LD 498
pg. 2
Page 1 of 2 An Act Relating to Transfer of Ownership of Dams LD 498 Title Page
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LR 585
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The agency shall review the information provided by the dam owner
and conduct an inspection of the dam within 30 days of receiving
the information from the dam owner.__If the agency determines
that the information provided by the dam owner under this section
does not comply with agency standards, the agency shall notify
the dam owner of any standards that have not been met and allow
the dam owner a reasonable period of time to correct any
deficiencies.

 
The agency shall notify the department regarding the dam owner's
compliance with paragraphs B and C within 60 days of receiving
the information from the dam owners. The department shall reject
the petition if the agency has determined that the prospective
owner has not complied with paragraphs B and C.

 
Sec. 2. 38 MRSA §909, as enacted by PL 1997, c. 789, §4 and
affected by §5, is amended to read:

 
§909. Technical assistance; municipal cost sharing

 
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. If the ownership of a nonenergy
generating dam is assumed by a municipality, 75% of the
operational funding must be provided by the State through the
Local Government Fund under the state-municipal revenue sharing
program.__The amount of the shared operational funding must be
determined prior to the allocation of the state-municipal revenue
sharing funds throughout the State.

 
Emergency clause. In view of the emergency cited in the preamble,
this Act takes effect when approved.

 
SUMMARY

 
This bill requires prospective dam owners under the dam
abandonment statutes to provide a plan to the Maine Emergency
Management Agency that provides proof of sufficient liability
insurance and compliance with Maine Emergency Management Agency
regulations. This bill also provides that if the ownership of a
dam is assumed by a municipality, 75% of the operational funding
must be provided by the State through the Local Government Fund
under the state-municipal revenue sharing program.


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