Whereas, dams in this State may be removed without appropriate and sufficient public input; 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. 38 MRSA c. 5, sub-c. 1, art. 7 is enacted to read:

Article 7

PUBLIC PROCESS FOR DAM REMOVAL

§921.__Notice and public hearing

When a dam in this State is proposed to be removed, the dam owner shall file a notice with the commissioner and the commissioner shall hold a public hearing on the proposed removal in the community in which the dam is located.__To the extent the commissioner has authority under this Title or under other law to take action on the proposed removal, the commissioner may not take action in accordance with that authority unless a public hearing under this section is held.

Sec. 2. Retroactivity. This Act applies retroactively to January 1, 1996.

Sec. 3. Application. This Act applies to dams that are not removed as of the effective date of this Act.

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

SUMMARY

This bill requires the Department of Environmental Protection to hold a public hearing before a dam is removed.