This bill proposes to establish a system under which producers of tobacco products develop, finance and implement stewardship programs to collect, transport, process and safely dispose of post-consumer tobacco waste to reduce, prevent and mitigate the environmental effects of the disposal of that waste in the State.

The bill proposes to:

• 1. Prohibit tobacco producers or retailers from selling or offering for sale tobacco products in the State unless they are participating in an approved tobacco waste stewardship program;
• 2. Require a tobacco producer to provide retailers that sell tobacco products information about the producer's tobacco waste stewardship program and information regarding available collection opportunities for post-consumer tobacco product waste. Under the bill, a retailer that sells tobacco products would be required to provide that information to its consumers at the time of sale;
• 3. Require each tobacco producer to submit a plan for its tobacco waste stewardship program to the State for approval. The plan must:
• A. Specify educational and outreach activities and materials that promote and increase awareness of the tobacco waste stewardship program, including but not limited to a website and written materials. The outreach materials must identify options for establishing an effective collection system, promote a reduction in the generation of post-consumer tobacco product waste, identify each tobacco producer participating in the program, identify participating brands of tobacco products sold and identify the processors that manage the post-consumer tobacco product waste that is collected;
• B. Establish and provide for the implementation of goals to reduce the generation of post-consumer tobacco product waste;
• C. Outline the responsibility for negotiating and executing contracts to collect, transport and process post-consumer tobacco product waste for end-of-product management;
• D. Describe how the end-of-product management of post-consumer tobacco product waste that is collected under the tobacco waste stewardship program will use environmentally sound management practices that are consistent with state laws and other relevant environmental rules and practices for ultimate disposal;
• E. Establish a timeline for carrying out an annual assessment of the effectiveness of actions taken under the tobacco waste stewardship program;
• F. Include an anticipated annual operating budget for the tobacco waste stewardship program; and
• G. Identify an effective, convenient system for the collection of post-consumer tobacco product waste that ensures sufficient permanent collection sites and provides for collection events in geographically underserved areas;
• 4. Establish a process for tobacco producers to amend their tobacco waste stewardship programs;
• 5. Require tobacco producers to submit annual reports, which must include the volume of post-consumer tobacco product waste collected, an independent financial audit, an evaluation of the tobacco waste stewardship program's funding mechanism, an updated budget, samples of educational and outreach materials, documentation of compliance with collection requirements, a description of activities undertaken to achieve the program's goals as provided for in the program plan and identification of proposed changes to the program;
• 6. Allow the state agency charged with overseeing tobacco waste stewardship programs to develop a pilot project for a tobacco waste stewardship program;
• 7. Require the state agency charged with overseeing tobacco waste stewardship programs to establish a schedule of fees;
• 8. Make financial cost, production or sales data and records confidential and establish a process for disclosure of aggregate information;
• 9. Require the state agency charged with overseeing tobacco waste stewardship programs to publish by municipality, city or county the total weight of post-consumer tobacco product waste collected; and
• 10. Establish civil penalties for violations.

In order to qualify for the exemption, the contribution must have been made using income on which income tax was paid and is available only if the state in which the taxpayer resided at the time of the contribution provides a similar exemption to a former resident of Maine.

• 1. It requires the Department of Economic and Community Development, Office of Community Development to provide both basic and advanced training to code enforcement officers in the technical and legal aspects of code enforcement. Current law only requires that the office provide basic training to code enforcement officers.
• 2. It increases the maximum per day civil penalty for a specific violation of a municipal land use law or ordinance from $2,500 to $5,000 and increases the maximum per day civil penalty for a specific violation of a municipal shoreland zoning ordinance occurring within an area zoned for resource protection from $5,000 to $10,000.
• 3. It provides that a municipal shoreland zoning ordinance must require an applicant for a permit for development within the shoreland zone to provide to the municipal permitting authority preconstruction and postconstruction photographs of the shoreline vegetation and development site.

This bill proposes to enact measures designed to provide flexibility in the regulation of development near the shore. The purpose of the bill is to encourage the development of creative approaches to protect beaches and critical near-shore infrastructure threatened by sea level rise and storm damage.

