An Act To Implement Recommendations of the Drin.king Water Program Regarding Public Water Supply Protection
Maine Legislature, Session 123, LD 1888
Committee Amendment CA_A_S263 (Senate)
Amends: 22 MRSA §2649-A, 38 MRSA §480-Q

COMMITTEE AMENDMENT "A " to S.P. 687, L.D. 1888, Bill, "An Act To 
Implement Recommendations of the Drin.king Water Program Regarding Public Water 
Supply Protection" 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec.4. 22 MRSA §2649-A is enacted to read: 
§2649-A. State's impact on public water supply protection 
When undertaking actions that have a negative impact on a public water supply, a 
state agency shall consider the impact and evaluate alternatives to avoid and minimize the 
impact.' 
Amend the bill in section 11 in §480-E-2 in the first paragraph in the first line (page 
3, line 6 in L.D.) by inserting after the following: "may delegate" the following: 'review' 
Amend the bill by inserting after section 11 the following: 
'Sec. 12. 38 MRSA §480-Q, sub-§2-C is enacted to read: 
2-C. Transportation reconstruction or replacement project within a community 
public water system primary protection area. A transportation reconstruction or 
replacement project located within a community public water system primary protection 
area as long as a pennit is not required due to the presence of any other type of protected 
natural resource;' 
Amend the bill by striking out all of section 13 and inserting the following: 
'Sec. 13. 
Rulemaking and implementation date. 
The Department of 
Environmental Protection shall adopt rules to specify requirements for an activity located 
in a community public water system primary protection area. The rules may include 
provisions addressing mitigation. 
For purposes of the rulemaking, mitigation may 
Page J- 123LR2637(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT /4 " 
to S.P. 687, L.D. 1888 
include avoiding, minimizing, rectifying, reducing or eliminating an adverse impact, but 
may not include compensating for an impact. A permit is not required under the Maine 
Revised Statutes, Title 38, chapter 3, article 5-A for an activity located in, on or over a 
community public water system primary protection area until the effective date of the 
rules provided for in this section, unless a permit is otherwise required under the Maine 
Revised Statutes, Title 38, section 480-C. Rules adopted pursuant to this section are 
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
The 
Department of Environmental Protection shall provide notice of the rulemaking under 
this section to municipalities in which community public water system primary protection 
areas are located.' 
II 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment deletes the requirement in the bill that requires state agencies to 
conduct mitigation of unavoidable impacts the agency's actions have on a public water 
supply. It clarifies that the Commissioner of Environmental Protection may delegate 
review authority to the drinking water program of the Department of Health and Human 
Services or to a community public water system. It adds an exemption to the laws 
regarding the protection of natural resources for transportation reconstruction or 
replacement projects within a community public water system primary protection area. It 
clarifies that the Department of Environmental Protection may address mitigation in rules 
concerning community public water system primary protection areas, but may not include 
compensation as a method of mitigation. It designates rules specifying requirements for 
activities located in a community public water system primary protection area as major 
substantive rules. It requires the Department of Environmental Protection to provide 
notice of the rulemaking to municipalities in which community public water system 
primary protection areas are located. 
FISCAL :'IiOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/08/07 ,frac 
LD 1888 
LR 2637(02) 
An Act To Implement Recommendations of the Drinking Water Program Regarding Public Water 
Supply Protection 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ':,4 " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to the Department of Environmental Protection, the State Planning Office, and the Department of 
Health and Human Services can be absorbed utilizing existing budgeted resources. 
LR2637(02) - Fiscal Note - Page 1 of 1