An Act To Ensure Regulatory Fairness and Reform
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, during the First Regular Session of the 125th Legislature, the Joint Select Committee on Regulatory Fairness and Reform held 7 public meetings throughout the State and received hundreds of recommendations for regulatory reform from the public, the regulated business community, environmental advocacy groups and other stakeholders; and
Whereas, through 2 subsequent public hearings and numerous work sessions on those recommendations, the committee reached unanimous agreement on the provisions in this Act to implement a number of significant and critical regulatory reforms; and
Whereas, these reforms must take effect immediately to ensure regulatory fairness, improve the business climate of the State, encourage job creation and retention and expand opportunities for Maine people; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. A-1. 38 MRSA c. 2, sub-c. 1-A is enacted to read:
ENVIRONMENTAL AUDIT PROGRAM
§ 349-L. Scope of program
This subchapter is intended to enhance the protection of human health and the environment by encouraging regulated entities to voluntarily discover, disclose, correct and prevent violations of state and federal environmental requirements. An environmental audit program and a compliance management system developed under this subchapter may be part of a regulated entity's comprehensive environmental management system.
§ 349-M. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 349-N. Incentives
Subject to section 349-Q, and notwithstanding any other provision of law relating to penalties, the department may adjust or mitigate penalties for violations of environmental requirements in accordance with this section.
Whether or not the department recommends the regulated entity for criminal prosecution under this section, the department may recommend for prosecution the criminal acts of individual managers or employees under existing policies guiding the exercise of enforcement discretion.
§ 349-O. Conditions of discovery
The incentives established in section 349-N apply to a violation of an environmental requirement only if:
For regulated entities that own or operate multiple facilities, the fact that one facility is the subject of an investigation, inspection, information request or 3rd-party complaint does not preclude the department from exercising its discretion to apply the regulated entity's compliance management system to other facilities owned or operated by that regulated entity;
§ 349-P. Economic benefit
§ 349-Q. Application
This subchapter does not limit any authority of the department to adjust or otherwise mitigate any penalty imposed or sought by the department for a violation when the regulated entity responsible for the violation does not receive an incentive under this subchapter for the same violation.
§ 349-R. Rules
The board may adopt rules to implement the regulation of environmental audit programs established in this subchapter. Rules adopted under this section are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. B-1. 5 MRSA §8063-A is enacted to read:
§ 8063-A. Analysis of benefits and costs
In addition to the economic impact statement required under section 8052, subsection 5-A and the fiscal impact note required under section 8063, an agency may, within existing budgeted resources and in instances in which the consideration of costs is permitted, conduct an analysis of the benefits and costs of a proposed rule to evaluate the effects of the rule on the distribution of benefits and costs for specific groups and on the overall economic welfare of the State.
Prior to conducting a cost-benefit analysis under this section, an agency shall determine that sufficient staff expertise and budgeted resources exist within the agency to complete the analysis. The agency shall include a cost-benefit analysis with a copy of a proposed rule when responding to a request for the proposed rule under section 8053, subsection 3-A. When the analysis is conducted on a provisionally adopted major substantive rule, the analysis must be included with the materials submitted to the Executive Director of the Legislative Council under section 8072, subsection 2. A cost-benefit analysis conducted under this section is not subject to judicial review under section 8058.
Sec. C-1. 5 MRSA §13062, sub-§2, ¶B, as enacted by PL 1987, c. 534, Pt. A, §§17 and 19, is amended to read:
Sec. C-2. 5 MRSA §13063, as corrected by RR 1997, c. 2, §§17 and 18, is amended to read:
§ 13063. Business Ombudsman Program
The director shall be responsible for the implementation of establish and implement pursuant to this section the Business Assistance Referral and Facilitation Ombudsman Program , referred to in this section as "the program," and the director shall serve as the ombudsman for the program. The program is established to: resolve problems encountered by businesses dealing with other state agencies; facilitate responsiveness of State Government to small business needs; report to the commissioner and the Legislature on breakdowns in the economic delivery system, including problems encountered by businesses dealing with state agencies; assist businesses by referring businesses and persons to resources that provide the business services or assistance requested; provide comprehensive permit information and assistance; and serve as a central clearinghouse of information with respect to business assistance programs and services available in the State.
