| | Emergency preamble. Whereas, Acts of the Legislature do not become | effective until 90 days after adjournment unless enacted as | emergencies; and |
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| | Whereas, dams in this State may be removed without appropriate | and sufficient public input; and |
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| | 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, |
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| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 38 MRSA c. 5, sub-c. 1, art. 7 is enacted to read: |
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| PUBLIC PROCESS FOR DAM REMOVAL |
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| §921.__Notice and public hearing |
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| | When a dam in this State is proposed to be removed, the dam | owner shall file a notice with the commissioner and the | commissioner shall hold a public hearing on the proposed | removal in the community in which the dam is located.__To the | extent the commissioner has authority under this Title or | under other law to take action on the proposed removal, the | commissioner may not take action in accordance with that | authority unless a public hearing under this section is held. |
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| | Sec. 2. Retroactivity. This Act applies retroactively to January | 1, 1996. |
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| | Sec. 3. Application. This Act applies to dams that are not removed | as of the effective date of this Act. |
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| | Emergency clause. In view of the emergency cited in the | preamble, this Act takes effect when approved. |
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| | This bill requires the Department of Environmental | Protection to hold a public hearing before a dam is removed. |
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