An Act to Establish the
Maine Legislature, Session 132, LD 1904
Committee Amendment CA_A_S523 (Senate)
Amends: 38 MRSA §450, 38 MRSA §480-R

COMMITreE AMENDMENT " A " to S,P. 745, L.D, 1904, "An Act to Establish the
Municipal Shoreline Protection Legal Fund"
Amend the bill by striking out eveiything after the enacting clause and inserting the
following:
-See. 1. 38 MRSA §450 is enacted to read:
§450. Municipal Shoreline Protection Legal Fund
1. Fund established. The Municipal Shoreline Protection Legal Fund. referred to in
this section as "the fund." is established within the department to provide financial
assistance to municbalities that have incurred or expect to incur leeal costs in pursuine
shoreland zonine violations. The fund consists of money received from any public or
nrivate source, including, but not limited to. any monetai-v penalties deposited in the fund
in accordance with section 480-R. subsection 1. The fund must be held separate and aoart
from all other money. funds and accounts. Interest earned by the fund must be credited to
the fund, Any unexoended balances remainine in tlie fund at the end of any fiscal year do
not lapse and must be carried forward to the next fiscal year,
2, Adminish'atiQns^^^^ in fund. The department shall administer the fund,
In accordance with rules adopted by the department pursuant to subsection 4. the
department shall use money in the fund to provide financial assistance to municipalities
that have incurred or expect to incur legal costs in pursuing shoreland zoiune violations.
The department may use money in the fund to cover the department's actual costs incurred
in administerine the fund.
3. Reimbursement. In accordance with rules adopted by the department pursuant to
subsection 4. a mimicwalitv that receives financial assistance fi-om the fund under
subsection 2 may be required to reimburse the fund followine the settlement or final
adjudication of the leeal claiin for which the financial assistauce was received.
4. Rides. The department shall adopt rules necessary for the implementation and
administfation of the fund. including. but not limited to. rules establishine standards forlhe
provision of financial assistance from the fund to a municipality pursuant to subsection 2
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " [\ " to S,P. 745, L.D. 1904 (S"S2^)
and rules establishing standards for municipal reimbursement of financial assistenc.e
received from the fund pursuant to subsection 3, Rules adopted pursuant to this subsection
are routine technical rules as defined in Title 5. chapter 375. subchaoter 2-A.
Sec. 2. 38 MRSA §480-R, sub-§l, as enacted by PL 1987,c.809, §2, is amended
by enacting at the end a new first blocked paragraph to read:
Notwithstandine any provision of law to the contrary.ofthe total penalties paid by all
persons found to have violated this article in any fiscal year. the commissioner shall ensure
that $100.000 of that amount, or the total amount of penalties paid in the fiscal veaLifthat
amount is less than $100.000. is deposited in the Municipal Shoreline Protection Leeal
Fund established in section 450.
Sec. 3. Transfer from General Fund unappropriated surplus; Department
of Environmental Protection, Municipal Shoreline Protection Legal Fund. On
or before September 1, 2026, the State Controller shall transfer $100,000 from the
unappropriated surplus of the General Fund to the Department of Environmental
Protection, Municipal Shoreline Protection Legal Fund, Other Special Revenue Funds
account to provide financial assistance to municipalities that have incurred or expect to
incur legal costs in pursuing shoreland zoning violations in accordance with the provisions
of the Maine Revised Statutes, Title 3 8, section 450.
Sec. 4. Appropriations and allocations. The following appropriations and
allocations are made.
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Land Resources Z188
Initiative: Provides funding for one Environmental Specialist III position and associated
All Other costs,
GENERAL FUND
POSITIONS " LEGISLATIVE COUNT
Personal Services
All Other
GENERAL FUND TOTAL $0 $101,881
Municipal Shoreline Protection Legal Fund N528
2 • Initiative; Provides ongoing allocations to allow for the provision of financial assistance to
municipalities that have incurred or expect to incur legal costs in pursuing shoreland zoning
4 violations in accordance with the Maine Revised Statutes, Title 3 8, section 450.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
AllOther $0 $100,000
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $100,000
ENVDEtONMENTAL PROTECTION,
DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
Page2-132LRlS07(02)
COMMITTEE AMENDMENT
2025-26
0.000
$0
$0
2026-27
1.000
$79,114
$22,767
COMMITTEE AMENDMENT"/^" to S.P. 745, L,D. 1904 (£y
GENERAL FUND $0 $101,881
OTHER SPECIAL REVENUE FUNDS $0 $100,000
DEPARTMENT TOTAL-ALL FUNDS $0 $201,881
Amend the bill by relettering or renuinbering any nonconseoutive Part letter or section
number to read consecutively,
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill. It
establishes the Municipal Shoreline Protection Legal Fund within the Department of
Environmental Protection to provide financial assistance to municipalities that have
incurred or expect to incur legal costs in pursuing shoreland zoning violations. In
accordance with rules adopted by the department, a municipality that receives financial
assistance from the fund may be requu'ed to reimburse the fond following the settlement or
final adjudication of the legal claim for which the financial assistance was received.
The amendment also amends tlie Natural Resources Protection Act to direct that, of the
total penalties paid by all persons found to have violated that Act in any fiscal year, the
Commissioner of Environmental Protection shall ensure that $ 100,000 of that amount, or
the total amount of penalties paid in the fiscal year if that amount is less than $ 100,000, is
deposited in the Municipal Shoreline Protection Legal Fund. It also directs the State
Controller, on or before September 1,2026, to transfer $100,000 from the unappropriated
surplus of the General Fund to the Department of Envu'onmental Protection, Municipal
Shoreline Protection Legal Fund, Other Special Revenue Funds account and provides a
corresponding allocation.
FISCAL NOTE REQUHUED
(See attached)
COMMITTEE AMENDMENT
A nnrnvc^ • m /1 •? rtA i.RL.
LD 1904 LR 1507(02)
An Act to Establish the Municipal Shoreline Protection Legal Fund
Fiscal Note for Bill as Amended by Committee Amendment "/i1 /c-c
Committee! Environment and Natural Resources
Fiscal Note Required; Yes
Fiscal Note
Potential current biennium revenue decrease - General Fund
Potential current biennium revenue increase - Other Special Revenue Funds
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund
Appropriations/Allocations
General Fund
Other Special Revenue Funds
Transfers
General Fund
Other Special Revenue Funds
$0
$0
$0
$0
$0
$201,881
$101,881
$100,000
($100,000)
$100,000
$106,477
$106,477
$100,000
$0
$0
$110,556
$110,556
$100,000
$0
$0
Fiscal Detail and Notes
This bill establishes the Municipal Shoreline Protection Legal Fund (MSPL) within the Department of Environmental
Protection (DEP), The bill also directs that, of the monetary penalties collected under the Natural Resources
Protection Act each fiscal year, up to the first $100,000 be deposited into the MSPL. Because these revenues are
currently credited to the General Fund, this provision will reduce General Fund revenue by the amount redirected to
the MSPL.
The DEP has indicated that administration of the MSPL will require additional staff and resources. Although the bill
authorizes the use ofMSPL resources for administrative costs, penalty revenue is variable and may not provide a
minimum level of funding to support a position within the fund, As a result, the bill includes ongoing General Fund
appropriations of $ 101,881 beginning in fiscal year 2026-27 for one Environmental Specialist III position and related
All Other costs,
The bill also includes a one-time transfer of $100,000 on or before September 1,2026 from the unappropriated surplus
of the General Fund to capitalize the MSPL, along with a corresponding ongoing allocations to authorize
expenditures,
LR1507(02) - Fiscal Note - Page I of 1