An Act To Amend Environmental Pennitting Standards
Maine Legislature, Session 127, LD 1244
Committee Amendment CA_A-SA_A_S227 (Senate)
Amends: 38 MRSA §840

SENATE AMENDMENT" Pt "to COMMITTEE AMENDMENT "A" to S.P. 449, 
L.D. 1244, Bill, "An Act To Amend Environmental Pennitting Standards" 
Amend the amendment by striking out all of section 5 (page 1, lines 15 to 25 in 
amendment) and inserting the following: 
'Sec. 5. 38 MRSA §840, sub-§7 is enacted to read: 
7. Applicability beginning October 1,2015. Beginning October 1, 2015, the board 
or the commissioner may not conduct an adjudicatory hearing for the purpose of 
establishing a water level regime or minimum flow requirements and may not issue an 
order establishing a water level regime or minimum flow requirements, except that the 
commissioner may conduct an adjudicatory hearing and issue an order in accordance with 
this section on a request or petitions submitted prior to October 1, 2015 or may amend Qr 
rescind an order issued prior to October 1, 2015. All orders establishing a water level 
regime or minimum flow requirements issued by the board or the commissioner prior to 
October 1, 2015, or after October 1, 2015 on a request Qr petitions submitted prior to 
October 1, 2015, remain in effect and enforceable until they expire or are rescinded or 
amended under this subartic1e. 
This subsection is repealed September 30, 2016. 
Sec. 6. Authorization to report out a bill. The Joint Standing Committee on 
Environment and Natural Resources may report out a bill related to the establishment of 
water level regimes under the Maine Revised Statutes, Title 38, chapter 5, subchapter 1, 
article 3-A, subartic1e 4 to the Second Regular Session of the 127th Legislature.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment amends Committee Amendment "A" to remove the provision 
allowing the Department of Environmental Protection to charge parties to a water level 
dispute a licensing fee sufficient to cover costs incurred in conducting an adjudicatory 
hearing, with a maximum fee of $20,000. 
This amendment also amends the laws 
governing the establishment of water level regimes to provide that after October 1, 2015 
SENATE AMENDMENT 
~CQ. 
~,~ 
SENATE AMENDMENT" Pr "to COMMITTEE AMENDMENT "A" to S,P, 449, L.D, 1244 
but before October 1, 2016 the Commissioner of Environmental Protection may not 
conduct an adjudicatory hearing for the purpose of or issue an order establishing a water 
level regime or minimum flow requirements, except that the commissioner may conduct 
an adjudicatory hearing or issue an order for these purposes on requests or petitions 
submitted prior to October 1, 2015, All orders establishing a water level regime issued 
prior to October 1, 2015 remain in effect and enforceable until they expire or are 
amended or rescinded. The amendment also authorizes the Joint Standing Committee on 
Environment and Natural Resources to report out a bill to the Second Regular Session of 
the 127th Legislature relating to the establishment of water level regimes. 
FISCAL NOTE REQUIRED 
SPONSOREDBY: ________ ~~--------------
COUNTY: Cumberland 
SENA TE AMENDMENT 
Approved: 06/08115 
.wac 
LD 1244 
LR 540(04) 
An Act To Amend Environmental Permitting Standards 
Fiscal Note for Senate Amendment "N' to Committee Amendment "A" (S-dOL I') 
Sponsor: Sen. Breen of Cumberland 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium savings - Other Special Revenue Funds 
Current biennium revenue decrease - Other Special Revenue Funds 
The amendment forbids the Department of Environmental Protection (DEP), beginning September 1,2015, from 
conducting adjudicatory hearings to establish water level regimes or minimum flow requirements, unless initiated 
before September 1,2015. The prohibition is repealed on August 31, 2016. The amendment removes the proposed fee 
to the DEP to cover the costs of adjudicatory hearings. The DEP normally anticipates no more than two water level 
regime adjudications per year. 
LR0540(04) - Fiscal Note - Page 1 of 1