An Act To Protect Maine Lakes
Maine Legislature, Session 126, LD 1744
Committee Amendment CA_A_H781 (House)
Amends: 38 MRSA §410-L, 38 MRSA §410-M, 38 MRSA §418-B, 38 MRSA §464

COMMITTEE AMENDMENT "A" to H.P. 1250, L.D. 1744, Bill, "An Act To 
Protect Maine Lakes" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Maine's lakes are a critical and essential component of Maine's natural 
environment, wildlife and human life; and 
Whereas, Maine's lakes generate in excess of $3,400,000,000 in revenue each year, 
provide employment for 52,000 people and underpin our increasingly important tourism 
economy; and 
Whereas, water quality in Maine's lakes, considered to have some of the highest 
water quality in the nation, has declined by as much as 20% since 1995 due to the 
introduction of phosphorus and other pollutants carried by eroded soils and storm water 
runoff from camp roads, driveways and lawns and from failing septic systems; and 
Whereas, in many communities waterfront properties generate 60% to 70% of the 
tax base and any decline in water quality will cause property values to drop by 15% to 
20% and will shift the tax burden to nonwaterfront homeowners; and 
Whereas, scientific studies demonstrate that programs such as the LakeSmart 
program, which is a voluntary education and reward program for lakefront property 
owners who maintain their property in ways that protect lake water quality and property 
values, that keep phosphorus and other pollutants out of lakes are among the most cost-
effective ways to protect lakes; and 
Whereas, scientific analysis of the data gathered through the efforts of volunteers 
throughout the State who participate in the Maine Volunteer Lake Monitoring Program is 
critical to the understanding of the current water quality of our lakes; and 
COMMITTEE AMENDMENT 
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v..O~S 
COMMITTEE AMENDMENT "A" to H.P. 1250, L.D. 1744 
Whereas, the high-quality environmental training programs developed and offered 
by the Maine Joint Environmental Training Coordinating Committee are critical to 
ensuring that the best practices and techniques for water pollution control and water 
quality protection are implemented by environmental professionals throughout the State; 
and 
Whereas, this legislation must take effect before the expiration of the 90-day period 
in order to provide funding in fiscal year 2013-14 for the LakeSmart program, the Maine 
Joint Environmental Training Coordinating Committee and the management and analysis 
of data collected by the Maine Volunteer Lake Monitoring Program; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §410-L, first~, as enacted by PL 1997, c. 643, Pt. YY, §1, is 
amended to read: 
The Lakes Assessment and Protection Program is established within the department 
to monitor and protect the health and integrity of the State's lakes through activities 
identified in section 41 O-M. 
Sec. 2. 38 MRSA §410-M, as amended by PL 2011, c. 655, Pt. EE, §22 and 
affected by §30, is repealed and the following enacted in its place: 
§410-M. Lakes assessment and protection 
In implementing the Lakes Assessment and Protection Program, the commissioner 
shall ensure that the department: 
1. Education. Develops: 
A. Educational materials that inform the public about the health and functions of 
lakes in the State; the value of lakes to the residents, communities and economy of 
the State and wildlife in the State; the sources of risk posed to the health and integrity 
of lakes; and actions that individuals can take to help preserve the health and water 
quality of lakes. 
The department shall make the educational materials readily 
available on its publicly accessible website and through other outreach resources; and 
B. Educational materials designed for classroom instruction relating to the health and 
integrity of lakes in the State. To the extent possible, the department shall serve as a 
resource to schools and teachers. 
The department shall make the educational 
materials readily available to schools; 
2. 
Monitoring lakes and conducting research. 
Monitors lakes and conducts 
research relating to the ecology and health of lakes, the vulnerability of and risks to lakes, 
the relationship between lake water quality and development, the design and effectiveness 
of best management practices and the effectiveness of efforts to protect lakes. 
The 
department shall integrate the use of water quality monitors, academic institutions and 
other lake monitoring resources in monitoring pursuant to this subsection. 
