HP0241, LD 336, item 1, An Act Relating to Clean Water Certification by the Department of Environmental Protection

An Act Relating to Clean Water Certification by the Department of Environmental Protection

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 38 MRSA §464, sub-§14 is enacted to read:

14. Legislative approval of water quality certification for hydropower projects. The department or the Maine Land Use Planning Commission, referred to in this section as "the commission," may not approve a water quality certification pursuant to the Federal Water Pollution Control Act, 33 United States Code, Section 1341 for an existing or a proposed hydropower project, as defined in section 632, subsection 3, unless the department or commission submits the proposed water quality certification to the Legislature in accordance with this subsection and the certification is approved by the Legislature.

A. When considering approval of a water quality certification for an existing or a proposed hydropower project, the department or commission shall proceed with the approval process to the point of, but not including, final approval. At that point, known as "provisional approval," the department or commission shall submit the provisionally approved certification to the Legislature for review and authorization for final approval as provided in this subsection.

B. At the time the department or commission provisionally approves a water quality certification for an existing or a proposed hydropower project, the department or commission shall submit to the Executive Director of the Legislative Council 20 copies of:

(1) The full text of the provisionally approved water quality certification; and

(2) A concise summary of the content of the water quality certification.

C. When the Executive Director of the Legislative Council receives the provisionally approved water quality certification, the executive director shall notify the Revisor of Statutes, who shall draft an appropriate legislative instrument to allow for legislative review and action upon the provisionally approved water quality certification during the legislative session. The Secretary of the Senate and the Clerk of the House shall place the legislative instrument on the Advance Journal and Calendar for suggested referral to the joint standing committee of the Legislature having jurisdiction over environmental and natural resources matters. After floor action on referral of the legislative instrument to committee is completed, the Secretary of the Senate and the Clerk of the House shall send copies of the provisionally approved water quality certification and related information to each member of the committee.

D. The joint standing committee of the Legislature having jurisdiction over environmental and natural resources matters shall review each provisionally approved water quality certification referred to it and, in its discretion, may hold public hearings on that certification. A public hearing under this paragraph must be advertised in the same manner as required by legislative rules then in effect for advertisement of public hearings on proposed legislation. The committee's review must include, but is not limited to, a determination of whether the department or commission exceeded the scope of its authority in provisionally approving the water quality certification.

E. After reviewing a provisionally approved water quality certification referred to it by the Legislature, the joint standing committee of the Legislature having jurisdiction over environmental and natural resources matters shall recommend:

(1) That the Legislature authorize the final approval of the certification;

(2) That the Legislature authorize the final approval of the certification with certain specified amendments; or

(3) That final approval of the certification be disapproved by the Legislature.

Sec. 2. Retroactivity. Notwithstanding the Maine Revised Statutes, Title 1, section 302, this Act applies retroactively to August 1, 2011.

summary

This bill adds an additional step to the process for Department of Environmental Protection and Maine Land Use Planning Commission approval of water quality certifications for existing and proposed hydropower projects. The bill requires the department or commission to submit provisionally approved water quality certifications to the Legislature for review and approval by the joint standing committee of the Legislature having jurisdiction over environmental and natural resources matters and the Legislature. The review process is similar to legislative review of major substantive rules. The provisions of the bill apply retroactively to August 1, 2011.

HP0241 LD 336	Session - 126th Maine Legislature		LR 232 Item 1
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