An Act To Ensure That Municipalities and Multimunicipal Regions of Every Size and Capacity Have Guidance on Climate Adaptation and Resilience Strategies for Policy, Implementation and Investment Decision Support
Maine Legislature, Session 130, LD 1616
Committee Amendment CA_A_H917 (House)
Amends: 23 MRSA §3106

COMMITTEE AMENDMENT"#" to H.P. 1205, L.D. 1616, "An Act To Ensure 
That Municipalities and Multimunicipal Regions of Every Size and Capacity Have 
Guidance on Climate Adaptation and Resilience Strategies for Policy, Implementation and 
Investment Decision Support" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Enhance the Ability of Municipalities To Address Climate Change by 
Protecting and Restoring Threatened Natural Resources' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 23 MRSA §3106, as enacted by PL 2009, c. 225, § 1 and amended by c. 501, 
§3, is further amended to read: 
§3106. Municipal assistance for purposes of protecting or restoring a great pond 
threatened natural resource 
1. Repairs to a private road, way or bridge. For the purpose of protecting or 
restoring a great pond, as defined in Title 3 8, section 4 80 B, subsection 5 threatened natural 
resource, a municipality may appropriate funds to repair a private road, way or bridge to 
prevent storm water runoff pollution from reaching a great pond the threatened natural 
resource if: 
A. The private road, way or bridge is located within the watershed of the great pond 
threatened natural resource .or is located within or immediately adjacent to the 
threatened natural resource: 
B. The With respect to a threatened natural resource that is a great pond only, the great 
pond: 
(1) Is listed on the Department of Environmental Protection's list of bodies of 
water most at dsk pursuant to Title 38, section 420-D, subsection 3; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ff» to H.P. 1205, L.D. 1616 
(2) Has been listed as impaired in an integrated water quality monitoring and 
assessment report submitted by the Department of Environmental Protection to the 
United States Environmental Protection Agency pursuant to the federal Clean 
Water Act, 33 United States Code, Section 1315(b) at least once since 2002; or 
(3) Is identified as having threats to water quality in a completed watershed survey 
that uses a protocol accepted by the Department of Environmental Protection; 
C. The Department of Environmental Protection or the municipality determines that 
the private road, way or bridge is contributing to the degradation of the water quality 
of the great pond within or immediately adjacent to the threatened natural resource 
based upon an evaluation of the road, way or bridge using a protocol accepted by the 
department; 
D. The repair complies with best management practices required by the Department 
of Environmental Protection; and 
E. The private road, way or bridge is maintained by a road association organized under 
this subchapter or Title 13-B. 
1-A. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
11Coastal bluff' means a steep shoreline slope formed in sediment such as clay. sand 
or gravel that has 3 feet or more of vertical elevation above the high tide line. 
11Coastal 
bluff' does not include a cliff or slope in a bedrock surface or the eroded seaward edge 
of a coastal beach or coastal sand dune. 
B. 
11Great pond" has the same meaning as in Title 38, section 480-B. subsection 5. 
C. 
11Protected natural resource
has the same meaning as in Title 38. section 480-B. 
subsection 8. 
D. "Threatened natural resource" means a protected natural resource or a coastal bluff. 
2. Rules. The Department of Environmental Protection may adopt rules to carry out 
the purposes of this section. Rules adopted pursuant to this subsection are routine technical 
rules pursuant to Title 5, chapter 3 75, subchapter 2-A.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill, which 
is a concept draft. For the purpose of protecting or restoring a great pond, current state law 
authorizes municipalities, subject to certain conditions, to appropriate funds to repair a 
private road, way or bridge to prevent storm water runoff pollution from reaching the great 
pond. The amendment expands that law to authorize municipalities, subject to similar 
conditions, to appropriate funds to repair a private road, way or bridge to prevent storm 
water runoff pollution from reaching a threatened natural resource. 
Under the amendment, the term 
11threatened natural resource
is defined to mean a 
coastal bluff or a protected natural resource. Under the Natural Resources Protection Act, 
the term "protected natural resource
is defined to include coastal sand dune systems, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "/1:;o H.P. 1205, L.D. 1616 
coastal wetlands, significant wildlife habitat, fragile mountain areas, freshwater wetlands, 
community public water system primary protection areas, great ponds or rivers, streams or 
brooks. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/29/22 feae 
LD 1616 
LR 1617(02) 
An Act To Ensure That Municipalities and Multimunicipal Regions of Every Size and Capacity Have 
Guidance on Climate Adaptation and Resilience Strategies for Policy, Implementation and Investment 
Decision Support 
Fiscal Note for Bill as Amended by Committee Amendment /f(f/,.. o/lrf) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department ofEnviromnental Protection as a result of the provisions of this bill are 
anticipated to be minor and can be absorbed within existing budgeted resources. 
LR1617(02) - Fiscal Note - Page 1 of 1