An Act To Establish the Department of Agriculture, Conservation and Forestry
Maine Legislature, Session 125, LD 1830
Committee Amendment CA_B_H877 (House)

COMMITTEE AMENDMENT "]3,, to H.P. 1350, L.D. 1830, Bill, "An Act To 
Establish the Department of Agriculture, Conservation and Forestry" 
Amend the bill by striking out all of the emergency preamble (page 1, lines 1 to 10 in 
L.D.) 
Amend the bill in Part A in section 1 by striking out all of §202 (page 2, lines 6 to 15 
in L.D.) 
Amend the bill in Part A in section 1 in §203 in subsection 2 in the 2nd line (page 2, 
line 24 in L.D.) by striking out the following: "operations and administration of the 
department" and inserting the following: 'conservation and protection of public resources' 
Amend the bill in Part A in section 1 in subchapter 2 to renumber the sections to read 
consecutively. 
Amend the bill in Part A by inserting after section 1 the following: 
'Sec. A-2. Contingent effective date. That section of this Part that enacts the 
Maine Revised Statutes, Title 12-A takes effect October 1, 2013 only if the bill submitted 
to the 126th Legislature pursuant to Part B, section 5 implementing the consolidation of 
the Department of Agriculture, Food and Rural Resources and the Department of 
Conservation has been enacted into law by that date.' 
Amend the bill by striking out all of Parts B, C, D and E and inserting the following: 
'PARTB 
Sec. B-1. Development of plan. The Commissioner of Agriculture, Food and 
Rural Resources and the Commissioner of Conservation shall develop a plan to 
implement the consolidation of the Department of Agriculture, Food and Rural Resources 
and the Department of Conservation into the Department of Agriculture, Conservation 
and Forestry. In developing the plan, the commissioners shall address issues including 
administrative structure and functions and program and service delivery functions of the 
proposed consolidated department. The commissioners shall discuss the following topics 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMEmj .. to H.P. 1350. L.D. 1830 
and bring recommendations on each topic to the Joint Standing Committee on 
Agriculture, Conservation and Forestry during interim meetings authorized under section 
2. 
1. 
Placement of the Bureau of Parks and Lands as a division within the 
Department of Agriculture, Conservation and Forestry. The commissioners shall 
examine the functions of the Department of Conservation, Bureau of Parks and Lands and 
determine if any functions are more appropriately aligned within another state agency. 
2. Law enforcement responsibilities of forest rangers. The commissioners shall 
examine the historical role of forest rangers within the forest protection division within 
the Department of Conservation, Maine Forest Service and how the duties of forest 
rangers might be expanded to meet the more comprehensive enforcement needs of the 
new department. 
The commissioners shall consider the possibility of forest rangers 
investigating and enforcing animal welfare laws under the Maine Revised Statutes, Title 
7, Part 9. 
3. 
Recommendations of the natural resources agency task force convened 
pursuant to Public Law 2007, chapter 539, Part VY. The commissioners shall review 
the 8 specific recommendations for improving services in the State's natural resources 
sector that were included in the report of the task force convened pursuant to Public Law 
2007, chapter 539, Part YY dated 2008 and submitted to the Governor with a transmittal 
letter dated January 8, 2009. The commissioners shall determine what actions have been 
taken to implement these recommendations and provide the Joint Standing Committee on 
Agriculture, Conservation and Forestry with a description of how these recommendations 
have been implemented or will be addressed with the merger of the 2 departments. 
4. Rulemaking. The commissioners shall identify existing rule-making authority in 
statute for each of the proposed divisions and the need for additional rule-making 
authority under the new structure. The commissioners shall seek the Joint Standing 
Committee on Agriculture, Conservation and Forestry's input in designating rules as 
major substantive or routine technical under Title 5, chapter 375, subchapter 2-A prior to 
SUbmitting legislation under section 5. 
Sec. B-2. Interim meetings authorized. The Joint Standing Committee on 
Agriculture, Conservation and Forestry is authorized to meet during the 2012 legislative 
interim to hear reports regarding the development of the plan required pursuant to section 
1. At these meetings, the Commissioner of Agriculture, Food and Rural Resources and 
the Commissioner of Conservation shall brief the committee on issues including 
administrative structure and functions and program and service delivery functions of the 
proposed consolidated department. The committee shall provide opportunities for 
stakeholders to communicate with the commissioners regarding the consolidation. The 
committee shall work with the commissioners to develop a mission statement and guiding 
principles for the Department of Agriculture, Conservation and Forestry. 
