An Act Concerning Water Quality in Watersheds
Maine Legislature, Session 124, LD 1399
Committee Amendment CA_A_H452 (House)
Amends: 12 MRSA §6603, 12 MRSA §6604, 12 MRSA §6605

COMMITTEE AMENDMENT "A" to H.P. 978, L.D. 1399, Bill, "An Act 
Concerning Water Quality in Watersheds" 
Amend the bill by inserting after the enacting clause the following: 
'Sec. 1. 12 MRSA §6603 is enacted to read: 
§6603. Resident recreational shellfish license 
1. License required. A person may not engage in the activities authorized under 
this section without a current resident recreational shellfish license issued by the 
commissioner. The department shall provide each person licensed under this section with 
a resident recreational shellfish license sticker. 
2. Licensed activity. The holder of a resident recreational shellfish license may take 
shellfish or possess, ship or transport within the' State shellfish that license holder has 
taken. This license does not authorize the license holder to sell shellfish or shellfish 
meats that have been removed from the shell. 
3.· Eligibility. A resident recreational shellfish license may be issued only to an 
individual who is a resident of this State. 
4. Fee. The fee for a resident recreational shellfish license is $6. 
5. 
Suspension of commercial shellfish license. 
A person whose commercial 
shellfish license has been suspended is not eligible for a resident recreational shellfish 
license. 
6. Violation. A person who violates this section commits a civil violation for which 
a fine of not less than $100 nor more than $500 may be adjudged. 
Sec. 2. 12 MRSA §6604 is enacted to read: 
§6604. Nonresident recreational shellfish license 
1. License required. A person may not engage in the activities authorized under 
this section without a current nonresident recreational shellfish license issued by the 
COMMITTEE AMENDMENT 
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COMMITT~E AMENDMENT 'A" to H.P. 978, L.D. 1399 
commISSIOner. The department shall provide each person licensed under this section with 
a nonresident recreational shellfish license sticker. 
2. Licensed activity. The holder of a nonresident recreational shellfish license may 
take shellfish or possess, ship or transport within the State shellfish that license holder has 
taken. This license does not authorize the license holder to sell shellfish or shellfish 
meats that have been removed from the shell. 
3. Eligibility. A nonresident recreational shellfish license may be issued only to an 
individual who is not a resident ofthis State. 
4. Fee. The fee for a nonresident recreational shellfish I icense is $11. 
5. Violation. A person who violates this section commits a civil violation for which 
a fine of not less than $100 nor more than $500 may be adjudged. 
Sec. 3. 12 MRSA §6605 is enacted to read: 
§6605. Recreational shellfish license sticker 
No later than January 1 st of each year, the commissioner shall provide each agent 
authorized to issue recreational shellfish licenses pursuant to section 6603 or 6604 with a 
sufficient quantity of recreational shellfish license stickers for licenses. Each agent shall 
retain $1 for each sticker sold by that agent for which a fee is required.' 
Amend the bill in section 1 in paragraph D in the last 2 lines (page 1, lines 6 and 7 in 
L.D.) by striking out the following: "Clean Shores Fund" and inserting the following: 
'Water Quality and Infrastructure Improvement Fund' 
Amend the bill in section 3 in subsection 7 in the last line (page 5, line 27 in L.D.) by 
striking out the following: "Clean Shores Fund" and inserting the following: 'Water 
Quality and Infrastructure Improvement Fund' 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. 38 MRS A §353-B, sub-§8 is enacted to read: 
8. 
Revenues derived from license fees. 
Revenues derived from resident and 
nonresident recreational shellfish I icense fees pursuant to Title 12, sections 6603 and 
6604 must be paid to the Treasurer of State, who shall credit those revenues to the Water 
Quality and Infrastructure Improvement Fund established under section 424-B.' 
Amend the bill in section 4 in subsection 3 in the 4th line (page 5, line 32 in L.D.) by 
inserting after the following: "areas" the following: 'and for hydrographic studies in 
shellfish growing areas' 
Amend the bill in section 4 in subsection 3 in the 7th line (page 5, line 35 in L.D.) by 
inserting after the following: "priorities" the following: 'from the Shellfish Advisory 
Council established under Title 12, section 6038 and' 
Amend the bill in section 5 in §424-B by striking out all of the first line (page 6, line 
in L.D.) and inserting the following: '§424-B. Water Quality and Infrastructure 
Improvement Fund' 
COMMITTEE AMENDMENT 
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COMMITfEEAMENDMENT 4" to H.P. 978, L.D. 1399 
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Amend the bill in section 5 in section §424-B in subsection I in paragraph A in the 
first line (page 6, line 9 in L.D.) by striking out the following: "Clean Shores Fund" and 
inserting the following: 'Water Quality and Infrastructure Improvement Fund' 
Amend the bill in section 5 in §424-B by striking out all of subsection 2 (page 6, lines 
and II in L.D.) and inserting the following: 
'2. Fund established. The Water Quality and Infrastructure Improvement Fund is 
established as a non lapsing fund under the jurisdiction and control of the department. 
