Resolve, Regarding Legislative Review of P011ions of Section 10: Stream Crossings within Chapter 305 Permit by Rule Standards, a Major Substantive Rule of the Department of Environmental Protection
Maine Legislature, Session 124, LD 1725
Committee Amendment CA_A_H677 (House)

COMMITTEE A¥ENDMENT "A "to H.P. 1224, L.D. 1725, "Resolve, Regarding 
Legislative Review of P011ions of Section 10: Stream Crossings within Chapter 305 
Permit by Rule Standards, a Major Substantive Rule of the Department of Environmental 
Protection" 
Amend the resolve in section 1 in the last line (page 1,' line 18 in L.D.) by striking out 
the following: "authorized." and insel1ing the following: 'authorized; and be it further' 
Amend the resolve by inserting after section 1 the following: 
'Sec. 2. Effective date of rule. Resolved: That, notwithstanding the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A, final adoption of p011ions of 
Section 10: Stream Crossings within Chapter 305 Pennit by Rule Standards, pursuant to 
section 1, takes effect January 1,2012; and be it fUl1her 
Sec. 3. 
Department review and report; authority for legislation. 
Resolved: That the'DepaJ1ment of Environmental Protection, with the Department of 
Transportation, the DepaJ1ment of Inland Fisheries and Wildlife and the Department 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 
opp011unities to evaluate crossings subject to the requirements of the rule that is the 
subject of this resolve. The meetings must be held in locations around the State sufficient 
to provide for widespread pal1icipation by municipal officials and must provide 
opp011unities for field work for the depal1ments and municipal officials to examine 
specific crossing examples. 
By January 5, 2011, the Department of Environmental 
Protection and the Depal1ment of Transp011ation shall rep011 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 including an assessment of the cost of compliance with the rule., Following its 
review of the report, the committee may submit a bill to the First Regular Session of the 
125th Legislature regarding suggested revisions to Section 10: Stream Crossings within 
Chapter 305 Permit by Rule Standards.' 
Page I - 124LR2S40(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 1224, L.D. 1725 
SUMMARY 
This amendment is the majority report of the committee. The amendment authorizes 
portions of Section 10: Stream Crossings within Chapter 305 Permit by Rule Standards 
but delays the effective date of the rule to January 1, 2012. 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 crossings subject to the requirements of the 
nile. 
The amendment directs the Department of Environmental Protection and the 
Department of TranspOltation to report to the joint standing committee of the Legislature 
having jurisdiction over natural resources matters on the olltreach and field work 
activities undertaken by the departments and on the impact of the rule not later than 
January 5, 2011. It also authorizes the committee to submit a bill to the First Regular. 
Session of the 125th Legislature regarding suggested revisions to the rule. 
FISCAL :\OTE HEQulRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 02/2511 0 frac 
LD 1725 
LR 2540(02) 
Resolve, Regarding Legislative Review of Portions of Section 10: Stream Crossings within Cbapter 305 
Permit by Rule Standards, a Major Substantive Rule of tbe Department of Environmental Protection 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
CUlTent biennium cost ill crease - Other Special Revenue Funds 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
2009-10 
2010-11 
Projections 
2011-12 
Projections 
2012-13 
Revenue 
Other Special Revenue Funds 
$0 
$0 
$3,250 
$3,250 
Fiscal Detail and Notes 
Requiring stream crossing maintenance activities to proceed under a pe1l11it-by-rule process will result in 50 estimated 
applications per year commencing in fiscal year 2011-12, with an anticipated $3,250 in additional annual revenue (50 
applications at $65 each). Additional costs to the Departments of Environmental Protection, Transportation, Inland 
Fisheries and Wildlife and Marine Resources associated with conducting meetings with municipal public works " 
officials to provide training information and opportunities can be absorbed within existing budgeted resources. 
LR2540(02) - "Fiscal Note - Page I of I