Previous PageTable Of ContentsNext Page

PUBLIC LAWS OF MAINE
First Special Session of the 118th

CHAPTER 374
H.P. 1123 - L.D. 1579

An Act to Ensure Stable Funding of Pollution Abatement Programs Administered by the Department of Environmental Protection

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

     Sec. 1. 38 MRSA §352, sub-§2-A is enacted to read:

     2-A. Fee adjustment. The commissioner may adjust the fees established in this subchapter on an annual basis according to the United States Consumer Price Index established by the federal Department of Labor, Bureau of Labor Statistics.

     Sec. 2. 38 MRSA §352, sub-§3, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §11, is further amended to read:

     3. Maximum fee. Except as provided in this subsection, no fee may exceed the maximum established in Table I. The commissioner shall set the actual fees and shall publish a schedule of all fees by August 1st of each year. If the commissioner determines that a particular application, by virtue of its size, uniqueness, complexity or other relevant factors, is likely to require significantly more costs than those listed on Table I, the commissioner may designate that application as subject to special fees. A special fee may not exceed $40,000. Such a designation must be made at, or prior to, the time the application is accepted as complete and may not be based solely on the likelihood of extensive public controversy. All department staff who have worked on the review of the application must shall submit quarterly reports to the commissioner detailing the time spent on the application and all expenses attributable to the application. The processing fee for that application must be the actual cost to the department. The applicant shall must be billed quarterly and all fees paid prior to receipt of the permit.

     Sec. 3. 38 MRSA §353-A, sub-§2, as enacted by PL 1991, c. 384, §8 and affected by §16, is amended to read:

     2. Fee adjustment. The commissioner may adjust the per ton fees, the annual fee surcharge set forth in subsection 1-A and the maximum and minimum fees set forth in subsection 4 on an annual basis according to the United States Consumer Price Index established by the federal Department of Labor, Bureau of Labor Statistics.

     Sec. 4. 38 MRSA §568-A, sub-§1, ¶B-2 is enacted to read:

     Sec. 5. 38 MRSA §568-A, sub-§7 is enacted to read:

     7. Repeal date. This section is repealed December 31, 2005.

     Sec. 6. 38 MRSA §569-A, sub-§5, ¶A, as amended by PL 1993, c. 553, §3 and affected by §8, is further amended to read:

     Sec. 7. 38 MRSA §569-A, sub-§13, as enacted by PL 1991, c. 817, §26, is amended to read:

     13. Repeal date. This section is repealed on December 31, 1999 2005.

     Sec. 8. 38 MRSA §569-B, sub-§4, as amended by PL 1995, c. 399, §18 and affected by §21, is further amended to read:

     4. Funding. A fee of per barrel of gasoline and per barrel of refined petroleum products and their by-products other than gasoline and liquid asphalt, including #6 fuel oil, #2 fuel oil, kerosene, jet fuel and diesel fuel, is assessed on the transfer of those products by oil terminal facility licensees, as defined in section 542, subsection 7. These fees must be paid monthly by the oil terminal facility licensees on the basis of records certified to the commissioner and credited to the Ground Water Oil Clean-up Fund upon receipt by the department, except that the commissioner shall transfer the amount of these fees in excess of 3¢ per barrel of gasoline and 2¢ per barrel of refined petroleum products and their by-products, other than gasoline and liquid asphalt, as follows.

After an aggregate sum of $5,000,000 has been transferred to the Finance Authority of Maine and an aggregate sum of $3,000,000 has been transferred to the Maine State Housing Authority pursuant to this subsection, the per barrel fee assessed pursuant to this subsection must be reduced by 6¢ per barrel.
If the fund balance is reduced to $3,000,000 or less, the Fund Insurance Review Board may adopt rules increasing the fees imposed under this subsection by up to 10¢ per barrel for gasoline and up to 5¢ per barrel for other petroleum products, except liquid asphalt and #6 fuel oil, as necessary to avoid a shortfall in the fund. The board may use the emergency rule-making procedures under Title 5, section 8054 to ensure that the fee increase is instituted in time to avoid a shortfall. Any fee increase adopted pursuant to board rules terminates and the original fees imposed by this subsection apply when the fund balance reaches $5,000,000.

     Sec. 9. 38 MRSA §569-B, sub-§8, as enacted by PL 1991, c. 817, §26, is amended to read:

     8. Effective date. This section takes effect December 31, 1999 2005.

     Sec. 10. 38 MRSA §570-A, 2nd ¶, as enacted by PL 1991, c. 66, Pt. A, §32, is amended to read:

     This section is repealed December 31, 1999 2005.

     Sec. 11. 38 MRSA §570-B, 2nd ¶, as enacted by PL 1991, c. 66, Pt. A, §33, is amended to read:

     This section is repealed December 31, 1999 2005.

     Sec. 12. 38 MRSA §570-I, 2nd ¶, as enacted by PL 1991, c. 66, Pt. C, §2, is amended to read:

     This section is effective takes effect December 31, 1999 2005.

     Sec. 13. 38 MRSA §570-J, 2nd ¶, as enacted by PL 1991, c. 66, Pt. C, §2, is amended to read:

     This section is effective December 31, 1999 2005.

     Sec. 14. PL 1989, c. 865, §25 is repealed.

     Sec. 15. PL 1991, c. 817, §28 is amended to read:

     Sec. 28. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 38, section 570, first paragraph, as repealed and replaced by Public Law 1987, chapter 735, section 72, takes effect December 31, 1999 2005.

     Sec. 16. PL 1991, c. 817, §30 is amended to read:

     Sec. 30. Repeal. That section of this Act that amends the Maine Revised Statutes, Title 38, section 570, first paragraph, as amended by Public Law 1989, chapter 865, section 17 and affected by sections 24 and 25, is repealed December 31, 1999 2005.

Effective September 19, 1997, unless otherwise indicated.

Revisor of Statutes Homepage Subject Index Search Laws of Maine Maine Legislature

About the Laws Of Maine

Previous PageTop Of PageTable Of ContentsNext Page

Office of the Revisor of Statutes
State House, Room 108
Augusta, Maine 04333
(207) 287-1650 Fax: (207) 287-6468

Contact the Office of the Revisor of Statutes