(1) Facilitating contacts for the applicant with state agencies responsible for processing and reviewing permit applications;
(2) Arranging conferences to clarify the interest and requirements of any state agency with respect to permit applications;
(3) Considering with state agencies the feasibility of consolidating hearings and data required of the applicant;
(4) Assisting the applicant in the resolution of outstanding issues identified by state agencies, including delays experienced in permit review; and
(5) Coordinating federal, state and local permit review actions to the extent practicable.
A retail business is not required to participate in the retail business permitting program. An enforcement action taken against a retail business for a permit obtained through the retail business permitting program does not affect other permits issued to that same retail business through that program.
During a review under Title 3, chapter 35 of a permit issuing agency, the joint standing committee having responsibility for the review shall recommend whether any of the permits issued by that agency should be included in the municipal centralized permitting program.
The director ombudsman may extend by rulemaking, but may not curtail, the department's centralized permitting program or the municipal centralized permitting program, except that the programs may not be extended to include additional issuing agencies.
Sec. C-3. Report. By February 15, 2012, the ombudsman for the Business Ombudsman Program established pursuant to the Maine Revised Statutes, Title 5, section 13063 within the Department of Economic and Community Development, Office of Business Development shall provide a report to the joint standing committee of the Legislature having jurisdiction over economic development matters on the effectiveness of comprehensive permit information and assistance services to businesses within the Business Ombudsman Program, as well as the program's success in implementing the retail business and municipal centralized permitting programs required pursuant to Title 5, section 13063. In preparing the report, the ombudsman shall work with the network manager of InforMe and the director of the Office of Information Systems to identify ways to incorporate electronic commerce options into the centralized permitting programs and shall include recommendations on those options in the report. The joint standing committee of the Legislature having jurisdiction over economic development matters may report out a bill to the Second Regular Session of the 125th Legislature relating to the permitting programs within the Business Ombudsman Program.
Sec. D-1. 5 MRSA §57, as amended by PL 2007, c. 676, §1, is repealed.
Sec. D-2. 5 MRSA c. 5, sub-c. 2 is enacted to read:
§ 90-N. Bureau established
The Bureau of the Special Advocate, referred to in this subchapter as "the bureau," is established within the Department of the Secretary of State to assist in resolving regulatory enforcement actions affecting small businesses that, if taken, are likely to result in significant economic hardship and to advocate for small business interests in other regulatory matters.
§ 90-O. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 90-P. Special advocate; appointment and qualifications
The Secretary of State shall appoint a special advocate to carry out the purposes of this subchapter. The special advocate shall serve at the pleasure of the Secretary of State.
§ 90-Q. Small business requests for assistance
A small business may file a complaint requesting the assistance of the special advocate in any agency enforcement action initiated against that small business. The special advocate may provide assistance to the small business in accordance with section 90-R, subsection 2. The special advocate shall encourage small businesses to request the assistance of the special advocate as early in the regulatory proceeding as possible. Before providing any assistance, the special advocate shall provide a written disclaimer to the small business stating that the special advocate is not acting as an attorney representing the small business, that no attorney-client relationship is established and that no attorney-client privilege can be asserted by the small business as a result of the assistance provided by the special advocate under this subchapter.
§ 90-R. Powers and duties of the special advocate
§ 90-S. Regulatory impact notice
At the recommendation of the special advocate, the Secretary of State may issue a regulatory impact notice to the Governor informing the Governor that an agency has initiated an agency enforcement action that is likely to result in significant economic hardship to a small business, when an alternative means of enforcement was possible, and asking that the Governor take action, as appropriate and in a manner consistent with all applicable laws, to address the small business issues raised by that agency enforcement action. The regulatory impact notice may include, but is not limited to, a description of the role of the special advocate in attempting to resolve the issue with the agency, a description of how the agency enforcement action will affect the interests of the small business and a description of how an alternative enforcement action, when permitted by law, would relieve the small business of the significant economic hardship expected to result from the agency enforcement action. The Secretary of State shall provide a copy of the regulatory impact notice to the agency that initiated the agency enforcement action, the small business that made the complaint and the joint standing committee of the Legislature having jurisdiction over the agency.
