An Act To Strengthen the Overboard Discharge Removal Grant Program
Maine Legislature, Session 127, LD 1043
Committee: Environment and Natural Resources
Sponsors: JOHNSON, KUMIEGA, BREEN, LIBBY, MIRAMANT, SAVIELLO, ALLEY, BLUME, DEVIN, WELSH
Amends: 38 MRSA §411-A

Legislative Document 
No. 1043 
S.P. 369 
In Senate, March 24, 2015 
An Act To Strengthen the Overboard Discharge Removal Grant 
Program 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator JOHNSON of Lincoln. 
Cosponsored by Representative KUMIEGA of Deer Isle and 
Senators: BREEN of Cumberland, LIBBY of Androscoggin, MIRAMANT of Knox, 
SAVIELLO of Franklin, Representatives: ALLEY of Beals, BLUME of York, DEVIN of 
Newcastle, WELSH of Rockport. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §411-A, sub-§5 is enacted to read: 
5.  Advance approval and dedication of reimbursement grants.  The 
commissioner shall approve the application of an individual for a grant to reimburse the 
individual for the cost of removing any overboard discharge, subject to the provisions of 
subsection 2-A, in advance of construction if the following conditions are met: 
A.  The owner of the overboard discharge has an annual income of $75,000 or less; 
B.  The removal is likely to result in the elimination of sources of contamination to 
shellfish areas or public nuisance conditions; and 
C.  The removal is required under section 413, subsection 3 or section 414-A, 
subsection 1-B. 
An applicant under this subsection shall provide to the department a written proposal 
describing the overboard discharge removal project, including a detailed estimate of the 
project expenses and any other information required by the department.  If the 
commissioner finds that the application meets the criteria for a grant under this 
subsection, the commissioner shall ensure that the proposed project expenses eligible for 
the grant are immediately dedicated to the applicant’s project and remain available for 
reimbursement of the applicant’s actual eligible project expenses for a specified period of 
time of at least 90 days and shall notify the applicant in writing that the application has 
been approved and that the funds will be available for reimbursement of actual eligible 
project expenses for the specified period of time.  Upon completion of the overboard 
discharge removal project, the applicant shall submit to the department written 
documentation of project completion, including financial documentation of all project 
expenses, and the commissioner shall, within a reasonable period of time, reimburse the 
individual for the eligible portion of the actual project expenses in accordance with 
subsection 2-A.  The commissioner may not refuse reimbursement of actual eligible 
project expenses when an overboard discharge removal project is completed in a manner 
consistent with the application previously filed and approved under this subsection. 
Sec. 2.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Land and Water Quality 0248 
Initiative:  Provides funding in fiscal years 2015-16 and 2016-17 to provide grants to 
reimburse individuals for the cost of removing an overboard discharge. 
GENERAL FUND 
2015-16
2016-17
All Other 
$200,000
$200,000
GENERAL FUND TOTAL 
$200,000
$200,000
SUMMARY 
This bill amends the laws regarding the State's contribution to residential overboard 
discharge replacement projects.  Under current law, depending on income level, an 
individual may apply for a grant for reimbursement of all or a portion of the cost of 
removing and replacing any overboard discharge, but may be approved for such 
reimbursement only after project completion.  This bill allows the Commissioner of 
Environmental Protection to approve applications for reimbursement in advance of 
construction if certain conditions are met and to dedicate the proposed project expenses 
for reimbursement for a specified period of time.  Upon completion of the project and 
submission of expense documentation, the commissioner is directed to reimburse the 
individual for the previously applied for and approved eligible project expenses.  The bill 
also provides an appropriation in fiscal years 2015-16 and 2016-17 in the amount of 
$200,000 per year to provide grants to reimburse individuals for the cost of removing an 
overboard discharge under this program.