An Act to Prevent the Automatic Transfer of Permits and Contracts in a Sale of Assets of a Water Export Company Without Review and to Amend the Membership of the Water Resources Planning Committee and the Maine Public Drinking Water Commission
Maine Legislature, Session 131, LD 1723
Committee: Environment and Natural Resources
Sponsors: BENNETT, GRAMLICH, BRAKEY, CHIPMAN, HICKMAN, KEIM, BLIER, COLLINGS, O'NEIL, TALBOT ROSS
Amends: 5 MRSA §6401, 7 MRSA §352, 22 MRSA §2660-C

Legislative Document
No. 1723
S.P. 687
In Senate, April 20, 2023
An Act to Prevent the Automatic Transfer of Permits and Contracts 
in a Sale of Assets of a Water Export Company Without Review and 
to Amend the Membership of the Water Resources Planning 
Committee and the Maine Public Drinking Water Commission
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BENNETT of Oxford.
Cosponsored by Representative GRAMLICH of Old Orchard Beach and
Senators: BRAKEY of Androscoggin, CHIPMAN of Cumberland, HICKMAN of Kennebec, 
KEIM of Oxford, Representatives: BLIER of Buxton, COLLINGS of Portland, O'NEIL of 
Saco, Speaker TALBOT ROSS of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §6401, sub-§1, ¶A, as enacted by PL 2019, c. 67, §1, is amended 
by adding at the end a new first blocked paragraph to read:
If a person or an immediate family member of the person has received income from an 
entity engaged in the export from the State of water extracted in the State, the person 
may not serve as a member.
Sec. 2.  5 MRSA §6401, sub-§1, ¶B, as enacted by PL 2019, c. 67, §1, is amended 
to read:
B.  The committee shall meet at least quarterly and report annually to the Department 
of Agriculture, Conservation and Forestry, beginning in August 2020. The committee 
shall plan for the sustainable use of water resources.  The committee shall focus on by:
(1)  Collecting and reviewing information regarding water withdrawal activities;
(2)  Coordinating state water resources information, encouraging the consolidation 
and centralization of collected state water resources information within a single 
state agency, ensuring public access to that information and identifying 
opportunities and resources to enhance or supplement the collection of state water 
resources information; and
(3)  Identifying watersheds at risk by refining the most recent analysis of 
watersheds at risk performed by the Bureau of Resource Information and Land Use 
Planning, Division of Geology, Natural Areas and Coastal Resources, Maine 
Geological Survey, including:
(a)  Conducting appropriate water resources investigations in watersheds at 
risk;
(b)  Considering projected increased water use by population, agricultural 
irrigation, commercial users, industrial users and other users;
(c)  Considering seasonal use;
(d)  Considering potential effects of climate change;
(e)  Considering the effects of anticipated future water quality classification 
changes on the availability of water for withdrawal;
(f)  In establishing priorities for further investigations, seeking input from the 
user community, from towns dealing with multimunicipal aquifers and from 
towns with significant local aquifers; and
(g)  Developing guidelines for consistency in further investigations.
Sec. 3.  5 MRSA §6401, sub-§1, ¶E is enacted to read:
E.  Beginning January 15, 2024, and annually thereafter, the committee shall submit a 
report to the joint standing committees of the Legislature having jurisdiction over 
agriculture, conservation and forestry matters, environment and natural resources 
matters, energy and utilities matters and health and human services matters. The report 
must include a summary of the committee's activities during the prior calendar year 
and any findings and recommendations, including any recommended legislation, 
relating to the committee's duties under paragraphs B and C. After reviewing the report, 
each joint standing committee may report out legislation to implement any of the 
recommendations included in the report.
Sec. 4.  7 MRSA §352, sub-§2, ¶D, as enacted by PL 2005, c. 559, §2, is amended 
to read:
D.  Use data generated by water withdrawal reports under Title 38, section 470‑D and 
other available information to prioritize watersheds needing alternative water sources 
for agricultural use and the allocation of funding; and
Sec. 5.  7 MRSA §352, sub-§2, ¶E, as enacted by PL 2005, c. 559, §2, is amended 
to read:
E.  Facilitate the implementation of the sustainable agricultural water source program 
under section 353.; and
Sec. 6.  7 MRSA §352, sub-§2, ¶F is enacted to read:
F.  Make recommendations for measures to enhance drought preparedness and drought 
resilience by agricultural producers, including, but not limited to, improved water 
capture and storage measures, enhanced irrigation opportunities and measures to better 
identify and notify producers of low-flow areas and low-flow occurrences.
