PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
Amend the bill by striking out everything after the title and before the summary and inserting the following:
‘
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  Maine's lakes are a critical and essential component of Maine's natural environment, wildlife and human life; and
Whereas,  Maine's lakes generate in excess of $3,400,000,000 in revenue each year, provide employment for 52,000 people and underpin our increasingly important tourism economy; and
Whereas,  water quality in Maine's lakes, considered to have some of the highest water quality in the nation, has declined by as much as 20% since 1995 due to the introduction of phosphorus and other pollutants carried by eroded soils and storm water runoff from camp roads, driveways and lawns and from failing septic systems; and
Whereas,  in many communities waterfront properties generate 60% to 70% of the tax base and any decline in water quality will cause property values to drop by 15% to 20% and will shift the tax burden to nonwaterfront homeowners; and
Whereas,  scientific studies demonstrate that programs such as the LakeSmart program, which is a voluntary education and reward program for lakefront property owners who maintain their property in ways that protect lake water quality and property values, that keep phosphorus and other pollutants out of lakes are among the most cost-effective ways to protect lakes; and
Whereas,  scientific analysis of the data gathered through the efforts of volunteers throughout the State who participate in the Maine Volunteer Lake Monitoring Program is critical to the understanding of the current water quality of our lakes; and
Whereas,  the high-quality environmental training programs developed and offered by the Maine Joint Environmental Training Coordinating Committee are critical to ensuring that the best practices and techniques for water pollution control and water quality protection are implemented by environmental professionals throughout the State; and
Whereas,  this legislation must take effect before the expiration of the 90-day period in order to provide funding in fiscal year 2013-14 for the LakeSmart program, the Maine Joint Environmental Training Coordinating Committee and the management and analysis of data collected by the Maine Volunteer Lake Monitoring Program; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §410-L, first ¶, as enacted by PL 1997, c. 643, Pt. YY, §1, is amended to read:
The Lakes Assessment and Protection Program is established within the department to monitor and protect the health and integrity of the State's lakes through activities identified in section 410-M.
Sec. 2. 38 MRSA §410-M, as amended by PL 2011, c. 655, Pt. EE, §22 and affected by §30, is repealed and the following enacted in its place:
§ 410-M. Lakes assessment and protection
In implementing the Lakes Assessment and Protection Program, the commissioner shall ensure that the department:
 
1.  Education.     Develops:
 
A.  Educational materials that inform the public about the health and functions of lakes in the State; the value of lakes to the residents, communities and economy of the State and wildlife in the State; the sources of risk posed to the health and integrity of lakes; and actions that individuals can take to help preserve the health and water quality of lakes. The department shall make the educational materials readily available on its publicly accessible website and through other outreach resources; and
 
B.  Educational materials designed for classroom instruction relating to the health and integrity of lakes in the State. To the extent possible, the department shall serve as a resource to schools and teachers. The department shall make the educational materials readily available to schools;
 
2.  Monitoring lakes and conducting research.     Monitors lakes and conducts research relating to the ecology and health of lakes, the vulnerability of and risks to lakes, the relationship between lake water quality and development, the design and effectiveness of best management practices and the effectiveness of efforts to protect lakes. The department shall integrate the use of water quality monitors, academic institutions and other lake monitoring resources in monitoring pursuant to this subsection. The department shall make data collected pursuant to this subsection and the department's analysis of the data regularly available on its publicly accessible website and through other outreach resources. The department shall include the data and analysis in the report submitted to the Legislature pursuant to section 464, subsection 3, paragraph A;
 
3.  Compliance monitoring and enforcement.     Promotes and monitors compliance with and enforcement of the natural resources protection laws, the mandatory shoreland zoning laws, the storm water management laws, the erosion and sedimentation control laws and other state and local laws providing standards for the protection of lakes;
 
4.  Water quality and habitat protection, restoration and maintenance.     Directs and assists with activities that protect, restore and maintain lake water quality and the quality of habitat in lakes and on land surrounding lakes that affect the health and integrity of lakes. The department shall develop partnerships pursuant to subsection 5 to assist with these activities; and
 
5.  Partnerships.     Develops partnerships with lake associations, municipalities, businesses, academic institutions, water quality monitors and other interested individuals to increase public understanding about risks posed to the health and integrity of lakes and actions that can be taken to reduce those risks and sustain lake water quality, including informing lakeshore property owners of the value of using best management practices for the application of turf pesticides and fertilizers and for reducing nutrient runoff. To the extent possible, the department shall provide technical and financial assistance to partners pursuant to this subsection. A partnership developed pursuant to this subsection may assist the department in water quality and habitat protection, restoration and maintenance activities pursuant to subsection 4.
Sec. 3.  38 MRSA §418-B  is enacted to read:
§ 418-B. Prohibition on application of fertilizers near great ponds
 
1.  Prohibition.     Notwithstanding any other provision of law, a person may not apply a fertilizer within 50 feet of the normal high-water line of a great pond. As used in this section, "fertilizer" has the same meaning as in section 419, subsection 1, paragraph A-3.
 
