CHAPTER 562
H.P. 1072 - L.D. 1519
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §343-G is enacted to read:
§343-G. Environmental management systems
1. Environmental management system incentive program. The commissioner shall develop and implement an environmental management system incentive program to encourage entities subject to regulation by the department to improve and expand their environmental performance and compliance through the development and implementation of environmental management systems that, at a minimum, conform to international standards, comply with all applicable environmental laws, rules and regulations and prevent and reduce pollution. The incentive program may include the following elements:
A. Alternative schedules for routine compliance inspections;
B. Alternative record-keeping and reporting systems that provide equal or improved public access to information and do not result in any reduction in content or quality of information; and
C. Public recognition by the commissioner.
2. Eligibility. To be eligible for incentives under this section, an entity must have developed and implemented an environmental management system certified by an accredited 3rd-party certification body as conforming to the requirements of the International Organization for Standardization's standard 14001 (ISO 14001:1996); demonstrated full compliance with all applicable state and federal environmental laws, rules, regulations and permits for the 2 most recent years; demonstrated improved environmental performance that resulted in pollution prevention and reduction; involved the public in the development of any proposed incentives; and involved department staff in at least one environmental management system 3rd-party surveillance audit. The commissioner shall revoke all incentives granted to an entity under this section if the commissioner finds that the entity no longer meets the eligibility requirements in this subsection.
3. Evaluation. By January 15, 2002, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters with an evaluation of the effectiveness of the environmental management system incentive program developed under this section, including a list of applications to the program, a list of entities that qualified for incentives under the program and a list of incentives granted. The report must include any recommendations for changes to the incentives or the scope of the program and any proposed legislation. The department shall work with a representative stakeholder group in conducting its evaluation and developing recommendations. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out a bill to the Second Regular Session of the 120th Legislature regarding environmental management systems.
4. Repeal. This section is repealed December 31, 2002.
Effective August 11, 2000, unless otherwise indicated.
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