An Act to Exempt
Maine Legislature, Session 132, LD 0138
Committee Amendment CA_A_S210 (Senate)
Amends: 38 MRSA §480-E, 38 MRSA §485-A

COMMITTEE AMENDMENT " /\ » to S.P. 74, L.D, 138, "An Act to Exempt
Airports from Certain State Endangered and Threatened Species Habitat Protections"
Amend the bill by striking out the title and substituting the following:
'An Act Regarding the Permitting of Projects Affecting Public-use Airports Under
the Natural Resources Protection Act and the Site Location of Development Laws'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 38 MRSA §480-E, sub-§19 is enacted to read;
19. Public-use airpoi-ts. Notwithstandin&anvmsvisiono^^^^^^^
the department may riot include in any permit issued pursuant to this article any conditions
that. as determined by the department, would decrease safety within the air operations area
at a oublic-use airport.
As used in this subsection, the following terms have the followine meanines.
A. "Air operations area" has the same meanine as in 14 Code of Federal Reeulations.
Section 153.3, exceptthat. for a public-use airport that does not have an airport security
program, "air operations area" means those oortions of the mibljc-useau'port that. as
determined by the department, are substantially similar to those portions of an airoort
described in 14 Code of Federal Reeulations. Section 153,3, including aircraft
movement areas, aircraft uarkine areas, loadine ramps and safety areas for ^ise by
aircraft and any adjacent areas not separated by adequate security systems, measures
or procedures.
B. "Airport security proeram" means a security proeram apDroved by the Umted States
Transportation Services Administration under 49 Code of Federal Reeulatjons. Section
1542.101.
t
C. "Public-use airport" has the same meanine as in 49 United States Code, Section
47102f22\
Page I - 132LR0370(02)
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT " <M " to S.P. 74, L.D. 138
Sec. 2. 38 MRSA §485-A, sub-§l-E is enacted to read;
1-E. Public-use airnorts. Notwithstanding any Di'ovision of this mttcle tothe
contrary, the department may not include in any permit issued pursuant to this article any
conditions that. as determined by the department, would decrease safety within the air
operations area at a public-use airport.
As used in this subsection, the following terms have tlie foHowmg^ meanings.
A^ "Air operations area" has the same meaninK as m^^^^M^^^^^^
Section 153.3. except that. for a public-use airport that does not have an airport security
msgratn. "air opet'ations area" means those portions of the Dublic"use_a!mQrtthat> as
determined by the department. are substantially similar to those portions of an airport
described in 14 Code of Federal Regulations. Section 153.3. including aircraft
movement areas, aircraft parking areas. loading ramps and safety areasfor use bv
aircraft and any adjacent areas not separated by adequate security systems, measures
or procedures.
B. "Airport security program" means a security proeram aom'oved by the United States
Transportation Services Administration under 49 Code of Federal Reeulations. Section
1542.101.
C. "Public-use airport" has the same meaning as in 49 United States Code. Section
47102r22'>."
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment replaces the bill and changes the title, It amends the Natural
Resources Protection Act and the site location of development laws to provide that the
Department of Environmental Protection may not include in any permit issued pursuant to
. either article any conditions that, as determined by the department, would decrease safety
within the air operations area at a public-use airport. "Public-use airport" is defined to have
the same meaning as in 49 United States Code, Section 47102(22), "airport security
program" means a security program approved by the United States Transportation Services
Administration under 49 Code of Federal Regulations, Section 1542.101 and "ajr
operations area" is defined to have the same meaning as in 14 Code of Federal Regulations,
Section 153,3, except as otherwise specified for a public-use airport that does not have an
airport security program.
FISCAL NOTE REQUIRED
(See attached)
Page2-132LR0370(02)
COMMITTEE AMENDMENT
Revised: 04/11/25 t-Kt-
LD 138 LR 370(02)
An Act to Exempt Airports from Certain State Endangered and Threatened Species Habitat
Protections
Fiscal Note for Bill as Amended by Committee Amendment "A'/C.-^H 0'
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - Other Special Revenue Funds
Fiscal Detail and Notes
Any additional costs to the Department of Environmental Protection from the provisions of this bill are expected to be
minor and can be absorbed within existing budgeted resources.
LR0370(02) - Fiscal Note - Page 1 of 1