Bill > LD1262

Introduced Session

This bill amends the Maine Administrative Procedure Act to authorize a person to petition an agency or the Attorney General, as applicable, to enforce an existing law or rule. It also establishes the Fund for Administrative Oversight within the Office of the Attorney General, to be overseen and administered by a fund administrator, appointed by the Governor. Revenue credited to that fund must be distributed to support: 1. Actions by persons seeking to petition or that have petitioned an agency for adoption or modification of rules; 2. Actions by persons seeking to petition or that have petitioned an agency or the Attorney General to initiate a proceeding to enforce an existing law or rule; and 3. Actions by persons seeking to intervene or otherwise participate in an agency rulemaking conducted, in an adjudicatory proceeding or in a licensing action. In distributing funds to such persons, the fund administrator must give priority to persons that are not commercial entities or entities that are otherwise subject to regulation under law or rule; whose interest or position, as determined by the fund administrator, is not otherwise adequately represented in the rulemaking, proceeding or licensing action; and whose interest or position, as determined by the fund administrator, is primarily focused on protecting or conserving the State's natural resources or environment, protecting the public health or safety or ensuring freedom of access to public information and government transparency. The bill also directs the Office of the Attorney General to consult with each state agency that issues licenses, permits or other approvals to persons to engage in regulated activities relating to the environment, natural resources, public health and safety and freedom of information and government transparency to identify a mechanism for imposing an additional fee amount for the issuance of those licenses, permits or approvals to support activities under the Fund for Administrative Oversight, in a manner designed to satisfy the anticipated annual demand for distributions from that fund for the agency. The fee amounts identified must be reasonable, must not unreasonably impede the activities of the regulated entity and must be designed to reflect the anticipated cost to the agency of oversight of the regulated entity and addressing any potential violations by the regulated entity, including any costs of corrective action or remediation undertaken by the agency. By January 1, 2026, the office must submit a report to the Joint Standing Committee on State and Local Government outlining its recommendations for imposing such additional fee amounts, including necessary proposed legislation, and the committee may report out related legislation. The recommendations and proposed legislation must be designed to provide for assessment and collection of the additional fee amounts beginning July 1, 2026 and must provide that of those fee amounts collected, 1/2 must be retained by the state agency assessing the fee to support its oversight and enforcement activities and 1/2 must be transferred to the Fund for Administrative Oversight to support activities under that fund.

Committee Categories

Gary Friedmann (D)*,  Rafael Macias (D),  Laurie Osher (D),  Dylan Pugh (D),  D. Ray (D),  Dan Sayre (D), 

Pursuant to Joint Rule 310.3 Placed in Legislative Files (DEAD) (on 04/29/2025)

Official Document