An Act To Clarify Conflict of Interest Requirements for the Board of Environmental Protection
Maine Legislature, Session 129, LD 1644
Committee: Environment and Natural Resources
Sponsors: ZEIGLER
Amends: 38 MRSA §341-C

Legislative Document
No. 1644
H.P. 1179
House of Representatives, April 25, 2019
An Act To Clarify Conflict of Interest Requirements for the Board 
of Environmental Protection
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative ZEIGLER of Montville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §341-C, sub-§2, as amended by PL 2011, c. 304, Pt. H, §3, is 
further amended to read:
2.  Qualifications and requirements.  Members of the board must be chosen to 
represent the broadest possible public interest and experience that can be brought to bear 
on the administration and implementation of this Title and all other laws the board is 
charged with administering.  At least 3 members must have technical or scientific 
backgrounds in environmental issues and no more than 4 members may be residents of 
the same congressional district.  The boundaries of the congressional districts are defined 
in Title 21-A, chapter 15.  A county commissioner, county employee, municipal official 
or municipal employee is not considered to hold an incompatible office for purposes of 
simultaneous service on the board.  If a county or municipality is a participant in an 
adjudicatory proceeding before the board, a commissioner, official or employee from that 
county or municipality may not participate in that proceeding.
Sec. 2.  38 MRSA §341-C, sub-§8, as amended by PL 2011, c. 357, §3, is 
repealed and the following enacted in its place:
8.  Federal standards.  In accordance with federal standards, board member 
participation is limited by this subsection.  For the purposes of this subsection, "a 
significant portion of income" means 10% or more of gross personal income for a 
calendar year, except that it means 50% or more if the recipient is over 60 years of age 
and is receiving that portion under retirement, pension or similar arrangement.
A.  A board member may not participate in the review of or act on an application for 
a National Pollutant Discharge Elimination System permit or the modification, 
renewal or appeal of a permit under Section 402 of the Federal Water Pollution 
Control Act, 33 United States Code, Section 1342 if the board member receives, or 
during the previous 2 years has received, a significant portion of income directly or 
indirectly from license or permit holders or applicants for a license or permit under 
the National Pollutant Discharge Elimination System.  Board members whose 
participation is restricted under this paragraph shall recuse themselves and may not 
participate in any National Pollutant Discharge Elimination System matter as long as 
the restriction applies.  The recusal must be from all National Pollutant Discharge 
Elimination System permitting, enforcement, establishment of waste load allocations 
and total maximum daily loads and establishment and implementation of water 
quality standards but not other Federal Water Pollution Control Act matters such as 
water quality certification.  The restriction imposed by this paragraph may not be 
interpreted to be more restrictive than federal law or the regulations of the United 
States Environmental Protection Agency.
B.  A board member may not participate in the review of or act on any permitting 
decision or enforcement order under the federal Clean Air Act, 42 United States 
Code, Section 7401, et seq. if the board member receives or derives a significant 
portion of that board member's income from persons subject to permits or 
enforcement orders under the federal Clean Air Act.  Board members whose 
participation is restricted under this paragraph shall recuse themselves from all 
permitting and enforcement matters under the federal Clean Air Act.  The restriction 
imposed by this paragraph may not be interpreted to be more restrictive than federal 
law or the regulations of the United States Environmental Protection Agency.
SUMMARY
This bill clarifies when a member of the Board of Environmental Protection may not 
participate in a review of a permitting or enforcement decision under the federal Clean 
Air Act.