An Act to Impose Moratoria on Hydropower Dam Removal and on Water Release from Nonhydropower Dams and to Make Other Changes to the Laws Regulating Such Dams

Printed on recycled paper
132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 430
H.P. 284 House of Representatives, February 4, 2025
An Act to Impose Moratoria on Hydropower Dam Removal and on
Water Release from Nonhydropower Dams and to Make Other
Changes to the Laws Regulating Such Dams
(EMERGENCY)
Reference to the Committee on Environment and Natural Resources suggested and ordered
printed.
ROBERT B. HUNT
Clerk
Presented by Representative CAMPBELL of Orrington.
Cosponsored by Representatives: RUDNICKI of Fairfield, SOBOLESKI of Phillips, STROUT
of Harrington.

Page 1 - 132LR0191(01)
1Emergency preamble. Whereas, acts and resolves of the Legislature do not
2 become effective until 90 days after adjournment unless enacted as emergencies; and
3Whereas, hydropower dams on Maine rivers generate significant quantities of
4 renewable energy, contribute critical tax revenue and other economic benefits to
5 surrounding communities and support local employment, both directly and indirectly; and
6Whereas, historical water levels and water flows supported by hydropower and
7 nonhydropower dams on Maine rivers are relied upon by certain mills and other river-
8 adjacent businesses for their operations, as well as by upstream and downstream property
9 owners and others for water-dependent public and private recreational uses; and
10Whereas, the removal of hydropower dams will result in a loss of renewable energy
11 generation capacity and local tax revenue, economic benefits and employment, and the
12 removal of both hydropower and nonhydropower dams will result in a significant reduction
13 in water levels in previously dammed rivers and lakes that may impair or prevent the
14 continued operation of mills and businesses that are dependent on water access and use,
15 may reduce surrounding property values and may threaten water-dependent public and
16 private recreational uses; and
17Whereas, given recent developments regarding the future of certain hydropower and
18 nonhydropower dams in the State, the moratoria on dam removal and water release
19 provided in this legislation must take effect immediately to ensure full consideration of the
20 associated implications of removal of, or water release from, any dam; and
21Whereas, in the judgment of the Legislature, these facts create an emergency within
22 the meaning of the Constitution of Maine and require the following legislation as
23 immediately necessary for the preservation of the public peace, health and safety; now,
24 therefore,
25Be it enacted by the People of the State of Maine as follows:
26Sec. 1. 38 MRSA §634, sub-§5 is enacted to read:
275. Dam removal; moratorium. Notwithstanding subsection 4 or any other provision
28 of this subarticle to the contrary, the department may not approve an application for a
29 permit to remove a dam that is part of a hydropower project.
30 This subsection is repealed January 1, 2027.
31Sec. 2. 38 MRSA §902, sub-§1, as enacted by PL 1995, c. 630, §3, is amended to
32 read:
331. Consultation required. Within 180 210 days of filing a petition pursuant to section
34 901, a dam owner shall consult with the persons and entities listed in subsection 3 to
35 determine whether any of them wish to assume ownership of the dam. During consultation
36 with each person or group of persons, the owner shall explain the process set forth in this
37 article and shall inform the person or group that the department may issue an order
38 requiring release of the water impounded by the dam if a new owner is not located. A dam
39 owner may meet the obligation to consult with property owners by holding a public meeting
40 and consulting with the persons who appear at that meeting, as long as notice has been sent
41 to each property owner as required in section 901.
Page 2 - 132LR0191(01)
1Sec. 3. 38 MRSA §902, sub-§1-A, as corrected by RR 2013, c. 2, §48, is amended
2 to read:
31-A. Extension of consultation period. The consultation period under subsection 1
4 must be extended for an additional 180 210 days if:
5 A. A municipality in which the dam or impoundment is located applies to the
6 department for an extension and demonstrates that the municipality needs additional
7 consultation time to facilitate an agreement for municipal ownership of the dam; or
8 B. The dam owner applies to the department for an extension.
9 The consultation period under subsection 1 may not be extended for more than 180 210
10 days regardless of the number of applications for extension under this subsection.
