5 §3331. Land and Water Resources Council
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 8: STATE PLANNING HEADING: PL 1967, C. 533, §1 (NEW)
Chapter 314: COORDINATION OF LAND USE AND NATURAL RESOURCE MANAGEMENT HEADING: PL 1993, C. 721, PT. C, §1 (NEW); 1995, C. 537, §3 (RPR)
Subchapter 1: LAND AND WATER RESOURCES COUNCIL HEADING: PL 1995, C. 537, §3 (NEW)
§3331. Land and Water Resources Council
1. Council established; membership. In order to facilitate more effective interagency coordination of the State's activities regarding natural resource and land use management, the Land and Water Resources Council, referred to in this chapter as the "council," is established. The chair of the council is appointed by and serves at the pleasure of the Governor. The membership of the council is as follows:
A. The Commissioner of Agriculture, Food and Rural Resources; [1993, c. 721, Pt. C, §1 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
B. The Commissioner of Conservation; [1993, c. 721, Pt. C, §1 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
C. The Commissioner of Environmental Protection; [1993, c. 721, Pt. C, §1 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
D. The Commissioner of Health and Human Services; [1993, c. 721, Pt. C, §1 (NEW); 1993, c. 721, Pt. H, §1 (AFF); 2003, c. 689, Pt. B, §7 (REV).]
E. The Commissioner of Inland Fisheries and Wildlife; [1993, c. 721, Pt. C, §1 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
F. The Commissioner of Marine Resources; [1993, c. 721, Pt. C, §1 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
G. The Commissioner of Transportation; [1993, c. 721, Pt. C, §1 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
H. The Commissioner of Economic and Community Development or the commissioner's designee; and [1995, c. 688, §3 (AMD).]
I. The Director of the State Planning Office. [1993, c. 721, Pt. C, §1 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
[ 1995, c. 688, §3 (AMD); 2003, c. 689, Pt. B, §7 (REV) .]
2. Duties; responsibilities. The council shall advise the Governor, the Legislature and state agencies in the formulation of policies for management of the State's land and water resources to achieve state environmental, economic and social goals pursuant to Title 30-A, section 4312. Any state, federal, regional or local agency or private organization may interact and cooperate with the council in fulfilling the goals.
Specifically, the council shall:
A. Recommend coordinated state policy regarding major programs or proposals that affect the natural environment of the State and land use management issues and that involve the concerns of more than one state agency; [1993, c. 721, Pt. C, §1 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
B. Support the full implementation of an integrated program to provide a substantially improved land and water resources information base for planning purposes; [1993, c. 721, Pt. C, §1 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
C. Provide direction to the State's land and water use planning and management programs and encourage coordination of these efforts through review and comment on agency program plans, specific projects and legislative proposals that involve interagency concerns; [1993, c. 721, Pt. C, §1 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
D. Periodically evaluate, in consultation with affected interests, the State's environmental regulatory system and growth management program, including legislation, regulations and procedures, and recommend appropriate action, if any is needed to improve service to applicants and municipalities; [1993, c. 721, Pt. C, §1 (NEW); 1993, c. 721, Pt. H, §1 (AFF).]
E. Study specific land and water resources management issues and problems of state-level significance in order to develop sound, coordinated policies; [1997, c. 519, Pt. A, §1 (AMD).]
F. Seek cooperation from federal agencies with responsibilities for land and water resources management to ensure that their programs and projects serve the best interests of the State; and [1997, c. 519, Pt. A, §1 (AMD).]
G. Administer the Lakes Heritage Trust Fund established in subsection 6. [1997, c. 519, Pt. A, §2 (NEW).]
[ 1997, c. 519, Pt. A, §§1, 2 (AMD) .]
3. Tasks for 1994.
[ 1997, c. 587, §1 (RP) .]
4. Quarterly meetings; biennial report. The council shall meet at least quarterly. In addition, the council shall prepare a work program for each year establishing priorities among its efforts. Every 2 years beginning in 2009 and no later than January 15th, the council shall prepare and submit to the Governor and to the joint standing committee of the Legislature having jurisdiction over natural resource matters a report describing its activities during the previous 2 calendar years and an outline of anticipated activities for the current calendar year. Member agencies shall provide staff support.
[ 2007, c. 619, §1 (AMD) .]
5. Reporting on the land use mediation program. The council shall report by December 1, 1998, December 1, 2000, December 1, 2003 and every 2 years thereafter to the Governor, the Administrative Office of the Courts, the Executive Director of the Legislative Council and the Director of the Court Alternative Dispute Resolution Service on the operation and effectiveness of the land use mediation program established under subchapter II. The reports must list the number and type of mediation requests received, the number of mediation sessions conducted, the number of signed mediation agreements, a summary of the final disposition of mediation agreements, a narrative discussion of the effectiveness of the program as determined by the council, a summary of deposits and expenditures from the land use mediation fund created in Title 4, section 18-B, subsection 10 and any proposals by the council with respect to the operation, improvement or continuation of the mediation program.
[ 2001, c. 184, §3 (AMD) .]
6. Lakes Heritage Trust Fund. The Lakes Heritage Trust Fund is established in the Executive Department for the purpose of protecting, preserving and enhancing the quality and value of the State's lakes and great ponds. By majority vote of all members, the council may accept monetary contributions to the fund from any public or private source and may spend or disburse those funds in a manner consistent with law for the purposes stated in this subsection. The council shall include an accounting of all donations to and expenditures from the Lakes Heritage Trust Fund in its biennial report to the Legislature under subsection 4.
