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RESOLVES
Second Special Session of the 121st

CHAPTER 127
H.P. 1372 - L.D. 1846

Resolve, Regarding Legislative Review of Portions of Chapter 895: Underground Facility Damage Prevention Requirements, a Major Substantive Rule of the Public Utilities Commission

     Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and

     Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and

     Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and

     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, be it

     Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 895: Underground Facility Damage Prevention Requirements, a provisionally adopted major substantive rule of the Public Utilities Commission that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the following changes are made.

     1. In the provision identified in the rule as Section 6(A)(1)(d) the language is modified to read substantially as follows:

     2. A provision is added specifying that the provisions identified as Section 4(B)(1)(a)(ii), Section 6(A)(1)(d) and Section 7(A-1) do not take effect until May 1, 2005.

     3. The provision identified in the rule as Section 5(B)(9) is amended to read substantially as follows:

     The commission is not required to hold hearings or conduct other formal proceedings prior to finally adopting the rule in accordance with this resolve.

     Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

Effective April 9, 2004.

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