§ 90-T. Regulatory Fairness Board
The Regulatory Fairness Board, referred to in this section as "the board," is established within the Department of the Secretary of State to hear testimony and to report to the Legislature and the Governor at least annually on regulatory and statutory changes necessary to enhance the State's business climate.
The Secretary of State shall inform the joint standing committee of the Legislature having jurisdiction over business matters in writing upon the appointment of each member. Except for the Secretary of State, an officer or employee of State Government may not be a member of the board.
Sec. D-3. 5 MRSA §12004-I, sub-§2-G, as enacted by PL 2007, c. 676, §2, is amended to read:
|Business||Maine Regulatory Fairness Board||Expenses Only||5 MRSA §57 §90-T|
Sec. D-4. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 5, chapter 5, before section 81, the headnote "subchapter 1, general provisions" is enacted and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. D-5. Transition provisions; Regulatory Fairness Board. The terms of members appointed to the Maine Regulatory Fairness Board under the former Maine Revised Statutes, Title 5, section 57 are terminated on the effective date of this Act. Notwithstanding Title 5, section 90-T, subsection 2, the initial terms of members appointed to the Regulatory fairness Board must be staggered as follows:
1. The member appointed by the President of the Senate shall serve an initial term of 2 years;
2. The member appointed by the Speaker of the House shall serve an initial term of 2 years;
3. The first member appointed by the Governor shall serve an initial term of one year; and
4. The 2nd member appointed by the Governor shall serve an initial term of 3 years.
Sec. E-1. 5 MRSA §8057-A, sub-§4, as enacted by PL 1989, c. 574, §7, is amended to read:
Sec. E-2. 5 MRSA §8063-B is enacted to read:
§ 8063-B. Identification of primary source of information
For every rule proposed by an agency, except for emergency rules, the agency shall file with the Secretary of State citations for up to 3 primary sources of information relied upon by the agency in developing the proposed rule. The agency shall include that information with a copy of the proposed rule when responding to a request under section 8053, subsection 3-A. Professional judgment may be cited as one of those primary sources of information. Citations to primary sources of information are not subject to judicial review.
Sec. F-1. Rules; isopropyl alcohol and wood ash. The Commissioner of Environmental Protection shall adopt or amend rules as necessary that, consistent with rules adopted by the United States Environmental Protection Agency, provide that isopropyl alcohol and wood ash are not hazardous waste or solid waste if being used, reused or recycled as effective substitutes for commercial products. Rules adopted under this section are routine technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. F-2. Rules; beneficial reuse. The Board of Environmental Protection shall adopt or amend rules as necessary that, consistent with rules adopted by the United States Environmental Protection Agency governing the transfer, management, reclamation and reuse of hazardous and solid waste, allow and encourage the beneficial reuse of hazardous and solid wastes consistent with the protection of public health and the environment in order to preserve resources, conserve energy and reduce the need to dispose of such wastes. Rules adopted under this section are major substantive rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. G-1. 5 MRSA §8002, sub-§9, as amended by PL 1989, c. 574, §1, is further amended to read:
(1) Policies or memoranda concerning only the internal management of an agency or the State Government and not judicially enforceable;
(2) Advisory rulings issed issued under subchapter III 3;
(3) Decisions issued in adjudicatory proceedings; or
(4) Any form, instruction or explanatory statement of policy which that in itself is not judicially enforceable, and which that is intended solely as advice to assist persons in determining, exercising or complying with their legal rights, duties or privileges.
A rule is not judicially enforceable unless it is adopted in a manner consistent with this chapter.
Sec. H-1. 38 MRSA §341-B, as enacted by PL 1989, c. 890, Pt. A, §13 and affected by §40, is amended to read:
§ 341-B. Purpose of the board
The purpose of the Board of Environmental Protection is to provide informed, independent and timely decisions on the interpretation, administration and enforcement of the laws relating to environmental protection and to provide for credible, fair and responsible public participation in department decisions. The board shall fulfill its purpose through major substantive rulemaking, decisions on selected permit applications, review decisions on appeals of the commissioner's licensing and enforcement actions and recommending changes in the law to the Legislature.