Sec. 7.  7 MRSA §352, sub-§8 is enacted to read:
8.  Report.  Beginning January 15, 2024, and annually thereafter, the board shall 
submit a report to the joint standing committees of the Legislature having jurisdiction over 
agriculture, conservation and forestry matters and environment and natural resources 
matters. The report must include a summary of the board’s activities during the prior 
calendar year and any findings and recommendations, including any recommended 
legislation, relating to the board’s duties under subsections 2 and 3. After reviewing the 
report, each joint standing committee may report out legislation to implement any of the 
recommendations included in the report.
Sec. 8.  22 MRSA §2660-C, sub-§1, ¶C, as enacted by PL 1993, c. 410, Pt. DD, 
§4, is amended to read:
C.  All members appointed by the Governor must have demonstrated interest, 
knowledge, experience and expertise regarding public drinking water concerns.  If a 
person or an immediate family member of the person has received income from an 
entity engaged in the export from the State of water extracted in the State, the person 
may not serve as a member.  The Governor shall seek to appoint members who, to the 
greatest extent possible, are qualified by interest, education, training or experience to 
provide, assess and evaluate scientific and technical information regarding public 
drinking water concerns, financial and staffing requirements and the adoption of 
policies, standards and rules.
Sec. 9.  Commission to Study the Role of Water as a Resource in the State 
of Maine established. The Commission to Study the Role of Water as a Resource in the 
1. Commission membership.  Notwithstanding Joint Rule 353, the commission 
consists of 17 members:
A. Seven members appointed by the President of the Senate as follows:
(1) Two members of the Senate, including a member from each of the 2 parties 
holding the largest number of seats in the Legislature;
(2) One member of the public residing in northern Maine;
(3) One member representing the interests of persons who bottle or package water 
for commercial sale;
(4) One member representing the interests of municipal water utilities; and
(5) Two members who are members of a federally recognized Indian nation, tribe 
or band in the State based on the joint recommendation of the tribal governments 
of the Mi'kmaq Nation, the Houlton Band of Maliseet Indians, the Passamaquoddy 
Tribe at Motahkomikuk, the Passamaquoddy Tribe at Sipayik and the Penobscot 
Nation. If the tribal governments do not make unanimous joint recommendations, 
the President of the Senate shall appoint 2 members of a federally recognized 
Indian nation, tribe or band in the State;
B. Six members appointed by the Speaker of the House of Representatives as follows:
(1) Two members of the House of Representatives, including a member from each 
of the 2 parties holding the largest number of seats in the Legislature;
(2) One member of the public residing in western Maine;
(3) One member representing the interests of businesses that use water to irrigate 
agricultural products;
(4) One member representing organizations involved in protection of the 
environment; and
(5) One member with general legal expertise in water rights and water ownership;
C. The Commissioner of Environmental Protection or the commissioner’s designee;
D. The State Geologist or the State Geologist’s designee;
E. The director of the drinking water program within the Department of Health and 
Human Services, Maine Center for Disease Control and Prevention, division of 
environmental and community health or the director’s designee; and
F. The chair of the Public Utilities Commission or the chair’s designee.
2. Chairs.  The first-named Senate member is the Senate chair and the first-named 
House of Representatives member is the House chair of the commission. A quorum is 9 
members and a quorum must be present to start a meeting but is not required to continue a 
meeting.
3. Appointments; convening of commission.  All appointments must be made no later 
than 30 days following the effective date of this Act. The appointing authorities shall notify 
the Executive Director of the Legislative Council once all appointments have been 
completed. After appointment of all members, the chairs shall call and convene the first 
meeting of the commission. If 30 days or more after the effective date of this section a 
majority of but not all appointments have been made, the chairs may request authority and 
the Legislative Council may grant authority for the commission to meet and conduct its 
business.
