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Committee advances rule-review resolve implementing recent NERPA changes
Summary
The committee voted unanimously to report out LD 2171, a resolve to review major substantive department rules implementing statutory updates to significant wildlife habitat protections and erosion/sedimentation standards under the Natural Resources Protection Act.
The Environment and Natural Resources Committee voted to pass LD 2171, a resolve that advances provisionally adopted major substantive Department of Environmental Protection rules required by recent changes to the Natural Resources Protection Act.
Analyst testimony reviewed two recent statutes that prompted the rulemaking: a law expanding the list of significant wildlife habitats to include habitat for state endangered and threatened species, and a law strengthening protections for vernal pool habitat. The provisionally adopted rules update Natural Resources Protection Act standards and incorporate corresponding erosion and sedimentation control standards for identified habitats.
The Maine Association of Realtors submitted testimony asking the committee to consider whether the bill should include an emergency preamble or an effective date to allow more time to assess housing development impacts; the analyst noted committees sometimes remove emergency preambles during final action. The committee discussed process differences for major substantive rule resolves and then voted unanimously to report the resolve out of committee.
The committee noted a fiscal note is uncommon for rule resolves but confirmed the fiscal office will review if needed.