Sec. H-2. 38 MRSA §341-C, sub-§1, as amended by PL 1995, c. 3, §6, is further amended to read:
Sec. H-3. 38 MRSA §341-C, sub-§2, as amended by PL 1997, c. 346, §2, is further amended to read:
Sec. H-4. 38 MRSA §341-D, sub-§1-B, as amended by PL 1999, c. 784, §6, is repealed.
Sec. H-5. 38 MRSA §341-D, sub-§1-C is enacted to read:
Sec. H-6. 38 MRSA §341-D, sub-§2, as amended by PL 2009, c. 615, Pt. E, §1, is further amended to read:
The board shall also decide each application for approval of permits and licenses that is referred to it jointly by the commissioner and the applicant.
The board shall assume jurisdiction over applications referred to it under section 344, subsection 2-A , when it finds that the at least 3 of the 4 criteria of this subsection have been met.
The board may vote to assume jurisdiction of an application if it finds that one or more of the at least 3 of the 4 criteria in of this subsection have been met.
Any interested party may request the board to assume jurisdiction of an application.
The board may not assume jurisdiction over an application for an expedited wind energy development as defined in Title 35-A, section 3451, subsection 4, for a certification pursuant to Title 35-A, section 3456 or for a general permit pursuant to section 480-HH or section 636-A.
Prior to holding a hearing on an application over which the board has assumed jurisdiction, the board shall ensure that the department and any outside agency review staff assisting the department in its review of the application have submitted to the applicant and the board their review comments on the application and any additional information requests pertaining to the application and that the applicant has had an opportunity to respond to those comments and requests. If additional information needs arise during the hearing, the board shall afford the applicant a reasonable opportunity to respond to those information requests prior to the close of the hearing record.
Sec. H-7. 38 MRSA §341-D, sub-§3, as amended by PL 1995, c. 642, §§1 and 2, is repealed and the following enacted in its place:
For the purposes of this subsection, "license" includes any license, permit, order, approval or certification issued by the department.
Sec. H-8. 38 MRSA §341-D, sub-§4, ¶B, as amended by PL 2007, c. 661, Pt. B, §2, is repealed.
Sec. H-9. 38 MRSA §341-D, sub-§4, ¶D, as amended by PL 2009, c. 615, Pt. E, §2, is further amended to read:
Sec. H-10. 38 MRSA §341-D, sub-§5, as amended by PL 1993, c. 356, §1, is repealed.
Sec. H-11. 38 MRSA §341-D, sub-§6, as enacted by PL 1989, c. 890, Pt. A, §13 and affected by §40, is repealed and the following enacted in its place:
Sec. H-12. 38 MRSA §341-D, sub-§7, as enacted by PL 1989, c. 890, Pt. A, §13 and affected by §40, is amended to read:
Sec. H-13. 38 MRSA §341-E, as enacted by PL 1989, c. 890, Pt. A, §13 and affected by §40, is amended to read:
§ 341-E. Board meetings
Board meetings held under section 341-D , subsections 1 to 7, are governed by the following provisions.
Sec. H-14. 38 MRSA §341-H is enacted to read:
§ 341-H. Departmental rulemaking
The department may adopt, amend or repeal rules and emergency rules necessary for the interpretation, implementation and enforcement of any provision of law that the department is charged with administering as provided in this section.
Sec. H-15. 38 MRSA §342, sub-§9, as enacted by PL 1989, c. 890, Pt. A, §18 and affected by §40, is amended to read:
Sec. H-16. 38 MRSA §342, sub-§11-A, as enacted by PL 1999, c. 784, §8, is amended to read:
Sec. H-17. 38 MRSA §342, sub-§11-B is enacted to read:
For the purposes of this subsection, "license" includes any license, permit, order, approval or certification issued by the department and "licensee" means the holder of the license.
