Sec. 4. 38 MRSA §465, sub-§2, ¶¶D and E are enacted to read:

D.__Storm water discharges to Class A waters must be in compliance with state and local requirements.

E.__Material may not be deposited on the banks of Class A waters in any manner that makes transfer of pollutants into the waters likely.

Sec. 5. Report. By February 1, 2004, the Department of Environmental Protection shall report to the Joint Standing Committee on Natural Resources with recommendations for improving the effectiveness of storm water management in this State. These recommendations may include draft rules pursuant to the Maine Revised Statutes, Title 38, sections 413 and 420-D to regulate storm water discharges to impaired waters from existing development where necessary to allow restoration of water quality and from new development both during and after construction. The department may also make recommendations concerning other issues such as encouraging the creation of local or regional storm water utility districts and funding storm water management programs at the state and local level, including long-term efforts to inspect, maintain and upgrade or retrofit storm water management systems in impaired or at-risk watersheds or sensitive or threatened regions or watersheds.

The department shall consult with state and federal agencies as well as representatives of interested stakeholder groups, including business and environmental groups and the Maine Municipal Association, when developing these recommendations. The Joint Standing Committee on Natural Resources may report out legislation based on the recommendations related to storm water management to the Second Regular Session of the 121st Legislature.

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