E. Any other money available to the authority and directed by the authority to be paid into the fund.

Revenues from penalties assessed for environmental violations may not be deposited into the fund.

Sec. 3. 38 MRSA §551, first ¶, as amended by PL 1995, c. 399, §2 and affected by §21, is further amended to read:

The Maine Coastal and Inland Surface Oil Clean-up Fund is established to be used by the department as a nonlapsing, revolving fund for carrying out the purposes of this subchapter. The fund is limited to $6,000,000, the sum of which includes all funds credited under this section. The Department of Environmental Protection shall collect fees in accordance with subsection 4. To this fund are credited all license fees, penalties, reimbursements and other fees and charges related to this subchapter, and to this fund are charged any and all expenses of the department related to this subchapter, including administrative expenses, costs of removal of discharges of pollutants, restoration of water supplies and 3rd-party damages covered by this subchapter. Penalties assessed for violations of this subchapter are payable to the General Fund and may not be deposited into this fund.

Sec. 4. 38 MRSA §569-A, first ¶, as amended by PL 1995, c. 399, §9, and affected by §21, is further amended to read:

The Ground Water Oil Clean-up Fund is established to be used by the department as a nonlapsing, revolving fund for carrying out the purposes of this subchapter. The balance in the fund is limited to $12,500,000. To this fund are credited all registration fees, fees for late payment or failure to register, penalties, transfer fees, reimbursements, assessments and other fees and charges related to this subchapter. Penalties assessed for violations of this subchapter are payable to the General Fund and may not be deposited into this fund. To this fund are charged any and all expenses of the department related to this subchapter, including administrative expenses, payment of 3rd- party damages covered by this subchapter, costs of removal of discharges of oil and costs of cleanup of discharges from aboveground and underground storage facilities, including, but not limited to, restoration of water supplies and any obligations of the State pursuant to Title 10, section 1024, subsection 1. The fund may be used only for the purposes specified in this subchapter and may not be diverted for any other use by the

department, the Governor or the Legislature. Any person who proposes to enact or amend a law to allow use of the fund for a purpose not specified in this subchapter must submit the proposal to the Legislative Council and to the joint standing committee of the Legislature having jurisdiction over natural resource matters at least 30 days prior to any vote or public hearing on the proposal. An appropriation or allocation of the fund for use other than that specified in this subchapter is not authorized unless the required submittals have been made in a timely manner and the Legislature has approved the proposal by a 2/3 vote of each body.

Sec. 5. 38 MRSA §1319-D, first ¶, as amended by PL 2001, c. 212, §6, is further amended to read:

The Maine Hazardous Waste Fund is established to be used by the department as a nonlapsing, revolving fund for carrying out the department's responsibilities under this subchapter and subchapter III. All fees, penalties, interest and other charges under this subchapter must be credited to this fund. Penalties assessed for violations of this subchapter and subchapter III are payable to the General Fund and may not be deposited into this fund. This fund must be charged with the expenses of the department related to this subchapter and subchapter III, including costs of removal or abatement of discharges and costs of the inspection or supervision of hazardous waste activities and hazardous waste handlers.

Sec. 6. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 38, section 1319-D, first paragraph takes effect July 1, 2003.

SUMMARY

This bill repeals all provisions in Maine law that explicitly require or allow penalties from various environmental violations to be dedicated to specific funds. Specifically, the bill:

1. Repeals the provisions that require environmental penalties to be deposited into the Maine Coast Environmental Trust Fund;

2. Repeals the provisions that require air pollution penalties to be deposited into the Clean Fuel Vehicle Fund;

3. Repeals the provisions that require penalties from oil discharge violations to be deposited into the Maine Coastal and Inland Surface Oil Clean-up Fund or the Ground Water Oil Clean-up

Fund and specifies that such penalties must go the General Fund; and

4. Repeals, on July 1, 2003, the provisions that require penalties from hazardous waste violations to be deposited into the Maine Hazardous Waste Fund and specifies that such penalties must go to the General Fund.