11Sec. 4. 38 MRSA §902, sub-§4, as amended by PL 1997, c. 789, §2 and affected
12 by §5, is further amended to read:
134. Report on notice compliance. The dam owner shall file a report with the
14 department within 180 210 days of filing a petition that includes:
15 A. Evidence that the owner complied with the notice requirements set forth in section
16 901; and
17 B. Names and addresses of persons notified under section 901.
18Sec. 5. 38 MRSA §902, sub-§4-A, as corrected by RR 1997, c. 2, §64, is amended
19 to read:
204-A. Report on consultation process. The dam owner shall file a report with the
21 department within 180 210 days of filing a petition or before the conclusion of an extension
22 to the consultation period granted pursuant to subsection 1‑A that includes:
23 A. Names and addresses of parties consulted in accordance with this section; and
24 B. The results of the consultations and whether a new owner has been located.
25Sec. 6. 38 MRSA §903, sub-§2, as enacted by PL 1995, c. 630, §3 and amended
26 by PL 2011, c. 657, Pt. W, §5, is further amended to read:
272. Evaluation of fisheries and wildlife value. Within 60 90 days of receiving notice
28 under subsection 1, the Department of Inland Fisheries and Wildlife shall review the
29 following factors and determine whether the best interest of the public requires that
30 department to assume ownership of the dam:
31 A. The cost of maintaining the dam;
32 B. The value to fisheries and wildlife of maintaining the dam; and
33 C. The value to fisheries and wildlife of releasing water from the dam.
34 The Department of Inland Fisheries and Wildlife shall notify the department of its
35 determination. If the Department of Inland Fisheries and Wildlife determines, after
36 considering these factors, that the best interest of the public requires it to assume ownership
37 of the dam, the department shall issue an order directing the dam owner to transfer the dam
38 to the Department of Inland Fisheries and Wildlife within a reasonable period of time. If
39 the Department of Inland Fisheries and Wildlife determines that it will not assume
Page 3 - 132LR0191(01)
40 ownership, the department shall notify the Department of Agriculture, Conservation and
41 Forestry.
3Sec. 7. 38 MRSA §903, sub-§3, as enacted by PL 1995, c. 630, §3 and amended
4 by PL 2011, c. 657, Pt. W, §5, is further amended to read:
53. Evaluation of public recreational value. Within 60 90 days of receiving notice
6 under subsection 2, the Department of Agriculture, Conservation and Forestry shall review
7 the following factors and determine whether the best interest of the public requires that
8 department to assume ownership of the dam:
9 A. The cost of maintaining the dam;
10 B. The value to public recreation, conservation and public use of maintaining the dam;
11 and
12 C. The value to public recreation, conservation and public use of releasing water from
13 the dam.
14 The Department of Agriculture, Conservation and Forestry shall notify the department of
15 its determination. If the Department of Agriculture, Conservation and Forestry determines,
16 after considering these factors, that the best interest of the public requires it to assume
17 ownership of the dam, the department shall issue an order directing the dam owner to
18 transfer the property to the Department of Agriculture, Conservation and Forestry within a
19 reasonable period of time. If the Department of Agriculture, Conservation and Forestry
20 determines that it will not assume ownership of the dam, the department shall notify the
21 Maine Emergency Management Agency.
22Sec. 8. 38 MRSA §903, sub-§4, as enacted by PL 1995, c. 630, §3, is amended to
23 read:
244. Evaluation of public safety value. Within 60 90 days of receipt of notice under
25 subsection 3, the Maine Emergency Management Agency shall review the following
26 factors and determine whether the best interest of the public requires that agency to assume
27 ownership of the dam:
28 A. The cost of maintaining the dam;
29 B. The value to public safety, particularly flood protection, of maintaining the dam;
30 and
31 C. The value to public safety, particularly flood protection, of releasing water from the
32 dam.
