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An Act Making Supplemental Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending              June 30, 2012 and June 30, 2013

 

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, the 90-day period may not terminate until after the beginning of the next fiscal year; and

Whereas, certain obligations and expenses incident to the operation of state departments and institutions will become due and payable immediately; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

 

Be it enacted by the People of the State of Maine as follows:

 

 


PART A

Sec. A-1. Appropriations and allocations. The following appropriations and allocations are made.

 


PART B

Sec. B-1. Appropriations and allocations. The following appropriations and allocations are made.

 


PART C

 

Sec. C-1. 20-A MRSA §1462, sub-§2, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:

2Transfer.  The municipal officers and boards contacted pursuant to subsection 1 shall make the transfer of property and assets notwithstanding any other provision in the charter of the school administrative unit or municipality.  After the operational date of a regional school unit, if a transfer of property by a prior regional school unit, school administrative district or community school district has not occurred in accordance with the reorganization plan, the school board of the regional school unit may act as the successor to the school board of the prior regional school unit, school administrative district or community school district for purposes of transferring title by deed to the regional school unit or other transferee in accordance with the terms of the reorganization plan.

Sec. C-2. 20-A MRSA §15671, sub-§7, ¶A, as amended by PL 2011, c. 380, Pt. C, §1, is further amended to read:

 

A. The base total calculated pursuant to section 15683, subsection 2 is subject to the following annual targets.

 

(1) For fiscal year 2005-06, the target is 84%.

 

(2) For fiscal year 2006-07, the target is 90%.

 

(3) For fiscal year 2007-08, the target is 95%.

 

(4) For fiscal year 2008-09, the target is 97%.

 

(5) For fiscal year 2009-10, the target is 97%.

 

(6) For fiscal year 2010-11, the target is 97%.

 

(7) For fiscal year 2011-12, the target is 97%.

(8) For fiscal year 2012-13 and succeeding years, the target is 100%97%.

(9) For fiscal Year 2013-14 and succeeding years, the target is 100%.

 

Sec. C-3. 20-A MRSA §15671, sub-§7, ¶B, as amended by PL 2011, c. 477, Pt. C, §1, is further amended to read:

 

B. The annual targets for the state share percentage of the statewide adjusted total cost of the components of essential programs and services are as follows.

 

(1) For fiscal year 2005-06, the target is 52.6%.

 

(2) For fiscal year 2006-07, the target is 53.86%.

 

(3) For fiscal year 2007-08, the target is 53.51%.

 

(4) For fiscal year 2008-09, the target is 52.52%.

 

(5) For fiscal year 2009-10, the target is 48.93%.

 

(6) For fiscal year 2010-11, the target is 45.84%.

 

(7) For fiscal year 2011-12, the target is 46.13% 46.03%.

(8) For fiscal year 2012-13, the target is 46.71%.

 

Sec. C-4.  20-A MRSA §15671, sub-§7, ¶C as amended by PL 2011, c. 477, Pt. C, §2, is further amended to read:

 

C.  Beginning in fiscal year 2011-12, the annual targets for the state share percentage of the total cost of funding public education from kindergarten to grade 12 including the cost of the components of essential programs and services plus the state contributions to teacher retirement, retired teachers' health insurance and retired teachers' life insurance are as follows.

 

(1) For fiscal year 2011-12, the target is 49.56% 49.48%.

 

(2) For fiscal year 2012-13, the target is 52.50% 50.10%.

 

(3) For fiscal year 2013-14 and succeeding years, the target is 55%.

