An Act to Amend Provisions of the Maine Metallic Mineral M'ining Act
Maine Legislature, Session 131, LD 1471
Committee Amendment CA_A_S662 (Senate)

COMMITTEE AMENDMENT "ft " to S.P 590, L.D. 1471, "An Act to Amend
Provisions of the Maine Metallic Mineral M'ining Act"
Amend the bill by striking out the title and substituting the following:
'Resolve, Regarding Legislative Review of Portions of Chapter 200: IVIetallic Mineral
Exploration, Advanced Exploration and Mining, a Late-filed Maj or Substantive Rule
of the Department of Environmental Protection'
Amend the bill by striking out everything after the title and inserting 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, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires
legislative authorization before major substantive agency rules may be finally adopted by
the agency; and
Whereas, a major substantive rule was submitted to the Legislature outside the
legislative rule acceptance period and a legislative instrument to allow for legislative
review was not prepared; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's
position on final adoption of the rule; 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, be it
Sec. 1. Adoption. Resolved: That, notwithstanding any provision of the Maine
Revised Stahites, Title 5, chapter 375, subchapter 2-A to the contrary, and using this resolve
as provided in Title 5, section 8072, subsection 1 1, the Legislature authorizes final adoption
of portions of Chapter 200: Metallic Mineral Exploration, Advanced Exploration and
Mining, a provisionally adopted major substantive rule of the Department of
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT " ^ " to S.P. 590, L.D. 1471 / S -iti^
Environmental Protection that was submitted Februaiy 29, 2024 to the Legislatire for
review pursuant to Title 5, chapter 375, subchapter 2-A outside the legislative rule
acceptance period, only if the following changes are made:
1. The rule must be amended, as necessary, in section 36(B), and any other relevant
sections to provide that, as part of a preapplication mine waste and ore sampling and testing
plan, proposed rock sampling under such plan must:
A. Include a minimum of 4 samples per acre of proposed exclusion area, except that
the department may require less than 4 but not less than 2 samples per acre in cases
where the department determines that the geology is uniform and not complex, such
that requiring less than 4 but not less than 2 samples per acre is appropriate; and
B. Be conducted by a qualified professional;
2. The rule must be amended, as necessary, in section 36(C), and any other relevant
sections to provide that, as part of a preapplication water quality evaluation plan, proposed
water quality testing on groundwater and surface water samples from a proposed exclusion
area must include, but not be limited to, testing for perfluoroalkyl and polyfluoroalkyl
substances, or PFAS, The rule must also require water quality testing on groundwater and
surface water samples from reclaimed portions of an exclusion area, as directed by the
department, that includes, but is not limited to, testing of those samples for PFAS;
3. The rule must be amended, as necessaiy, in section 39 to require, as a condition of
the department's approval of an exclusion application, that all lighting fixtures implemented
or used by the licensee within the exclusion area must be designed to reduce, to the greatest
extent practicable, the glare and light pollution on all adjacent areas through the use of
shielding, reflectors, light diffusors and other measures, as specified by the department.
The rules must establish requirements for allowable lighting fixtures within the exclusion
area that limit each lighting fixture to a light emittance rating of not more than 2,000 lumens
and a correlated color temperature of not more than 3,OOOK;
4, The rule must be amended, as necessary, in section 39 to require, as a condition of
the department's approval of an exclusion application, that reclamation within an exclusion
area must, to the greatest extent practicable, be designed to result in restoration of natural
0 vegetation and other wildlife and aquatic resources that existed prior to the commencement
of mining activities within the exclusion area;
5. The rule must be amended, as necessary, in section 39(D)(4), and any other relevant
sections, to provide that the total area within an exclusion area that is actively used for the
physical extraction of metallic minerals and not yet reclaimed does not exceed 5 acres.
A. In calculating whether the 5-acre limit is reached, the rule may not include the areas
6 within an exclusion area that are not actively used for the physical extraction of metallic
minerals, including, but not limited to, areas where extracted material is stockpiled or
stored; areas where extracted material is crushed, ground or physically sorted; areas
that include buildings or other structures relating to or supporting mining activities;
and access roads, parking lots and related infrastructure,
B. Once the 5-acre limit is reached, the rule must require reclamation in order to
expand the area within the exclusion area that is actively used for the physical
extraction of metallic minerals such that, at any time, a maximum of 5 acres in total are
actively used for the physical extraction of metallic minerals and not yet reclaimed,
f
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT " /J-" to S.P. 590, L.D. 1471 / C.,1
The rule must provide for the requirements and standards applicable to the reclamation of
all areas within the exclusion area, including those areas not actively used for the physical
extraction of metallic minerals; and
6. All other necessary changes must be made to the rule to ensure conformity and
consistency throughout the rule and to ensure consistency between the rule and the
provisions of the Maine Revised Statutes, Title 3 8, section 490-NN, subsection 4, including
any necessary grammatical, formatting, punctuation or other technical, nonsubstantive
editing changes.
The Department of Environmental Protection is not required to hold hearings or
undertake further proceedings prior to final adoption of the rule in accordance with this
section.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment replaces the bill with a resolve and adds an emergency preamble and
clause. It provides for legislative review of portions of Chapter 200: Metallic Mineral
Exploration, Advanced Exploration and Mining, a maj or substantive rule of the Department
of Environmental Protection that was filed outside the legislative rule acceptance period on
February 29, 2024. The amendment approves final adoption of the rule only if certain
changes are made to the rule, as specified in the amendment, prior to final adoption.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 04/02/24 ^K?<=-
LD 1471 LR 2272(02)
An Act to Amend Provisions of the Maine Metallic Mineral Mining Act
Fiscal Note for Bill as Amended by Committee Amendment "^ (<;, ],//
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - Other Special Revenue Funds
Fiscal Detail and Notes
Any additional costs to the Department of Environmental Protection to adopt the changes in this resolve are expected
to be minor and can be absorbed within existing budgeted resources.
LR2272(02) - Fiscal Note - Page 1 of 1