Whereas, the State is encountering increasing numbers of variance requests from Maine citizens regarding the writing and certification of nutrient management plans that have a due date of January 1, 2001; and

Whereas, the Department of Agriculture, Food and Rural Resources does not have clear legislative language to adequately grant variances on the January 1, 2001 due date to Maine farms under current Maine law; and

Whereas, the Department of Agriculture, Food and Rural Resources may need to ask the Department of the Attorney General to seek penalties as of January 1, 2001 if no variances are issued by the department; 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 §4204, sub-§8, as enacted by PL 1999, c. 530, §4, is amended to read:

8. Variances. The commissioner may grant a variance from the date for having a nutrient management plan written and certified or the implementation date referred to in subsection 4, 5 or 6 when the commissioner finds that the completion and certification or the implementation of the plan would cause undue hardship. A person requesting a variance shall submit a request in writing to the commissioner at least 90 days prior to the applicable implementation date. The commissioner shall establish by rule criteria and a process for granting a variance. Factors considered must include protection of groundwater and surface water, cost of implementing the plan and availability of financial assistance to implement the plan. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. Notwithstanding the provisions of this subsection, a variance may not extend an implementation date beyond December 31, 2008. A person denied a variance by the commissioner may appeal that decision to the board.