An Act Regarding the Maximum Fee for Processing an Environmental License Application
Maine Legislature, Session 124, LD 1134
Committee: Natural Resources
Amends: 38 MRSA §352

Legislative Document 
No. 1134 " 
H.P.778 
House of Representatives, March 23,2009 
An Act Regarding the Maximum Fee for Processing an 
Environmental License Application 
(EMERGENCY) 
Reported by Representative DUCHESNE of Hildson for the Joint Standing COInmittee on 
Natural Resources pursuant to Public Law 2007, chapter 655, section 20. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Prilll~d on r~cy..:iI:d pafll:r 
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frI· mlLC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. \Yhereas, acts and resolves of t!le Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, current law specifying a cap on special' fees associated with an application 
before the Depal1ment of EnvirorimentaI Protection provides for a sigilificantly n~duced 
niaximum fee as of September 1, 2009; and 
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Whereas, the reduced special' fees are not adequate to allow for appropriate 
processing of applications that because of their size, uniqueness, complexity or other 
relevant factors are likely to have significantly higher costs; and 
Whereas, it is ther'efore necessary to promptly adjust these fees; and 
Whereas, in the judgment of the Legislature; these facts create an emergency within 
the meaning of the Constit~ltion of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
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therefore, . 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §352, sub-§3, as amended by PL 2007, c. 661, Pt. B, §9,is 
further amended to read: 
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3. Maximum fee. The commissioner shall set the actual fees and shalL publish a 
schedule of all fees by November 1 st of each year. If the commissioner determines thata 
. particular application, by virtue of its size, uniqueness, complexity or other relevant 
factors, is likely to require significantIymore costs than those listed on Table I, the' 
commissioner may designate that application as subject to special fees. Through August 
~ 31, 2009, a special fee may not exceed $250,000. Beginning September 1, 2009, a,special 
fee rna)' not exceed $75,000. Such a designation must be made at, or prior to, the time 
the application is accepted as complete and may not be based solely on the likelihood of 
extensive public controversy. The maximum fee for processing an application may not 
exceed $250,000. 
All department staff who hilVe woikedon the review of the 
application, including, but not limited' to, preapplication consultations,' shall submit 
quarterly reports: to the commissioner detailing the time spent on the application and all 
expenses attributable to the application,. including the costs of any appeals filed by the 
applicant and, after taking into consideration the interest of fairness and equity, any other 
appeals if the commissioner finds it in the public interest to do so. The costs associated 
with assistance to the board on. an appeal before the board may be separately charged. 
The processing fee for that application must be the actual cost to the department. The 
applicant must be billed quarterly and all fees paid prior to receipt of the permit. Nothing 
in this section limits the commissioner!s authority to enter into an agreement with an 
applicant for payment of costs in excess of the maximum special fee established in this 
subsection. 
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Emergency clause. 
In 'view of the emergency cited in the preamble, this 
legislation takes effect September 1,2009. 
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SUMMARY 
This bill' implements the recommendations of the Department of Environmental 
Protection in its repol1 to the Legislature pursuant to Public Law 2007, chapter 655. The 
bill provides that. fees associated with an application processed' by the Department of 
Environmental Protection may not exceed $250,000.