An Act to Assist Municipalities in Preventing Damage from Storm Water
Maine Legislature, Session 131, LD 0276
Committee Amendment CA_A_H43 (House)
Amends: 23 MRSA §3106

COMMITTEE AMENDJ\1ENT " A" to H.P. 174, L.D. 276, "An Act to Assist 
Municipalities in Preventing Damage from Storm Water" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 23 MRSA §3106, as amended by PL 2009, c. 501, §3, is further amended 
to read: 
§3106. Municipal assistance for purposes of protecting or restoring a great pond 
natural resources 
1. Repairs to a private read Protection or restoration of great ponds through 
repairs to private roads, ways or bridges. For the purpose of protecting or restoring a 
great pond, as defined in Title 38, section 480-B, subsection 5, a municipality may 
appropriate funds to repair a private road, way or bridge to prevent storm water runoff 
pollution from reaching a great pond if: 
A. The private road, way or bridge is within the watershed of the great pond; 
B. The great pond: 
(1) Is listed on the Department of Environmental Protection's list of bodies of 
water most at risk pursuant to Title 3 8, section 420-D, subsection 3; 
(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 13 l 5(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 
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the private road, way or bridge is contributing to the degradation of the water quality 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 174, L.D. 276 
of the great pond 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. Protection or restoration of protected natural resources through repairs to 
certain private roads, ways, bridges or storm water management systems. For the 
purpose of protecting or restoring a protected natural resource, a municipality or a regional 
community and economic development organization may appropriate funds to repair a 
private road, way, bridge or storm water management system to prevent storm water runoff 
pollution from reaching a protected natural resource if: 
A. The private road, way, bridge or storm water management system is within the 
watershed of the protected natural resource or is located within or immediately adjacent 
to the protected natural resource; 
B. With respect to a protected natural resource that is a great pond only, the great pond 
satisfies the criteria listed in subsection 1, paragraph B; 
C. The Department of Environmental Protection, the municipality or the regional 
community and economic development organization determines that the private road, 
way, bridge or storm water management system is contributing to the degradation of 
water quality within or immediately adjacent to the protected natural resource based 
upon an evaluation of the road, way, bridge or storm water management system 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, bridge or storm water management system is located wholly 
or partially within or immediately adjacent to a military installation closed pursuant to 
the federal Defense Base Realignment and Closure Act of 1990. 
1-B. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Protected natural resource" has the same meaning as in Title 3 8, section 480-B, 
subsection 8. 
B. "Regional community and economic development organization" means a quasi-
governmental entity established in statute for the purpose of addressing the 
development needs, problems and opportunities of municipalities and regions. 
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"Regional community and economic development organization" includes, but is not 
limited to, the Midcoast Regional Redevelopment Authority established in Title 5, 
section 13083-G. 
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 375, subchapter 2-A.
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 174, L.D. 276 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill and authorizes a municipality or a regional 
community and economic development organization to appropriate funds to repair a private 
road, way, bridge or storm water management system for the purpose of protecting or 
restoring a protected natural resource by preventing storm water runoff pollution from 
reaching the protected natural resource subject to certain specific requirements, including 
a requirement that the private road, way, bridge or storm water management system is 
located wholly or partially within or immediately adjacent to a military installation closed 
pursuant to the federal Defense Base Realignment and Closure Act of 1990. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/13/23 ~ae. 
LD276 
LR 492(02) 
An Act to Assist Municipalities in Preventing Damage from Storm Water 
Fiscal Note for Bill as Amended by Committee Amendment II' ( /-I-'f 3 \ 
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 of Environmental Protection from the provisions of this bill are expected t,... 'hP. 
minor and can be absorbed within existing budgeted resources. 
LR0492(02) - Fiscal Note - Page 1 of 1