An Act To Provide for Legislative Review of Recently Proposed Revisions to Cel1ain Rules Adopted II Pursuant to the Site Location of Development Laws
Maine Legislature, Session 124, LD 1787
Committee Amendment CA_A_S403 (Senate)
Amends: 38 MRSA §420-D

COMMITTEE AMENDMENT" A" to S.P. 698, L.D. 1787, Bill, "An Act To 
Provide for Legislative Review of Recently Proposed Revisions to Cel1ain Rules Adopted 
II 
Pursuant to the Site Location of Development Laws" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide for Legislative Review of Recently Proposed Revisions to 
Certain Rules Adopted Pursuant to the Site Location of Development Laws and the 
Storm Water Management Laws' 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, rulemaking relating to the site location of development laws and the storm 
water management laws is currently in progress and could be complete before this 
legislation goes into effect unless this legislation is enacted as an emergency; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by insel1ing after the enacting clause and before section I the 
following: 
'Sec. 1. 38 MRSA §420-D, sub-§9, as amended by PL 2005, c. 602, §4, is further 
amended to read: 
9. Rules. Rules adopted pursuant to this section after January I, 20 I 0 and before 
Janual'Y I, 2012 are major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. Any rules adopted by the department pursuant to this section on or after January I, 
2012 are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A, except 
that those rules that quality as state mandates pursuant to the Constitution of Maine, 
Page I - 124LR2S83(02)-1 
COMMITTEE AMENDMENT 
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COMMITrEE AMENDMENT ,A "to S.P. 698. L.D. 1787 
Article IX, Section 21 are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A.' 
Amend the bill in section 2 in §489-E in the first paragraph in the first and 2nd lines 
(page 2, lines 10 and 11 in L.D.) by striking out the following: "regarding storm water 
management pursuant to section 484, subsection 4-A and" and inserting the following: 
'adopted pursuant to' 
Amend the bill by adding before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds an emergency preamble and emergency clause to the bill. The 
amendment requires that rules adopted by the Depaliment of Environmental Protection 
regarding storm water management after January I, 20 10 and before January I, 2012 are 
major substantive rules. Rules adopted after January 1,2012 are routine technical rules. 
FISCAL ;\OTE RE(JU RED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/05/1 0 ,Mac 
LD 1787 
LR 2583(02) 
An Act 1:0 Provide for Legislative Review of Recently Proposed Revisions to Certain Rules Adopted 
Pursuant to the Site Location of Development Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
' ..... --~ ... 
This bill makes rules adopted by the Department of Environmental Protec.tion (DEP) pursuant to site location of 
development laws and the storm water management laws after January 1, 2010 and before January 1, 2012 major 
substantive rules. Any such rules adopted after January 1, 2012 shall be routine technical rules, except for rules thai 
qualify as state mandates. Any additional costs to DEP can be absorbed within existing budgeted resources .. 
LR2583(02) - Fiscal Note - Page I of I