An Act To Reduce Unnecessary Reporting Requirements for the Department of Environmental Protection
Maine Legislature, Session 125, LD 1015
Committee Amendment CA_A_H199 (House)
Amends: 38 MRSA §470-C, 38 MRSA §470-D

COMMITTEE AMENDMENT "A" to H.P. 751, L.D. lOIS, Bill, "An Act To 
Reduce Unnecessary Reporting Requirements for the Department of Environmental 
Protection" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Reduce Unnecessary Reporting Requirements Related to Natural 
Resources' 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. 38 MRS A §470-C, sub-§§8 and 9, as enacted by PL 2001, c. 619, §1, 
are amended to read: 
8. 
In-stream storage ponds. 
A water withdrawal from an artificial pond 
constructed in a stream channel provided that it is subject to a minimum-flow release 
requirement in an existing permit,-and if the water user files a notice of intent to be 
covered by this exemption on a form to be provided by the department; aH:d 
9. Duplication of reporting. A water withdrawal that is reported to any other state 
agency under any program requiring substantially similar data provided that if the other 
agency has entered into a memorandum of agreement with the department for the 
collection and sharing ofthat data~; and 
Sec. 6. 38 MRSA §470-C, sub-§10 is enacted to read: 
10. 
Agricultural producers. An agricultural producer that is subject to rules 
adopted under section 470-H and the provisions of Title 7, section 353. 
Sec. 7. 
MRSA §470-D, 2nd ~, as enacted by PL 2001, c. 619, §1 and 
amended by PL 2003, c. 689, Pt. B, §§6 and 7, is further amended to read: 
Water withdrawal reports must be submitted to either the Commissioner of 
Environmental Protection, the Commissioner of Conservation, or the Commissioner of 
Health and Human Services or the Commissioner of Agriculture, Food and Rural 
Resources in a form or manner prescribed by that commissioner. No later than January 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 751, L.D. 1015 
1, 2003, those commissioners shall jointly publish a list indicating which classes of users 
are to report to which department. The form and manner of reporting must be determined 
by each commissioner, prol,rided except that the required information to must be collected 
from each user above the threshold and in a manner that allows that data to be combined 
with data collected by the other commissioners. The reports must include information on 
actual and anticipated water use, the identification of the water source, the location of the 
withdrawal including the distance of each groundwater withdrawal from the nearest 
surface water source, the volume of the withdrawals that might be reasonably anticipated 
under maximum high-demand conditions and the number of days those withdrawals may 
occur each month and the location and volume of each point of discharge. The reporting 
may allow volumes to be reported in ranges established by the commissioners and 
reported volumes may be calculated estimates of volumes. The board, the Department of 
Agricl:Iiture, Food aFld Rmai Resources, the Department of Conservation and the 
Department of Health and Human Services may adopt routine technical rules as defined 
in Title 5, chapter 375, subchapter H-A 2-A as necessary to implement the reporting 
provisions of this article.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment exempts agricultural producers from the water withdrawal reporting 
program and removes the Commissioner of Agriculture, Food and Rural Resources from 
the list of commissioners to whom a water withdrawal report may be submitted. 
FISCAL -,"OTE R£(jLlRED 
(See~ltta.c~~~)_ 
COMMITTEE AMENDMENT 
Approved: 05/05111 frac 
LD 1015 
LR 829(02) 
An Act To Reduce Unnecessary Reporting Requirements for the Department of Environmental 
Protection 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - Other Special Revenue Funds 
Removing existing requirements in law that the Department of Environmental Protection (DEP) conduct an annual 
review of the permit by rule system, hold hearings and report on progress towards meeting instream color pollution 
standards, report on the effects of license fee increases, the impact of local shoreland zoning ordinances and the levels 
of methyl tertiary butyl ether in gasoline and evaluate whether California low-emission vehicle standards should be 
enforced may result in minor savings to the DEP. 
LR0829(02) - Fiscal Note - Page 1 of 1