Resolve, Regarding Legislative Review of POIiions of Section 10: Stream Crossings within Chapter 305 Permit by Rule Standards, a Major Substantive Rule of the Depaliment of Environmental Protection
Maine Legislature, Session 124, LD 1725
Committee Amendment CA_B-HA_A_H778 (House)

HOUSE AMENDMENT" .fj" to COMMITTEE AMENDMENT "B" to H.P. 1224, 
L.D. 1725, "Resolve, Regarding Legislative Review of POIiions of Section 10: Stream 
Crossings within Chapter 305 Permit by Rule Standards, a Major Substantive Rule of the 
Depaliment of Environmental Protection" 
Amend the amendment by striking out all of section I and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of pOliions of Section 10: 
Stream Crossings within Chapter 305 Permit by Rule Standards, a provisionally adopted 
major substantive rule of the Depaliment of Environmental Protection that has been 
submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A, is authorized only as it applies to the construction of new 
stream crossings undertaken on or after the effective date of this resolve; and be it further 
Sec. 2. 
Department review and report; rulemaldng; authority for 
legislation. Resolved: That the Department of Environmental Protection, with the 
Department of TranspOliation, the Department of Inland Fisheries and Wildlife and the 
Depaliment of Marine Resources, referred to in this section as "the depmiments," shall 
conduct a series of meetings with municipal public works officials to provide training, 
information and opportunities to evaluate stream crossings subject to the requirements of 
the rule approved pursuant to section 1 and stream crossings in existence on the effective 
date of this resolve that may be subject to rules adopted pursuant to this section. The 
meetings must be held in locations around the State sufficient to provide for widespread 
pmiicipation by municipal officials and must provide 0ppOliunities for field work for the 
departments and municipal officials to examine specific crossing examples. 
The 
Depaliment of Environmental Protection shall adopt major substantive rules in 
accordance with Public Law 2009, chapter 460, sections 3 and 4 regarding stream 
crossings in existence on the effective date of this resolve and sha)1 submit the 
provisionally adopted rules to the Legislature by January 1,2011 for review by the joint 
standing committee of the Legislature having jurisdiction over natural resources matters. 
By January 5, 2011, the Depaliment of Environmental Protection and the Depaliment of 
TranspOliation shall repOli to the joint standing committee of the Legislature having 
jurisdiction over natural resources matters on the outreach and field work activities 
undertaken by the depaliments and on the impact of the rule. Following its review of the 
report, the committee may submit a bill by April 30, 2011 to the First Regular Session of 
HOUSE AMENDMENT 
.:~\ 
HOUSE AMENDMENT ,,~ " to COMMITTEE AMENDMENT "8" to H.P. 1224, L.D. 1725 
the 125th Legislature regarding suggested revisions to Section 10: Stream Crossings 
within Chapter 305 Permit by Rule Standards.' 
SUMMARY 
This amendment authorizes p0I1ions of Section 10: Stream Crossings within Chapter 
Permit by Rule Standards only as it applies to construction of new stream crossings 
undertaken on or after the effective date of this resolve. 
The amendment also directs the Depal1ment of Environmental Protection, with the 
Department of Transp0I1ation, the Department of Inland Fisheries and Wildlife and the 
Department of Marine Resources, to conduct a series of meetings with municipal public 
works officials to provide training, information and opp0I1unities to evaluate stream 
crossings. The amendment directs the Department of Environmental Protection to adopt 
major substantive rules regarding stream crossings that are already in existence on the 
effective date of this resolve and requires that the provisionally adopted rules be 
submitted to the Legislature by January 1, 2011 for review by the joint standing 
committee of the Legislature having jurisdiction over natural resources matters. The 
amendment directs the Depal1ment of Environmental Protection and the Department of 
Transportation to report to the joint standing committee of the Legislature having 
jurisdiction over natural resources matters on the outreach and field work activities 
undertaken by the departments and on the impact of the rule not later than January 5, 
2011. It also authorizes the committee to submit a bill by April 30, 20 II to the First 
Regular Session ofthe~egislaJure ~e~ing suggested revisions to the rule. 
SPONSORED BY: \ iL~4====--
(Representative DUCHESNE 
TOWN: Hudson 
FISCAL NOTE REQUIRED 
(See Attached) 
HOUSE AMENDMENT 
) 
) 
) 
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(~-\ 
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Approved: 03/18/1 0 
~aC!. 
LD 1725 
LR 2540(05) 
Resolve, Regarding Legislative Review of Portions of Section 10: Stream Crossings within Chapter 305 
Permit by Rule Standards, a Major Substantive Rule of the Department of Environmental Protection 
Fiscal Note for House Amendment 'ff' to Committee Amendment "B" 
Sponsor: Rep. Duchesne of Hudson 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
Fiscal Detail and Notes 
Additional costs to the Depal1ments of Transp0l1ation, Inland Fisheries and Wildlife and Marine Resources associated 
with conducting meetings with municipal public works officials to provide training information and opportunities to 
evaluate crossings subject to this rule can be absorbed within existing budgeted resources. 
LR2540(05) - Fiscal Note - Page 1 of 1