This bill proposes to enact certain measures designed to allow for increased flexibility in emergency dispatch protocols. Currently, structured, standardized call-taking processes are implemented to assess a caller's condition, scene information and the appropriate response to dispatch to the emergency. This bill would examine:

• 1. Whether protocol-based call-taking processes result, in certain instances, in delays in emergency response and the need for additional staffing;
• 2. The extent to which the use of protocols improves or impedes the delivery of emergency services;
• 3. Any outstanding issues associated with appropriate and effective training in the use of emergency dispatch protocols; and
• 4. The costs associated with the implementation of standardized police dispatch protocols that are borne by municipalities.

The credit is fully refundable after the application of nonrefundable credits.

This bill proposes to increase funding to the ConnectME Authority from $1,000,000 to $5,000,000 to expand universal broadband and high-speed Internet into rural areas identified as the 6% of the State unserved by high-speed Internet. This bill proposes to make expanding high-speed Internet into unserved rural areas a key emphasis in the economic development of and to multiply the return to the State by directing the ConnectME Authority to use the increased funding to increase the rate of strategic broadband investment and leverage additional federal funding to provide middle-mile and last-mile infrastructure in the unserved areas and to correct broadband deficiencies identified in the ConnectME Authority's baseline update of 2013.

• 1. Excludes from the definition of disposable food service container polystyrene foam coolers and ice chests that are used for the processing or shipping of seafood;
• 2. Adds sleeves and stirrers to the definition of service ware;
• 3. Excludes from the definition of food establishment hospitals licensed under the Maine Revised Statutes, Title 22, chapter 405 and so-called meals on wheels establishments funded in whole or in part directly or indirectly by the Department of Health and Human Services; and
• 4. Incorporates from the existing law, which was repealed in the amendment, regarding nondegradable food and beverage containers certain definitions, a penalty provision and a prohibition on the use of plastic beverage stirrers by food establishments providing or serving beverages at a facility or function of the State or of a political subdivision.

This bill proposes to provide ongoing funding for improvements to water and wastewater infrastructure statewide, including, but not limited to, funding to support the State Water and Wastewater Infrastructure Fund established in the Maine Revised Statutes, Title 30-A, section 6006-H.

Amendment H-206
This amendment replaces the bill, which is a concept draft. The amendment does the following:

• 1. It amends the law governing the use of the Liquor Operation Revenue Fund after all liquor operation revenue bonds and any ancillary obligations secured by the fund have been retired to provide additional funding for water and wastewater infrastructure. Specifically, while current law provides a maximum of 15% of funds available after retirement of the bonds be used for matching funds for federal programs for drinking water and wastewater systems, the amendment provides 30% of funds after bond retirement be designated for drinking water and wastewater purposes. The amendment divides the 30% between drinking water and wastewater at 45% and 55% respectively. For both drinking water and wastewater the amendment provides the funds first be used for the state match for federal funds for revolving loans.
• 2. It amends the law governing the State Water and Wastewater Infrastructure Fund and the Maine Clean Water Fund to allow the funds to be used to provide assistance for capital investment in private and commercial wastewater systems.

The bill also creates an advisory group on beach management, to be convened by the Commissioner of Environmental Protection for the purpose of developing and recommending objectives, strategies, legislation and other actions to mitigate coastal erosion in the State and to keep beaches healthy for storm protection, habitat protection for coastal wildlife species and for recreational use. The group is directed to review the report titled "Integrated Beach Management Program Working Group Report," dated January 2017 and submitted to the Joint Standing Committee on Environment and Natural Resources in the First Regular Session of the 128th Legislature, update the data and findings contained in that report, if necessary, and review and update the specific recommendations for legislative, regulatory or other actions contained in that report, if necessary. No later than February 15, 2020, the commissioner is required to submit a report to the Joint Standing Committee on Environment and Natural Resources containing the findings and recommendations of the group following its review of the 2017 report, including any proposed legislation necessary to implement those recommendations. After reviewing the report, the committee may report out legislation to implement those recommendations.

