Feb 14, 2012

Maine laws protecting environment face bills today to weaken them. Interested party redefined; plus more site law exemptions & redef of "adverse environmental impact"

Friends, what the heck are they thinking with these bills? Being heard today! Click for hearings links!  By replaced interested party with "aggrieved person" does it limit the ability of citizens to be involved?   Get rid of concept of "interested party? Please let me know what you think.  See also the two bills listen below this one...



Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §682, sub-§6-A is enacted to read:
6-APerson aggrieved. "Person aggrieved" means a person that the commission determines has suffered or may suffer an actual or imminent injury as a result of a licensing or other decision of the commission. For the purposes of this subsection, "injury" means a decision of the commission that adversely and directly affects or will adversely and directly affect an aggrieved person's property, pecuniary or personal rights.


Sec. 2. 38 MRSA §341-D, sub-§4, ¶A, as enacted by PL 1989, c. 890, Pt. A, §13 and affected by §40, is amended to read:
A. Final license or permit decisions made by the commissioner when a person aggrieved by a decision of the commissioner appeals that decision to the board within 30 days of the filing of the decision with the board staff. The board staff shall give written notice to persons that have asked to be notified of the decision. The board may allow the record to be supplemented when it finds that the evidence offered is relevant and material and that:
(1) An interested party A person aggrieved seeking to supplement the record has shown due diligence in bringing the evidence to the licensing process at the earliest possible time; or
(2) The evidence is newly discovered and could not, by the exercise of diligence, have been discovered in time to be presented earlier in the licensing process.
The board is not bound by the commissioner's findings of fact or conclusions of law but may adopt, modify or reverse findings of fact or conclusions of law established by the commissioner. Any changes made by the board under this paragraph must be based upon the board's review of the record, any supplemental evidence admitted by the board and any hearing held by the board;


Sec. 3. 38 MRSA §361-A, sub-§3-D is enacted to read:
3-DPerson aggrieved. "Person aggrieved" means a person that the department determines has suffered or may suffer an actual or imminent injury as a result of a licensing or other decision of the department. For the purposes of this subsection, "injury" means a decision of the department that adversely and directly affects or will adversely and directly affect an aggrieved person's property, pecuniary or personal rights.

-- 
OTHER BILLS TODAY
Environment and Natural Resources Committee Feb 14, 2012 1pm
LD 1648An Act To Clarify the Site Location of Development Laws Regarding Exemptions for Previously Developed SitesFeb 14, 2012, 1:00pRoom 214 Cross Building
LD 1793Resolve, Regarding Legislative Review of Portions of Chapter 375: No Adverse Environmental Effect Standard of the Site Location Law, a Major Substantive Rule o...



No comments: