An Act Regarding Environmental Justice
Maine Legislature, Session 131, LD 1621
Committee: Environment and Natural Resources
Sponsors: TALBOT ROSS, BENNETT, BELL, BRIDGEO, DOUDERA, FAY, GRAMLICH, HOBBS, BRENNER, CARNEY
Amends: 38 MRSA §349-C

Legislative Document
No. 1621
H.P. 1046
House of Representatives, April 12, 2023
An Act Regarding Environmental Justice
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Senator BENNETT of Oxford and
Representatives: BELL of Yarmouth, BRIDGEO of Augusta, DOUDERA of Camden, FAY of 
Raymond, GRAMLICH of Old Orchard Beach, HOBBS of Wells, Senators: BRENNER of 
Cumberland, CARNEY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §349-C is enacted to read:
§349-C.  Environmental justice
1.  Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Environmental justice" means the fair treatment and meaningful involvement of 
all people regardless of race, color, national origin or income with respect to the 
development, implementation and enforcement of environmental laws, rules, 
regulations and policies.
B.  "Fair treatment" means that no group of people bears a disproportionate share of 
the negative environmental consequences resulting from industrial, governmental or 
commercial operations or policies.
C.  "Frontline communities" means those people and communities that experience the 
consequences of climate change first and to a greater degree than other people and 
communities.
D. "Meaningful involvement" means, with respect to the department's decision-making 
process, that:
(1)  People and communities have an opportunity to participate in the 
decision-making process regarding activities that have the potential to affect the 
environment or public health;
(2)  The department seeks out and facilitates the involvement in the 
decision-making process of potentially affected people and communities;
(3)  The contributions of people and communities to the decision-making process 
can influence the department's decision making; and
(4)  The department considers in its decision making the concerns and 
contributions of people and communities provided as part of the decision-making 
process.
2.  Consideration of environmental justice populations and frontline communities.  
The department shall ensure that persons in environmental justice populations and frontline 
communities are provided with fair and equitable access to the department's 
decision-making processes under section 341-H. The department shall adopt rules 
establishing procedures to implement this subsection.
A.  Rules adopted by the department pursuant to this subsection must define 
"environmental justice populations," taking into consideration, at a minimum, median 
household income, race, ethnicity and English language proficiency. 
B.  Rules adopted by the department pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A, except that the board shall hold 
a hearing in accordance with Title 5, section 8052 prior to the adoption of any rule 
proposed pursuant to this subsection.
Sec. 2.  Appropriations and allocations.  The following appropriations and 
allocations are made.
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Maine Environmental Protection Fund 0421
Initiative: Provides one-time funding for facilitator services, travel expenses, facility 
rentals and meeting expenses.
GENERAL FUND
2023-24
2024-25
All Other
$150,000
$0
__________
__________
GENERAL FUND TOTAL
$150,000
$0
Maine Environmental Protection Fund 0421
Initiative: Provides funding for one Public Service Coordinator I position, 2 Law Clerk 
positions, one GIS Coordinator position and associated position costs.
GENERAL FUND
2023-24
2024-25
POSITIONS - LEGISLATIVE COUNT
4.000
4.000
Personal Services
$210,522
$294,731
All Other
$9,219
$12,292
__________
__________
GENERAL FUND TOTAL
$219,741
$307,023
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF
DEPARTMENT TOTALS
2023-24
2024-25
GENERAL FUND
$369,741
$307,023
__________
__________
DEPARTMENT TOTAL - ALL FUNDS
$369,741
$307,023
SUMMARY
This bill enacts a provision that requires fair and equitable access to Department of 
Environmental Protection decision-making processes for environmental justice 
populations and frontline communities. The bill provides appropriations for various 
positions in the department and for facilitator services, travel expenses, facility rentals and 
meeting expenses.