33 The Maine Emergency Management Agency shall notify the department of its
34 determination. If that agency determines, after considering these factors, that the best
35 interest of the public requires it to assume ownership of the dam, the department shall issue
36 an order directing the dam owner to transfer ownership of the dam to the Maine Emergency
37 Management Agency within a reasonable period of time.
38Sec. 9. 38 MRSA §905, sub-§3 is enacted to read:
393. Water release order; moratorium. Notwithstanding subsection 1 or any other
40 provision of this article to the contrary, the department may not issue an order to a dam
41 owner to release water from the dam pursuant to subsection 1 and may not, at the request
1
2
Page 4 - 132LR0191(01)
42 of the dam owner, otherwise authorize or approve the removal of a dam governed by this
43 article.
3 This subsection is repealed January 1, 2027.
4Sec. 10. Department of Environmental Protection; report. The Department
5 of Environmental Protection shall evaluate options for implementation of processes,
6 programs or initiatives to address negative outcomes that may be experienced by
7 municipalities, businesses and property owners upon the removal of, or significant change
8 in, water flows from a hydropower or nonhydropower dam, including, but not limited to,
9 interruptions in or loss of water supply for adjacent municipalities and businesses and
10 damage to or impairment of public and private property and infrastructure resulting from
11 dam removal or change in water flows. In conducting the evaluation under this section, the
12 department may, as necessary, consult with relevant agencies and other stakeholders,
13 including, but not limited to, the Department of Agriculture, Conservation and Forestry,
14 the Department of Inland Fisheries and Wildlife and the Department of Defense, Veterans
15 and Emergency Management, Maine Emergency Management Agency. On or before
16 January 1, 2026, the department shall submit to the Joint Standing Committee on
17 Environment and Natural Resources a report outlining the department's evaluation under
18 this section and including its recommendations along with draft legislation as necessary.
19 After reviewing the report, the committee may report out legislation relating to the report
20 to the Second Regular Session of the 132nd Legislature.
21Emergency clause. In view of the emergency cited in the preamble, this legislation
22 takes effect when approved.
23SUMMARY
24 This bill amends the laws governing hydropower and nonhydropower dams as follows.
25 1. It amends the laws governing hydropower projects to prohibit the Department of
26 Environmental Protection from approving an application for a permit to remove a dam that
27 is part of a hydropower project. This prohibition is repealed January 1, 2027.
28 2. It amends the laws governing release from ownership and water level maintenance
29 for nonhydropower dams to prohibit the department from issuing an order to a dam owner
30 to release water from the dam or, at the request of the dam owner, otherwise authorize or
31 approve the removal of a nonhydropower dam. This prohibition is repealed January 1,
32 2027.
33 3. It also amends the laws governing release from ownership and water level
34 maintenance for nonhydropower dams to extend by 30 days certain statutory deadlines
35 under those laws relating to the required consultation process to determine whether a
36 change in dam ownership is available and relating to the assessment of certain public values
37 associated with the dam by certain state agencies.
38 The bill also directs the department to evaluate options for implementation of
39 processes, programs or initiatives to address negative outcomes that may be experienced
40 by municipalities, businesses and property owners upon the removal of, or significant
41 change in, water flows from a hydropower or nonhydropower dam, including, but not
42 limited to, interruptions in or loss of water supply for adjacent municipalities and
43 businesses and damage to or impairment of public and private property and infrastructure
1
2
24
Page 5 - 132LR0191(01)
44 resulting from dam removal or change in water flows. On or before January 1, 2026, the
45 department is required to submit to the Joint Standing Committee on Environment and
46 Natural Resources a report outlining its evaluation and including its recommendations
47 along with draft legislation as necessary. After reviewing the report, the committee may
48 report out related legislation.
1
2
3
4
5