HP0332, LD 493, item 1, An Act To Create the Ocean Acidification Council

An Act To Create the Ocean Acidification Council

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

Sec. 1. 5 MRSA §12004-I, sub-§57-H is enacted to read:

57-H.

Marine Resources

Ocean Acidification Council

Legislative Per Diem and Expenses

38 MRSA c. 33

This subsection is repealed December 31, 2018.

Sec. 2. 38 MRSA c. 33 is enacted to read:

CHAPTER 33

THE OCEAN ACIDIFICATION COUNCIL

§ 3301. The Ocean Acidification Council

1. Establishment and purpose. The Ocean Acidification Council, referred to in this section as "the council," established by Title 5, section 12004-I, subsection 57-H, is created to identify, study, prevent, remediate and mitigate the direct and indirect effects of coastal and ocean acidification on species that are commercially harvested and grown in the State's coastal and ocean environments.

2. Membership. The council consists of the following 16 members:

A. Two members of the Senate appointed by the President of the Senate, including one member from each of the 2 parties holding the largest number of seats in the Legislature;

B. Three members of the House of Representatives appointed by the Speaker of the House, including at least one member from each of the 2 parties holding the largest number of seats in the Legislature;

C. Eight members appointed by the Commissioner of Marine Resources, including:

(1) Two representatives of an environmental or community group or one from each type of organization;

(2) Three persons who fish commercially, including at least one aquaculturist; and

(3) Three scientists who have studied coastal or ocean acidification; and

D. Three members as follows:

(1) The Commissioner of Marine Resources or the commissioner's designee;

(2) The Commissioner of Environmental Protection or the commissioner's designee; and

(3) The Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee.

3. Chairs. The first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair.

4. Staff assistance. Within the limits of its budget, the council is authorized to contract with and employ staff members to assist the council in carrying out its duties. In the event funding does not permit adequate staff support, the Department of Marine Resources and the Department of Environmental Protection shall provide staff support within the departments' existing resources.

5. Quorum. For purposes of holding a meeting, a quorum is 7 members. A quorum must be present to start a meeting or to vote but not to continue or adjourn a meeting.

6. Terms; vacancies. Members of the council serve for a term of 2 years and may be reappointed. A vacancy must be filled in the same manner as the original appointment. Members may continue to serve until their replacements are designated. A member may designate an alternate to serve on a temporary basis.

7. Consultation. Whenever the council considers it appropriate, the council may seek the advice of experts in fields related to its duties.

8. Powers and duties. The council:

A. Shall meet at least twice annually;

B. Shall review, study and analyze existing scientific literature and data on coastal and ocean acidification and how it has directly or indirectly affected or may potentially affect commercially harvested and grown species along the coast of the State;

C. Shall identify critical scientific data and knowledge gaps pertaining to coastal and ocean acidification as well as critical scientific data and knowledge gaps pertaining to the effects of coastal and ocean acidification on species that are commercially harvested and grown along the coast of the State;

D. Shall include in its review of the relevant scientific literature and data the results of studies presented at conferences or workshops related to coastal and ocean acidification;

E. Shall identify and monitor the factors contributing to coastal and ocean acidification;

F. Shall work to strengthen existing scientific monitoring, research and analysis regarding the causes of and trends in coastal and ocean acidification;

G. Shall identify methods and protocols to mitigate coastal and ocean acidification;

H. Shall work to increase public awareness of coastal and ocean acidification;

I. Shall work to implement the recommendations contained in the December 2014 report of the Commission To Study the Effects of Coastal and Ocean Acidification and Its Existing and Potential Effects on Species That Are Commercially Harvested and Grown Along the Maine Coast authorized by Resolve 2013, chapter 110;

J. When appropriate, may consult and advise State agencies, the Legislature, Maine's congressional delegation, the Governor and federal entities on matters regarding coastal and ocean acidification;

K. May assist the Legislature and the Governor on pending legislation related to coastal and ocean acidification, including, but not limited to, by providing testimony at a public hearing on legislation before a joint standing committee of the Legislature;

L. May examine existing laws pertaining to coastal and ocean acidification;

M. Shall identify and promote economic development opportunities afforded by ocean acidification through development and commercialization of new technologies and businesses;

N. May recommend or submit to the Legislature legislation relating to coastal and ocean acidification matters; and

O. May hold public hearings to receive testimony and recommendations from the members of the public and qualified experts on matters related to coastal and ocean acidification.

