An Act To Change the Classification of Certain Waters ofthe State
Maine Legislature, Session 124, LD 0330
Committee Amendment CA_A_H70 (House)
Amends: 38 MRSA §468

COMMITTEE AMENDMENT "A " to H.P. 266, L.D. 330, Bill, "An Act To 
Change the Classification of Certain Waters ofthe State" 
Amend the bill by striking out all of section 1 (page 1, lines 2 to 9 in L.D.) 
Amend the bill in section 4 in paragraph A in subparagraph (1 O-A) (page 2, lines 30 
to 31 in L.D.) by inserting after the first paragraph the following: 
'(a) Waters impounded by the Hydro-Kennebec Dam and the Lockwood Dam 
in Waterville-Winslow - Class C.' 
Amend the bill by striking out all of section 11 (page 6, lines 18 to 32 in L.D.) 
Amend the bill by inserting after section 18 the following: 
'Sec. 19. 38 MRSA §468, sub-§l, ~J is enacted to read: 
1. Westbrook. 
(1) Long Creek, main stem - Class C.' 
Amend the bill in section 24 in the 4th line (page 9, line 33 in L.D.) by striking out 
the following: "to make to" and inserting the following: 'to make' 
Amend the bill by inserting after section 24 the following: 
'Sec. 25. 
Lower Androscoggin River water. quality sampling; report; 
legislation. The Department of Environmental Protection, with the assistance of and in 
consultation with volunteer river monitors, shall establish and implement a water quality 
sampling program for the lower Androscoggin River from Gulf Island Dam to the line 
formed by the extension of the Bath-Brunswick boundary across Merrymeeting Bay in a 
northwesterly direction. 
1. 
Timing. 
The water quality sampling program must occur during the 2009 
sampling season. 
2. Purpose. The purpose of the water quality sampling program implemented under 
this section is to allow additional water quality data to be collected to detennine if the 
Page I - 124LROS22(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"/}" to H.P, 266, L.D, 330 
section of the Androscoggin River from Worumbo Dam in Lisbon Falls to the line 
formed by the extension of the Bath-Brunswick boundary across Merrymeeting Bay in a 
northwesterly direction meets, or can reasonably be expected to meet, the criteria for 
reclassification from Class C to Class B. 
3. 
Reclassification proceduD"es. 
Uriless the Department of Environm~ntal 
Protection is unable to obtain the required monitoring data due to excessive rainfall or 
other unforeseen events, or unless the monitoring data indicate an upgrade is 
unwarranted, the department shall initiate the procedures for reclassification in 
accordance with the Maine Revised Statutes, Title 38, section 464, subsection 2 to 
upgrade the lower Androscoggin River from Worumbo Dam in Lisbon Falls to the line 
formed by the extension of the Bath-Brunswick boundary across Merrymeeting Bay in a 
northwesterly direction from Class C to Class B. 
4. Report. By February 15, 2010, the Department of Environmental Protection shall 
submit a report, including recommendations and any necessary implementing legislation, 
in connection with the water quality sampling program required under this section to the 
Joint Standing Committee on Natural Resources. 
5. Legislation authorized. The Joint Standing Committee on Natural Resources 
may report out legislation relating to the subject matter of this section to the Second 
Regular Session of the 124th Legislature.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report of the committee. The amendment: 
l. Strikes section 1 from the bill; 
2. Adds language to the bill that keeps certain Kennebec River impoundments at 
Class C; 
3. Strikes section 11 from the bill; 
4. Adds language making Long Creek's main stem in Westbrook Class C; 
5. Makes a typographical correction in section 24; and 
6. Directs the Department of Environmental Protection to establish and implement a 
water quality sampling program for the lower, Androscoggin River, to initiate the 
procedures for reclassification and to report to the Joint Standing Committee on Natural 
Resources. It authorizes the committee to report out legislation relating to the water 
sampling program to the Second Regular Session of the 124th Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Fiscal Detail and Notes 
Approved: 03/27/09 ;t;vae 
LD330 
LR522(02) 
An Act To Change the Classification of Certain Waters of the State 
Fiscal Note for Bill as Amended by Committee Amendment ,~L.}tI 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional administrative and enforcement costs to the Department of Environmental Protection associated with 
changing classifications can be absorbed within existing budgeted resources. 
LR0522(02) - Fiscal Note - Page 1 of 1