The bill also requires that health insurance carriers that provide coverage for maternity services also provide coverage for abortion services. The bill applies this requirement to all health insurance policies and contracts issued or renewed on or after January 1, 2020, except for those religious employers granted an exclusion of coverage. The bill authorizes the Superintendent of Insurance to grant an exemption from the requirements if enforcement of the requirements would adversely affect the allocation of federal funds to the State.

Amendment H-210
This amendment is the majority report of the committee. The amendment adds language exempting the provisions of the bill from the provisions of the Maine Revised Statutes, Title 24-A, section 2752. The amendment reallocates the section of the bill requiring the Department of Health and Human Services to pay for abortion services for MaineCare members and adds language to authorize the department to adopt rules using the emergency rule-making provisions of the Maine Administrative Procedure Act.

Amendment S-275
The amendment adds an appropriations and allocations section. This amendment also makes technical corrections.

LD 820 Chaptered Law
LD 820 Chaptered Law fiscal note

The bill also prohibits the Department of Environmental Protection and the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry from permitting, approving or otherwise authorizing any oil or natural gas exploration, development or production in, on or under the submerged and intertidal land owned by the State.

It is the intent of this legislation to generally prohibit activities relating to offshore oil and natural gas exploration, development and production within the boundaries and jurisdiction of the State, which place the State's coastal communities at economic and ecological risk from oil spills, and from the pollution caused by routine drilling operations and onshore industrialization, and threaten the quality of life and livelihoods of Maine citizens and economically significant industries, including tourism, recreation and commercial and recreational fishing, and small businesses that rely on a clean and healthy ocean and clean and healthy beaches.

Amendment H-425
This amendment, which is the majority report of the committee, amends the bill to clarify the prohibition on oil or natural gas exploration, development or production activities as follows.

• 1. It amends certain definitions to more clearly delineate the activities regulated and to specify that the transfer of oil or natural gas resources to or from the waters of the State, including both on-loading and offloading of oil or natural gas resources between an oil terminal facility and a vessel or between vessels, is not prohibited under the bill.
• 2. It removes language specifically prohibiting exploration, development or production activities that may adversely affect the waters of the State.

• 1. It defines "conversion therapy" as any practice or course of treatment that seeks or purports to change an individual's sexual orientation or gender identity, except for any practice or treatment that assists an individual undergoing a gender transition; any practice or treatment that provides acceptance, support and understanding to an individual; and any practice or treatment that facilitates an individual's coping, social support or identity exploration and development, including any therapeutic intervention that is neutral with regard to sexual orientation or gender identity, and that seeks to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling does not seek to change the individual's sexual orientation or gender identity.
• 2. It prohibits certified school psychologists and guidance counselors, nurses, doctors, physician assistants, psychologists, psychological examiners, alcohol and drug counselors and aides, social workers, pharmacists and pharmacy technicians, professional counselors, marriage and family therapists, pastoral counselors, speech-language pathologists and assistants and audiologists from advertising, offering or administering conversion therapy to individuals under 18 years of age. Advertising, offering or administering conversion therapy to an individual under 18 years of age in violation of this prohibition is grounds for discipline of the professional by the department or board that issued the professional's license, certification or registration, including but not limited to suspension or revocation of the license, certification or registration.
• 3. It prohibits MaineCare reimbursement for conversion therapy administered to an individual who is under 18 years of age.
• 4. It includes a statement of legislative findings and intent.

• 1. Part A of this bill authorizes the issuance of bonds, in the amount of $5,000,000, to be used to support improvements to sea level prediction models by providing more detailed mapping of coastal zones and monitoring sea level changes in order to mitigate the impact of and help prepare for rising sea levels.
• 2. Part B of this bill authorizes the issuance of bonds, in the amount of $6,000,000, to be used to provide partnership funds and matching grants for geospatial data acquisition to communities that are creating or improving digital parcel maps to accurately identify existing boundaries and land use, identify potential community development areas and protect environmental resources.
• 3. Part C of this bill authorizes the issuance of bonds, in the amount of $3,000,000, to be used to collect data, monitor waterways and perform tests related to the known increasing ocean acidity along the Maine coast and its impact on natural wildlife and commercially important species in Maine waters, such as lobsters and clams.

