‘Resolve, Regarding Metallic Mineral Exploration, Advanced Exploration and Mining’

‘Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and

Whereas,  Chapter 200: Metallic Mineral Exploration, Advanced Exploration and Mining, a provisionally adopted major substantive rule of the Department of Environmental Protection, has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A outside the legislative rule acceptance period; and

Whereas,  portions of Chapter 13: Metallic Mineral Exploration, Advanced Exploration and Mining, a provisionally adopted major substantive rule of the Maine Land Use Planning Commission, has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A; and

Whereas,  immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of these rules; 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

Sec. 1. Disapproval of final adoption; Department of Environmental Protection. Resolved: That final adoption of Chapter 200: Metallic Mineral Exploration, Advanced Exploration and Mining, a provisionally adopted major substantive rule of the Department of Environmental Protection that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A outside the legislative rule acceptance period, is not authorized; and be it further

Sec. 2. Disapproval of final adoption; Maine Land Use Planning Commission. Resolved: That final adoption of portions of Chapter 13: Metallic Mineral Exploration, Advanced Exploration and Mining, a provisionally adopted major substantive rule of the Maine Land Use Planning Commission that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is not authorized; and be it further

Sec. 3. Existing metallic mineral mining rules; Department of Environmental Protection. Resolved: That the Department of Environmental Protection shall, as soon as practicable, repeal its existing metallic mineral mining rules and adopt metallic mineral mining rules identical to those rules in effect immediately prior to the routine technical rule amendments to exploration and advanced exploration sections that took effect on April 21, 2013. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A; and be it further

Sec. 4. Major substantive rulemaking; Department of Environmental Protection. Resolved: That, by February 1, 2016, the Department of Environmental Protection shall provisionally adopt and submit to the Legislature for review rules related to the Maine Metallic Mineral Mining Act.

1. Legislative rule acceptance period. Notwithstanding any provision to the contrary contained in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, major substantive rules submitted pursuant to this section on or before February 1, 2016 must be considered submitted within the legislative rule acceptance period for the Second Regular Session of the 127th Legislature, as defined in Title 5, section 8071-A, except that, if the rules are submitted outside the otherwise applicable legislative rule acceptance period but on or before February 1, 2016, the department shall, at the time the rules are submitted, provide written notice to the Executive Director of the Legislative Council stating that the department is submitting the rules outside the otherwise applicable rule acceptance period in accordance with the allowance provided in this subsection.

2. Standards. The rules adopted pursuant to this section must include standards determined by the department to be necessary to protect the public health and safety and the environment. Standards adopted by the department may include, but are not limited to, standards regulating effects on groundwater quality, control of noise, preservation of historic sites, preservation of unusual natural areas, effects on scenic character and protection of wildlife and fisheries.

3. Maine Land Use Planning Commission certification. The rules adopted pursuant to this section relating to the permitting process for a mining permit must provide for Maine Land Use Planning Commission certification pursuant to the Maine Revised Statutes, Title 38, section 490-NN, subsection 2 in the initial stages of the permitting process.

Rules adopted pursuant to this section are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A; and be it further

Sec. 5. Major substantive rulemaking; Maine Land Use Planning Commission certification of mining permit applications. Resolved: That, by February 1, 2016, the Maine Land Use Planning Commission shall provisionally adopt and submit to the Legislature for review rules related to commission certification of metallic mineral mining permit applications as described in the Maine Metallic Mineral Mining Act. Notwithstanding any provision to the contrary contained in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, major substantive rules submitted pursuant to this section on or before February 1, 2016 must be considered submitted within the legislative rule acceptance period for the Second Regular Session of the 127th Legislature, as defined in Title 5, section 8071-A, except that, if the rules are submitted outside the otherwise applicable legislative rule acceptance period but on or before February 1, 2016, the commission shall, at the time the rules are submitted, provide written notice to the Executive Director of the Legislative Council stating that the commission is submitting the rules outside the otherwise applicable rule acceptance period in accordance with the allowance provided in this section. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A; and be it further

Sec. 6. Metallic Mining Fund; Department of Environmental Protection. Resolved: That all costs associated with rule-making activities undertaken by the Department of Environmental Protection pursuant to section 3 or 4 must be drawn from existing funds within the Metallic Mining Fund established under Public Law 2011, chapter 653, section 32.

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