An Act to Exempt
Maine Legislature, Session 132, LD 0795
Committee Amendment CA_A_S38 (Senate)
Amends: 25 MRSA §2473-A

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COMMITTEE AMENDMENT " f\ " to S.P. 360, L.D, 795, "An Act to Exempt
Pegmatite Mining from tlie Maine Metallic Mineral Mining Act and Establish a Permit-by-
rule Process"
Amend the bill by striking out the title and substituting the following;
'An Act to Establish a Waiver Process from tlie Permit Requirements for the Use of
Explosives in Recreational or Hobby Mining Activities'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 25 MRSA §2473-A is enacted to read:
S2473-A. Waiver of permit reuuirements for recreational or hobby minine
Notwithstanding section 2473. a person intendine to conduct recreational or hobby
mining activities may request and the commissioner may approve a waiver from ttie permit
requirements of section 2473 for the possession, use, storage and transportation of
ext)lQsjyes for use in the recreational or hobby mining activities,
1, Criteria for aonroval. The commissioner may apm'ove a waiver under this section
if the commissioner determines that;
A. The person reauestine the waiver has not committed aiw violations oftliis chapter
or the rules adopted pursuant to this chapter or any other violations of law or rules
relating to public safety;
8 B. The person requesting the waiver has demonstrated to the commissioner's
satisfaction that compliance with the requirements of this chapter is impractical with
respect to the recreational or hobby mining activities the person intends to conduct;
C. ApDi'ovine the waiver will not compromise public safety or pose a risk to public or
private property;
COMMITTEE AMENDMENT
o^
$.•• COMMITTEE AMENDMENT " f\" to S.P. 360, L.D. 795 (^' •
D. Tlie person requesting the waiver has agreed to implement a{temative_safe&
measyres for the possession, use. storage and transportation of explosives as directed
by the commissioner; and
E. The person requesting the waiver had previously been issued a waiver fromjhe
requirements of section 2473 by the commissioner prior to March 4.2025.
2. Rules. The commissioner may adopt rules as necessary to implement this section.
Rules adopted pursuant to this subsection are routine technical rules as definedin Title 5.
chapter 375, subchapter 2-A.
As used in this section, "recreational or hobby mining activities" means mining
activities for which a person is not required to obtain a permit under the Maine Metallic
Mineral Mining Act and that are conducted for a nQiicommercial purpose,'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
mun ber to read consecutively,
SUMMARY
Tliis amendment changes the title of and replaces the bill. It amends the laws regulating
explosives and flammable liquids to provide that the Commissioner of Public Safety may
approve a waiver from the requirement that a person possessing, using, storing or
transporting explosives obtain a permit from the commissioner if the person is intending to
conduct recreational or hobby mining activities and satisfies other specified criteria,
including a requirement that the person requesting the waiver had previously been issued a
waiver from the permit requirements prior to March 4, 2025. The amendment defines
"recreational or liobby inining activities" as mining activities that are not required to obtain
a permit under the Maine Metallic Mineral Mining Act and that are conducted for a
noncommercial purpose.
FISCAL NOTE REQUmED
(See attached)
COMMITTEE AMENDMENT
Approved: 04/14/25 t-KI-
LD 795 LR 1704(02)
An Act to Exempt Pegmatite Mining from the Maine Metallic Mineral Mining Act and Establish a
Permit-by-rule Process
Fiscal Note for Bill as Amended by Committee Amendment *^'Y<,< '5<^'
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 Public Safety associated with reviewing and issuing requests for waivers of
permits and rule making are expected to be minor and can be absorbed within existing budgeted resources.
LR 1704(02) - Fiscal Note - Page 1 of 1