An Act To Facilitate the Timely Reopening of Closed Clam Flats
Maine Legislature, Session 123, LD 2038
Committee Amendment CA_A-HA_B_H947 (House)

HOUSE AMENDMENT" B" to COMMITTEE AMENDMENT "A" to H.P. 1422, 
L.D. 2038, Bill, "An Act To Facilitate the Timely Reopening of Closed Clam Flats" 
Amend the amendment in Part B by striking out all of sections 1 and 2 (page 3, lines 
to 40 and page 4, lines 1 and 2 in amendment) and inserting the following: 
'Sec. B-1. Implementation of recommendations. The Department of Marine 
Resources, working with the federal Food and Drug Administration and interested 
parties, in consultation with the Shellfish Advisory Council under the Maine Revised 
Statutes, Title 
12, 
section 6038, shall 
implement in 
an orderly fashion 
all 
recommendations of the review conducted pursuant to Resolve 2007, chapter 82; except 
that, for the recommendation of the review requiring additional staff to comply with the 
National Shellfish Sanitation Program model ordinance requirements, the Department of 
Marine Resources shall report by January 15, 2009 with a plan for implementing that 
recommendation to the joint standing committee of the Legislature having jurisdiction 
over marine resources matters. 
Sec. B-2. Water quality test projects. The Department of Marine Resources 
shall undertake 2 or more projects within 18 months of the effective date of this Act 
under which a municipality contracts with a private laboratory, certified by the 
department, to conduct water quality tests. 
The department shall as part of the 
certification process request and review the past practices or service record for an entity 
that seeks to be certified by the department.' 
Amend the amendment in Part B by striking out all of section 4. 
SUMMARY 
This amendment delays the implementation of the review concerning additional staff 
to comply with the National Shellfish Sanitation Program model ordinance requirements. 
It requires the Department of Marine Resources to report by January 15, 2009 with a plan 
HOUSE AMENDMENT 
HOUSE AMENDMENT .:15" to COMMITTEE AMENDMENT "A" to H.P. 1422, L.D. 2038 
I 
to implement that recommendation. The amendment also increases by 6 months the time 
during which the 2 Of more water quality test projects must OCCUf. 
SPONSOREDBY:~~ __ ~~~ 
__ 7-~~ 
____ __ 
(Representative GERZOFSKY) 
TOWN: Brunswick 
HOUSE AMENDMENT 
Approved: 04/06/08 
~ac 
LD 2038 
LR 3030(09) 
An Act To Facilitate the Timely Reopening of Closed Clam Flats 
Fiscal Note for House Amendment ".E> II to Committee Amendment "A" 
Sponsor: Rep. Gerzofsky of Brunswick 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
$0 
2008-09 
($80,671 ) 
($80,671 ) 
Projections 
2009-10 
($206,619) 
($206,619) 
Projections 
2010-11 
($210,831) 
($210,831 ) 
This amendment removes the appropriation offunds to the Department of Marine Resources and results in a General 
Fund savings in fiscal year 2008-09 of $80,671. Additional costs to the Department of Marine Resources associated 
with developing a plan for implementing the recommendation requiring additional staffing for compliance with model 
ordinance requirements can be absorbed within existing budgeted resources. 
This amendment al so increases by six months the time the Department of Marine Resources has to undertake 2 or 
more projects in which a municipality contracts with a private laboratory, certified by the Department, to conduct 
water quality tests. The Department feels that the additional six months will allow these projects to be conducted 
within existing staffing levels. However, since these projects have not been performed previously, it is possible that 
once they are undertaken, it could be determined that they require more resources than anticipated, thus requiring 
resources to be shifted from existing programs and services. 
LR3030(09) - Fiscal Note - Page I of I