An Act To Coordinate the Implementation of the In-stream Flow and Water Level Rules among the Department of Environmental Protection, the Drinking Water Program of the Department of Health and Human Services and the Public Utilities Commission
Maine Legislature, Session 123, LD 0774
Committee Amendment CA_A_H252 (House)
Amends: 38 MRSA §470-H

COMMITTEE AMENDMENT "/1,, to H.P. 592, L.D. 774, Bill, "An Act To 
Coordinate the Implementation of the In-stream Flow and Water Level Rules among the 
Department of Environmental Protection, the Drinking Water Program of the Department 
of Health and Human Services and the Public Utilities Commission" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the provisions of this legislation must take effect immediately to provide 
the statutory basis for major substantive rules authorized to be finally adopted when 
approved; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §470-H, as enacted by PL 2005, c. 330, § 12, is amended to 
read: 
§470-H. In-stream flow and water level requirements; rules 
The board shall adopt rules that establish water use staRdaFds requirements for 
maintaining in-stream flows and GPA: lake or pond water levels that are protective of 
aquatic life and other uses and that establish criteria for designating watersheds most at 
risk from cumulative water use. Stafldaros Requirements adopted under this section must 
be based on the natural variation of flows and water levels, allowing variances if use will 
still be protective of water quality within that classification. The board shall incorporate 
into the rules a mechanism to reconcile, to the extent feasible, the objective of protecting 
Page \- 123LR0651(02)-1 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"~" to H.P.592, L.D. 774 
aquatic life and other uses as provided for in this section and the objective of allowing 
community water systems to use their existing water supplies to provide water service. 
Before the department issues a community water system withdrawal certificate, the 
certificate must be reviewed and approved by the drinking water program of the 
Department of Health and Human Services, with technical assistance from the Public 
Advocate on economic issues, to ensure that conditions contained in the certificate are 
economically affordable and technically feasible and will not jeopardize the safety, 
dependability or financial viability of the community water system. Except as necessary 
to meet the requirements in this section and rules adopted pursuant to this section, a 
community water system does not forfeit the rights, powers or responsibilities related to 
water use that are contained in its legislative charter or similar authority. Rules adopted 
under this section are state water use rules in accordance with the authority reserved to 
states under the federal Clean Water Act. A water user that fails to comply with the 
requirements of the rules adopted under this section is subject to penalties pursuant to 
section 349. For purposes of this section, "community water system" has the same 
meaning as in Title 22, section 2660-B, subsection 2. Rules adopted under this section are 
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. ' 
SUMMARY 
This amendment adds an emergency preamble and clause. The amendment clarifies 
that the water use rules adopted. by the Board of Environmental Protection are water use 
requirements adopted in accordance with the authority reserved to states under the 
federal Clean Water Act. It directs the board to incorporate into the rules a mechanism to 
reconcile the objective of protecting aquatic life and other uses with the objective of 
allowing community public water systems to use their existing water supplies to provide 
water service. It requires that a community water system withdrawal certificate must be 
reviewed and approved by the drinking water program of the Department of Health and 
Human Services, with technical assistance from the Public Advocate, before being issued 
by the Department of Environmental Protection. 
FISCAL :\OTE REQllRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/14/07 
;:r?/LZC 
LD774 
LR 651(02) 
An Act To Coordinate the Implementation of the In-stream Flow and Water Level Rules among the 
Department of Environmental Protection, the Drinking Water Program of the Department of Health 
and Human Services and the Public Utilities Commission ,t 
Fiscal Note for Bill as Amended by Committee Amendment "tT' 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection, the Public Utilities Commission and the 
Department of Health and Human Services in implementing this bill can be absorbed utilizing existing budget 
resources. 
LR0651(02) - Fiscal Note - Page 1 of 1