HP0241
LD 336
Session - 126th Maine Legislature
C "A", Filing Number H-208, Sponsored by
LR 232
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

Sec. 1. 38 MRSA §640, sub-§5  is enacted to read:

5 Water quality certifications; substantial revisions.   The following provisions apply to public participation in the department's review and approval of applications for water quality certifications pursuant to the Federal Water Pollution Control Act, 33 United States Code, Section 1341 for all existing hydropower projects located in the State currently licensed under the Federal Power Act and for all proposed hydropower projects requiring a license to operate under the Federal Power Act.
A The department shall notify the public, municipalities, interested persons and applicable state agencies whenever the department accepts an application for a water quality certification, receives a substantial revision to an application or makes a substantial revision to a draft decision of the department.

(1) The department shall publish the notice at least 2 times in a newspaper that has a general circulation in the municipalities adjacent to a water body potentially affected by the hydropower project that is the subject of the water quality certification. The date of the first notice must be on the earliest date practicable.

(2) The department shall send the notice by regular mail to each municipality adjacent to a water body potentially affected by the hydropower project that is the subject of the water quality certification.

(3) The department shall send the notice by regular mail to each person that contacts the department with an interest in the matter.

(4) The department shall notify in writing all state agencies that review, comment on and consult in the water quality certification process.

B If requested, the department shall hold a public meeting on an application for a water quality certification, a substantial revision to an application or a substantial revision to a draft decision of the department.

The department shall adopt major substantive rules as defined in Title 5, chapter 375, subchapter 2-A to define "substantial revision" as used in this subsection.

Sec. 2. Appropriations and allocations. The following appropriations and allocations are made.

ENVIRONMENTAL PROTECTION, DEPARTMENT OF

Land and Water Quality 0248

Initiative: Provides an annual General Fund appropriation to the Department of Environmental Protection for notifying the public, municipalities, interested persons and applicable state agencies whenever a water certification application is received by the department and for holding a public meeting, if one is requested.

GENERAL FUND 2013-14 2014-15
All Other
$3,000 $3,000
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $3,000 $3,000

summary

This amendment, which is the minority report of the committee, replaces the bill. The amendment requires the Department of Environmental Protection to notify the public, municipalities, interested persons and applicable state agencies whenever the department accepts an application for a water quality certification for an existing or proposed hydropower project under the licensing jurisdiction of the Federal Energy Regulatory Commission, receives a substantial revision to an application or makes a substantial revision to a draft decision of the department. The amendment requires the department to hold a public meeting if one is requested and it directs the department to adopt major substantive rules to define "substantial revision." It also adds an appropriations and allocations section.

FISCAL NOTE REQUIRED
(See attached)


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