H.P. 460 - L.D. 623
Resolve, Regarding Legislative Review of Chapter 565: Nutrient Management Rules, a Major Substantive Rule of the Department of Agriculture, Food and Rural Resources
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 Administrative Procedure Act, Title 5, chapter 375, subchapter II-A, requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; 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. Adoption. Resolved: That final adoption of Sec. 3(6), 8 and 9 of Chapter 565: Nutrient Management Rules, a provisionally adopted major substantive rule of the Department of Agriculture, Food and Rural Resources, and submitted to the Legislature for review pursuant to the Maine Administrative Procedure Act, is authorized with the following amendment to the rule. A livestock operation requiring a permit under these rules is not required to have a permit prior to January 1, 2000.
The Department of Agriculture, Food and Rural Resources is not required to hold hearings or conduct other formal proceedings prior to finally adopting the rule in accordance with this resolve; and be it further
Sec. 2. Appropriation. Resolved: That the following funds are appropriated from the General Fund to carry out the purposes of this resolve.
1999-00 2000-01
AGRICULTURE, FOOD AND RURAL RESOURCES, DEPARTMENT OF
Office of Agricultural, Natural and Rural Resources
Positions - Legislative Count (2.000) (2.000)
Personal Services $62,700 $87,793
All Other 57,300 32,207
Appropriates funds for one Nutrient Management Specialist position, one Agricultural Compliance Officer position and operating costs necessary to administer certain nutrient management rules.
DEPARTMENT OF AGRICULTURE, FOOD
AND RURAL RESOURCES ____________ ____________
TOTAL $120,000 $120,000
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 17, 1999.
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