An Act Relating to Clean Water Certification by the Department of Environmental Protection
Maine Legislature, Session 126, LD 0336
Committee Amendment CA_A_H208 (House)
Amends: 38 MRSA §640

COMMITTEE AMENDMENT "Pc" to H.P. 241, L.D. 336, Bill, "An Act Relating 
to Clean Water Certification by the Department of Environmental Protection" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §640, sub-§5 is enacted to read: 
5. Water quality certifications; substantial revisions. The following provisions 
apply to public participation in the department's review and approval of applications for 
water quality certifications pursuant to the Federal Water Pollution Control Act, 33 
United States Code, Section 1341 for all existing hydropower projects located in the State 
currently licensed under the Federal Power Act and for all proposed hydropower projects 
requiring a license to operate under the Federal Power Act. 
A. The department shall notify the public, municipalities, interested persons and 
applicable state agencies whenever the department accepts an application for a water 
quality certification, receives a substantial revision to an application or makes a 
substantial revision to a draft decision of the department. 
(1) The department shall publish the notice at least 2 times in a newspaper that 
has a general circulation in the municipalities adjacent to a water body potentially 
affected by the hydropower project that is the subject of the water quality 
certification. The date of the first notice must be on the earliest date practicable. 
(2) The department shall send the notice by regular mail to each municipality 
adjacent to a water body potentially affected by the hydropower project that is the 
subject of the water quality certification. 
(3) The department shall send the notice by regular mail to each person that 
contacts the department with an interest in the matter. 
(4) 
The department shall notify in writing all state agencies that reVIew, 
comment on and consult in the water quality certification process. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 241, L.D. 336 
B. If requested, the department shall hold a public meeting on an application for a 
water quality certification, a substantial revision to an application or a substantial 
revision to a draft decision of the department. 
The department shall adopt major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A to define "substantial revision" as used in this subsection. 
Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Land and Water Quality 0248 
Initiative: Provides an annual General Fund appropriation to the Department of 
Environmental Protection for notifying the public, municipalities, interested persons and 
applicable state agencies whenever a water certification application is received by the 
department and for holding a public meeting, if one is requested. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2013-14 
$3,000 
$3,000 
2014-15 
$3,000 
$3,000 
This amendment, which is the minority report of the committee, replaces the bill. 
The amendment requires the Department of Environmental Protection to notify the 
public, municipalities, interested persons and applicable state agencies whenever the 
department accepts an application for a water quality certification for an existing or 
proposed hydropower project under the licensing jurisdiction of the Federal Energy 
Regulatory Commission, receives a substantial revision to an application or makes a 
substantial revision to a draft decision of the department. The amendment requires the 
department to hold a public meeting if one is requested and it directs the department to 
adopt major substantive rules to define "substantial revision." 
It also adds an 
appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/09/13 
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LD336 
LR232(02) 
An Act Relating to Clean Water Certification by the Department of Environmental Protection 
Fiscal Note for Bill as Amended by Committee Amendment /1' ( If ~ ~D r; \ 
Committee: Environment and Natural Resources 
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Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
$3,000 
$3,000 
$3,000 
$3,000 
Projections 
FY 2015-16 
$3,000 
$3,000 
Projections 
FY 2016-17 
$3,000 
$3,000 
The bill includes an annual General Fund appropriation of$3,000 to the Department of Environmental Protection to 
notify the public, municipalities, interested persons and applicable state agencies whenever a water certification 
application is received and, if requested, to hold public meetings. 
LR0232(02) - Fiscal Note - Page 1 of 1