 

Sec. C-5. 20-A MRSA §15671-A, sub-§2, ¶B, as amended by PL 2011, c. 477, Pt. C, §3, is further amended to read:

 

B. For property tax years beginning on or after April 1, 2005, the commissioner shall calculate the full-value education mill rate that is required to raise the statewide total local share. The full-value education mill rate is calculated for each fiscal year by dividing the applicable statewide total local share by the applicable statewide valuation. The full-value education mill rate must decline over the period from fiscal year 2005-06 to fiscal year 2008-09 and may not exceed 9.0 mills in fiscal year 2005-06 and may not exceed 8.0 mills in fiscal year 2008-09. The full-value education mill rate must be applied according to section 15688, subsection 3-A, paragraph A to determine a municipality's local cost share expectation. Full-value education mill rates must be derived according to the following schedule.

 

(1) For the 2005 property tax year, the full-value education mill rate is the amount necessary to result in a 47.4% statewide total local share in fiscal year 2005-06.

 

(2) For the 2006 property tax year, the full-value education mill rate is the amount necessary to result in a 46.14% statewide total local share in fiscal year 2006-07.

 

(3) For the 2007 property tax year, the full-value education mill rate is the amount necessary to result in a 46.49% statewide total local share in fiscal year 2007-08.

 

(4) For the 2008 property tax year, the full-value education mill rate is the amount necessary to result in a 47.48% statewide total local share in fiscal year 2008-09.

 

(4-A) For the 2009 property tax year, the full-value education mill rate is the amount necessary to result in a 51.07% statewide total local share in fiscal year 2009-10.

 

(4-B) For the 2010 property tax year, the full-value education mill rate is the amount necessary to result in a 54.16% statewide total local share in fiscal year 2010-11.

 

(4-C) For the 2011 property tax year, the full-value education mill rate is the amount necessary to result in a 53.87% 53.97% statewide total local share in fiscal year 2011-12.

 

(5) For the 2012 property tax year, the full-value education mill rate is the amount necessary to result in a 47.74% 53.29%statewide total local share in fiscal year 2012-13.

 

(6) For the 2013 property tax year, the full-value education mill rate is the amount necessary to result in a 47.50% statewide total local share in fiscal year 2013-14.

 

(7) For the 2014 property tax year and subsequent tax years, the full-value education mill rate is the amount necessary to result in a 45% statewide total local share in fiscal year 2014-15 and after.

 

Sec. C-6. 20-A MRSA §15672, sub-§25-A, as enacted by PL 2007, c. 668, §35, is amended to read:

25-ASchool administrative unit.  "School administrative unit" means a school administrative unit as defined by section 1, subsection 26 except that for those school administrative units that are members of an alternative organizational structure, the alternative organizational structure is the school administrative unit for public charter schools pursuant to section 1, subsection 26, paragraph H are not school administrative units for the purposes of this chapter.

Sec.  C-7.  MRSA §15683-A, as amended by PL 2009, c. 213, Pt. C, §7 is further amended to read:

§15683-A. Total debt service allocation

For each school administrative unit, that unit's total debt service allocation is that unit's debt service costs as defined in section 15672, subsection 2-A. For the 2008-09 and 2009-10 funding years only, for each school administrative unit, that unit's total debt service allocation is that unit's debt service costs as defined in section 15672, subsection 2-A excluding 80% of the insured value factor pursuant to section 15672, subsection 2-A, paragraph C. For the 2010-11 funding year only, each  Each school administrative unit’s total debt service allocation must include the portion of the tuition cost applicable to the insured value factor for the base year computed under section 5806 limited to an insured value factor no greater than 5% for each eligible student.

Sec. C-8. 20-A MRSA §15689, sub-§1, ¶A as amended by PL 2009, c. 571, Pt. E, §21, is further amended to read:

1Minimum state allocation.  Each school administrative unit must be guaranteed a minimum state share of its total allocation that is an amount equal to the greater of the following:

A. The sum of the following calculations:

(1) Multiplying 5% of each school administrative unit's essential programs and services per-pupil elementary rate by the average number of resident kindergarten to grade 8 pupils as determined under section 15674, subsection 1, paragraph C, subparagraph (1); and

(2) Multiplying 5% of each school administrative unit's essential programs and services per-pupil secondary rate by the average number of resident grade 9 to grade 12 pupils as determined under section 15674, subsection 1, paragraph C, subparagraph (1).

