Resolve, Regarding Legislative Review of Chapter 200: Metallic Mineral Exploration, Advanced Exploration and Mining, a Late-filed Major Substantive Rule of the Department of Environmental Protection
Maine Legislature, Session 126, LD 1772
Committee Amendment CA_A_H769 (House)

COMMITTEE AMENDMENT" 1+" to H.P. 1270, L.D. 1772, "Resolve, Regarding 
Legislative Review of Chapter 200: Metallic Mineral Exploration, Advanced Exploration 
and Mining, a Late-filed Major Substantive Rule of the Department of Environmental 
Protection" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, Regarding Metallic Mineral Exploration, Advanced Exploration and 
Mining' 
Amend the resolve 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, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires 
legislative authorization before major substantive agency rules may be finally adopted by 
the agency; and 
Whereas, Chapter 200: Metallic Mineral Exploration, Advanced Exploration and 
Mining, a provisionally adopted major substantive rule of the Department of 
Environmental Protection, has been submitted to the Legislature for review pursuant to 
the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A outside the legislative 
rule acceptance period; and 
Whereas, portions of Chapter 13: Metallic Mineral Exploration, Advanced 
Exploration and Mining, a provisionally adopted major substantive rule of the Maine 
Land Use Planning Commission, has been submitted to the Legislature for review 
pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A; and 
Whereas, immediate enactment of this resolve is necessary to record the 
Legislature's position on final adoption of these rules; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A .. to H.P. 1270, L.D. 1772 
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 
Sec. 1. 
Disapproval of final adoption; Department of Environmental 
Protection. 
Resolved: 
That final adoption of Chapter 200: Metallic Mineral 
Exploration, Advanced Exploration and Mining, a provisionally adopted major 
substantive rule of the Department of Environmental Protection that has been submitted 
to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 2-A outside the legislative rule acceptance period, is not authorized; and be it 
further 
Sec. 2. 
Disapproval of final adoption; Maine Land Use Planning 
Commission. Resolved: 
That final adoption of portions of Chapter 13: Metallic 
Mineral Exploration, Advanced Exploration and Mining, a provisionally adopted major 
substantive rule of the Maine Land Use Planning Commission that has been submitted to 
the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 2-A, is not authorized; and be it further 
Sec. 3. 
Existing metallic mineral mining rules; Department of 
Environmental Protection. 
Resolved: 
That the Department of Environmental 
Protection shall, as soon as practicable, repeal its existing metallic mineral mining rules 
and adopt metallic mineral mining rules identical to those rules in effect immediately 
prior to the routine technical rule amendments to exploration and advanced exploration 
sections that took effect on April 21, 2013. Rules adopted pursuant to this section are 
routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 2-A; and be it further 
Sec. 4. 
Major substantive rulemaking; Department of Environmental 
Protection. Resolved: That, by February 1,2016, the Department of Environmental 
Protection shall provisionally adopt and submit to the Legislature for review rules related 
to the Maine Metallic Mineral Mining Act. 
1. 
Legislative rule acceptance period. 
Notwithstanding any provision to the 
contrary contained in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, 
major substantive rules submitted pursuant to this section on or before February 1,2016 
must be considered submitted within the legislative rule acceptance period for the Second 
Regular Session of the 127th Legislature, as defined in Title 5, section 8071-A, except 
that, if the rules are submitted outside the otherwise applicable legislative rule acceptance 
period but on or before February 1, 2016, the department shall, at the time the rules are 
submitted, provide written notice to the Executive Director of the Legislative Council 
stating that the department is submitting the rules outside the otherwise applicable rule 
acceptance period in accordance with the allowance provided in this subsection. 
2. Standards. The rules adopted pursuant to this section must include standards 
determined by the department to be necessary to protect the public health and safety and 
the environment. Standards adopted by the department may include, but are not limited 
to, standards regulating effects on groundwater quality, control of noise, preservation of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1270, L.D. 1772 
historic sites, preservation of unusual natural areas, effects on scenic character and 
protection of wildlife and fisheries. 
3. 
Maine Land Use Planning Commission certification. 
The rules adopted 
pursuant to this section relating to the permitting process for a mining permit must 
provide for Maine Land Use Planning Commission certification pursuant to the Maine 
Revised Statutes, Title 38, section 490-NN, subsection 2 in the initial stages of the 
permitting process. 
Rules adopted pursuant to this section are major substantive rules as defined in the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A; and be it further 
Sec. 5. 