9. Report. The council shall submit an annual report of its activities to the Governor, the joint standing committee of the Legislature having jurisdiction over marine resources matters and the joint standing committee of the Legislature having jurisdiction over environmental protection matters. The council shall post the report on a publicly accessible website maintained by the State.

10. Reimbursement of expenses. The members of the council are compensated according to the provisions of Title 5, section 12004-I, subsection 57-H.

11. Accounting; outside funding. All funds appropriated, allocated or otherwise provided to the council must be deposited in an account separate from all other funds of the Legislature and are nonlapsing. Funds in the account may be used only for the purposes of the council. The council may seek and accept outside funding and is authorized on behalf of the State to accept federal funds to fulfill council duties. Prompt notice of solicitation and acceptance of funds must be sent to the Legislative Council. All funds accepted must be forwarded to the Executive Director of the Legislative Council, along with an accounting that includes the amount received, the date that amount was received, from whom that amount was received, the purpose of the donation and any limitation on use of the funds. The executive director shall administer all funds received in accordance with this subsection. At the beginning of each fiscal year, and at any other time at the request of the cochairs of the council, the executive director shall provide to the council an accounting of all funds available to the council, including funds available for staff support.

§ 3302. Repeal

This chapter is repealed December 31, 2018.

SUMMARY

This bill establishes the Ocean Acidification Council to identify, study, prevent, remediate and mitigate the direct and indirect effects of coastal and ocean acidification on species that are commercially harvested and grown in the State's coastal and ocean environments.

It provides for 16 council members, including 2 members of the Senate, 3 members of the House of Representatives, 2 representatives of an environmental or community group, 3 persons who fish commercially, including at least one aquaculturist, 3 scientists and the Commissioner of Marine Resources, the Commissioner of Environmental Protection and the Commissioner of Agriculture, Conservation and Forestry or those commissioners' designees.

The powers and duties of the council include, but are not limited to, the following:

1. Reviewing, analyzing and studying the existing scientific literature and data on coastal and ocean acidification and how it has directly or indirectly affected or may potentially affect commercially harvested and grown species along the coast of the State;

2. Identifying and monitoring the factors contributing to coastal and ocean acidification and identifying methods to mitigate acidification;

3. Working to implement the recommendations contained in the December 2014 report of the Commission To Study the Effects of Coastal and Ocean Acidification and Its Existing and Potential Effects on Species That Are Commercially Harvested and Grown Along the Maine Coast established by Resolve 2013, chapter 110;

4. Advising state agencies, the Legislature, Maine's congressional delegation, the Governor and federal entities on matters of coastal and ocean acidification;

5. Assisting the Legislature and the Governor with pending legislation related to coastal and ocean acidification including giving testimony at a public hearing on legislation before a joint standing committee of the Legislature;

6. Identifying and promoting economic development opportunities afforded by ocean acidification through development and commercialization of new technologies and businesses;

7. Recommending or submitting legislation to the Legislature relating to coastal and ocean acidification matters; and

8. Holding public hearings to receive testimony and recommendations from members of the public and qualified experts on matters related to coastal and ocean acidification.

This bill also requires the council to submit an annual report to the Legislature and authorizes the council to accept funding from outside sources and contains a provision repealing the laws establishing the council December 31, 2018.

HP0332 LD 493	Session - 127th Maine Legislature		LR 372 Item 1
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