The 5% factor in subparagraphs (1) and (2) must be replaced by: 4% for the 2009-10 funding year including funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009; 3% for the 2010-11 funding year including funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009; and 3% for the 2011-12 funding year; and 4% for the 2012-13 funding year and subsequent years; and

 

Sec. C-9. 20-A MRSA §15689, sub-§1, ¶B as amended by PL 2009, c. 571, Pt. E, §22, is further amended to read:

 

B. The school administrative unit's special education costs as calculated pursuant to section15681-A, subsection 2 multiplied by the following transition percentages:

 

(1) In fiscal year 2005-06, 84%;

(2) In fiscal year 2006-07, 84%;

(3) In fiscal year 2007-08, 84%;

(4) In fiscal year 2008-09, 45%;

(5) In fiscal year 2009-10, 40% including funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009;

(6) In fiscal year 2010-11, 35% including funds provided under Title XIV of the State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009; and

(7) In fiscal year 2011-12 and succeeding years, 30%., and

(8) In fiscal year 2012-13 and succeeding years, 35%.

 

These funds must be an adjustment to the school administrative unit's state and local allocation after the state and local allocation has been adjusted for debt service pursuant to subsection 2. Beginning July 1, 2007, these funds must be an adjustment to the school administrative unit's state and local allocation in addition to the state and local allocation that has been adjusted for debt service pursuant to subsection 2.

Sec. C-10. 20-A MRSA §15689, sub-§12, is enacted to read:

 

12.  Transfer of subsidy for statewide contract purchases.  The commissioner may expend and disburse funds on behalf of school administrative units for purchases of items available on statewide contracts.  The school administrative unit’s available state subsidy shall be reduced based on the cost of the items purchased and upon prior agreement with the school administrative unit.  If sufficient state subsidy funds are not available in the fiscal year in which the items were purchased, the reduction to subsidy may occur in the following fiscal year’s state subsidy.

Sec. C-11. 20-A MRSA §15689-A, sub-§21, is enacted to read:

 

21.  Fund for the Efficient Delivery of Educational Services.  The commissioner may expend and disburse funds for the Efficient Delivery of Educational Services in accordance with the provisions of chapter 114-A.

Sec. C-12. 20-A MRSA §15689-A, sub-§22, is enacted to read:

 

22.  MaineCare seed for school administrative units.  The commissioner may pay allowable school-based costs that represent the school administrative unit portion of MaineCare payments on behalf of the school administrative units.  A transfer of payment by the Department of Education to the Department of Health and Human Services shall occur on an agreed upon schedule and based on documentation of payments made from MaineCare funds.

Sec. C-13. 20-A MRSA §15690, sub-§1, ¶D, as amended by PL 2009, c. 571, Pt. E, §25, is further amended to read:

 

D. Beginning in fiscal year 2010-11, in any fiscal year in which the sum of the State's contribution toward the cost of the components of essential programs and services, exclusive of federal funds that are provided and accounted for in the cost of the components of essential programs and services, plus any federal stimulus funds applied to the State's contribution, falls below the State's target of 55% of the cost of the components of essential programs and services, the commissioner shall calculate the percentage of the State's 55% share that is funded by state appropriations and federal stimulus funds and, notwithstanding any other provision of this paragraph, a school administrative unit that raises at least the same percentage of its required local contribution to the total cost of funding public education from kindergarten to grade 12, including state-funded debt service, as the State's contribution plus federal stimulus funds toward its 55% share of the cost of the components of essential programs and services may not have the amount of its state subsidy limited or reduced under paragraph C.

This paragraph is repealed June 30, 2012 2013.

