An Act To Create the Ocean Acidification Council
Maine Legislature, Session 127, LD 0493
Committee: Marine Resources
Sponsors: DEVIN, JOHNSON, KUMIEGA, WELSH, LANGLEY
Amends: 5 MRSA §12004-I

Legislative Document 
No. 493 
H.P. 332 
House of Representatives, February 24, 2015 
An Act To Create the Ocean Acidification Council 
Reference to the Committee on Marine Resources suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative DEVIN of Newcastle. 
Cosponsored by Senator JOHNSON of Lincoln and 
Representatives: KUMIEGA of Deer Isle, WELSH of Rockport, Senator: LANGLEY of 
Hancock. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-I, sub-§57-H is enacted to read: 
57-H.   
This subsection is repealed December 31, 2018. 
Sec. 2.  38 MRSA c. 33 is enacted to read: 
CHAPTER 33 
THE OCEAN ACIDIFICATION COUNCIL 
§3301.  The Ocean Acidification Council 
1.  Establishment and purpose.  The Ocean Acidification Council, referred to in this 
section as "the council," established by Title 5, section 12004-I, subsection 57-H, is 
created to identify, study, prevent, remediate and mitigate the direct and indirect effects 
of coastal and ocean acidification on species that are commercially harvested and grown 
in the State's coastal and ocean environments. 
2.  Membership.  The council consists of the following 16 members: 
A.  Two members of the Senate appointed by the President of the Senate, including 
one member from each of the 2 parties holding the largest number of seats in the 
Legislature; 
B.  Three members of the House of Representatives appointed by the Speaker of the 
House, including at least one member from each of the 2 parties holding the largest 
number of seats in the Legislature; 
C.  Eight members appointed by the Commissioner of Marine Resources, including: 
(1)  Two representatives of an environmental or community group or one from 
each type of organization; 
(2)  Three persons who fish commercially, including at least one aquaculturist; 
and 
(3)  Three scientists who have studied coastal or ocean acidification; and 
D.  Three members as follows: 
(1)  The Commissioner of Marine Resources or the commissioner's designee; 
(2)  The Commissioner of Environmental Protection or the commissioner's 
designee; and 
(3)  The Commissioner of Agriculture, Conservation and Forestry or the 
commissioner's designee. 
Marine Resources Ocean Acidification 
Council 
Legislative Per 
Diem and Expenses 
MRSA c. 33 
3.  Chairs.  The first-named Senate member is the Senate chair and the first-named 
House of Representatives member is the House chair. 
4.  Staff assistance.  Within the limits of its budget, the council is authorized to 
contract with and employ staff members to assist the council in carrying out its duties.  In 
the event funding does not permit adequate staff support, the Department of Marine 
Resources and the Department of Environmental Protection shall provide staff support 
within the departments' existing resources. 
5.  Quorum.  For purposes of holding a meeting, a quorum is 7 members. A quorum 
must be present to start a meeting or to vote but not to continue or adjourn a meeting. 
6.  Terms; vacancies.  Members of the council serve for a term of 2 years and may 
be reappointed.  A vacancy must be filled in the same manner as the original 
appointment.  Members may continue to serve until their replacements are designated. A 
member may designate an alternate to serve on a temporary basis. 
7.  Consultation.  Whenever the council considers it appropriate, the council may 
seek the advice of experts in fields related to its duties. 
8.  Powers and duties.  The council:  
A.  Shall meet at least twice annually; 
B.  Shall review, study and analyze existing scientific literature and data on coastal 
and ocean acidification and how it has directly or indirectly affected or may 
potentially affect commercially harvested and grown species along the coast of the 
State; 
C.  Shall identify critical scientific data and knowledge gaps pertaining to coastal and 
ocean acidification as well as critical scientific data and knowledge gaps pertaining to 
the effects of coastal and ocean acidification on species that are commercially 
harvested and grown along the coast of the State; 
D.  Shall include in its review of the relevant scientific literature and data the results 
of studies presented at conferences or workshops related to coastal and ocean 
acidification; 
E.  Shall identify and monitor the factors contributing to coastal and ocean 
acidification; 
F.  Shall work to strengthen existing scientific monitoring, research and analysis 
regarding the causes of and trends in coastal and ocean acidification; 
G.  Shall identify methods and protocols to mitigate coastal and ocean acidification; 
H.  Shall work to increase public awareness of coastal and ocean acidification; 
I.  Shall work to implement the recommendations contained in the December 2014 
report of the Commission To Study the Effects of Coastal and Ocean Acidification 
and Its Existing and Potential Effects on Species That Are Commercially Harvested 
and Grown Along the Maine Coast authorized by Resolve 2013, chapter 110; 
J.  When appropriate, may consult and advise State agencies, the Legislature, Maine's 
congressional delegation, the Governor and federal entities on matters regarding 
coastal and ocean acidification; 
K.  May assist the Legislature and the Governor on pending legislation related to 
coastal and ocean acidification, including, but not limited to, by providing testimony 
at a public hearing on legislation before a joint standing committee of the Legislature; 
L.  May examine existing laws pertaining to coastal and ocean acidification; 
M.  Shall identify and promote economic development opportunities afforded by 
ocean acidification through development and commercialization of new technologies 
and businesses; 
N.  May recommend or submit to the Legislature legislation relating to coastal and 
ocean acidification matters; and 
O.  May hold public hearings to receive testimony and recommendations from the 
members of the public and qualified experts on matters related to coastal and ocean 
acidification. 
