An Act to Implement Critical Reforms to the Department of Environmental Protection Outlined in the State COVID-19 Reopening Plan (AFTER DEADLINE)
Maine Legislature, Session 131, LD 1997
Committee: Environment and Natural Resources
Sponsors: STEWART, FAULKINGHAM, TERRY
Amends: 5 MRSA §13055, 38 MRSA §485-A

Legislative Document
No. 1997
S.P. 822
In Senate, May 23, 2023
An Act to Implement Critical Reforms to the Department of 
Environmental Protection Outlined in the State COVID-19 
Reopening Plan
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator STEWART of Aroostook.
Cosponsored by Representatives: FAULKINGHAM of Winter Harbor, TERRY of Gorham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §13055, sub-§1, ¶F, as amended by PL 2003, c. 673, Pt. M, §2, 
is further amended to read:
F.  The Office of Community Development; and
Sec. 2.  5 MRSA §13055, sub-§1, ¶G, as enacted by PL 2003, c. 673, Pt. M, §2, is 
amended to read:
G.  The Office of Innovation.; and
Sec. 3.  5 MRSA §13055, sub-§1, ¶H is enacted to read:
H.  The State Regulatory Ombudsman Program.
Sec. 4.  5 MRSA c. 383, sub-c. 11 is enacted to read:
SUBCHAPTER 11
STATE REGULATORY OMBUDSMAN PROGRAM
§13120-U. State Regulatory Ombudsman Program
The commissioner shall establish and implement pursuant to this section the State 
Regulatory Ombudsman Program, referred to in this section as "the program." The program 
is established to facilitate permitting for developers working on projects of critical impact.  
The commissioner shall adopt rules to implement the program.  Rules adopted pursuant to 
this section are routine technical rules as defined in chapter 375, subchapter 2-A.
Sec. 5.  38 MRSA §485-A, sub-§1, as affected by PL 1989, c. 890, Pt. A, §40 and 
amended by Pt. B, §92, is further amended to read:
1.  Application.  Any person intending to construct or operate a development shall, 
before commencing construction or operation, notify the commissioner in writing of the 
intent, nature and location of the development, together with such other information as the 
board may by rule require.  The Within 90 days, the department shall approve the proposed 
development, setting forth such terms and conditions as are appropriate and reasonable, 
disapprove the proposed development, setting forth the reasons for the disapproval, or 
schedule a hearing in the manner described in section 486‑A.
Sec. 6.  Task force related to regulatory processes. A task force related to 
regulatory processes is established within the Department on Economic and Community 
Development to make recommendations on ways to make regulatory processes faster, more 
transparent and more accessible.  The Commissioner of Economic and Community 
Development shall convene relevant stakeholders as members of the task force, including 
regulatory staff, economic development staff and development consultants.  The task force 
shall:
1. Make recommendations regarding a fast-track program within the department that 
makes regulatory processes faster, more transparent and more accessible by exploring:
A. Expanding the use of special fee project permitting to expedite the review of projects 
with potentially significant positive economic, social or environmental effects;
B. Predesignating projects of critical impact if the projects meet certain criteria as 
determined by the department; and
C. Creating permitting schedules with clear timeline targets at relevant milestones that 
meet all requirements in applicable law to complete environmental review and 
permitting in a timely manner;
2. Review executive orders and rule changes during the state of emergency related to 
the COVID-19 pandemic to determine which orders and rule changes had a positive impact 
on the State's prosperity and make recommendations about incorporating the changes into 
law; and
3. Identify duplicative requirements across local, state and federal permits and make 
recommendations to reduce duplicative requirements.
No later than December 6, 2023, the task force shall submit a report with its 
recommendations, including any suggested legislation, to the Joint Standing Committee on 
Environment and Natural Resources.  The committee may report out legislation relating to 
the report to the Second Regular Session of the 131st Legislature.
Sec. 7.  Online permitting system within the Department of Environmental 
Protection.  The Department of Environmental Protection shall develop and implement 
an online permitting system that enables tracking of permit applications handled by the 
department.
SUMMARY
This bill:
1. Establishes the State Regulatory Ombudsman Program within the Department of 
Economic and Community Development to facilitate permitting for developers working on 
projects of critical impact;
2. Provides that the department must approve, disapprove or schedule a hearing on an 
application to construct or operate a development within 90 days of receipt of the 
application;
3. Establishes a task force related to regulatory processes to make recommendations to 
the Joint Standing Committee on Environment and Natural Resources to make regulatory 
processes faster, more transparent and more accessible; and
4. Requires the Department of Environmental Protection to develop and implement an 
online permitting system that enables tracking of permit applications handled by the 
department.