Sec. H-18. 38 MRSA §344, sub-§2-A, ¶A, as amended by PL 2009, c. 615, Pt. E, §3, is further amended to read:
(1) The commissioner may not request the board to assume jurisdiction of an application for any permit or other approval required for an expedited wind energy development, as defined in Title 35-A, section 3451, subsection 4, a certification pursuant to Title 35-A, section 3456 or a general permit pursuant to section 480-HH or section 636-A. Except as provided in subparagraph (2), the commissioner shall issue a decision on an application for an expedited wind energy development, an offshore wind power project or a hydropower project, as defined in section 632, subsection 3, that uses tidal action as a source of electrical or mechanical power within 185 days of the date on which the department accepts the application as complete pursuant to this section or within 270 days of the department's acceptance of the application if the commissioner holds a hearing on the application pursuant to section 345-A, subsection 1-A.
(2) The expedited review periods of 185 days and 270 days specified in subparagraph (1) do not apply to the associated facilities, as defined in Title 35-A, section 3451, subsection 1, of the development if the commissioner determines that an expedited review time is unreasonable due to the size, location, potential impacts, multiple agency jurisdiction or complexity of that portion of the development. If an expedited review period does not apply, a review period specified pursuant to section 344-B applies.
The commissioner may stop the processing time with the consent of the applicant for a period of time agreeable to the commissioner and the applicant.
Sec. H-19. 38 MRSA §347-A, sub-§1, ¶A, as amended by PL 2003, c. 245, §5, is further amended to read:
(1) Resolving the violation through an administrative consent agreement pursuant to subsection 4, signed by the violator and approved by the board commissioner and the Attorney General;
(2) Referring the violation to the Attorney General for civil or criminal prosecution;
(3) Scheduling and holding an enforcement hearing on the alleged violation pursuant to subsection 2; or
(4) With the prior approval of the Attorney General, commencing a civil action pursuant to section 342, subsection 7 and the Maine Rules of Civil Procedure, Rule 3.
Sec. H-20. 38 MRSA §347-A, sub-§4, ¶D, as enacted by PL 1993, c. 204, §2, is amended to read:
Sec. H-21. 38 MRSA §353, sub-§3, as amended by PL 1997, c. 624, §2, is further amended to read:
The license fees for nonferrous metal mining must be paid annually on the anniversary date of the license for the life of the project, up to and including the period of closure and reclamation.
The license fee for a solid waste facility must be paid annually. Failure to pay the annual fee within 30 days of the anniversary date of a license is sufficient grounds for modification, revocation or suspension of the license under section 341-D, subsection 3 , paragraph A or section 342, subsection 11-B.
Sec. H-22. 38 MRSA §414-A, sub-§5, ¶C, as enacted by PL 1997, c. 794, Pt. A, §25, is amended to read:
Sec. H-23. 38 MRSA §489-A, sub-§10, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §102, is further amended to read:
Sec. H-24. Transition provisions. The following transition provisions apply to changes in the membership of the Board of Environmental Protection, rulemaking and the impact on pending proceedings.
1. Board membership. Notwithstanding the Maine Revised Statutes, Title 38, section 341-C, the terms of members of the Board of Environmental Protection serving on the effective date of this Act that would otherwise expire prior to September 16, 2011 are extended to September 16, 2011 and expire on that date.
2. Effect on existing rules. All rules adopted by the Board of Environmental Protection prior to the effective date of this Act that were not adopted as major substantive rules are deemed to be routine technical rules adopted by the Commissioner of Environmental Protection and continue in effect until amended or rescinded by the commissioner; and
3. Effect on pending proceedings. All regulatory proceedings pending before the Board of Environmental Protection or the Commissioner of Environmental Protection on the effective date of this Act are subject to the Maine Revised Statutes, Title 1, section 302.
Sec. I-1. Department of Health and Human Services to amend rules. The Department of Health and Human Services shall by emergency rulemaking rescind its adoption of Rule 10-144, Chapter 30: Maine Uniform Accounting and Auditing Practices for Community Agencies that took effect January 1, 2011 and reinstate Rule 10-144, Chapter 30 as in effect on December 31, 2010.
