An Act To Protect Lake Water Quality
Maine Legislature, Session 123, LD 2249
Committee Amendment CA_A_H864 (House)

-. GOMMITTEE AMENDMENT 'H " 
to H.P. 1610, L.D. 2249, Bill, "An Act To 
Protect Lake Water Quality" 
Amend the bill by striking out all of section 1 (page 1, lines 2 to 20 in L.D.) 
Amend the bill by striking out all of section 3 (page 2, lines 30 to 41 in L.D.) and 
inserting the following: 
'Sec. 3. 38 MRS A §439-B is enacted to read: 
§439-B. Contractors certified in erosion control 
1. 
Definition. 
For purposes of this section, "excavation contractor" means an 
individual or firm engaged in a business that causes the disturbance of soil, including 
grading, filling and removal, or in a business in which the disturbance of soil results from 
an activity that the individual or firm is retained to perform. 
2. Certification reguired. An excavation contractor conducting excavation activity 
in a shoreland area shaIl ensure that a person certified in erosion control practices by the 
department: 
A. Is responsible for management of erosion and sediment control practices at the 
site; and 
B. Is present at the site each day earth-moving activity occurs for a duration that is 
sufficient to ensure that proper erosion and sedimentation control practices are 
followed. 
The requirements of this subsection apply until erosion control measures that will 
permanently stay in place have been installed at the site or, if the site is to be revegetated, 
erosion control measures that will stay in place until the area is sufficiently covered with 
vegetation necessary to prevent soil erosion have been installed. 
3. Application. This section does not apply to activities resulting in less than one 
cubic yard of earth material being added or displaced. 
Page \- 123LR3531(02)-1 
COMMITTEE AMENDMENT 
CO MMlTTEE AM EN DMENT "~" to H.P. 1610, L.D. 2249 
4. Effective date. This section takes effect January L 2013. 
Sec. 4. Report. By January 15, 2009, the Department of Environmental Protection 
shall submit to the joint standing committee of the Legislature having jurisdiction over 
natural resources matters a report evaluating strategies to diminish the impact of private 
roads, driveways and boat ramps on lake water quality. The report must include guidance 
to municipalities on appropriate road standards for the protection of lake water quality, a 
sample model ordinance and, in consultation with the Office of the Attorney General, an 
analysis of the constitutional issues regarding the public purpose doctrine raised by 
permitting a municipality to adopt an ordinance that includes an assessment of an annual 
fee on property owners for construction or maintenance of a private road to prevent 
degradation of water qual ity.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The amendment removes from the bill the authority for municipalities to assess 
annual fees under certain conditions to property owners whose properties are accessed by 
a private road. 
The amendment clarifies that on-site supervision by an excavation 
contractor certified in erosion control must be of a sufficient duration to ensure that 
proper erosion and sedimentation control practices are followed and that the requirement 
that a contractor certified in erosion control be on site does not apply to activities 
resulting in less than one cubic yard of earth material being added or displaced. The 
amendment directs the Department of Environmental Protection to submit to the joint 
standing committee of the Legislature having jurisdiction over natural resources matters a 
report evaluating strategies to diminish the impact of private roads, driveways and boat 
ramps on lake water quality. 
FISCAL \UTE HEQLlHED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/26/08 frac 
Revenue 
123rd M,-t\INE LEGISLATURE 
LD 2249 
LR 3531(02) 
An Act To Protect Lake Water Quality 
Fiscal Note for Bill as Amended by Committee Amendment "p" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
2008-09 
Projections 
2009-10 
Other Special Revenue Funds 
$0 
$83,000 
$83,000 
.scal Detail and Notes 
Projections 
2010-11 
$83,000 
This legislation is expected to result in an increase in dedicated revenue to the Storm Water Compensation Fund 
administered by the Department of Environmental Protection of$83,000 annually beginning in fiscal year 2008-09. 
The additional revenue will be derived from an increase in the compensation fee from $10,000 per pound to $25.000 
per pound of available phosphorus. The Stoml Water Compensation Fund is a pass-through account where 
compensation fee revenue is deposited and disbursed for the sole purpose of implementing compensation projects as a 
condition of a pemlit. 
LR3531 (02) - FiscaJ Note - Page 1 of 1