 

Sec. C-14.  PL 2011, c. 380, Pt. C, §§8-9, as amended by PL 2011, c. 477, §4, are further amended to read:

Sec. C-8. Total cost of funding public education from kindergarten to grade 12. The total cost of funding public education from kindergarten to grade 12 for fiscal year 2011-12 is as follows:

 

 

 

 

 

2011-12

 

 

 

TOTAL

Total Operating Allocation

 

 

 

 

 

 

 

Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 without transitions percentage

 

$1,390,771,314

 

 

 

 

 

Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 97% transitions percentage

 

$1,349,048,174

 

 

 

 

 

Total other subsidizable costs pursuant to the Maine Revised Statutes, Title 20-A, section 15681-A

 

$413,851,257

 

 

 

Total Operating Allocation

 

 

 

 

 

 

 

Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 and total other subsidizable costs pursuant to Title 20-A, section 15681-A

 

$1,762,899,431

 

 

 

 

Total Debt Service Allocation

 

 

 

 

 

 

 

Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A

 

$104,575,834

 

 

 

 

Total Adjustments and Miscellaneous Costs

 

 

 

 

 

 

 

Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, sections 15689 and 15689-A

 

$67,593,846

$64,093,846

 

 

 

Total Cost of Funding Public Education from Kindergarten to Grade 12

 

 

 

 

 

 

 

Total cost of funding public education from kindergarten to grade 12 for fiscal year 2011-12 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B

 

$1,935,069,111

$1,931,569,111

 

 

 

 

 

Total cost of the state contribution to teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2011-12 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423

 

$172,592,848

 

 

 

 

 

Adjustment pursuant to the Maine Revised Statutes, Title 20-A, section 15683, subsection 2

 

$41,723,140

 

 

 

 

 

Total cost of funding public education from kindergarten to grade 12

 

$2,149,385,099

$2,145,885,099

 

Sec. C-9.  Local and state contributions to total cost of funding public education from kindergarten to grade 12. The local contribution and the state contribution appropriation provided for general purpose aid for local schools for the fiscal year beginning July 1, 2011 and ending June 30, 2012 is calculated as follows:

 

 

 

 

2011-12

2011-12

 

 

LOCAL

STATE

Local and State Contributions to the Total Cost of Funding Public Education from Kindergarten to Grade 12

 

 

 

 

 

 

 

Local and state contributions to the total cost of funding public education from kindergarten to grade 12 pursuant to the Maine Revised Statutes, Title 20-A, section 15683 - subject to statewide distributions required by law

$1,042,466,969

$892,602,142

$889,102,142

 

 

 

 

 

State contribution to the total cost of teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2011-12 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423

 

$172,592,848

 

 

 

 

 

State contribution to the total cost of funding public education from kindergarten to grade 12

 

$1,065,194,990

$1,061,694,990

 

Sec. C-15.  Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20A, section 15671-A for fiscal year 2012-13 is 7.69.

Sec. C-16.  Total cost of funding public education from kindergarten to grade 12. The total cost of funding public education from kindergarten to grade 12 for fiscal year 2012-13 is as follows:

 

 

 

 

 

2012-13

 

 

 

TOTAL

Total Operating Allocation

 

 

 

 

 

 

 

Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 without transitions percentage

 

$1,395,869,772

 

 

 

 

 

Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 97% transitions percentage

 

$1,353,993,679

 

 

 

 

 

Total other subsidizable costs pursuant to the Maine Revised Statutes, Title 20-A, section 15681-A

 

$430,187,826

 

 

 

Total Operating Allocation

 

 

 

 

 

 

 

Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 and total other subsidizable costs pursuant to Title 20-A, section 15681-A

 

$1,784,181,505

 

 

 

 

Total Debt Service Allocation

 

 

 

 

 

 

 

Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A

 

$103,872,675

 

 

 

 

Total Adjustments and Miscellaneous Costs

 

 

 

 

 

 

 

Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, sections 15689 and 15689-A

 

$70,440,632

 

 

 

 

Total Cost of Funding Public Education from Kindergarten to Grade 12

 

