An Act To Amend Environmental Penni tting Standards
Maine Legislature, Session 127, LD 1244
Committee Amendment CA_A_S156 (Senate)
Amends: 38 MRSA §840

COMMITTEE AMENDMENT" A " to S.P. 449, L.D. 1244, Bill, "An Act To 
Amend Environmental Penni tting Standards" 
Amend the bill by striking out all of section 1. 
Amend the bill in section 3 in subsection 5 in the last line (page 2, line 7 in L.D.) by 
inserting after the following: "depatiment" the following; 'under section 480-U' 
Amend the bill by striking out all of sections 5 to 11 and inserting the following; 
'Sec. 5. 38 MRSA §840, sub~§ 1 ~A is enacted to read; 
~A. Fees. A petition or request under this section for establishing a water level 
regime and, if applicable, minimum flow requirements must be accompanied P-Y.J! 
processing fee established by the department. If the department holds an adjudicatory 
hearing as a result of a petition or request, the department may charge petitioners or 
requestors an appropIiate licensing fee, not to exceed $20,000, sufficient to cover costs 
incurred in conducting the hearing and reviewing evidence, including the time spent by 
state employees and necessary consultants and contractors in preparing, presenting and 
reviewing testimony, and in preparation of a depatiment order establishing a water level 
regime and, if applicable, minimum flow requirements. All fees must be established in 
accordance with section 352.' 
. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment retains provisions from the bill that repeal procedures related to the 
review of an application for a grid-scale wind energy development and provide pelmitting 
requirements for small-scale wind energy developments. The amendment also retains the 
provision from the bill that allows the Department of Environmental Protection to charge 
parties to a water level dispute an appropriate licensing fee sufficient to cover costs 
incurred in conducting an adjudicatory hearing, but the amendment sets a maximum fee 
of $20,000. The amendment removes provisions from the bill that increase the time in 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 449, L.D. 1244 
which the Commissioner of Environmental Protection is required to issue a decision on 
an application for an expedited wind energy development from 185 days to one year, that 
establish standards and criteria for microhydropowcr projects and that require parties to a 
water level dispute to attempt to resolve the matter through mediation prior to an 
adjudicatory hearing. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/20/15 
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LD 1244 
LR 540(02) 
An Act To Amend Environmental Permitting Standards 
Fiscal Note for Bill as Amended by Committee Amendment "ff'{ S-ISe.o") 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium revenue increase - Other Special Revenue Funds 
The bill requires individuals filing a petition or request to establish a water level regime to pay a licensing fee of no 
more than $20,000 to the Department of Environmental Protection (DEP) to cover the costs of any adjudicatory 
hearing. The amount of savings will depend on the number of adjudicatory hearings held and their costs. No estimate 
is made at this time of the number or cost offuture adjudicatory hearings, although DEP anticipates no more than two 
water level regime adjudications per year. 
LR0540(02) - Fiscal Note - Page I of I