Bill Summary – FastDemocracy

APPROVED                  CHAPTER
                                                                  APRIL 16, 2024                 169
                                                                 BY GOVERNOR                RESOLVES
                                  STATE OF MAINE
                                           _____
                           IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-FOUR
                                           _____
                                   S.P. 590 - L.D. 1471
Resolve, Regarding Legislative Review of Portions of Chapter 200: Metallic
Mineral Exploration, Advanced Exploration and Mining, a Late-filed Major
     Substantive Rule of the Department of Environmental Protection
   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, a major substantive rule was submitted to the Legislature outside the
legislative rule acceptance period and a legislative instrument to allow for legislative
review was not prepared; 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, notwithstanding any provision of the Maine
Revised Statutes, Title 5, chapter 375, subchapter 2-A to the contrary, and using this resolve
as provided in Title 5, section 8072, subsection 11, the Legislature authorizes final adoption
of portions of Chapter 200: Metallic Mineral Exploration, Advanced Exploration and
Mining, a provisionally adopted major substantive rule of the Department of
Environmental Protection that was submitted February 29, 2024 to the Legislature for
review pursuant to Title 5, chapter 375, subchapter 2-A outside the legislative rule
acceptance period, only if the following changes are made:
    1. The rule must be amended, as necessary, in section 36(B), and any other relevant
sections to provide that, as part of a preapplication mine waste and ore sampling and testing
plan, proposed rock sampling under such plan must:
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    A. Include a minimum of 4 samples per acre of proposed exclusion area, except that
    the department may require less than 4 but not less than 2 samples per acre in cases
    where the department determines that the geology is uniform and not complex, such
    that requiring less than 4 but not less than 2 samples per acre is appropriate; and
    B. Be conducted by a qualified professional;
    2. The rule must be amended, as necessary, in section 36(C), and any other relevant
sections to provide that, as part of a preapplication water quality evaluation plan, proposed
water quality testing on groundwater and surface water samples from a proposed exclusion
area must include, but not be limited to, testing for perfluoroalkyl and polyfluoroalkyl
substances, or PFAS. The rule must also require water quality testing on groundwater and
surface water samples from reclaimed portions of an exclusion area, as directed by the
department, that includes, but is not limited to, testing of those samples for PFAS;
    3. The rule must be amended, as necessary, in section 39 to require, as a condition of
the department's approval of an exclusion application, that all lighting fixtures implemented
or used by the licensee within the exclusion area must be designed to reduce, to the greatest
extent practicable, the glare and light pollution on all adjacent areas through the use of
shielding, reflectors, light diffusors and other measures, as specified by the department.
The rules must establish requirements for allowable lighting fixtures within the exclusion
area that limit each lighting fixture to a light emittance rating of not more than 2,000 lumens
and a correlated color temperature of not more than 3,000K;
    4. The rule must be amended, as necessary, in section 39 to require, as a condition of
the department's approval of an exclusion application, that reclamation within an exclusion
area must, to the greatest extent practicable, be designed to result in restoration of natural
vegetation and other wildlife and aquatic resources that existed prior to the commencement
of mining activities within the exclusion area;
    5. The rule must be amended, as necessary, in section 39(D)(4), and any other relevant
sections, to provide that the total area within an exclusion area that is actively used for the
physical extraction of metallic minerals and not yet reclaimed does not exceed 5 acres.
    A. In calculating whether the 5-acre limit is reached, the rule may not include the areas
    within an exclusion area that are not actively used for the physical extraction of metallic
    minerals, including, but not limited to, areas where extracted material is stockpiled or
    stored; areas where extracted material is crushed, ground or physically sorted; areas
    that include buildings or other structures relating to or supporting mining activities;
    and access roads, parking lots and related infrastructure.
    B. Once the 5-acre limit is reached, the rule must require reclamation in order to
    expand the area within the exclusion area that is actively used for the physical
    extraction of metallic minerals such that, at any time, a maximum of 5 acres in total are
    actively used for the physical extraction of metallic minerals and not yet reclaimed.
The rule must provide for the requirements and standards applicable to the reclamation of
all areas within the exclusion area, including those areas not actively used for the physical
extraction of metallic minerals; and
    6. All other necessary changes must be made to the rule to ensure conformity and
consistency throughout the rule and to ensure consistency between the rule and the
provisions of the Maine Revised Statutes, Title 38, section 490-NN, subsection 4, including
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any necessary grammatical, formatting, punctuation or other technical, nonsubstantive
editing changes.
    The Department of Environmental Protection is not required to hold hearings or
undertake further proceedings prior to final adoption of the rule in accordance with this
section.
    Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
                                  Page 3 - 131LR2272(03)
Statutes affected: 
Bill Text LD 1471, SP 590: 38.490