S.P. 641 - L.D. 1823
An Act to Increase Accessibility to the Department of Environmental Protection Clean-up Funds for Businesses
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the construction season in Maine is very short; and
Whereas, wastewater discharges from commercial establishments that are not in compliance with environmental protection laws create a public health concern; and
Whereas, grant money from the State has not been expended to support commercial establishments' efforts to come into compliance with the environmental protection laws because eligibility requirements for this grant money are too stringent; 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
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §411, first ¶, as repealed and replaced by PL 1995, c. 186, §1, is amended to read:
The commissioner may pay an amount not to exceed 80% of the expense of a municipal or quasi-municipal pollution abatement construction program or a pollution abatement construction program in an unorganized township or plantation authorized by the county commissioners. The commissioner may make payments to the Maine Municipal Bond Bank to supply the State's share of the revolving loan fund established by Title 30-A, section 6006-A. The commissioner may pay up to 90% of the expense of a municipal or quasi-municipal pollution abatement construction program or a pollution abatement construction program in an unorganized township or plantation authorized by the county commissioners in which the construction cost of the project does not exceed $100,000 as long as total expenditures for the small projects do not exceed $1,000,000 in any fiscal year and not more than one grant is made to any applicant each year, except that the commissioner may pay a percentage of the cost of individual projects serving single-family dwellings, seasonal dwellings or commercial establishments according to the following schedule:
Sec. 2. 38 MRSA §411, 2nd ¶, as enacted by PL 1995, c. 186, §2, is amended to read:
For the purposes of this section, "annual income" means the sum of all the property owner's federal taxable income for the previous year for single-family or seasonal dwellings and gross profit for commercial establishments "gross profit" means the sum of all the commercial establishment owner's gross profits for the previous year as listed on the relevant federal income tax returns.
Sec. 3. Grants for commercial establishments. A municipality may apply in 1999 for a grant for a pollution abatement construction project undertaken in 1999 and serving a commercial establishment.
If the project is eligible under the Maine Revised Statutes, Title 38, section 411, the Commissioner of Environmental Protection may reimburse the applicant when funds become available for the construction of water pollution control facilities through the sale of bonds.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 1, 1999.
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