Resolves

124th Legislature

Second Regular Session



Chapter 208

H.P. 1224 - L.D. 1725

Resolve, Regarding Legislative Review of Portions of Section 10: Stream Crossings within Chapter 305 Permit by Rule Standards, a Major Substantive Rule of the Department of Environmental Protection

Sec. 1. Adoption. Resolved: That final adoption of portions of Section 10: Stream Crossings within Chapter 305 Permit by Rule Standards, a provisionally adopted major substantive rule of the Department of Environmental Protection that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2A, is authorized only as it applies to the construction of new stream crossings undertaken on or after the effective date of this resolve; and be it further

Sec. 2. Department review and report; rulemaking. Resolved: That the Department of Environmental Protection, with the Department of Transportation, the Department of Inland Fisheries and Wildlife and the Department of Marine Resources, referred to in this section as "the departments," shall conduct a series of meetings with municipal public works officials to provide training, information and opportunities to evaluate stream crossings subject to the requirements of the rule approved pursuant to section 1 and stream crossings in existence on the effective date of this resolve that may be subject to rules adopted pursuant to this section. The meetings must be held in locations around the State sufficient to provide for widespread participation by municipal officials and must provide opportunities for field work for the departments and municipal officials to examine specific crossing examples. The Department of Environmental Protection shall adopt major substantive rules in accordance with Public Law 2009, chapter 460, sections 3 and 4 regarding stream crossings in existence on the effective date of this resolve and shall submit the provisionally adopted rules to the Legislature by January 1, 2011 for review by the joint standing committee of the Legislature having jurisdiction over natural resources matters. By January 5, 2011, the Department of Environmental Protection and the Department of Transportation shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the outreach and field work activities undertaken by the departments and on the impact of the rule.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333