HP0160, LD 197, item 1, An Act To Convene a Working Group To Authorize a Public Trust for Maine's Groundwater and To Impose a 2-year Moratorium on Large-scale Groundwater Extraction

An Act To Convene a Working Group To Authorize a Public Trust for Maine's Groundwater and To Impose a 2-year Moratorium on Large-scale Groundwater Extraction

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

Sec. 1. 35-A MRSA §6109-C is enacted to read:

§ 6109-C. Moratorium on new contracts or agreements for large-scale extraction of groundwater

Notwithstanding any provision of law to the contrary, beginning November 1, 2019, a consumer-owned water utility, municipality, state agency or other governmental entity may not enter into a contract or agreement with another entity that involves the extraction of more than 75,000 gallons of groundwater during any week or more than 50,000 gallons of groundwater on any day, except if the groundwater is to be extracted solely for agricultural use or storage for agricultural use. This section does not affect the validity or operation of any contract or agreement entered into by a consumer-owned water utility, municipality, state agency or other governmental entity prior to November 1, 2019.

This section is repealed October 31, 2021.

Sec. 2. Working group to develop Maine Water Trust; Commissioner of Environmental Protection report to Legislature. Notwithstanding Joint Rule 353, the Commissioner of Environmental Protection shall convene a working group to develop and submit to the Legislature recommendations for the establishment of the Maine Water Trust, referred to in this section as "the trust." No later than November 1, 2019, the commissioner or the commissioner's designee shall convene the first meeting of the working group.

1. Members. The working group consists of the following members:

A. The Commissioner of Environmental Protection or the commissioner's designee;

B. Two members of the Joint Standing Committee on Environment and Natural Resources, one appointed by the President of the Senate and one appointed by the Speaker of the House of Representatives;

C. A member of the Senate, appointed by the President of the Senate, and a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and

D. Six members appointed by the Commissioner of Environmental Protection as follows:

(1) A geologist or hydrologist not employed by the State;

(2) An individual with expertise in farming or agriculture;

(3) Two representatives of environmental advocacy organizations operating in the State; and

(4) Two members of the general public with an interest in the development of a statewide groundwater trust.

2. Duties. The working group shall develop the statutory and regulatory framework necessary for the establishment of the trust, including laws establishing the absolute control and dominion of the State, in the form of the trust, over all groundwater in the State. The working group shall ensure that the trust is designed to:

A. Determine and monitor the levels and quantities of groundwater necessary to provide a safe and plentiful drinking water supply to all residents of the State;

B. Determine and monitor the quantities of groundwater that may be accessed by private entities for commercial use;

C. Permit or otherwise regulate the use of groundwater for commercial purposes; and

D. Inventory and address issues with the water infrastructure of the State, including municipal drinking water and wastewater pipelines and associated systems.

3. Report. On or before January 15, 2021, the Commissioner of Environmental Protection shall report the recommendations of the working group, including any proposals for statutory or regulatory changes necessary to establish the trust in accordance with subsection 2, to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters. After reviewing the report, the committee may report out a bill to implement recommendations contained in the report to the First Regular Session of the 130th Legislature.

SUMMARY

This bill imposes a 2-year moratorium, beginning November 1, 2019, on new contracts or agreements by a consumer-owned water utility, municipality, state agency or other governmental entity involving the extraction of more than 75,000 gallons of groundwater during any week or more than 50,000 gallons of groundwater on any day. The bill also directs the Commissioner of Environmental Protection to convene a working group to develop the statutory and regulatory framework for the establishment of the Maine Water Trust, which must be designed to ensure a safe and plentiful drinking water supply for all residents of the State by regulating the use of groundwater for commercial purposes under laws that establish the absolute control and dominion of the State over all groundwater supplies in the State. The commissioner must, on or before January 15, 2021, report the recommendations of the working group to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters, which may report out a bill to implement those recommendations to the First Regular Session of the 130th Legislature.

HP0160 LD 197	Session - 129th Maine Legislature		LR 605 Item 1
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