Whereas, the nutrient management laws need to be amended prior to full implementation of those laws; and

Whereas, implementation is important to the agriculture community and the waters of this State; 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. 7 MRSA §4201, sub-§6, as enacted by PL 1997, c. 642, §2, is amended to read:

6. Regulated residual. "Regulated residual" means a residual regulated by the Department of Environmental Protection pursuant to Title 38, chapter 13 that is used primarily for its nitrogen and phosphorous value as determined by the Department of Agriculture, Food and Rural Resources. "Regulated residual" does not include wood ash or compost.

Sec. 2. 7 MRSA §4202, sub-§§2 and 3, as enacted by PL 1997, c. 642, §2, are amended to read:

2. Certification of persons to prepare nutrient management plans. The commissioner shall develop a program to train and certify persons in the preparation of nutrient management plans. The commissioner may establish minimum educational requirements for persons eligible for certification. The commissioner may revoke a certification in accordance with section 4210.

3. Livestock operations permits. The commissioner shall issue livestock operations permits in accordance with section 4205. The commissioner may revoke a livestock operations permit in accordance with section 4211.

Sec. 3. 7 MRSA §4203, sub-§1, ¶B, as enacted by PL 1997, c. 642, §2, is amended to read:

B. When an aggrieved party within 30 days of the commissioner's decision appeals a decision of the commissioner regarding a livestock operations permit required under section 4205, a request for a variance under