An Act To Protect Public Health by Regulating Excessive Wood Smoke as a Nuisance
Maine Legislature, Session 126, LD 1215
Committee Amendment CA_A_H284 (House)

COMMITTEE AMENDMENT "~,, to H.P. 860, L.D. 1215, Bill, "An Act To 
Protect Public Health by Regulating Excessive Wood Smoke as a Nuisance" 
Amend the bill in section I in § 1562-A in the headnote (page 1, line 3 in L.D.) by 
striking out the following: "outdoor" and inserting the following: '!,' 
Amend the bill in section 1 in § 1562-A in subsection 1 by striking out all of 
paragraphs A to C (page 1, lines 6 to 13 in L.D.) and inserting the following: 
'A. "Nuisance" means the emission of air contaminants to the outdoor atmosphere of 
a quantity, characteristic or duration that may be injurious to human, plant or animal 
life or to property or that unreasonably interferes with the comfortable enjoyment of 
life or property. 
B. 
"Opacity" means the degree to which emissions other than water reduce the 
transmission of light and obscure the view of an object in the background. 
C. "Residential area" means an area that has been zoned residential in a municipal 
ordinance or an area that has been designated in the municipality's comprehensive 
. plan developed pursuant to Title 30-A, chapter 187 as a growth area. "Residential 
area" does not include any area that is designated as rural in the municipality's 
comprehensive plan or in zoning by the municipality.' 
Amend the bill in section 1 in § 1562-A in subsection 2 in the first line (page I, line 
in L.D.) by striking out the following: "densely populated area an outdoor" and 
inserting the following: 'residential area a' 
Amend the bill in section 1 in § 1562-A in subsection 2 in the last line (page I, line 21 
in L.D.) by striking out the following: "not less than $10 nor more than" 
Amend the bill in section 1 in § 1562-A by inserting after subsection 2 the following: 
'3. Application; outdoor wood boilers; tribal ceremonies. Outdoor wood boilers 
are governed by Title 38, section 610-B and rules developed pursuant to that section. 
This section does not apply to emissions generated by wood-burning devices during the 
course of a ceremony of a federally recognized Indian tribe.' 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT "A" to H.P. 860, L.D. 1215 
SUMMARY, 
This amendment, which is the miriority report of the committee, amends the bill to 
apply to all wood-burning devices rather than only outdoor wood-burning devices. The 
bill does not apply to outdoor wood boilers that are governed by the Department of 
Environmental Protection. 
The amendment removes the definition for "densely 
populated area" and adds a definition for "residential area" that includes residential 
zoning and areas that are designated growth areas in a municipal comprehensive plan. It 
removes the range of fines that may be adjudged from between $10 and $100 and instead 
specifies a fine of$100. Emissions generated by wood-burning devices during the course 
of a ceremony of a federally recognized Indian tribe are exempt from the emissions 
regulation. 
FISCAL :'iOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/29/13 
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LD 1215 
LR 1026(02) 
An Act To Protect Public Health by Regulating Excessive Wood Smoke as a Nuisance 
Fiscal Note for Bill as Amended by Committee Amendment ,A, (H -~8'+ ') 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Health and Human Services are expected to be minor and can be absorbed 
within existing budgeted resources. 
LRI026(02) - Fiscal Note - Page 1 of 1