The fund is established to improve and protect water quality in coastal areas through 
support of the growing area classification program within the public health division at the 
Department of Marine Resources, improve the State's wastewater infrastructure, remove 
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licensed overboard discharges, abate or remove pollution from failing subsurface 
wastewater disposal systems and improve the identification of pollution in shellfish 
harvesting areas.' 
Amend the bill in section 5 in §424-B in subsection 3 by inserting after paragraph B 
the following: 
'C. Dedicated revenue derived from license fees pursuant to Title 12, sections 6603 
and 6604;' 
Amend the bill in section 5 in §424-B in subsection 3 in paragraph F in the first line 
(page 6, line 22 in L.D.) by inserting after the following: "and" the following: 'directed or 
advised' 
Amend the bill in section 5 in §424-B in subsection 3 by relettering or renumbering 
the paragraphs to read consecutively. 
Amend the bill in section 5 in §424-B by striking out all of subsections 4 and 5 (page 
6, lines 26 to 33 in L.D.) and inserting the followiIig: 
'4. Distribution. After administrative costs, revenue credited to the fund must be 
distributed as follows. 
A. Those funds necessary to support 3 positions in the growing area classification 
program within the public health division of the Department of Marine Resources or 
50% of the fund, whichever is greater, must be transferred to the Department of 
Marine Resources. Any funds transferred in excess of those necessary to support the 
positions are to be used to support overtime work by staff in the growing area 
classification program during instances of flood closures of shellfish growing areas. 
B. The remaining balance of the fund after the transfer made pursuant to paragraph 
A must be used to support the removal of licensed overboard discharges, investment 
in the improvement of the State's wastewater infrastructure, abatement or removal of 
sources of pollution from failing subsurface wastewater disposal systems and grants 
to municipal or other qualified applicants in identifying polllltion in shellfish 
harvesting areas. 
The department and the Department of Marine Resources must be reimbursed from the 
fund for administrative costs. "Administrative costs" for the purposes of this subsection 
means personal services directly associated with the processing and collection of the 
license surcharges pursuant to section 353-B and Title 12, sections 6603 and 6604. The 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 978, L.D. 1399 
department and the Department of Marine Resources shall annuaIly provide an itemized 
description of the prior year's expenses from the fund and a proposed budget for the 
following year to the Shellfish Advisory Council established under Title 12, section 6038 
and to representatives of publicly owned treatment works. 
5. Revenue bonds. The department may use the fund distribution assigned for 
investment in the improvement of the State's wastewater infrastructure, removal of 
licensed overboard' discharges or the abatement or removal of pollution from failing 
subsurface wastewater disposal systems as necessary to meet any provisions related to 
debt service of bond issues for the purposes described in subsection 2. 
6. Grants. The department shall establish procedures and criteria for the grant 
application process, eligibility for grants and the award and use of grants made under this 
section.' 
Amend the bill in section 5 in §424-B by relettering or renumbering the subsections 
to read consecutively. 
Amend the bill by inserting after section 6 the following: 
'Sec. 7. Report. The Department of Marine Resources and the Department of 
Environmental Protection shall submit a report to the joint standing committee of the 
Legislature having jurisdiction over natural resources matters by January 1, 2011 that 
identifies, the point and nonpoint sources of fecal coliform that affect the State's shellfish 
areas based upon existing information readily available to the departments. The report 
must be comprehensive and include but not be limited to analysis of storm water runoff, 
overboard discharge sources, farm and agricultural operations, municipal wastewater 
systems, direct industrial discharges and private septic systems. 
The joint standing 
committee is authorized to submit legislation to the First Regular Session of the 125th 
Legislature to amend the fee structure established in the Maine Revised Statutes, Title 12, 
sections 6603 and 6604 and Title 30~A, section 353-B, subsection 2, paragraph A on the 
basis of the report required under this section. 
Sec. 8. Transfer from General Fund unappropriated surplus; Bureau of 
Resource Management, Shellfish Fund, Department of Marine Resources. 
Notwithstanding any other provision of law, the State Controller shall transfer $198,824 
by July 15, 2009 from General Fund unappropriated surplus to the Bureau of Resource 
Management, Shellfish Fund, Other Special Revenue Funds program within the 
Department of Marine Resources. On or before June 30, 2010, the State Controller shall 
transfer revenue credited to the Maine Environmental Protection Fund, Water Quality 
Infrastructure Improvement Fund, Other Special Revenue Funds account within the 
Department of Environmental Protection to the unappropriated surplus of the General 
Fund to repay the $198,824. 
Sec. 9. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Maine Environmental Protection Fund 0421 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT A 
"to H.P. 978, L.D. 1399 
Initiative: Provides grants to municipalities and other entities to identifY .and abate 
pollution in shellfish growing areas. 
