S.P. 843 - L.D. 2247
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, on April 10, 1996, the Maine Revised Statutes, Title 38, chapter 5, subchapter I, article 6 was enacted; and
Whereas, this law became effective July 4, 1996 and provides a time period of 180 days in which to produce an interlocal agreement among municipalities or other parties that intend to take ownership of an abandoned dam; and
Whereas, towns currently attempting in good faith to reach an interlocal agreement have discovered that the law does not provide for an extension of this time period and does not identify an objective party to facilitate the process; and
Whereas, the parties in the process of assuming ownership of a dam need adequate time in which to reach agreement; and
Whereas, an extension of the time period and additional coordination to facilitate the interlocal agreement process must be provided; 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 §902, sub-§1-A is enacted to read:
1-A. Extension of consultation period. The consultation period under subsection 1 must be extended for an additional 180 days if:
A. A municipality in which the dam or impoundment is located applies to the department for an extension and demonstrates that the municipality needs additional consultation time to facilitate an agreement for municipal ownership of the dam; or
B. The dam owner applies to the department for an extension.
The consulation period under subsection 1 may not be extended for more than 180 days regardless of the number of applications for extension under this subsection.
Sec. 2. 38 MRSA §902, sub-§4, as enacted by PL 1995, c. 630, §3, is amended to read:
4. Report on notice compliance. The dam owner shall file a report with the department within 180 days of filing a petition. The report must include that includes:
A. Evidence that the owner complied with the notice requirements set forth in section 901; and
B. Names and addresses of persons notified under section 901 and of parties consulted in accordance with this section; and.
C. The results of the consultations and whether a new owner has been located.
At the request of the dam owner, the department shall extend the deadline for reporting up to an additional 180 days.
Sec. 3. 38 MRSA §902, sub-§4-A is enacted to read:
4-A. Report on consultation process. The dam owner shall file a report with the department within 180 days of filing a petition or before the conclusion of an extension to the consultation period granted pursuant to section 902, subsection 1-A that includes:
A. Names and addresses of parties consulted in accordance with this section; and
B. The results of the consultations and whether a new owner has been located.
Sec. 4. 38 MRSA §909 is enacted to read:
To the extent existing resources are available, when one or more municipalities seeks ownership of a dam, the State Planning Office may provide grants and technical assistance to the participating municipality or municipalities or to regional planning organizations.
Sec. 5. Application. This Act applies to all petitions for release from dam ownership pending at the Department of Environmental Protection on or after January 1, 1998.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 16, 1998.
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