Sec. 1. 12 MRSA §8870, sub-§5 is enacted to read:

5.__Supplemental environmental projects.__In settling a civil enforcement action for any violation of any of the provisions of the laws administered by the bureau, including without limitation a violation of the terms or conditions of any order, rule, license, permit, approval or decision of the bureau, the parties may agree to a supplemental environmental project that mitigates not more than 80% of the assessed penalty.__"Supplemental environmental project" means an environmentally beneficial project primarily benefiting the public health or the environment that a violator is not otherwise required or likely to perform.

A.__An eligible supplemental environmental project is limited to the following categories:

(1)__Environmental enhancement projects in the same ecosystem or geographic area of the violation that significantly improve an area beyond what is required to remediate any damage caused by the violation that is the subject of the enforcement action;

(2)__Community forestry projects in the same ecosystem or geographic area of the violation that are conducted in accordance with the purposes of section 8705;

(3)__Environmental awareness projects substantially related to the violation that provide training, publications or technical support to members of the public and that are regulated by the Department of Conservation; or

(4)__Scientific research and data collection projects that advance the scientific basis on which regulatory decisions are made.

B.__A supplemental environmental project may not be used in the following situations:

(1)__Repeat violations of the same or a substantially similar law administered by the Department of Conservation by the same person;

(2) When a project is required by law;

(3)__If the violator had previously planned and budgeted for the project;