The 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1250, L.D. 1744 
department shall make data collected pursuant to this subsection and the department's 
analysis of the data regularly available on its publicly accessible website and through 
other outreach resources. The department shall include the data and analysis in the report 
submitted to the Legislature pursuant to section 464, subsection 3, paragraph A; 
3. Compliance monitoring and enforcement. Promotes and monitors compliance 
with and enforcement of the natural resources protection laws, the mandatory shoreland 
zoning laws, the storm water management laws, the erosion and sedimentation control 
laws and other state and local laws providing standards for the protection of lakes; 
4. Water quality and habitat protection, restoration and maintenance. Directs 
and assists with activities that protect, restore and maintain lake water quality and the 
quality of habitat in lakes and on land surrounding lakes that affect the health and 
integrity of lakes. The department shall develop partnerships pursuant to subsection 5 to 
assist with these activities; and 
S. 
Partnerships. 
Develops partnerships with lake associations, municipalities, 
businesses, academic institutions, water quality monitors and other interested individuals 
to increase public understanding about risks posed to the health and integrity of lakes and 
actions that can be taken to reduce those risks and sustain lake water quality, including 
informing lakeshore property owners of the value of using best management practices for 
the application of turf pesticides and fertilizers and for reducing nutrient runoff. To the 
extent possible, the department shall provide technical and financial assistance to partners 
pursuant to this subsection. A partnership developed pursuant to this subsection may 
assist the department in water quality and habitat protection, restoration and maintenance 
activities pursuant to subsection 4. 
Sec. 3. 38 MRSA §418-B is enacted to read: 
§418-B. Prohibition on application of fertilizers near great ponds 
1. Prohibition. Notwithstanding any other provision of law, a person may not apply 
a fertilizer within 50 feet of the normal high-water line of a great pond. As used in this 
section, "fertilizer" has the same meaning as in section 419, subsection 1, paragraph A-3. 
2. Exceptions. Subsection I does not apply to: 
A. A fertilizer application for the purpose of agriculture. Nothing in this paragraph 
relieves a person applying a fertilizer for the purpose of agriculture from the 
obligation to comply with all applicable requirements for a nutrient management plan 
in accordance with Title 7, chapter 747. As used in this section "agriculture" has the 
same meaning as in section 436-A, subsection I-B; or 
B. A fertilizer application for the purpose of establishing or restoring vegetation to 
stop, slow or remediate shoreline erosion or damage pursuant to a recommendation 
from a soil sample test conducted by the University of Maine Cooperative Extension 
Service or other individual determined by the department to be qualified to conduct 
an appropriate soil sample test and make such a recommendation. The department 
may adopt rules setting forth the necessary criteria for an individual to be qualified 
under this paragraph. Rules adopted pursuant to this paragraph are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "P" to H.P. 1250, L.D. 1744 
Sec. 4. 38 MRSA §464, sub-§3, ~A, as affected by PL 1989, c. 890, Pt. A, §40 
and amended by Pt. B, §55, is further amended to read: 
A. 
The commissioner shall submit to the first regular session of each Legislature a 
report on the quality of the State's waters wffiffi that describes existing water quality, 
identifies waters that are not attaining their classification and states what measures 
are necessary for the attainment of the standards of their classification. The report 
must include the data and analysis collected and evaluated pursuant to section 41 O-M, 
subsection 2. 
