HP1224
LD 1725
Second Regular Session - 124th Maine Legislature
H "A" to C "B", Filing Number H-778, Sponsored by DUCHESNE
Text: MS-Word, RTF or PDF
LR 2540
Item 5
Bill Tracking Chamber Status

Amend the amendment by striking out all of section 1 and inserting the following:

Sec. 1. Adoption. Resolved: That final adoption of portions of Section 10: Stream Crossings within Chapter 305 Permit by Rule Standards, a provisionally adopted major substantive rule of the Department of Environmental Protection that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2A, is authorized only as it applies to the construction of new stream crossings undertaken on or after the effective date of this resolve; and be it further

Sec. 2. Department review and report; rulemaking; authority for legislation. Resolved: That the Department of Environmental Protection, with the Department of Transportation, the Department of Inland Fisheries and Wildlife and the Department of Marine Resources, referred to in this section as "the departments," shall conduct a series of meetings with municipal public works officials to provide training, information and opportunities to evaluate stream crossings subject to the requirements of the rule approved pursuant to section 1 and stream crossings in existence on the effective date of this resolve that may be subject to rules adopted pursuant to this section. The meetings must be held in locations around the State sufficient to provide for widespread participation by municipal officials and must provide opportunities for field work for the departments and municipal officials to examine specific crossing examples. The Department of Environmental Protection shall adopt major substantive rules in accordance with Public Law 2009, chapter 460, sections 3 and 4 regarding stream crossings in existence on the effective date of this resolve and shall submit the provisionally adopted rules to the Legislature by January 1, 2011 for review by the joint standing committee of the Legislature having jurisdiction over natural resources matters. By January 5, 2011, the Department of Environmental Protection and the Department of Transportation shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the outreach and field work activities undertaken by the departments and on the impact of the rule. Following its review of the report, the committee may submit a bill by April 30, 2011 to the First Regular Session of the 125th Legislature regarding suggested revisions to Section 10: Stream Crossings within Chapter 305 Permit by Rule Standards.’

SUMMARY

This amendment authorizes portions of Section 10: Stream Crossings within Chapter 305 Permit by Rule Standards only as it applies to construction of new stream crossings undertaken on or after the effective date of this resolve.

The amendment also directs the Department of Environmental Protection, with the Department of Transportation, the Department of Inland Fisheries and Wildlife and the Department of Marine Resources, to conduct a series of meetings with municipal public works officials to provide training, information and opportunities to evaluate stream crossings. The amendment directs the Department of Environmental Protection to adopt major substantive rules regarding stream crossings that are already in existence on the effective date of this resolve and requires that the provisionally adopted rules be submitted to the Legislature by January 1, 2011 for review by the joint standing committee of the Legislature having jurisdiction over natural resources matters. The amendment directs the Department of Environmental Protection and the Department of Transportation to report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the outreach and field work activities undertaken by the departments and on the impact of the rule not later than January 5, 2011. It also authorizes the committee to submit a bill by April 30, 2011 to the First Regular Session of the 125th Legislature regarding suggested revisions to the rule.


Top of Page