An Act To Improve Water Quality through the Phaseout of Overboard Discharges and the Improvement of the Boat Pump-out Laws
Maine Legislature, Session 124, LD 1573
Committee Amendment CA_A_H756 (House)

COMMITTEE AMENDMENT ,/1 " 
to H.P. 1111, L.D. 1573, Bill, "An Act To 
Improve Water Quality through the Phaseout of Overboard Discharges and the 
Improvement of the Boat Pump-out Laws" 
Amend the bill in section 2 by striking out all of the last blocked paragraph (page 2, 
lines 9 to 16 in L.D.) and inserting the following: 
'For purposes of this subsection, "annual income" means the sum of all the property 
ovmer's federal taxable income for the previous year for single family d\vellings, gross 
profits for the previous year for commercial establishments and gross rents for the 
previous year for rental properties, as listed on the relevant federal income tax returns. 
For purposes of this subsection, annual income is determined separately for residential 
propertY owners and commercial establishments. 
For a residential property owner, 
including a trust, "annual income" means the sum of the taxable incomes of each owner 
of the property if it is jointly owned or of each beneficiary and grantor if the 'property 
owner is a trust for the previous year as listed on the relevant federal income tax returns 
for the previous year; For a commercial establishment, "annual income" means taxable 
income or ordinary business income for the previous year as listed on the relevant federal 
income tax return plus any depreciation or other noncash expense that was deducted to 
compute taxable or ordinary business income on that return. A rental property must be 
considered a commercial establishment or as contributing to annual income depending on ' 
how it is reported on the overboard discharge owner's federal income tax return from the 
previous year.' 
Amend the bill in section 4 in subsection 3-A in the first paragraph by striking out all 
of the last sentence (page 3, lines 6 to 9 in L.D.) and inserting the following: 
'For 
purposes of this subsection, "significant action" means a single construction project 
performed on a primary residence with an overboard discharge when the total material 
and labor cost of the construction project exceeds $50,000. "Significant action" does not 
include construction that makes the residence accessible to a person with a disability who 
resides in or regularly uses the residence or reconstruction performed in response to an 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1111, L.D. 1573 
event beyond the control of the owner, such as a hurricane, flood, fire or the unanticipated 
physical destruction of the residence.' 
Amend the bill in section 4 in subsection 3-A by striking out all of paragraph B (page 
3, lines 20 to 44 and page 4, lines 1 to 3 in L.D.) and inserting the following: 
'B. If there is a transfer, or if a significant action is proposed, the owner of an 
overboard discharge must conduct an alternatives analysis and may be required to 
remove the overboard discharge system as provided in this paragraph. 
(1) Except when it has been . demonstrated within 5 years prior to a transfer, or 
some other time period acceptable to the department, that there is no 
technologically proven alternative to an overboard discharge, prior to transfer of 
ownership of property containing an overboard discharge, the parties to the 
transfer shall determine the feasibility of technologically proven alternatives to 
the overboard discharge that are consistent with the plumbing standards adopted 
by the Department of Health and Human Services pursuant to Title 22, section 
42. 
(2) Except when it has been demonstrated within 5 years prior to the significant 
action, or some other time period. acceptable to the department, that there is no 
technologically proven alternative to an overboard discharge, prior to the 
significant action the owner of the overboard discharge shall determine the 
feasibility of a technologically proven alternative to the overboard discharge that 
is consistent with the plumbing standards adopted by the Department of Health 
and Human Services pursuant to Title 22, section 42. 
(3) The determination concerning whether there is a technologically proven 
alternative to an overboard discharge must be based on documentation from a 
licensed site evaluator provided by the applicant and approved by the Department 
of Environmental Protection that the system constitutes a best practicable 
treatment under section 414-A, subsection I-B. Ifan alternative to the overboard 
discharge is identified, the alternative system must be installed within 90 days of 
property transfer or significant action, except that, if soil conditions are poor due 
to seasonal weather, the alternative may be installed as soon as soil conditions 
permit. The installation of an alternative to the overboard discharge may be 
eligible for funding under section 411-A. On a property transfer, a commercial 
establishment may request an extension of the 90-day period based on 
information that an extension is neceSSalY due to technical, economic or 
environmental considerations. The department may authorize an extension for a 
commercial establishment for as short an additional period as the department 
considers reasonable but in rio case may ari extension be authorized to continue 
beyond the expiration of the current waste discharge license or 2 years from the 
property transfer, whichever is later. Within 10 business days of receipt of a 
complete extension request, the department shall issue a written decision 
approving or denying the extension. 
