Sec. 1. 38 MRSA §466, sub-§10, as enacted by PL 1985, c. 698, §15, is amended to read:

10. Resident biological community. "Resident biological community" means aquatic life expected to exist in a habitat which that is free from the influence of the discharge of any pollutant. This shall must be established by accepted biomonitoring techniques. With respect to a water storage reservoir, "resident biological community" means aquatic life expected to exist within the impounded waters of water storage reservoirs with drawdowns of similar magnitude.

Sec. 2. 38 MRSA §466, sub-§11-B is enacted to read:

11-B.__Water storage reservoir.__"Water storage reservoir" means an impoundment associated with a hydropower project, as defined by section 632, that was in existence prior to November 28, 1975, was not primarily lacustrine in its natural state, is classified under section 465-A and is managed to store and release water on an annual cycle to benefit downstream hydropower generation.

Sec. 3. Application. Notwithstanding the Maine Revised Statutes, Title 1, section 302, this Act applies to all proceedings pending before the Department of Environmental Protection on or after January 1, 2003.

SUMMARY

This bill clarifies that, in determining whether the habitat characteristics and aquatic life criteria are met in water storage reservoirs, the fact that there is different habitat and aquatic life in a water storage reservoir than in a natural great pond must be recognized. The Legislature recognizes that many of these water storage reservoirs were authorized by legislative charter for the express purpose of storing and releasing water for instream purposes and downstream uses and that water storage reservoirs are artificial and not natural. This bill therefore clarifies that in determining whether the structure and function of the resident biological community is maintained in water storage reservoirs the "resident biological community" to be evaluated is the aquatic life expected to exist within the impounded waters of water storage reservoirs with drawdowns of similar magnitude.