An Act Relating to Clean Water Certification by the Department of Environmental Protection
Maine Legislature, Session 126, LD 0336
Committee: Environment and Natural Resources
Sponsors: SHAW, PLUMMER, BRIGGS, DAVIS, ESPLING, EVANGELOS, VOLK, HASKELL, THOMAS
Amends: 38 MRSA §464

Legislative Document 
No. 336 
H.P. 241 
House of Representatives, February 12, 2013 
An Act Relating to Clean Water Certification by the Department of 
Environmental Protection 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SHAW of Standish. 
Cosponsored by Senator PLUMMER of Cumberland and 
Representatives: BRIGGS of Mexico, DAVIS of Sangerville, ESPLING of New Gloucester, 
EVANGELOS of Friendship, McCLELLAN of Raymond, VOLK of Scarborough, Senators: 
HASKELL of Cumberland, THOMAS of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §464, sub-§14 is enacted to read: 
14.  Legislative approval of water quality certification for hydropower projects.  
The department or the Maine Land Use Planning Commission, referred to in this section 
as "the commission," may not approve a water quality certification pursuant to the 
Federal Water Pollution Control Act, 33 United States Code, Section 1341 for an existing 
or a proposed hydropower project, as defined in section 632, subsection 3, unless the 
department or commission submits the proposed water quality certification to the 
Legislature in accordance with this subsection and the certification is approved by the 
Legislature. 
A.  When considering approval of a water quality certification for an existing or a 
proposed hydropower project, the department or commission shall proceed with the 
approval process to the point of, but not including, final approval.  At that point, 
known as "provisional approval," the department or commission shall submit the 
provisionally approved certification to the Legislature for review and authorization 
for final approval as provided in this subsection. 
B.  At the time the department or commission provisionally approves a water quality 
certification for an existing or a proposed hydropower project, the department or 
commission shall submit to the Executive Director of the Legislative Council 20 
copies of: 
(1)  The full text of the provisionally approved water quality certification; and 
(2)  A concise summary of the content of the water quality certification. 
C.  When the Executive Director of the Legislative Council receives the provisionally 
approved water quality certification, the executive director shall notify the Revisor of 
Statutes, who shall draft an appropriate legislative instrument to allow for legislative 
review and action upon the provisionally approved water quality certification during 
the legislative session.  The Secretary of the Senate and the Clerk of the House shall 
place the legislative instrument on the Advance Journal and Calendar for suggested 
referral to the joint standing committee of the Legislature having jurisdiction over 
environmental and natural resources matters.  After floor action on referral of the 
legislative instrument to committee is completed, the Secretary of the Senate and the 
Clerk of the House shall send copies of the provisionally approved water quality 
certification and related information to each member of the committee. 
D.  The joint standing committee of the Legislature having jurisdiction over 
environmental and natural resources matters shall review each provisionally approved 
water quality certification referred to it and, in its discretion, may hold public 
hearings on that certification.  A public hearing under this paragraph must be 
advertised in the same manner as required by legislative rules then in effect for 
advertisement of public hearings on proposed legislation.  The committee's review 
must include, but is not limited to, a determination of whether the department or 
commission exceeded the scope of its authority in provisionally approving the water 
quality certification. 
E.  After reviewing a provisionally approved water quality certification referred to it 
by the Legislature, the joint standing committee of the Legislature having jurisdiction 
over environmental and natural resources matters shall recommend: 
(1)  That the Legislature authorize the final approval of the certification; 
(2)  That the Legislature authorize the final approval of the certification with 
certain specified amendments; or 
(3)  That final approval of the certification be disapproved by the Legislature. 
Sec. 2.  Retroactivity.  Notwithstanding the Maine Revised Statutes, Title 1, 
section 302, this Act applies retroactively to August 1, 2011. 
SUMMARY 
This bill adds an additional step to the process for Department of Environmental 
Protection and Maine Land Use Planning Commission approval of water quality 
certifications for existing and proposed hydropower projects.  The bill requires the 
department or commission to submit provisionally approved water quality certifications 
to the Legislature for review and approval by the joint standing committee of the 
Legislature having jurisdiction over environmental and natural resources matters and the 
Legislature.  The review process is similar to legislative review of major substantive 
rules.  The provisions of the bill apply retroactively to August 1, 2011.