An Act To Provide for Legislative Review of Recently Proposed Revisions to Certain Rules Adopted Pursuant to the Site Location of Development Laws (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1787
Committee: Natural Resources
Sponsors: GOODALL, DUCHESNE
Amends: 38 MRSA §485-A

MAINE STATE LEGISLATURE 
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124thMAI E LEGISLATURE 
Legislative Document 
No. 1787 
S.P.698 
In Senate, February 18, 2010 
An Act To Provide for Legislative Review of Recently Proposed 
Revisions to Certain Rules Adopted Pursuant to the Site Location of 
Development Laws 
(AFTER DEADLINE) 
Approved for introduction by arnajority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator GOODALL of Sagadahoc. 
Cosponsored by Representative DUCHESNE of Hudson. 
Printed on recycled paper 
9t[J{J~ 
. JOY 1. O'BRIEN 
Secretary of the Senate 
Be it enacted bytbe People of tbe State of Maine as follows: 
Sec. 1. 38 MRSA §485-A,as amended by PL 2009, c. 293, §2, is fllliher amended 
to read: 
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§485-A., Notification required; boal'd action;' administrative appeals 
1. Application. Any person intending to construct or operate a development shall~ 
before commencing construction or operation, notify the commissioner in' writing of the 
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intent,nature and location of the development, together with such other information as 
the board may by rule require, The depaliment shall approve the proposed development, 
setting fOlih such terms and conditions 'as are appropriate and reasonable, disapprove the 
proposed development, setting fOlih the reasons for the disapproval, or schedule a hearing 
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in the mannei' described in s~ction 486-A. 
I-A. Wood supply. For a new or expanded development requiring an al~nual supply 
of wood or wood-derived materials in excess of 150,000 tons green weight, the applicant 
shall submit a wood supply plan for informational purposes to the Maine Forest Service 
concurrent with the application required in subsection 1. The wood supply plan must 
include, but is not limited to, the following information: 
A. 
The expected operational life of the development; 
B. 
The projected annual wood consumption of wood mill residue, wood fiber and 
recycled materials from forest products during the entire operational life of the 
development; 
C. 
The expected market area for wood supply necessary to supply the development; 
and 
D. 
Other relevant wood supply information. 
I-C. 
Long-term construction projects. 
The dypaJiment shall adopt rules 
identifying requirements for a long-term construction project that allow approval oJ 
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development within a specified area and' within specified parameters sllch as maximum 
area and groundwater usage, although the specific nature and extent of the development 
or timing of construction may not be known at the time a permit for the long-tenn 
construction project is issued. The location and parameters of the development must 
meet the standards of this aJiicle. This subsection does not apply to metallic mineral 
mining or advanced exploration activities. Rules adopted pursuant to this subsection are 
major substantive rule,s as defined in Title 5, chapter 375. subchapter 2 A. 
2. ' Hearing request. 
If the department has issued an order without a hearing 
'regarding any person's development, that person may request, in writing, a hearing before 
the board within 30 days after notice of the department's decision. This request must set 
forth, in detail, the findings and conclusions of the department to which that person 
' objects, the basis of the objections and the nature of the relief requested. Upon receipt of 
the request, the board shall schedule and hold a hearing limited to the matters set forth in 
the request. Hearings must be scheduled in accordance with section 486-A. 
Page I -124LR2S83(OI)-1 
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3. 
Failure to notify commiSSIOner. 
The commISSIOner may, at any time with 
respe~t to any person who has commenced construction or operation of any development 
without having first notified the commissioner pursuant to this section, schedule and 
conduct a public hearing with respect to tha(development. 
4. Permit display. A person issued a permit pursuant to this article for activities in a 
great pond watershed shall have a copy of the permit on site while work authorized by 
that permit is being conducted. 
Sec. 2. 38 MRS A §489-E is enacted to read: 
§489-E. Rulemaking 
'Except for rules regarding storm water management pursuant to section 484, 
subsection 4-A and section 488, subsections 14 and 18, rules adopted pursuant to this 
al1icle by the'depat1ment after JanualY l, 2010 and before January l, 2012 are major 
substantive rules as defiiied in Title 5, chapter 375, subchapter 2-A. ' Any rules adopted' 
by the depat1ment pursuant to this article on or after January 1, 2012 are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. Rules. The Depat1ment of Environmental Protection shall submit any major 
substantive rules provisionally adopted in 2010 pursuant to this Act to the joint standing 
committee of the 125th Legislature having jurisdiction over natural resources matters for 
review. 
SUMMARY 
This bill requires that rules adopted by the Departlllent of Environmental Protection 
pursuant to the site location of development laws after January 1, 2010 and- before 
January 1, 2012 are major substantive rules, except for storm water management rules, 
which remain routine technical rules. Any major substantive rules prOvisionally adopted 
for the site location of development laws in 2010 must be submitted to the Joint Standing 
Committee on Natural Resources. All rules adopted after January 1, 2012 are routine 
technical rules.