 

 

 

 

 

 

Total cost of funding public education from kindergarten to grade 12 for fiscal year 2012-13 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B

 

$1,958,494,812

 

 

 

 

 

Total cost of the state contribution to teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2012-13 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423

 

$174,932,892

 

 

 

 

 

Adjustment pursuant to the Maine Revised Statutes, Title 20-A, section 15683, subsection 2

 

$41,876,093

 

 

 

 

 

Total cost of funding public education from kindergarten to grade 12

 

$2,175,303,797

 

Sec. C-17.  Local and state contributions to total cost of funding public education from kindergarten to grade 12. The local contribution and the state contribution appropriation provided for general purpose aid for local schools for the fiscal year beginning July 1, 2012 and ending June 30, 2013 is calculated as follows:

 

 

 

 

2012-13

2012-13

 

 

LOCAL

STATE

Local and State Contributions to the Total Cost of Funding Public Education from Kindergarten to Grade 12

 

 

 

 

 

 

 

Local and state contributions to the total cost of funding public education from kindergarten to grade 12 pursuant to the Maine Revised Statutes, Title 20-A, section 15683 - subject to statewide distributions required by law

$1,043,692,866

$914,801,946

 

 

 

 

 

State contribution to the total cost of teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2011-12 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423

 

$174,932,892

 

 

 

 

 

State contribution to the total cost of funding public education from kindergarten to grade 12

 

$1,089,734,838

 

Sec. C-18. Limit of State's obligation. If the State's continued obligation for any individual component contained in those sections of this Part that set the total cost of funding public education from kindergarten to grade 12 and the local and state contributions for that purpose exceeds the level of funding provided for that component, any unexpended balances occurring in other programs may be applied to avoid proration of payments for any individual component. Any unexpended balances from this Part may not lapse but must be carried forward for the same purpose.

Sec. C-19. Authorization of payments. Those sections of this Part that set the total cost of funding public education from kindergarten to grade 12 and the local and state contributions for that purpose may not be construed to require the State to provide payments that exceed the appropriation of funds for general purpose aid for local schools for the fiscal year beginning July 1, 2012 and ending June 30, 2013.

 

SUMMARY

PART C

 

This Part does the following:

 

It amends the language for General Purpose Aid for Local Schools to reflect the reduced appropriation for the state agency client budget.  As a result of a spending trend analysis for state agency client special education services, a saving in the 2011-12 state agency client budget is expected because expenditures will be less than originally anticipated.  The actual minimum teacher salary adjustment was less than anticipated.

 

It establishes the Total Cost of Education from Kindergarten to Grade 12 for fiscal year 2012-13, the state contribution and the annual target state share percentage.

 

It enacts language that allows the Department of Education to expend state subsidy on behalf of a school administrative unit to purchase items on statewide contract to take advantage of lower prices for these items.

 


 

PART D

 

Sec.  D-1.  5 MRSA §931, sub-§1, ¶G, as enacted by PL 1983, c. 729 §4, is amended to read:

 

G. Employees working in the Governor's office, Governor’s Office of Communications, Governor’s Energy Office and at the Blaine Mansion;

 

Sec.  D-2. 5 MRSA §937, sub-§1, as amended by PL 2011, c. 380, Pt. PPP, §1, is further amended to read:

1. Major policy-influencing positions.  The following positions are major policy-influencing positions within the Department of Education. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter:

A. Deputy Commissioner; and

B.

C.

D.

E.

F. Director, Policy and Programs. ;

G.

H.

I.

J. 

K.  Director, PK-20, Adult Education and Federal Programs Team;

 

L.  Director, Special Services Team; and

 

M.  Director of Communications.

 

Sec.  D-3. 5 MRSA §942, sub-§1, as amended by PL 1983, c. 862, §14, is further amended to read:

1. Major policy-influencing positions.  The following positions are major policy-influencing positions within the Department of Inland Fisheries and Wildlife. Notwithstanding any other provision of law, these positions and their successor positions shall be subject to this chapter:

 

A. Deputy Commissioner;

B. Game Warden Colonel; and

C. Assistant to the Commissioner for Public Information. ; and

D.