OTHER SPECIAL REVENUE FUNDS 
2009-10 
2010-11 
All Other 
$115,791 
$323,232 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$115,791 
$323,232 
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
2009-10 
2010-11 
OTHER SPECIAL REVENUE FUNDS 
$115,791 
$323,232 
DEPARTMENT TOTAL-ALL FUNDS 
$115,791 
$323,232 
MARINE RESOURCES, DEPARTMENT OF 
Bureau of Resource Management 0027 
Initiative: Establishes one Marine Resource Scientist II position and 2 Marine Resource 
Scientist I positions and provides funding for related All Other costs. 
OTHER SPECIAL REVENUE FUNDS 
2009-10 
2010-11 
POSITIONS - LEGISLATIVE COUNT 
3.000 
3.000 
Personal Services 
$170,133 
$235,975 
All Other 
$28,691 
$38,293 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$198,824 
$274,268 
MARINE RESOURCES, DEPARTMENT OF 
DEPARTMENT TOTALS 
2009-10 
2010-11 
OTHER SPECIAL REVENUE FUNDS 
$198,824 
$274,268 
DEPARTMENT TOTAL - ALL FUNDS 
$198,824 
$274,268 
SECTION TOTALS 
2009-10 
2010-11 
OTHER SPECIAL REVENUE FUNDS 
$314,615 
$597,500 
COMMITTEE AMENDMENT 
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COMMITIEE AMEN~MENT ·A" to H.P. 978, L.D. 1399 
SECTION TOTAL - ALL FUNDS 
$314,615 
$597,500 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The amendment establishes resident and nonresident recreational shellfish licenses 
with associated fees and provides for distribution of the fees. 
The amendment changes the name of the Clean Shores Fund to the Water Quality and 
Infrastructure Improvement Fund and provides that license fees will be credited to the 
fund. The amendment clarifies the purposes for which the fund may be used and how 
money in the fund must be distributed. 
The amendment provides that the Department of Marine Resources must solicit 
priorities for monitoring and classification of shellfish growing are;;ts from the Shellfish 
Advisory Council. 
The amendment clatifies that private gifts or bequests to the fund may be directed or 
advised. 
The amendment adds a one-time reporting requirement and an appropriations and 
allocations section. 
The amendment provides that the Department of Environmental Protection may 
establish procedures and criteria for the grant application process, eligibility for grants 
and the award and use of grants from the fund. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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LD 1399 
LR 418(02) 
An Act Concerning Water Quality in Watersheds 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Natural Resources 
Fiscal NoteRequired: Yes 
Fiscal Note 
State Mandate - Unfunded 
Projections 
2009-10 
2010-11 
2011-12 
"Net Cost (Savings) 
General Fund 
$0 
$0 
$0 
Appropriations/Allocations 
Other Special Revenue Funds 
$314,615 
$597,500 
$597,500 
Revenue 
Other Special Revenue Funds 
$314,615 
$597,500 
$597,500 
Transfers 
General Fund 
$0 
$0 
$0 
Other Special Revenue Funds 
$0 
$0 
$0 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
State Mandates 
Required Activity 
This bill requires municipalities to engage in additional administrative and clerical 
duties related to fee collection and remittance to the Treasurer of State. 
Unit Affected 
Municipality 
Public Utility 
Projections 
2012-13 
$0 
$597,500 
$597,500 
$0 
$0 
Local Cost 
Insignificant 
statewide 
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% ofthe additional costs or a Mandate Preamble is 
amended to the bill and two-thirds of the members of each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
LR0418(02) - Fiscal Note - Page 1 of 2 
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Fiscal Detail and Notes 
LA (H .. if sci) LD 13 q q ,; 
This bill creates the Water Quality and Infrastructure Improvement Fund within the Department of Environmental 
Protection (DEP) which is funded through license fees on recreational shellfish licenses, surcharges on the installatiop" 
of new sewer systems, the municipal combined sewer overflow and overboard dis·charges and per ratepayer surcharge,) 
to sewer utilities. It is estimated that the fees raised will be $314,615 in FY 2009-10 and $597,500 thereafter. 
Beginning in fiscal year 2010-11, the bill transfers from the newly created fund to the Department of Marine 
Resources for one Marine Resource Scientist II position, two Marine Resource Scientist I positions and related 
. administrative costs totaling $274,268 in FY 2010-11. In fiscal year 2009-10, $198,824 is transferred from the 
unappropriated surplus of the General Fund to the Department of Marine Resources, with the amount repaid in the 
same year from revenues deposited to the new fund. 
The new fund will also provide grants to municipalities and other entities to identify and abate pollution in shellfish 
growing areas in the amount of$115,791 in FY 2009-10 and $323,232 in FY 2010-11. Additional costs to DEP 
associated with management of the fund can be absorbed within existing budgeted resources. 
LR04l8(02) - Fiscal Note - Page 2 of2 
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