Resolve, Regarding Legislative Review of Portions of Section 10: Stream Crossings within Chapter 305 Permit by Rule Standards, a Major Substantive Rule of the Depal1ment of Environmental Protection
Maine Legislature, Session 124, LD 1725
Committee Amendment CA_B-SA_A_S493 (Senate)

SENATE AMENDMENT "/+" to COMMITTEE AMENDMENT "B" to H.P. 
1224, L.D. 1725, "Resolve, Regarding Legislative Review of Portions of Section 10: 
Stream Crossings within Chapter 305 Permit by Rule Standards, a Major Substantive 
Rule of the Depal1ment of Environmental Protection" 
Amend the amendment by striking out all of section I and insel1ing the following: 
'Sec. 1. Adoption. Resolved: That final adoption of p0l1ions of Section 10: 
Stream Crossings within Chapter 305 Permit by Rule Standards, a provisionally adopted 
major substantive rule of the Department 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; rulemaking. Resolved: That the 
Department of Environmental Protection, with the Department of Transportation, the 
Department of Inland Fisheries and Wildlife and the Depal1ment of Marine Resources, 
referred to in this section as "the departments," 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 I 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 participation by municipal 
officials and must provide opp0l1unities for field work for the depal1ments and municipal 
officials to examine specific crossing examples. 
The Department 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 shall submit the provisionally adopted rules to the Legislature by 
January I, 20 II for review by the joint standing committee of the Legislature having 
jurisdiction over natural resources matters. 
By January 5, 20 11, the Department of 
Environmental Protection and the Depal1ment of Transportation shall rep0l1 to the joint 
standing committee of the Legislature having jurisdiction over natural resources matters 
on the outreach and field work activities undertaken by the depal1ments and on the impact 
of the rule.' 
SENATE AMENDMENT 
~ .• ~ 
SENATE AMENDMENT • .,1-:. to COMMITTEE AMENDMENT "8" to I-I, p, 1224, L. D, 1725 
SUMMARY 
This amendment incorporates House Amendment "A" to Committee Amendment "B" 
except that it removes the authorization of the joint standing committee of the Legislature 
having jurisdiction over natural resources matters to submit a bill. 
This amendment authorizes portions of Section 1 0: 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 Department of Environmental Protection, with the 
Department of Transportation, 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 opportunities 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 provisionalIy adopted ntles be 
submitted to the Legislature by January I, 2011 for review by the joint standing 
committee of the Legislature having jurisdiction over natural resources matters. The 
amendment directs the Department 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 
undet1aken by the departme~ and on the impact of the rule not later than January 5, 
2011. 
SPONSORED BY: ;;/" \'=-T 
u.."\: 
:;;;>"'= f 
lSC-\.L :';OTE REQL'lRED 
~~~~tt~,c~.:d) 
SENATE AMENDMENT 
J 
) 
.::,) 
,) 
1:":'", 
Approved: 03/2911 0 
~ac:.. 
(~'-'\ 
LD 1725 
LR 2540(07) 
H 
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 EnvironlIlental Protection 
Fiscal Note for Senate Amendment "k' to Committee Amendment "B" 
, ]fiscal Detail and Notes 
Sponsor: Sen. Goodall of Sagadahoc 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
(' Additional costs to the Departments of Transportation, 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(07) - Fiscal Note - Page I of I