An Act To
Maine Legislature, Session 128, LD 1809
Committee Amendment CA_A_S417 (Senate)
Amends: 12 MRSA §9321-A, 12 MRSA §9326, 12 MRSA §9327

COMMITTEE AMENDMENT "A " to S.P. 678, L.D. 1809, Bill, "An Act To 
Amend the Laws Governing the Issuance of Burn Penni ts" 
Amend the bill by inserting after the title and before the enacting clause 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, under current law, anyone perfonning out-of-door burning is required to 
obtain a permit from the town forest fire warden or from the forest ranger having 
jurisdiction over the location where the fire is to be set; and 
Whereas, until recently, as a convenience to the residents of the State, burn permits 
were available online and at no charge through a 3rd-party provider; and 
Whereas, due to a change in interpretation of policy by the Commissioner of 
Agriculture, Conservation and Forestry, residents of the State are no longer able to get 
free online bum permits; and 
Whereas, the burn permits issued online by the Department of Agriculture, 
Conservation and Forestry cost $7 per pennit; and 
Whereas, in order to restore to the residents of the State the convenience of 
obtaining burn permits online and at no charge, it is necessary that this legislation take 
effect as soon as possible; and 
Whereas, it is necessary for public safety that all burn permits are validly issued 
pursuant to statutory criteria in order to prevent wildfires, damage to property and hann 
to persons; and 
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,' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 678, L.D. 1809 
Amend the bill in section 1 in subsection 3 in the 4th line by striking out the 
following: "purchased" and inserting the following: 1acquired1 
Amend the bill by striking out all of section 2 and inserting the following: 
1Sec. 2. 12 MRSA §9321-A, sub-§1, as amended by PL 1997, c. 512, §3, is 
further amended to read: 
1. Possession and production of permit in organized territory. Any person, firm 
or corporation that engages in out-of-door burning in any municipality, plantation or 
village corporation as permitted by this article shall possess the permit at the scene of the 
burning and shall produce the permit on the demand of authorized persons, including fire 
chiefs, town forest fire wardens or their designated agents, state forest rangers, municipal 
code enforcement officers and any law enforcement officer as defined in Title 17-A. A 
person, firm or corporation that is issued an electronic permit pursuant to section 9326 or 
section 9327 may produce the permit on an electronic device. 
Sec. 3. 12 MRSA §9326, last~' as amended by PL 2013, c. 35, §1, is further 
amended to read: 
A person may apply for a permit to burn using the Internet or as otherwise provided 
in this article. Wh6n a p&son applies for and is issu6d a permit eleotronically using the 
Internet, a fee of $7 must be paid. From the $7 fee, $4 must be deposited in the General 
Fund, $2 must bs transferred to the municipality in which the permit is issued and the 
remainder of $1 must be used to co'1er administrative costs. For a permit issued in the 
unorganized and deorganized areas, from the $7 fee, $6 must be deposited in the General 
Fund and the remainder of $1 must be used to cover administrative costs. 
Sec. 4. 12 MRSA §9327 is enacted to read: 
§9327. Private party burn permit software 
The Director of the Bureau of Forestry shall allow a municipality to use burn permit 
software acquired from a private party to establish a publicly accessible online system to 
issue a permit to burn pursuant to section 9325 if the issuance of a permit to burn using 
the private party burn permit software is in accordance with the criteria in section 9321. 
1. Approval. The Director of the Bureau of Forestry shall approve private party 
burn permit software within 10 business days after a vendor or owner of a private party 
burn permit software system submits a request for review of the software to the director if 
the software submitted meets the requirements of this section and there are fewer than 2 
private party burn permit software programs approved and in use pursuant to this section. 
2. Limit on private party burn permit software. No more than 2 private party 
burn permit software programs may be approved and in operation in the State. 
3. Notification. If the Director of the Bureau of Forestry does not approve the 
private party burn permit software that has been submitted for review under subsection 1, 
the director shall notify the vendor or owner of the private party burn permit software in 
writing of the reasons why the software has not been approved. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 678, L.D. 1809 
4. Appeal. A denial of approval of a private party burn permit software system is a 
final agency action that may be appealed in accordance with Title 5, chapter 375, 
subchapter 7. 
5. Fee. If a person uses private party burn permit software to apply for a permit to 
burn, that person may not be charged a fee for the permit. 
6. Private party burn permit software to be provided at no charge. A vendor or 
owner of a private party burn permit software system may not charge a municipality for 
use of private party burn permit software approved under subsection 1. 
7. Application for burn permit not using private party burn permit software. A 
person may not be required to apply for a permit to burn using private party burn permit 
software, but may apply as otherwise provided in this article. 
8. Rules. The Director of the Bureau of Forestry may adopt rules relating to private 
party burn permit software requirements. Rules adopted pursuant to this subsection are 
major substantive rules as defined in Title 5, chapter 375. subchapter 2-A. 
Sec. 5. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Division of Forest Protection Z232 
Initiative: Provides funding for an online burn permit system from InforME. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2017-18 
$0 
$0 
2018-19 
$9,600 
$9,600 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 1 
SUMMARY 
This amendment requires the Director of the Bureau of Forestry within the 
Department of Agriculture, Conservation and Forestry to allow municipalities to use burn 
permit software acquired from a private party to issue a permit to burn if issuance of the 
permit using the private party burn permit software meets certain statutory requirements, 
and it limits to 2 the number of private party burn permit software programs that may be 
approved and in operation in the State. The amendment provides that the vendor or owner 
of the private party burn permit software must submit a request for review to the director. 
The director must approve or deny approval of the software within 10 business days. If 
the director denies approval of the software, the director must notify the vendor or owner 
of the reasons why in writing. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 678, L.D. 1809 
The amendment adds an emergency preamble and emergency clause and an 
appropriations and allocations section to the bill. 
FISCAL NOTE REQUIRED 
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COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Approved: 03/18/18 feac. 
LD 1809 
LR 2840(02) 
An Act To Amend the Laws Governing the Issuance of Burn Permits 
Fiscal Note for Bill as Amended by Committee Amendment "A." ( 5- L/ J ~ 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 20.18-19 
$0 
$52,739 
Projections 
FY 2019-20 
$52,739 
Projections 
FY 2020-21 
$52,739 
Appropriations/Allocations 
General Fund 
$0 
$9,600 
$9,600 
$9,600 
Revenue 
General Fund 
$0 
($43,139) 
($43,139) 
($43,139) 
Fiscal Detail and Notes 
This bill directs the Department of Agriculture, Conservation and Forestry (ACF) to allow municipalities to use third-
party internet based software to issue bum pennits so long as the software meets statutory requirements and is 
approved by ACF. The bill eliminates the $7 fee ACF charged for electronically issued bum pern1its via their online 
pennit system. Cunently, $4 is deposited into the General Fund, $2 is transferred to the municipality where the pennit 
was issued and $1 goes to InforME for the administrative cost of the online pennit system. In unorganized areas, $6 of 
the fee is deposited into the General Fund and $1 is for the administrative costs ofinforME. Beginning in fiscal year 
2018-19, elimination of the fee will reduce annual General Fund revenue by $43, 13 9, reduce revenue to municipalities 
by approximately $20,000 a year and reduce revenue available to pay InforME by $9,600. The bill includes an 
ongoing General Fund appropriation to ACF of $9,600 beginning in fiscal year 2018-19 to continue to pay InforME 
for bum pe1111its issued through the state online system. 
LR2840(02) - Fiscal Note - Page 1 of 1