§640. Public participation

Link to law: http://legislature.maine.gov/legis/statutes/38/title38sec640.html
Published: 2015

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§640. Public participation

Unless otherwise provided in accordance with regulations promulgated by the Federal
Energy Regulatory Commission, for all existing hydropower projects located in Maine
currently licensed under the Federal Power Act, and for all proposed hydropower projects
requiring a license to operate under the Federal Power Act, all state agencies that
review, comment on and consult in the proposed studies, plans, terms and conditions
in the course of licensing or relicensing these projects, including the Department of Agriculture, Conservation and Forestry, the Governor's Energy Office, the Department of Environmental Protection, the Department of Inland Fisheries and
Wildlife and the Department of Marine Resources, shall cooperatively take the following
steps to ensure that interested members of the public are informed of, and allowed
to participate in, the review and comment process. [2011, c. 655, Pt. MM, §22 (AMD); 2011, c. 655, Pt. MM, §26 (AFF); 2011, c. 657, Pt. W, §5 (REV).]

1. Publication. 
At the commencement of the consultation, review and comment process, the state agencies
involved shall publish notification of this fact, informing the public of the issues
anticipated to be involved in the licensing or relicensing process, the timetable
for processing of the license and the opportunities the public has to comment on and
participate in the process. The notice shall be designed to reach readership both
statewide and in the vicinity of the hydropower project, including all persons that
have contacted the agencies with an interest in this matter and all potentially interested

1989, c. 453, §2 (NEW)

2. Written notification of status. 
During the entire consultation process and including the filing of the license application
under the Federal Power Act, the state agencies shall inform in writing all members
of the public that have indicated an interest in the particular licensing process
of the status of that process, including all requirements that the agencies may be
placing upon the license applicant. That information shall be provided no less than
once every 4 months.

1989, c. 453, §2 (NEW)

3. Public comment. 
State agencies shall provide meaningful opportunities for public comment on the
plans, studies, terms and conditions to be recommended by the agencies for inclusion
in the license.

1989, c. 453, §2 (NEW)

4. Release of public information. 
All information submitted to the agencies by the applicants for a license under
the Federal Power Act constitutes a public record pursuant to Title 1, section 402, unless such information is otherwise
exempted from public disclosure by state law. Release of this information to members
of the public is governed by Title 1, section 408-A.

2011, c. 662, §24 (AMD)


1989, c. 453, §2 (NEW).
2011, c. 655, Pt. MM, §22 (AMD).
2011, c. 655, Pt. MM, §26 (AFF).
2011, c. 657, Pt. W, §5 (REV).
2011, c. 662, §24 (AMD).