9.  Report.  The council shall submit an annual report of its activities to the 
Governor, the joint standing committee of the Legislature having jurisdiction over marine 
resources matters and the joint standing committee of the Legislature having jurisdiction 
over environmental protection matters.  The council shall post the report on a publicly 
accessible website maintained by the State. 
10.  Reimbursement of expenses.  The members of the council are compensated 
according to the provisions of Title 5, section 12004-I, subsection 57-H. 
11.  Accounting; outside funding.  All funds appropriated, allocated or otherwise 
provided to the council must be deposited in an account separate from all other funds of 
the Legislature and are nonlapsing.  Funds in the account may be used only for the 
purposes of the council.  The council may seek and accept outside funding and is 
authorized on behalf of the State to accept federal funds to fulfill council duties.  Prompt 
notice of solicitation and acceptance of funds must be sent to the Legislative Council. All 
funds accepted must be forwarded to the Executive Director of the Legislative Council, 
along with an accounting that includes the amount received, the date that amount was 
received, from whom that amount was received, the purpose of the donation and any 
limitation on use of the funds.  The executive director shall administer all funds received 
in accordance with this subsection.  At the beginning of each fiscal year, and at any other 
time at the request of the cochairs of the council, the executive director shall provide to 
the council an accounting of all funds available to the council, including funds available 
for staff support. 
§3302.  Repeal 
This chapter is repealed December 31, 2018. 
SUMMARY 
This bill establishes the Ocean Acidification Council to identify, study, prevent, 
remediate and mitigate the direct and indirect effects of coastal and ocean acidification on 
species that are commercially harvested and grown in the State's coastal and ocean 
environments. 
It provides for 16 council members, including 2 members of the Senate, 3 members 
of the House of Representatives, 2 representatives of an environmental or community 
group, 3 persons who fish commercially, including at least one aquaculturist, 3 scientists 
and the Commissioner of Marine Resources, the Commissioner of Environmental 
Protection and the Commissioner of Agriculture, Conservation and Forestry or those 
commissioners' designees. 
The powers and duties of the council include, but are not limited to, the following: 
1.  Reviewing, analyzing and studying the existing scientific literature and data on 
coastal and ocean acidification and how it has directly or indirectly affected or may 
potentially affect commercially harvested and grown species along the coast of the State; 
2.  Identifying and monitoring the factors contributing to coastal and ocean 
acidification and identifying methods to mitigate acidification; 
3.  Working to implement the recommendations contained in the December 2014 
report of the Commission To Study the Effects of Coastal and Ocean Acidification and Its 
Existing and Potential Effects on Species That Are Commercially Harvested and Grown 
Along the Maine Coast established by Resolve 2013, chapter 110; 
4.  Advising state agencies, the Legislature, Maine's congressional delegation, the 
Governor and federal entities on matters of coastal and ocean acidification; 
5.  Assisting the Legislature and the Governor with pending legislation related to 
coastal and ocean acidification including giving testimony at a public hearing on 
legislation before a joint standing committee of the Legislature; 
6.  Identifying and promoting economic development opportunities afforded by ocean 
acidification through development and commercialization of new technologies and 
businesses; 
7.  Recommending or submitting legislation to the Legislature relating to coastal and 
ocean acidification matters; and 
8.  Holding public hearings to receive testimony and recommendations from 
members of the public and qualified experts on matters related to coastal and ocean 
acidification. 
This bill also requires the council to submit an annual report to the Legislature and 
authorizes the council to accept funding from outside sources and contains a provision 
repealing the laws establishing the council December 31, 2018.