This bill maintains the $141 allocation for fiscal year 2019-20, but provides $94 to each school administrative unit and an additional $47 to school administrative units that have established regionalized administrative services and to those school administrative units that have been identified as high-performing, efficient school administrative units.

• 1. Requiring that any testing conform to any applicable state or federal process, protocol or standard for the testing of tobacco; and
• 2. Providing that if a testing facility does not test adult use marijuana or an adult use marijuana product within 5 days of receiving the marijuana or marijuana product from a licensee, the licensee may sell or distribute the marijuana or marijuana product if the marijuana or marijuana product is labeled "Untested." If upon testing a testing facility determines that the marijuana or marijuana product exceeds the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required, the testing facility is required to immediately notify the Department of Administrative and Financial Services and the licensee. The licensee is required to recover, document, quarantine and hold the marijuana or marijuana product for either remediation and retesting or destruction by the department.

• 1. Establishes the Renewable Energy Program to promote the achievement of the following goal: that, by January 1, 2050, 100% of the energy consumed in this State will be supplied by renewable resources;
• 2. Directs that, no later than January 1, 2030, all electricity purchased by state agencies must be supplied by renewable resources and that, no later than January 1, 2050, all heating, ventilation and air conditioning systems in state-owned or state-leased buildings must be electrical and the electricity must be supplied by renewable resources; and
• 3. Directs that, no later than January 1, 2050, all vehicles acquired for the state vehicle fleet must be electric vehicles.

• 1. Establishes the Maine Climate Change Council to assist Maine to mitigate, prepare for and adapt to climate change;
• 2. Provides that by January 1, 2030 80% of electricity consumed in the State must come from renewable resources and by January 1, 2050 100% of electricity consumed in the State must come from renewable resources;
• 3. Updates the greenhouse gas emissions reductions required in statute; and
• 4. Requires that the state climate action plan be updated by December 1, 2020 and every 4 years thereafter.

• 1. It removes from the bill provisions regarding requirements for the consumption of electricity from renewable resources.
• 2. It stipulates an interim greenhouse gas emissions reductions level to be achieved by January 1, 2040, requiring by such date that the greenhouse gas emissions reductions be on a trajectory sufficient to achieve the 2050 annual emissions reductions level in the bill.
• 3. It clarifies the rule-making authority concerning compliance rules for the greenhouse gas emissions reductions levels required under the bill, specifying that the rules are to be adopted by the Board of Environmental Protection rather than the Department of Environmental Protection and that the rules must be consistent with the updated climate action plan and must be fair and equitable and account for and give significant weight to greenhouse gas emissions reductions already achieved by various sectors.
• 4. It requires the State's climate action plan update to include development of a clean energy economy transition plan.
• 5. It amends the Maine Climate Change Council, which is proposed in the bill, as follows.
• A. It changes the name of the council to the Maine Climate Council.
• B. It adds as a member of the council the Commissioner of Labor, increasing the total membership to 39.
• C. It clarifies member compensation and terms of membership, increasing the term for public members from 2 years to 3 years.
• D. It clarifies the purpose and makeup of the council's steering committee as well as the designation of the members of the Scientific and Technical Subcommittee and the working groups.
• E. It clarifies the duties and responsibilities of the council, the subcommittee and the working groups.
• F. It removes language from the bill authorizing the subcommittee and the working groups to solicit and accept funding, and instead authorizes the council to conduct all funding solicitation and acceptance.
• G. It requires, beginning January 15, 2021, and annually thereafter, that the council submit a report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters describing the activities of the council, the subcommittee and its working groups over the prior calendar year and including any findings and recommendations of the council, including any proposed legislation. After reviewing the report, the committee may report out legislation to implement any recommendations contained in the report.
  
  It requires that the report also include a list of the amounts and sources of any funds accepted by the council in the prior calendar year, excluding those funds appropriated or allocated by the Legislature, and an indication of whether such outside funds were expended in the prior calendar year and, if expended, the purpose or purposes of the expenditure.
• 6. It makes a number of other clarifications and technical changes to the bill.