E.  Public Relations Representative.

 

Sec.  D-4. 5 MRSA §943, sub-§1, as amended by PL 2007, c. 1, Pt. D, §2, is further amended to read:

1. Major policy-influencing positions.  The following positions are major policy-influencing positions within the Department of Labor. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter:

 

A.

B. Director, Bureau of Labor Standards;

C. Executive Director, Maine Labor Relations Board;

D.

E. Assistant to the Commissioner for Public Affairs;

F.

F-1. Deputy Commissioner;

G.

G-1. Beginning April 15, 1996, Executive Director, Bureau of Employment Services;

H.

I. 

J. Executive Director, Office of Operations; and

K. Director, Bureau of Rehabilitation Services.

L.  Director, Bureau of Unemployment Compensation; and

M. Director, Public Information

 

Sec.  D-5. 12 MRSA §10103, sub-§1-A, is enacted to read:

1-A.  Appointment of public relations representative. The commissioner shall appoint to serve, at the commissioner's pleasure, a Public Relations Representative.

 

Sec.  RR-5. 20-A MRSA §203, sub-§1, as amended by PL 2011, c.380, Part PPP §2, is further amended to read:

1. Commissioner's appointments.  The following officials are appointed by and serve at the pleasure of the commissioner:

A. Deputy Commissioner; and

B.

C.

D.

E.

F. Director, Policy and Programs. ; and

G.

H.

I.

J.

K. Director of Communications.

 

Sec.  D-7. 26 MRSA §1401-B, sub-§1, as amended by PL 2007, c. 1, Pt. D, §4, is further amended to read:

1. Duties.  The commissioner has the following duties.

 

A. The commissioner shall prepare a budget for the department.

B. The commissioner shall appoint to serve at the commissioner's pleasure:

(1)

(2) Assistant to the Commissioner for Public Affairs;

(3) Deputy Commissioner;

(4) Director, Bureau of Labor Standards;

(5) Beginning April 15, 1996, Executive Director, Bureau of Employment Services;

(6) Executive Director, Office of Operations; and

(7) Director, Bureau of Rehabilitation Services;

(8) Director, Bureau of Unemployment Compensation; and

(9) Director of Public Information.

 

 

SUMMARY

PART D

 This Part makes certain communications and other positions within the Department of Education, the Department of Inland Fisheries and Wildlife and the Department of Labor part of the unclassified service and subject to the appointment of the commissioners of the respective departments.  It also clarifies that employees of the Governor’s Office of Communications and the Governor’s Energy Office are unclassified employees.


 

 

PART E

 

                                                                                               

Sec.  E-1. 20-A MRSA §2307, first ¶, as amended by PL 2007, c. 668, §28 and affected by §55, is amended to read:

 

Notwithstanding any other law, municipal school budgets developed after January 1, 2008 must follow the same school budget requirements as regional school units pursuant to chapter 103-A, except as described in subsections 1 and 2. A municipal school unit is deemed to be a regional school unit solely for the purpose of developing a budget pursuant to chapter 103-A.  A municipality shall also have the same authority to commit property taxes as provided in section 1487.

 

SUMMARY

PART E

 

This Part amends the language to clarify that municipal school units also have the authority to commit property taxes.

 


 

PART F

 

 

Sec.  F-1.  20-A MRSA §15689, as amended by PL 2011, c. 419, §3, is further by amended by adding at the end the following:

 

12.  Bus Refurbishing Program.  Beginning in fiscal year 2012-13 and in each subsequent year, the commissioner may increase the state share of the total allocation to qualifying school administrative units for the approved refurbishing of a bus.

