An Act To Facilitate a Timely Revision Process in the Site Location of Development Laws
Maine Legislature, Session 130, LD 1038
Committee: Environment and Natural Resources
Sponsors: KEIM
Amends: 38 MRSA §344-B

Legislative Document
No. 1038
S.P. 328
In Senate, March 10, 2021
An Act To Facilitate a Timely Revision Process in the Site Location 
of Development Laws
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §344-B, 2nd ¶, as enacted by PL 1991, c. 804, Pt. B, §4 and 
affected by §7, is amended to read:
The provisions of this section apply only to new and revised permit and license 
applications.
Sec. 2.  38 MRSA §344-B, sub-§1, as amended by PL 2001, c. 212, §1, is further 
amended to read:
1.  Publication of timetables.  No later than November 1st of each year, the 
commissioner shall publish processing timetables for each permit and license issued by the 
department.  Permit and license processing timetables must be published simultaneously in 
all newspapers designated by the Secretary of State as papers of record under Title 5, 
section 8053, subsection 5.  The commissioner shall enter the published processing 
timetables into the record of the board at the first meeting of the board following 
publication.  The processing period for each type of permit or license application may not 
exceed 90 days.
Except as provided in this section, the deadline governing the processing of an application 
is determined by the timetable in effect on the date the application is determined to be 
complete.
Sec. 3.  38 MRSA §344-B, sub-§3, as enacted by PL 1991, c. 804, Pt. B, §4 and 
affected by §7, is amended to read:
3.  Processing period.  The processing period for an a new application begins on the 
date the commissioner notifies the applicant that the application is complete. The 
processing period for a revised application begins on the date the commissioner receives 
the revised application.   Except as provided in paragraph A, the consent of the applicant is 
required to stop the processing period or to extend the deadline.
A.  The processing time for an application stops if:
(1)  The commissioner determines that a public hearing is required.  Under this 
subparagraph, the processing period may be stopped only for as long as necessary 
to accommodate the public hearing process and must commence at the end of the 
comment period following the public hearing;
(2)  The board assumes jurisdiction over an application.  If the board assumes 
jurisdiction over an application, the board shall set a new timetable for the 
application and shall stop the processing period or extend the deadline subject to 
the conditions of this subsection.  The forfeiture provisions of subsection 5 do not 
apply to timetables set by the board; or
(3)  The commissioner determines that the applicant has significantly modified the 
application.  Under this subparagraph, the processing period is stopped until the 
applicant and the commissioner agree to a new timetable.
B.  The commissioner may stop the processing time with the consent of the applicant 
for any period of time agreeable to the commissioner and the applicant if the 
commissioner determines that:
(1)  Additional information is required from the applicant;
(2)  Agencies other than the department that are required to comment on an 
application do not respond within the time frames established by a memorandum 
of understanding between the agencies; or
(3)  The applicant wishes to stop the processing period or to extend the deadline.
Expiration of a processing period may not be the sole reason for denial of an application.
SUMMARY
This bill provides that the processing period for each type of permit or license 
application submitted to the Department of Environmental Protection may not exceed 90 
days.  It applies the processing period to both new and revised applications.