Sec. I-2. New rulemaking required. In accordance with the Maine Administrative Procedure Act, the Commissioner of Health and Human Services shall adopt such amendments to the Department of Health and Human Services' Rule 10-144, Chapter 30 to avoid duplication of federal standards and preserve the authority of community agency boards. In adopting those rules, the commissioner shall work cooperatively and in consultation with the Advisory Committee to the Commissioner established in the Maine Revised Statutes, Title 5, section 1660-L. Amendments to Rule 10-144, Chapter 30 required by this Part must be provisionally adopted by the department as major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A not later than December 31, 2011 and submitted to the Second Regular Session of the 125th Legislature for consideration. If approved by the Legislature, those rules must be finally adopted by the department and in effect on July 1, 2012. Subsequent revisions to those rules are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. I-3. Annual report. The Commissioner of Health and Human Services shall ensure that the Advisory Committee to the Commissioner is convened each year as necessary to fulfill its annual reporting requirements under the Maine Revised Statutes, Title 5, section 1660-L.
Sec. J-1. 25 MRSA §2448-A, sub-§1, as enacted by PL 2009, c. 364, §2, is amended to read:
Sec. J-2. 25 MRSA §2448-A, sub-§7, as enacted by PL 2009, c. 364, §2, is repealed and the following enacted in its place:
Sec. J-3. 25 MRSA §2448-A, sub-§8, as enacted by PL 2009, c. 364, §2, is repealed.
Sec. K-1. Paperwork reduction working group. The Secretary of State shall convene a working group consisting of representatives of state agencies, small businesses recommended by the Maine chapter of the National Federation of Independent Businesses, other private businesses and other interested parties to examine opportunities for reducing the paperwork associated with the filing of forms with the office of the Secretary of State. The Secretary of State shall report the findings of the working group by February 1, 2012 to the Joint Standing Committee on State and Local Government.
Sec. L-1. 3 MRSA c. 36 is enacted to read:
RETROSPECTIVE REVIEW OF AGENCY RULES
§ 971. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 972. Direction from committees of jurisdiction
On or before February 1st of any first regular session of the Legislature, a committee of jurisdiction may direct an agency in writing to undertake a retrospective review of one or more rules under the jurisdiction of the committee.
§ 973. Agency review
When directed by a committee of jurisdiction to undertake a retrospective review of a rule under this chapter, an agency shall evaluate the continued relevance, clarity and reasonableness of the rule by examining:
§ 974. Report to the committee of jurisdiction
An agency directed to undertake a retrospective review of one or more of its rules in a first regular session of the Legislature pursuant to section 972 shall submit a written report to the committee of jurisdiction on or before February 14th of the second regular session of that Legislature. The report must address each of the criteria listed in section 973 for each rule reviewed by the agency and identify ways in which the agency proposes to amend the rule, if any, and recommend whether the legislative authority for each rule should be retained, repealed or modified.
Sec. M-1. Application for designation as a state regional center. The Commissioner of Economic and Community Development shall work collaboratively and in partnership with the Finance Authority of Maine, the Maine International Trade Center and representatives of private sector business interests in applying to the United States Department of Homeland Security, United States Citizenship and Immigration Service for the designation of the State as a state regional center for the purposes of reviewing and approving foreign investment projects under the Immigrant Investor Pilot Program enacted in federal law under Public Law 102-395, Section 610, 8 United States Code, Section 1153(b)(5). The purpose of the pilot program is to encourage immigration through the 5th employment-based preference, EB-5, immigrant visa category by immigrants seeking to enter the United States to invest from $500,000 to $1,000,000 in commercial enterprises that will create at least 10 full-time jobs.
Sec. M-2. Report. The Commissioner of Economic and Community Development shall report by January 15, 2012 to the Joint Standing Committee on Labor, Commerce, Research and Economic Development on the progress of the State's application process required under section 1. That report must include any statutory changes recommended to facilitate that application or to administer a federally designated regional center in the State.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved, except that those sections of this Act that amend the Maine Revised Statutes, Title 38, section 341-C take effect on September 16, 2011.