 

A.  An approved bus refurbishing shall be based on eligibility requirements established by the commissioner including but not limited to bus age, miles and life cycle limits.

 

B.  Adjustment to the state share of the total allocation shall occur one year after the school administrative unit’s expenditure and be based on the total approved amount, or actual expenditure if less, for the bus refurbishing times the school administrative unit’s state share percentage as determined in Title 20-A, section 15672, subsection 21 but no less than 30% and no greater than 70%.    

 

 

 

SUMMARY

PART F

 

This Part establishes the bus refurbishing program.

 


PART G

 

Sec.  G-1.  Transfer of funds.  Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, for fiscal years 2011-12 and 2012-13, the Commissioner of Education is authorized to identify savings within existing General Fund programs of the Department of Education and transfer up to $150,000 in available balances by financial order upon the recommendation of the State Budget Officer and approval of the Governor from the existing General Fund program accounts to the State Charter School Commission program in order to provide start-up funding for the oversight of public charter schools.

 

SUMMARY

PART G

 

            This Part authorizes the Commissioner of Education to transfer funds to the State Charter School Commission program in order to provide funding for start-up costs for the oversight of public charter schools.

 

 


 

PART H

 

 

Sec.  H-1.  Department of Education; General Purpose Aid for Local Schools; lapsed balances.  Notwithstanding any other provision of law, $7,009,774 of unencumbered balance forward from the Department of Education, General Purpose Aid for Local Schools, General Fund carrying account, All Other line category lapses to the General Fund no later than June 30, 2012.

 

SUMMARY

PART H

 

This Part lapses $7,009,774 of the unencumbered balance to the General Fund in the General Purpose Aid for Local Schools account.

 

 


 

 

PART I

Sec.  I-1. 2 MRSA §6, sub-§2, as amended by PL 2007, c. 539, Pt. N, §1, and affected by PL 2007, c. 695, Pt. A, §47, is further amended to read:

2. Range 90. The salaries of the following state officials and employees are within salary range 90:

 

Superintendent of Financial Institutions;

Superintendent of Consumer Credit Protection;

State Tax Assessor;

Associate Commissioner for Tax Policy, Department of Administrative and Financial Services;

            Superintendent of Insurance;

            Executive Director of the Maine Consumer Choice Health Plan;

            Deputy Commissioner, Department of Administrative and Financial Services;

            Associate Commissioner for Adult Services, Department of Corrections;

            Associate Commissioner for Juvenile Services, Department of Corrections;

            Public Advocate;

            Deputy Commissioner , Department of Health and Human Services;

            Chief Information Officer;

Associate Commissioner for Legislative and Program Services, Department of Corrections; and

            Chief of the State Police.

 

Sec. I-2.  2 MRSA §6, sub-§3, as amended by PL 2011, c. 380, Pt. WWW, §1, is further amended to read.

 

3. Range 89. The salaries of the following state officials and employees are within salary range 89:

 

Director, Bureau of General Services;

Director, Bureau of Alcoholic Beverages and Lottery Operations;

State Budget Officer;

State Controller;

Director of the Bureau of Forestry;

Director, State Planning Office;

Director, Energy Resources Office;

Director of Human Resources; and

Director, Bureau of Parks and Lands; and

Director of Econometric Research; and

Director of the Governor's Office of Communications.

 

Sec.  I-3. 5 MRSA §282, sub-§2, 2nd ¶, as amended by PL 1985, c. 785, Pt. B, §14, is further amended to read:

The commissioner may employ such other deputies, division heads, assistants and employees as may be necessary, subject to the Civil Service Law. In addition, the commissioner may employ a Director of Compliance to carry out departmental responsibilities related to: Labor relations and labor contract compliance; human rights and affirmative action compliance; and, audit guidelines and other 3rd-party compliance requirements. The Director of Compliance shall serve at the pleasure of the commissioner.  In addition, the commissioner may employ an associate commissioner for tax policy to supervise and direct the tax policy analysis, guidance and communications activities of the office of tax policy within the Bureau of Revenue Services. The associate commissioner for tax policy shall serve at the pleasure of the commissioner.