Sec. 5. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Administration - Environmental Protection 0251 
Initiative: Provides an allocation in fiscal year 2014-15 for a desktop computer, network 
access and desktop support for one half-time Environmental Specialist III position. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Administration - Environmental Protection 0251 
2013-14 
$0 
$0 
2014-15 
$675 
$675 
Initiative: Provides an appropriation in fiscal year 2014-15 for network access, a desktop 
computer, desktop support, file services and e-mail for one new half-time Environmental 
Specialist III position. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Land and Water Quality 0248 
2013-14 
$0 
$0 
2014-15 
$887 
$887 
Initiative: Provides a one-time appropriation in fiscal year 2013-14 of $40,000 for the 
purpose of supporting the Maine Lakes Society in its implementation of the LakeSmart 
program, $20,000 for the purpose of managing and analyzing the data gathered by the 
Maine Volunteer Lake Monitoring Program and $10,000 for the purpose of supporting 
the Maine Joint Environmental Training Coordinating Committee in its development and 
implementation of water pollution control, water quality protection and other 
environmental training programs. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "p "to H.P. 1250, L.D. 1744 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Land and Water Quality 0248 
2013-14 
$70,000 
$70,000 
2014-15 
$0 
$0 
Initiative: Provides an appropriation for one half-time Environmental Specialist III 
position and related support costs. The position will implement a publicly accessible 
website with data on lake health, monitor lakes, conduct research on lake ecology and 
develop partnerships with certain entities to increase public awareness about risks to lake 
health and solutions to sustain water quality. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Land and Water Quality 0248 
2013-14 
0.000 
$0 
$0 
$0 
2014-15 
0.500 
$36,337 
$1,695 
$38,032 
Initiative: Provides a one-time General Fund appropriation of $7,500 for rulemaking 
related to the new fertilizer ban within 50 feet of the normal high-water line of a great 
pond. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL - ALL FUNDS 
2013-14 
$0 
$0 
2013-14 
$70,000 
$0 
$70,000 
2014-15 
$7,500 
$7,500 
2014-15 
$46,419 
$675 
$47,094 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'R" to H.P. 1250, L.D. 1744 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Environment and Natural Resources, replaces the bill and adds an emergency preamble 
and an emergency clause. It amends the laws governing the Lakes Assessment and 
Protection Program. It creates a prohibition on the application of fertilizers within 50 feet 
of the normal high-water line of a great pond, with exceptions for persons involved in 
agriculture or applying fertilizer to establish or restore vegetation to stop, slow or 
remediate shoreline erosion or damage. It makes a one-time appropriation in fiscal year 
2013-14 of $70,000 to the Department of Environmental Protection to provide $40,000 to 
the Maine Lakes Society in its implementation of the LakeSmart program, $20,000 for 
the purpose of managing and analyzing the data gathered by the Maine Volunteer Lake 
Monitoring Program and $10,000 to the Maine Joint Environmental Training 
Coordinating Committee in its development and implementation of water pollution 
control, water quality protection and other environmental training programs. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
, 
Revised: 03128114 MaC"-
LD 1744 
LR 2438(02) 
An Act To Protect Maine Lakes 
Fiscal Note for Bill as Amended by Committee Amendment '11' { H -780 
Committee: Environment and Natural Resources 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
$70,000 
$70,000 
$0 
FY 2014-15 
$46,419 
$46,419 
$675 
Projections 
FY 2015-16 
$39,646 
$39,646 
$675 
Projections 
FY 2016-17 
$40,387 
$40,387 
$675 
The Department of Environmental Protection has requested funding for one half-time Environmental Specialist III 
position to do data management, educational materials, data collection and editing and to work on creating 
partnerships with certain entities. The bill includes a General Fund appropriation in fiscal year 2014-15 of $46,419 for 
one half-time Environmental Specialist III position, plus support costs, as well as rulemaking related to a fertilizer ban 
within 50 feet of the normal high water line of a great pond. The bill includes an allocation in fiscal year 2014-15 of 
$675 for administrative costs associated with the position. This bill also provides a one-time General Fund 
appropriation in fiscal year 2013-14 of $70,000 to support the Maine Lakes Society in implementing the LakeSmart 
program, analyzing data gathered by the Maine Volunteer Lake Monitoring Program and supporting the Maine Joint 
Environmental Training Coordinating Committee in its development of environmental training programs. 
LR2438(02) - Fiscal Note - Page I of 1