4. Duties.  The commission shall review the report submitted to the Legislature by the 
Commission To Study the Role of Water as a Resource in the State of Maine pursuant to 
Resolve 2021, chapter 185.  The commission shall develop findings and recommendations, 
including any suggested legislation, to ensure that there is adequate clean, safe and 
accessible drinking water for the State's residents and to meet the needs of commercial and 
business interests now and in the future, which may include, but are not limited to, 
consideration of the following matters:
A. Promoting public access to information about the State's water resources, 
consolidating and centralizing access to existing water use and water resource data and 
enhancing or supplementing water use and water resource monitoring and data 
collection and the analysis of that data;
B. Enhancing drought preparedness and drought resilience by agricultural producers 
and others;
C. Reviewing the legal status of groundwater rights and ownership in Maine, including, 
but not limited to, further review of the Supreme Judicial Court's opinion in Maddocks 
v. Giles, 1999 ME 63, and the approaches to this issue taken by other states;
D. Protecting public and private drinking water sources from perfluoroalkyl and 
polyfluoroalkyl substances contamination and other contaminants;
E. Identifying any changes to state laws or rules regulating the large-scale extraction 
of groundwater for public or private use that may be necessary to ensure adequate 
supply for all users; and
F. Reviewing a proposed major substantive rule of the Maine Public Drinking Water 
Commission under the Maine Revised Statutes, Title 22, section 2660-C under section 
regarding the transfer of a permit or contract in a sale of assets of an entity engaged 
in the exporting from the State of water extracted in the State and making 
recommendations, if any, to the Maine Public Water Drinking Commission.
5. Staff assistance.  The Legislative Council shall provide necessary staffing services 
to the commission, except that Legislative Council staff support is not authorized when the 
Legislature is in regular or special session.
6. Report.  No later than December 6, 2023, the commission shall submit a report that 
includes its findings and recommendations, including any recommended legislation, to the 
Joint Standing Committee on Taxation. After reviewing the report, the joint standing 
committee may report out legislation to implement any of the recommendations included 
in the report.
Sec. 10.  Maine Public Drinking Water Commission to adopt major 
substantive rules.  The Maine Public Drinking Water Commission under the Maine 
Revised Statutes, Title 22, section 2260-C shall adopt major substantive rules under Title 
5, chapter 375, subchapter 2-A regarding the transfer of a permit or contract in a sale of 
assets of an entity engaged in the exporting from the State of water extracted in the State. 
Prior to legislative review of the rules under Title 5, section 8072, the commission shall 
submit for review the proposed rules to the Commission to Study the Role of Water as a 
Resource in the State of Maine under section 9.
SUMMARY
This bill does the following.
1. It amends the membership of the Water Resources Planning Committee and the 
Maine Public Drinking Water Commission by prohibiting a person who has received 
income from an entity engaged in the export from the State of water extracted in the State 
or has an immediate family member who has received income from such an entity from 
serving as a member.
2. It amends the duties of the Water Resources Planning Committee to include planning 
for the sustainable use of water resources by encouraging the consolidation and 
centralization of collected state water resources information within a single state agency, 
ensuring public access to that information and identifying opportunities and resources to 
enhance or supplement the collection of state water resources information.  It requires the 
Water Resources Planning Committee to submit a report to relevant joint standing 
committees of the Legislature including a summary of the Water Resources Planning 
Committee's activities during the prior calendar year and any findings and 
recommendations.
3. It amends the duties of the Maine Agricultural Water Management Board to include 
recommendations for measures to enhance drought preparedness and drought resilience by 
agricultural producers and requires the board to submit a report to the Joint Standing 
Committee on Taxation including a summary of the board’s activities during the prior 
calendar year and any findings and recommendations.
4. It establishes the Commission to Study the Role of Water as a Resource in the State 
of Maine to develop findings and recommendations, including any suggested legislation, 
to ensure that there is adequate clean, safe and accessible drinking water for the State's 
residents and to meet the needs of commercial and business interests now and in the future. 
This study is designed to build off the work of the Commission to Study the Role of Water 
as a Resource in the State of Maine that was established pursuant to Resolve 2021, chapter 
185. The commission is also required to review proposed major substantive rules of the 
Maine Public Drinking Water Commission regarding the transfer of a permit or contract in 
a sale of assets of an entity engaged in the exporting from the State of water extracted in 
the State and making recommendations, if any, to the Maine Public Water Drinking 
Commission.
5. It requires the Maine Public Water Drinking Commission to adopt major substantive 
rules regarding the transfer of a permit or contract in a sale of assets of an entity engaged 
in the exporting from the State of water extracted in the State and to submit the proposed 
rules to the Commission to Study the Role of Water as a Resource in the State of Maine 
established under this bill for review before submitting the proposed rules for legislative 
review.