Nothing in this paragraph requires a municipality to withhold a local permit or 
approval associated with a significant action until the provisions of this paragraph 
have been met.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to I-I.P. 1111, L.D. 1573 
Amend the bill in section 5 in subsection I-B in paragraph A by inserting after 
subparagraph (3) the following: 
'(4) If a technologically proven alternative system for an overboard discharge 
from a residence is identified and is not eligible for grant funding according to 
the cost-share schedule under section 411-A, subsection 2-A and the overboard 
discharge is subject to a license that expires on or after July 2, 2010 and prior to 
July 2, 2012, the department may not require the alternative to be installed earlier 
than July 2, 2012. 
(5) 
If a technologically proven alternative system for an overboard discharge 
from a commercial establishment is identified and is not eligible for grant 
funding according to the cost-share schedule under section 411-A, subsection 
2-A and the overboard discharge is subject to a license that expires on or after 
July 2, 2010 and prior to July 2, 2012, the department may not require the 
alternative to be installed earlier than July 2, 2012.' 
Amend the bill in section 5 in subsection I-B by inserting after paragraph E the 
following: 
'F. 
For the purposes of this subsection, the department may not require the 
installation or use of an identified technologically proven alternative system unless 
the department finds that the identified alternative constitutes best practicable 
treatment under subsection 1, paragraph D.' 
Amend the bill in section 6 in subsection 2 in the 5th line (page 5, line 27 in L.D.) by 
inserting after the following: 
"tide." the following: 'If a marina serves vessels year-
round, the provisions of this subsection apply to the marina year-round.' 
SUMMARY 
The amendment amends the definition of "annual income" for purposes of 
determining eligibility for grants to pay a portion of the cost of an alternative to an 
overboard discharge system. It amends the definition of "significant action." It allows 
commercial establishments to request an extension of time to install an alternative to an 
overboard discharge when transferring ownership and requires the Department of 
Environmental Protection to approve or deny the extension request within 10 business 
days. It provides that the law does not require a municipality to withhold a local permit 
or approval associated with a significant action. 
It prohibits the Department of 
Environmental Protection from requiring an identified alternative to an overboard 
discharge to be installed earlier than July 2, 2012 if a residential or commercial 
establishment has an overboard discharge that is not eligible for a grant and has a license 
that expires on or before July 2, 2010 and prior to July 2,2012. It prohibits the 
Department of Environmental Protection from requiring an identified alternative to an 
overboard discharge to be installed unless the alternative constitutes best practicable 
treatment. It requires marinas that serve vessels year-round to provide pump-out services 
year-round. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/16/10 frac 
LD 1573 
LR 2264(02) 
An Act To Improve Water Quality through the Phaseout of Overboard Discharges and the 
Improvement of the Boat Pump-out Laws 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "ff: 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Future biennium cost increase - General Fund 
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This bill requires the Department of Environmental Protection (DEP) to pay, subject to the availability of funds, a"\ 
portion of the cost of converting overboard discharge systems to waste-reducing alternative systems if certain criteria 
,.) 
are met. The DEP estimates that if 40% of the existing 1350 OBDs have alternative systems at an average cost of 
$25,000 each and the state share is 65%, the total cost of these grants would be approximately $8,775,000. Typically, 
state participation in costs of this nature have been paid from bond proceeds. Currently, available bond proceeds are 
limited and no provision is made in this bill for a new bond issue. As a result, additional legislation will be required to 
create a bond issue or provide a General Fund appropriation to fund these costs. In separate legislation LD 1816 
proposes $500,000 in bonds for overboard discharge. 
Any additional costs to the DEP associated with authorizations, issuance of written decisions or making findings of 
fact can be absorbed within existing budgeted resources. 
LR2264(02) - Fiscal Note - Page I of I 
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