An Act To Fund Invasive Species Prevention and Control
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, invasive aquatic plants such as milfoil are infesting many of Maine's lakes and a comprehensive, coordinated and long-term plan is necessary to remove and control these infestations; and
Whereas, to control infestations of invasive aquatic plants, 3 cleanups per year for 3 years are recommended; and
Whereas, the milfoil infestation problem is worsening and needs to be addressed immediately; 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. 1. 12 MRSA §10206, sub-§3, ¶C, as amended by PL 2013, c. 368, Pt. AAA, §1, is further amended to read:
The fees outlined in section 13056, subsection 8, paragraphs A and B for watercraft operating on inland waters of the State each include a $10 fee for invasive species prevention and control. This fee is disposed of as follows:
(1) Sixty Eighty percent of the fee must be credited to the Invasive Aquatic Plant and Nuisance Species Fund established within the Department of Environmental Protection under Title 38, section 1863; and
(2) Forty Twenty percent of the fee must be credited to the Lake and River Protection Fund established within the department under section 10257.
Sec. 2. 12 MRSA §10257, sub-§1, as amended by PL 2011, c. 74, §1, is further amended to read:
Sec. 3. 12 MRSA §13058, sub-§3, as amended by PL 2009, c. 213, Pt. OO, §17, is repealed and the following enacted in its place:
The remainder of the fee is disposed as follows:
A motorboat, personal watercraft or seaplane owned by the Federal Government, a state government or a municipality is exempt from the fee established in this subsection.
Sec. 4. 38 MRSA §1863, as amended by PL 2003, c. 414, Pt. B, §73 and affected by Pt. D, §7 and c. 614, §9, is further amended to read:
§ 1863. Invasive Aquatic Plant and Nuisance Species Fund
The Invasive Aquatic Plant and Nuisance Species Fund, referred to in this section as the "fund," is created within the department as a nonlapsing fund. The fund is administered by the commissioner. The fund is funded from a portion of the fees collected for lake and river protection stickers issued under Title 12, section 13058, subsection 3 and from other funds accepted for those purposes by the commissioner or allocated or appropriated by the Legislature. Money in the fund may be used only for costs related to conducting inspections under section 1862, conducting invasive aquatic plant prevention, containment, eradication and management activities and reimbursing agencies as necessary for costs associated with conducting or enforcing the provisions of this chapter and chapter 20-B. The commissioner may also use funds to contract with municipalities or other entities to conduct inspection, prevention or eradication programs to protect the inland waters of the State from invasive aquatic plant and nuisance species. The commissioner shall use at least 20% of the money in the fund for eradication activities.
Sec. 5. Transfer; Inland Fisheries and Wildlife carrying account. Notwithstanding any other provision of law, the State Controller shall transfer $46,000 by May 1, 2014 and $225,400 by July 10, 2015 from the Inland Fisheries and Wildlife carrying account, General Fund account within the Department of Inland Fisheries and Wildlife to the Lake and River Protection Fund within the Department of Inland Fisheries and Wildlife.
Sec. 6. Appropriations and allocations. The following appropriations and allocations are made.
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Land and Water Quality 0248
Initiative: Allocates funds from an increased percentage of fees from 60% to 80% on certificates for watercraft operation on inland waters and lake and river protection stickers.
|OTHER SPECIAL REVENUE FUNDS||2013-14||2014-15|
|OTHER SPECIAL REVENUE FUNDS TOTAL||$46,000||$225,400|
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.