2.  Exceptions.     Subsection 1 does not apply to:
 
A.  A fertilizer application for the purpose of agriculture. Nothing in this paragraph relieves a person applying a fertilizer for the purpose of agriculture from the obligation to comply with all applicable requirements for a nutrient management plan in accordance with Title 7, chapter 747. As used in this section "agriculture" has the same meaning as in section 436-A, subsection 1-B; or
 
B.  A fertilizer application for the purpose of establishing or restoring vegetation to stop, slow or remediate shoreline erosion or damage pursuant to a recommendation from a soil sample test conducted by the University of Maine Cooperative Extension Service or other individual determined by the department to be qualified to conduct an appropriate soil sample test and make such a recommendation. The department may adopt rules setting forth the necessary criteria for an individual to be qualified under this paragraph. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 4. 38 MRSA §464, sub-§3, ¶A, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §55, is further amended to read:
 
A.  The commissioner shall submit to the first regular session of each Legislature a report on the quality of the State's waters whichthat describes existing water quality, identifies waters that are not attaining their classification and states what measures are necessary for the attainment of the standards of their classification. The report must include the data and analysis collected and evaluated pursuant to section 410-M, subsection 2.
Sec. 5. Appropriations and allocations. The following appropriations and allocations are made.
 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
 
Administration - Environmental Protection 0251
 
Initiative: Provides an allocation in fiscal year 2014-15 for a desktop computer, network access and desktop support for one half-time Environmental Specialist III position.

OTHER SPECIAL REVENUE FUNDS	2013-14	2014-15	
All Other	$0	$675	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$675	

Administration - Environmental Protection 0251
 
Initiative: Provides an appropriation in fiscal year 2014-15 for network access, a desktop computer, desktop support, file services and e-mail for one new half-time Environmental Specialist III position.

GENERAL FUND	2013-14	2014-15	
All Other	$0	$887	
			
GENERAL FUND TOTAL	$0	$887	

Land and Water Quality 0248
 
Initiative: Provides a one-time appropriation in fiscal year 2013-14 of $40,000 for the purpose of supporting the Maine Lakes Society in its implementation of the LakeSmart program, $20,000 for the purpose of managing and analyzing the data gathered by the Maine Volunteer Lake Monitoring Program and $10,000 for the purpose of supporting the Maine Joint Environmental Training Coordinating Committee in its development and implementation of water pollution control, water quality protection and other environmental training programs.

GENERAL FUND	2013-14	2014-15	
All Other	$70,000	$0	
			
GENERAL FUND TOTAL	$70,000	$0	

Land and Water Quality 0248
 
Initiative: Provides an appropriation for one half-time Environmental Specialist III position and related support costs. The position will implement a publicly accessible website with data on lake health, monitor lakes, conduct research on lake ecology and develop partnerships with certain entities to increase public awareness about risks to lake health and solutions to sustain water quality.

GENERAL FUND	2013-14	2014-15	
POSITIONS - LEGISLATIVE COUNT	0.000	0.500	
Personal Services	$0	$36,337	
All Other	$0	$1,695	
			
GENERAL FUND TOTAL	$0	$38,032	

Land and Water Quality 0248
 
Initiative: Provides a one-time General Fund appropriation of $7,500 for rulemaking related to the new fertilizer ban within 50 feet of the normal high-water line of a great pond.

GENERAL FUND	2013-14	2014-15	
All Other	$0	$7,500	
			
GENERAL FUND TOTAL	$0	$7,500	

ENVIRONMENTAL PROTECTION, DEPARTMENT OF			
DEPARTMENT TOTALS	2013-14	2014-15	
			
GENERAL FUND	$70,000	$46,419	
OTHER SPECIAL REVENUE FUNDS	$0	$675	
			
DEPARTMENT TOTAL - ALL FUNDS	$70,000	$47,094	
 
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
 
SUMMARY
This amendment, which is the majority report of the Joint Standing Committee on Environment and Natural Resources, replaces the bill and adds an emergency preamble and an emergency clause. It amends the laws governing the Lakes Assessment and Protection Program. It creates a prohibition on the application of fertilizers within 50 feet of the normal high-water line of a great pond, with exceptions for persons involved in agriculture or applying fertilizer to establish or restore vegetation to stop, slow or remediate shoreline erosion or damage. It makes a one-time appropriation in fiscal year 2013-14 of $70,000 to the Department of Environmental Protection to provide $40,000 to the Maine Lakes Society in its implementation of the LakeSmart program, $20,000 for the purpose of managing and analyzing the data gathered by the Maine Volunteer Lake Monitoring Program and $10,000 to the Maine Joint Environmental Training Coordinating Committee in its development and implementation of water pollution control, water quality protection and other environmental training programs.
FISCAL NOTE REQUIRED
(See attached)