An Act To Require That All Persons Engaging in Asbestos Abatement Activities Be Subject to Licensing and Certification Requirements
Maine Legislature, Session 122, LD 0040
Committee Amendment CA_A_S66 (Senate)

COMMITTEE AMENDMENT "A, to S.P. 20, L.D. 40, Bill, "An Act 
To 
Require 
That 
All 
Persons 
Engaging 
in Asbestos 
Abatement 
Activities Be Subject to Licensing and Certification Requirements" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Amend the Licensing and Certification Requirements 
Relating to Asbestos Abatement Activities' 
Further amend the bill by inserting after section 1 the 
following: 
'Sec. 2. 38MRSA§1281, as enacted by PL 1987, c. 448, §l-C, 
is amended to read: 
S128I. Emergency provisions 
In an emergency that results from a sudden, unexpected event 
that is not a planned asbestos abatement project, including the 
emergency repair. installation, removal or servicing of heating 
eguipment 
in 
single-unit 
residential 
buildings 
by 
persons 
licensed by the Oil and Solid Fuel Board under Title 32, chapter 
~ 
the commissioner may waive the requirements for a license or 
certificate under this chapter. For the purposes of this section, 
emergency 
includes 
a 
sudden 
unexpected 
event 
that, 
if not 
immediately attended to, 
presents a 
safety or health hazard; 
operations necessitated by nonroutine failures of equipment or by 
to 
protect eguipment 
from 
damage; 
and 
actions 
of fire 
and 
emergency 
medical 
personnel 
pursuant to 
duties 
within their 
official 
capacities. 
Any 
person 
who 
performs 
an 
asbestos 
abatement 
activity, 
which 
activity 
would 
normally 
require 
Page l-LR0041(2) 
COMMITTEE AMENDMENT 
~ 
~~ 
COMMITTEE AMENDMENT" 
"to S.P. 20, L.D. 40 
notification pursuant to section 1273, saaseetieBs subsection 2 
aBe-~, under emergency conditions, shall notify the commissioner 
by phone within one working day and in writing within 3 days 
after performance of that activity.' 
SUMMARY 
This 
amendment 
clarifies 
that 
the 
Commissioner 
of 
Environmental Protection may waive the licensing or certification 
requirement 
for 
asbestos 
abatement 
activities 
undertaken 
by 
persons licensed by the Oil and Solid Fuel Board who perform 
emergency repair, installation, removal or servicing of heating 
equipment in single-unit residential buildings. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/09/05 hae 
LD40 
LR 0041(02) 
An Act to Require That All Persons Engaging in Asbestos Abatement Activities Be Subject to 
Licensing and Certification Requirements 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - Other Special Revenue Funds 
This legislation clarifies the authorization of the Commissioner of Environmental Protection to waive the asbestos 
abatement licensing and certification requirement for certain persons under certain circumstances. This may result in 
a reduction in dedicated revenue derived from the fees assessed for asbestos licensing and certification in an amount 
that can not be determined at this time. 
LR0041(2) - Fiscal Note - Page 1 of 1