CHAPTER 635
S.P. 927 - L.D. 2377
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §569-A, sub-§8, ¶M, as enacted by PL 1997, c. 613, §3, is amended to read:
M. Sums up to $250,000 annually in fiscal years 1998-99 and 1999-2000 only and up to $500,000 annually thereafter, to retrofit, repair or replace aboveground oil storage tanks or facilities when the commissioner determines that action necessary to abate an imminent threat to a groundwater restoration project, a public water supply or a sensitive geologic area, including coastal islands and peninsulas. Money available under this paragraph may be disbursed by the department to pay reasonable costs actually incurred by municipalities in assisting the department in taking actions under this paragraph. Money available under this paragraph may also be used by the department to fund educational efforts that encourage the retrofit, repair or replacement of aboveground oil storage tanks or facilities. Money may not be disbursed from the fund for the purposes of this paragraph until the department has presented a plan for such disbursements to the Fund Insurance Review Board; and. Money may not be disbursed from the fund under this paragraph:
(1) After fiscal year 1999-2000 until the department has adopted a written policy establishing:
(a) Criteria for determining those instances when funds should be disbursed under this paragraph, including criteria for determining what constitutes a sensitive geologic area;
(b) Guidelines that ensure that money disbursed from the fund under this paragraph will be used in the most cost-effective manner, considering the likelihood of actual contamination of water supplies absent action taken pursuant to this paragraph, the costs of remediation of such contamination and the possibility that the owner of an aboveground oil storage tank or facility would retrofit, repair or replace the tank at the owner's own expense; and
(c) Guidelines for payments to municipalities for reasonable administrative costs actually incurred by municipalities in assisting the department in taking actions under this paragraph; and
(2) After February 2, 2003 until the department has adopted a written policy that:
(a) Establishes a means test for eligibility for disbursements from the fund;
(b) Establishes a deductible that is adjusted according to the financial means of the person receiving a disbursement; and
(c) Limits eligibility to residents of this State.
Prior to adopting any written policy pursuant to subparagraph (1) or (2), the department shall present for comment a draft policy to the Fund Insurance Review Board. The Fund Insurance Review Board shall provide to the department written comments on the draft policy; and
Sec. 2. 38 MRSA §569-A, sub-§8, ¶N, as amended by PL 1999, c. 278, §3, is further amended to read:
N. Sums up to $1,250,000 annually during the 2-year period commencing July 1, 1998 and ending June 30, 2000 and up to $2,000,000 annually thereafter to distribute to community action agencies as defined in Title 22, section 5321 for loans and grants to retrofit, repair or replace aboveground and underground oil storage tanks and associated piping at single-family residences. Money may not be disbursed from the fund for the purposes of this paragraph until the department has presented a plan for such disbursements to the Fund Insurance Review Board. A community action agency shall administer the funds in accordance with program operating standards, including the allocation formula established by the Maine State Housing Authority for its weatherization program. Sums available under this paragraph may be disbursed by the department to pay reasonable costs actually incurred by a community action agency in providing services pursuant to this paragraph. Money may not be disbursed from the fund under this paragraph after June 30, 2000 until the department has adopted a written policy establishing guidelines for payments to community action agencies for reasonable administrative costs actually incurred by community action agencies in providing services pursuant to this paragraph. Prior to adopting any written policy pursuant to this paragraph, the department shall present for comment a draft policy to the Fund Insurance Review Board. The Fund Insurance Review Board shall provide to the department written comments on the draft policy.
Sec. 3. Report. The Department of Environmental Protection shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 1, 2002 on the following:
1. Educational efforts undertaken pursuant to the Maine Revised Statutes, Title 38, section 569-A, subsection 8, paragraph M;
2. The department's evaluation of the appropriateness of Title 38, section 569-A, subsection 8, paragraph M, subparagraph (2) and how the use of a means test may impact the overall cost effectiveness of retrofitting, repairing or replacing aboveground oil storage tanks or facilities pursuant to paragraph M; and
3. The department's evaluation of the cost effectiveness of establishing a loan or loan guarantee program to assist persons in retrofitting, repairing or replacing home oil storage tanks and associated piping.
Effective August 11, 2000, unless otherwise indicated.
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