An Act To Require the Department of Environmental Protection To Exclude Repeat Violators of Environmental Laws from Receiving State Contracts
Maine Legislature, Session 123, LD 1200
Committee Amendment CA_A_S170 (Senate)
Amends: 38 MRSA §349-B

COMMITTEE AMENDMENT '/4 " to S.P. 388, L.D. 1200, Bill, "An Act To 
Require the Department of Environmental Protection To Exclude Repeat Violators of 
Environmental Laws from Receiving State Contracts" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Authorize the Department of Environmental Protection To 
Exclude Repeat Violators of Environmental Laws from Receiving Contracts 
with the Department' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §349-B is enacted to read: 
§349-B. Debarment from department contracts 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Repeat violation" means a violation of any legal requirement under this Title, or 
rules adopted under this Title, or of the terms or conditions of a license, permit or 
order issued by the board or the commissioner when a previous violation of any legal 
requirement under this Title, or rules adopted under this Title, or of the terms or 
conditions of a license, permit or order issued by the board or the commissioner was 
found. 
2. Debarment. The commissioner may, after hearing, debar from participation in 
contracts with the department for 2 years any person found to have committed a repeat 
violation when either the time for filing an appeal of the determination of that violation 
has expired or the appeals process has been exhausted.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ''jJ- " to S.P. 388, L.D. 1200 
SUMMARY 
This amendment replaces the bill. The amendment authorizes the Commissioner of 
Environmental Protection to debar from department contracts, rather than State contracts 
generally, as in the bill, for 2 years any person that commits a repeat violation of 
environmental laws. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05124/07 ;:W-ac:.. 
123rd MAINE LEGISLATURE f 
LD 1200 
LR 2087(02) 
An Act To Require the Department of Environmental Protection To Exclude Repeat Violators of 
Environmental Laws from Receiving State Contracts 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
The contra_ctors providing services to the Department of Environmental Protection can be highly specialized. 
Debarring them for two years could limit the contractors available to respond quickly to petroleum and hazardous 
materials spills. This potential for delay could increase the total cost to cleanup these sites. This fiscal note assumes 
that because the Commissioner of Environmental Protection is given some discretion to decide whether to debar, 
contractors with highly specialized or technical skills with no viable alternative competitors would not be debarred, 
reducing the potential for increased costs from the implementation of this bill. The department should be able to 
absorb the cost withi~ existing resources. 
LR2087(02) - Fiscal Note - Page 1 of 1