Sec. B-3. Budget. The Department of Administrative and Financial Services, 
Bureau of the Budget shall work with the Commissioner of Agriculture, Food and Rural 
Resources and the Commissioner of Conservation with regard to the duties transferred to 
the Department of Agriculture, Conservation and Forestry as set forth in this Act to 
develop the budget for the Department of Agriculture, Conservation and Forestry in 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENTj .. to H.P. 1350, L.D. 1830 
conjunction with the Natural Resources Service Center of the Department of 
Administrative and Financial Services. 
Sec. B-4. Federal approval. If the Commissioner of Agriculture, Food and Rural 
Resources or the Commissioner of Conservation determines that federal approval will not 
be obtained for any part of this Act that requires federal approval, the commissioners 
shall notify the joint standing committee of the Legislature having jurisdiction over 
agriculture, conservation and forestry matters, the joint standing committee of the 
Legislature having jurisdiction over appropriations and financial affairs and the Executive 
Director of the Legislative Council. 
Sec. B-S. 
Legislation. The Commissioner of Agriculture, Food and Rural 
Resources and the Commissioner of Conservation shall review those parts of the Maine 
Revised Statutes governing agriculture, food safety, weights and measures, forestry and 
conservation issues, including, but not limited to, Titles 7, 8, 10, 12, 12-A and 22. Based 
upon their review, the commissioners shall develop and submit by November 15,2012 a 
bill for introduction to the First Regular Session of the 126th Legislature to consolidate 
existing law appropriate for inclusion into Title 12-A and to correct any errors and 
inconsistencies in the law that result from this Act.' 
Amend the bill by striking out all of the emergency clause. 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on 
Agriculture, Conservation and Forestry. It authorizes the merger of the Department of 
Agriculture, Food and Rural Resources and the Department of Conservation into the 
Department of Agriculture, Conservation and Forestry with an effective date of October 
1, 2013 contingent upon the enactment of legislation implementing consolidation of the 
departments. 
It removes the mission statement and guiding principles for the new 
department from the bill. It removes Parts C, D and E from the bill and revises the 
directives in Part B. 
It expands oversight by the Joint Standing Committee on Agriculture, Conservation 
and Forestry during the development of recommendations and legislation to effect the 
merger. 
It directs the Commissioner of Conservation and the Commissioner of 
Agriculture, Food and Rural Resources to examine topics related to the merger and report 
to the Joint Standing Committee on Agriculture, Conservation and Forestry with 
recommendations and legislation. It directs the Joint Standing Committee on Agriculture, 
Conservation and Forestry to work with the commissioners in developing a mission 
statement and guiding principles for the Department of Agriculture, Conservation and 
Forestry. 
FISCAL :\on: HEQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/30112 
~ac. 
LD 1830 
LR 2736(03) 
An Act To Establish the Department of Agriculture, Conservation and Forestry 
Fiscal Note for Bill as Amended by Committee Amendment .f3;, C H ~ cgry 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
Contingent future biennium savings - General Fund 
Legislative Cost/Study 
The general operating expenses of this study are projected to be $6,500 in fiscal year 2012-l3 based on an assumptic 
of 4 interim meetings for the Joint Standing Committee on Agriculture, Conservation and Forestry. Each interim 
meeting of the committee would cost approximately $1,625. The Legislature's proposed budget includes $10,000 in 
fiscal year 2012-l3 for legislative studies. Whether this amount is sufficient to fund all studies will depend on the 
number of studies authorized by the Legislative Council and the Legislature. 
Fiscal Detail and Notes 
This legislation proposes to establish the Department of Agriculture, Conservation and Forestry contingent upon 
completion of various activities outlined in the legislation, including submission of proposed changes to legislation to 
the I 26th Legislature to consolidate existing law. If this contingency is met, General Fund savings would be realized 
in fiscal year 2013-14 from the elimination of one Commissioner of Conservation position. 
LR2736(03) - Fiscal Note - Page 1 of 1