[ 2009, c. 652, Pt. A, §1 (AMD) .]
7. Watershed protection. The council may create, implement and administer a comprehensive watershed protection program in order to ensure the development and implementation of locally supported watershed management plans. In implementing the program, the council shall coordinate the activities of the agencies involved in watershed management to:
A. Develop and implement strategies designed to protect the State's surface waters from nonpoint source pollution; [1997, c. 519, Pt. A, §3 (NEW).]
B. Conduct scientific research and water quality surveys to establish baseline information about the condition of the State's surface waters and the relative risk to surface waters from nonpoint sources of pollution; [1997, c. 519, Pt. A, §3 (NEW).]
C. Implement regulatory and nonregulatory approaches to watershed protection, including public education and technical assistance; [1997, c. 519, Pt. A, §3 (NEW).]
D. Coordinate activities with local governments, other state agencies, federal agencies and other organizations that are involved in activities aimed at controlling nonpoint source pollution; and [1997, c. 519, Pt. A, §3 (NEW).]
E. Establish priorities for the purpose of directing resources to the management of water bodies based on an assessment of their value, the degree of threat or impairment to water quality and aquatic habitat due to nonpoint source pollution, the likelihood of meeting watershed management objectives and the degree of public support in the watershed for watershed management. [1997, c. 519, Pt. A, §3 (NEW).]
[ 1997, c. 519, Pt. A, §3 (NEW) .]
8. Water Resources Planning Committee. The council shall convene the Water Resources Planning Committee, referred to in this subsection as “the committee.”
A. The committee's membership must include, at a minimum:
(1) Personnel from:
(a) The Department of Conservation, Maine Geological Survey;
(b) The Department of Agriculture, Food and Rural Resources;
(c) The Department of Environmental Protection;
(d) The Maine Land Use Regulation Commission;
(e) The drinking water program of the Department of Health and Human Services; and
(f) The Executive Department, State Planning Office; and
(2) Members of the public with expertise in:
(a) Agriculture;
(b) Public water utilities;
(c) Water bottling and the sale of bottled water;
(d) The use of water by private domestic well owners;
(e) The environment and conservation; and
(f) The use of water by commercial entities. [2007, c. 399, §1 (NEW).]
B. The committee shall meet at least quarterly and report annually to the council, beginning in August 2008. The committee shall plan for the sustainable use of water resources focusing on the following three phases.
(1) In the first phase, the committee shall focus on:
(a) Collecting and reviewing information regarding water withdrawal activities;
(b) Coordinating state water resources information; and
(c) Identifying watersheds at risk by refining the watersheds-at-risk analysis previously performed by the Maine Geological Survey, including:
(i) Conducting appropriate water resource investigations in watersheds at risk;
(ii) Considering projected increased water use by population, agricultural irrigation, commercial users, industrial users and other users in refining the watersheds-at-risk analysis;
(iii) Considering seasonal use in refining the watersheds-at-risk analysis;
(iv) Considering potential effects of climate change when refining the watersheds-at-risk analysis;
(v) Considering the effects of anticipated future water quality classification changes on the availability of water for withdrawal when refining the watersheds-at-risk analysis;
(vi) In establishing priorities for such investigations, seeking input from the user community, from towns dealing with multimunicipal aquifers and from towns with significant local aquifers; and
(vii) Developing guidelines for consistency in investigations.
(2) In the 2nd phase, the committee shall focus on convening planning groups in watersheds at risk or regions encompassing multiple watersheds at risk to develop water use management plans for water withdrawals. Based on the needs of the individual watershed or region, planning group participants must be drawn from:
(a) Personnel from:
(i) The Department of Conservation, Maine Geological Survey;
(ii) The Department of Agriculture, Food and Rural Resources;
(iii) The Department of Environmental Protection;
(iv) The Maine Land Use Regulation Commission;
(v) The drinking water program of the Department of Health and Human Services;
(vi) The Executive Department, State Planning Office; and
(vii) The Department of Inland Fisheries and Wildlife; and
(b) Members of the public with expertise in:
(i) Agriculture;
(ii) Public water utilities;
(iii) Water bottling and the sale of bottled water;
(iv) The environment and conservation;
(v) Aquaculture;
(vi) Business and commerce;
(vii) Industrial water use; and
(viii) Municipal government.
(3) In the 3rd phase, if oversubscription of water use remains after the analysis conducted in the 2nd phase, the committee shall recommend a process to resolve issues. [2007, c. 399, §1 (NEW).]
C. The committee shall conduct annual reviews of state policy with regard to:
(1) Conservation of water resources;
(2) The development of regional sources and solutions to water use issues;
(3) Incentives for stewardship of water resources; and
(4) Impacts of surface water quality improvements on water withdrawal opportunities. [2007, c. 399, §1 (NEW).]
D. The committee shall provide guidance to municipalities and develop and disseminate educational materials on water resources and the regulatory regime. [2007, c. 399, §1 (NEW).]
[ 2007, c. 399, §1 (NEW) .]
SECTION HISTORY
1993, c. 721, §C1 (NEW). 1993, c. 721, §H1 (AFF). 1995, c. 537, §4 (AMD). 1995, c. 688, §3 (AMD). 1997, c. 393, §A10 (AMD). 1997, c. 519, §§A1-3 (AMD). 1997, c. 587, §1 (AMD). 2001, c. 184, §3 (AMD). 2003, c. 689, §B7 (REV). 2007, c. 399, §1 (AMD). 2007, c. 619, §1 (AMD). 2009, c. 652, Pt. A, §1 (AMD).