An Act To Apply the Precautionary Principle to Decision Making in Certain State Agencies
Maine Legislature, Session 126, LD 1501
Committee: State and Local Government
Sponsors: BOLAND, HARLOW, JONES, KUSIAK
Amends: 35-A MRSA §1324, 38 MRSA §344-C

Legislative Document 
No. 1501 
H.P. 1075 
House of Representatives, May 7, 2013 
An Act To Apply the Precautionary Principle to Decision Making in 
Certain State Agencies 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BOLAND of Sanford. 
Cosponsored by Representatives: HARLOW of Portland, JONES of Freedom, KUSIAK of 
Fairfield. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §1324 is enacted to read: 
§1324.  Precautionary principle 
The commission shall employ the precautionary principle in its decision-making 
process regarding a review of proposed action in matters of environmental safety and 
public health as specified in this section.  The precautionary principle must be used in 
cases in which, after a review of the best scientific information available, there are 
reasonable grounds for concern that a proposed action will have potentially dangerous 
effects on the environment or human, animal or plant health although scientific 
uncertainty exists regarding these potentially dangerous effects.  In cases in which the 
precautionary principle must be used, its use requires the burden of proof to be placed on 
the proponent of the proposed action to show that the proposed action presents no 
appreciable risk of harm to the environment or human, animal or plant health.  The 
commission may adopt routine technical rules as described in Title 5, chapter 375, 
subchapter 2-A to implement this section. 
Sec. 2.  38 MRSA §344-C is enacted to read: 
§344-C.  Precautionary principle 
The department shall employ the precautionary principle in its decision-making 
process regarding a review of proposed action in matters of environmental safety and 
public health as specified in this section.  The precautionary principle must be used in 
cases in which, after a review of the best scientific information available, there are 
reasonable grounds for concern that a proposed action will have potentially dangerous 
effects on the environment or human, animal or plant health although scientific 
uncertainty exists regarding these potentially dangerous effects.  In cases in which the 
precautionary principle must be used, its use requires the burden of proof to be placed on 
the proponent of the proposed action to show that the proposed action presents no 
appreciable risk of harm to the environment or human, animal or plant health.  The 
department may adopt routine technical rules as described in Title 5, chapter 375, 
subchapter 2-A to implement this section. 
SUMMARY 
This bill requires the Public Utilities Commission and the Department of 
Environmental Protection to employ the precautionary principle in their decision-making 
process regarding a review of proposed action in matters of environmental safety and 
public health.  The precautionary principle must be used in cases in which, after a review 
of the best scientific information available, there are reasonable grounds for concern that 
a proposed action will have potentially dangerous effects on the environment or human, 
animal or plant health although scientific uncertainty exists regarding these potentially 
dangerous effects.  In cases in which the precautionary principle must be used, its use 
requires the burden of proof to be placed on the proponent of the proposed action to show 
that the proposed action presents no appreciable risk of harm to the environment or 
human, animal or plant health.