An Act to Create the Storm Water Infrastructure Repair and Replacement Fund
Maine Legislature, Session 131, LD 1570
Committee: Environment and Natural Resources
Sponsors: ANKELES, DAUGHTRY, BELL, DILL, FAY, GRAMLICH, JAUCH, KESSLER, MALON, STOVER
Amends: 38 MRSA §420-F

Legislative Document
No. 1570
H.P. 1015
House of Representatives, April 11, 2023
An Act to Create the Storm Water Infrastructure Repair and 
Replacement Fund
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative ANKELES of Brunswick.
Cosponsored by Senator DAUGHTRY of Cumberland and
Representatives: BELL of Yarmouth, DILL of Old Town, FAY of Raymond, GRAMLICH of 
Old Orchard Beach, JAUCH of Topsham, KESSLER of South Portland, MALON of 
Biddeford, STOVER of Boothbay.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §420-F is enacted to read:
§420-F.  Storm Water Infrastructure Repair and Replacement Fund
1.  Fund established.  The Storm Water Infrastructure Repair and Replacement Fund, 
referred to in this section as "the fund," is established in the department to issue grants to 
municipalities to repair or replace storm water infrastructure.  A grant may be issued to a 
municipality to repair or replace storm water infrastructure that is damaged, is nearing the 
end of its life expectancy, has failed or is a hazard, or for any other purpose determined by 
rule by the department.  The fund consists of money received as appropriations, allocations 
and contributions from private and public sources.  The fund, to be accounted within the 
department, must be held separate and apart from all other money, funds and accounts.  
Eligible investment earnings credited to the assets of the fund become part of the assets of 
the fund.  Any unexpended balances remaining in the fund at the end of any fiscal year do 
not lapse and must be carried forward to the next fiscal year.  For the purposes of this 
subsection, "storm water infrastructure" includes, but is not limited to, culverts, pipes, catch 
basins, treatment ponds, treatment devices and storm water infiltration systems.
2.  Rules.  The department shall adopt routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A to carry out the purposes of the fund.
Sec. 2. Storm Water Infrastructure Repair and Replacement Fund; 
alternative funding sources.  The Department of Environmental Protection shall 
explore alternative stable funding sources for the Storm Water Infrastructure Repair and 
Replacement Fund established in the Maine Revised Statutes, Title 38, section 420-F.  By 
December 6, 2023, the department shall submit a report and recommendations, including 
any suggested legislation, to the Joint Standing Committee on Environment and Natural 
Resources.  The committee may submit legislation related to the report to the Second 
Regular Session of the 131st Legislature.
Sec. 3. Transfer from unappropriated surplus of General Fund to Storm 
Water Infrastructure Repair and Replacement Fund. Notwithstanding any 
provision of law to the contrary, the State Controller shall transfer $10,000,000 by October 
1, 2023 from the unappropriated surplus of the General Fund to the Storm Water 
Infrastructure Repair and Replacement Fund, Other Special Revenue Funds account in the 
Department of Environmental Protection.
Sec. 4.  Appropriations and allocations.  The following appropriations and 
allocations are made.
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Storm Water Infrastructure Repair and Replacement Fund  N438
Initiative: Provides allocation for grants to municipalities to repair or replace storm water 
infrastructure.
OTHER SPECIAL REVENUE FUNDS
2023-24
2024-25
All Other
$9,999,500
$500
__________
__________
OTHER SPECIAL REVENUE FUNDS TOTAL
$9,999,500
$500
Storm Water Infrastructure Repair and Replacement Fund  N438
Initiative: Provides funding for one Environmental Engineer position and associated costs.
GENERAL FUND
2023-24
2024-25
POSITIONS - LEGISLATIVE COUNT
1.000
1.000
Personal Services
$74,553
$104,774
All Other
$3,141
$4,188
__________
__________
GENERAL FUND TOTAL
$77,694
$108,962
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF
DEPARTMENT TOTALS
2023-24
2024-25
GENERAL FUND
$77,694
$108,962
OTHER SPECIAL REVENUE FUNDS
$9,999,500
$500
__________
__________
DEPARTMENT TOTAL - ALL FUNDS
$10,077,194
$109,462
SUMMARY
This bill establishes the Storm Water Infrastructure Repair and Replacement Fund in 
the Department of Environmental Protection for the purpose of issuing grants to 
municipalities to repair or replace storm water infrastructure. It provides funding for grants 
and one Environmental Engineer position. It also requires the department to explore 
alternative stable funding sources for the fund and to submit recommendations to the Joint 
Standing Committee on Environment and Natural Resources. The committee is authorized 
to submit legislation to the Second Regular Session of the 131st Legislature.