Major substantive rulemaking; Maine Land Use Planning 
Commission certification of mining permit applications. Resolved: That, by 
February I, 2016, the Maine Land Use Planning Commission shall provisionally adopt 
and submit to the Legislature for review rules related to commission certification of 
metallic mineral mining permit applications as described in the Maine Metallic Mineral 
Mining Act. 
Notwithstanding any provision to the contrary contained in the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A, major substantive rules submitted 
pursuant to this section on or before February I, 2016 must be considered submitted 
within the legislative rule acceptance period for the Second Regular Session of the 127th 
Legislature, as defined in Title 5, section 8071-A, except that, if the rules are submitted 
outside the otherwise applicable legislative rule acceptance period but on or before 
February I, 2016, the commission shall, at the time the rules are submitted, provide 
written notice to the Executive Director of the Legislative Council stating that the 
commission is submitting the rules outside the otherwise applicable rule acceptance 
period in accordance with the allowance provided in this section. Rules adopted pursuant 
to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A; and be it further 
Sec. 6. Metallic Mining Fund; Department of Environmental Protection. 
Resolved: 
That all costs associated with rule-making activities undertaken by the 
Department of Environmental Protection pursuant to section 3 or 4 must be drawn from 
existing funds within the Metallic Mining Fund established under Public Law 2011, 
chapter 653, section 32. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the resolve 
and changes the title. 
This amendment disapproves final adoption of Chapter 200: 
Metallic Mineral Exploration, Advanced Exploration and Mining, a provisionally adopted 
major substantive rule of the Department of Environmental Protection that was filed 
outside the legislative rule acceptance period, and portions of Chapter 13: Metallic 
Mineral Exploration, Advanced Exploration and Mining, a provisionally adopted major 
substantive rule of the Maine Land Use Planning Commission. It directs the Department 
of Environmental Protection to, as soon as practicable, repeal its existing metallic mineral 
mining rules and adopt metallic mineral mining rules identical to those rules in effect 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1270, L.D, 1772 
immediately prior to the routine technical rule amendments to exploration and advanced 
exploration sections that took effect on April 21, 2013. It directs the Department of 
Environmental Protection to, by February 1, 2016, provisionally adopt and submit to the 
Legislature for review major substantive rules related to the Maine Metallic Mineral 
Mining Act. It directs the Maine Land Use Planning Commission to, by February 1, 
2016, provisionally adopt and submit to the Legislature for review major substantive 
rules related to commission certification of metallic mineral mining permit applications 
as described in the Maine Metallic Mineral Mining Act. It directs the Department of 
Environmental Protection to draw funding for its rule-making activities authorized in this 
resolve from the Metallic Mining Fund established under Public Law 2011, chapter 653, 
.section 32. 
FTSC.-\L :".'OTE REQLlRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/28/14 
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LD 1772 
LR 2797(02) 
Resolve, Regarding Legislative Review of Chapter 200: Metallic Mineral Exploration, Advanced 
Exploration and Mining, a Late-filed Major Substantive Rule of the Department of Environmental 
Fiscal Detail and Notes 
Protection 
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Fiscal Note for Bill as Amended by Committee Amendment ,~, CfJ ... 7M 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - Other Special Revenue Funds 
Current biennium revenue decrease - Other Special Revenue Funds 
Future biennium cost increase - General Fund 
The bill requires the Department of Environmental Protection (DEP) to repeal its existing mineral mining rules and 
adopt prior metallic mineral mining rules at an expected cost of $7,500. This bill requires, by February 1,2016, that 
DEP provisionally adopt and submit rules to the Legislature related to the Maine Metallic Mineral Mining Act The 
cost to DEP to do this may vary depending on the amount of public participation, board meetings and certain other 
factors, although DEP incurred a cost of $175,000 to provisionally adopt and submit similar rules in 2013. This bill 
eliminates potential revenue to the Metallic Mining Fund within DEP from a processing fee of $500,000 and an 
annual license fee of between $20,000 and $50,000 by repealing the existing mineral mining rules. All costs to DEP 
will be funded by the Metallic Mining Fund within DEP. The fund has sufficient resources to absorb these costs from 
transfers made to it from Public Law 2011, Chapter 653. The bill requires the Land Use Planning Commission 
(LUPC) within the Department of Agriculture, Conservation and Forestry to adopt and submit rules to the Legislature 
on certification of metallic mineral mining permit applications. The LUPC will require a General Fund appropriation 
in fiscal year 2015-16 of$2,335 for costs related to rulemaking. 
LR2797(02) - Fiscal Note - Page 1 of 1