124th MAINE LEGISLATURE
		LD 1575		LR 2261(02)
	An Act To Establish a Residential Wood Stove Replacement Fund
	Fiscal Note for Bill as Amended by Committee Amendment "   "
	Committee: Natural Resources
	Fiscal Note Required: Yes
Fiscal Note
Potential current biennium revenue decrease - General Fund
			2009-10	2010-11	Projections 2011-12	Projections 2012-13
Appropriations/Allocations
	Other Special Revenue Funds		$0	$2,500,000	$2,500,000	$2,500,000
Fiscal Detail and Notes
	This bill establishes the Residential Wood Stove Replacement Fund and includes an annual allocation of $2,500,000 to the Department of Environmental Protection beginning in fiscal year 2010-11.  Money from the Fund will be used to provide financial incentives to replace certain wood stoves with models with lower emissions of pollution.  Revenue is anticipated from civil penalties for violations of air quality laws or rules administered by the Department of Environmental Protection.  Currently, violators in civil enforcement actions resolved by the department pay penalties into the General Fund or may agree to apply up to 80% of their penalty toward a supplemental environmental project (SEP) pursuant to 38 MRSA, section 349, subsection 2-A.  This bill allows the new fund to receive revenue in a similar manner but without the 80% restriction.  No estimate is made of the amount violators will agree to assign to this new purpose.  A similar funding mechanism was established for the Outdoor Wood Boiler Fund in 2008.  To date there have been no deposits to that fund.
	As there is nothing to prevent a violator whose penalty would have gone to the General Fund absent this bill from agreeing to contribute to the Residential Wood Stove Replacement Fund, the possibility exists for reduced revenue to the General Fund from penalties.