 

Sec.  I-4. 5 MRSA §931, sub-§1, ¶ L-2, as amended by PL 2005, c. 218, §2, is repealed.

 

Sec.  I-5. 5 MRSA §947-B, sub-§1, as amended by PL 2007, Pt. HH, §2, is further amended to read:

1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Department of Administrative and Financial Services. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter:

 

A.

 

B. Director, Bureau of Human Resources;

 

C.

 

D. Director, Bureau of Alcoholic Beverages and Lottery Operations;

 

E. Director, Bureau of General Services;

 

F. Deputy Commissioner, Department of Administrative and Financial Services;

 

G. State Controller;

 

H. State Tax Assessor;

 

I. State Budget Officer;

 

J. Chief Information Officer; and

 

K. Associate Commissioner, Administrative Services; and

 

L. Associate Commissioner for Tax Policy within the Bureau of Revenue Services.

 

Sec.  I-6. 5 MRSA §1710-E, as amended by PL 2001, c. 2, §1, is further amended to read:

§1710-E. Revenue Forecasting Committee; established; membership

There is established the Revenue Forecasting Committee, referred to in this chapter as the "committee," for the purpose of providing the Governor, the Legislature and the State Budget Officer with analyses, findings and recommendations relating to the projection of revenues for the General Fund and the Highway Fund based on economic assumptions recommended by the Consensus Economic Forecasting Commission. The committee includes the State Budget Officer, the Associate Commissioner for Tax Policy State Tax Assessor, the State Economist, an economist on the faculty of the University of Maine System selected by the chancellor, the Director of the Office of Fiscal and Program Review and another member of the Legislature's nonpartisan staff familiar with revenue estimating issues appointed by the Legislative Council. One of the 6 members must be selected by a majority vote of the committee members to serve as the chair of the committee.

Sec.  I-7. 36 MRSA §112, sub-§2, as repealed and replaced by PL 1999, c.127, Pt. A, §48, is amended to read:

2. Organization. The assessor may employ deputies, assistants and employees as necessary, subject to the Civil Service Law unless otherwise provided, and distribute the duties given to the assessor or to the bureau among those persons or divisions in that bureau the assessor considers necessary for economy and efficiency in administration. An officer within each division of the bureau must be designated by the assessor as director of that division. Notwithstanding any other laws, the Director of Econometric Research serves at the pleasure of the assessor. The assessor, for enforcement and administrative purposes, may divide the State into a reasonable number of districts in which branch offices may be maintained.

 

There shall be an office of tax policy within the bureau of revenue services. The head of the office shall be the Associate Commissioner for Tax Policy, who shall directly report to, and serve at the pleasure of, the Commissioner of the Department of Administrative and Financial Services. The head of the office shall have an advanced degree in economics, statistics, accounting, business, law or public policy. The office shall be responsible for providing economic and legal policy analysis on tax issues, oversight of tax legislation review, revenue forecasting analysis to the Revenue Forecasting Committee, preparation of tax expenditure reports, establishing policy criteria reflected in bureau regulations and advisory rulings and related public relations.

 

Sec.  I-8. 36 MRSA §112, sub-§7, as amended by PL 1997, c.526, §7, is further amended to read:

7. Evaluation of tax systems. The assessor and the office of tax policy shall investigate and examine the systems and methods of taxation of other states and make careful and constant inquiry into the practical operation and effect of the laws of this State, in comparison with the laws of other states, with the view of ascertaining wherein the tax laws of this State are defective, inefficient, inoperative or inequitable.

Sec.  I-9. 36 MRSA §191, sub-§2, paragraph F, as amended by PL 2003, c. 705, §3, is further amended to read:

F. The transmission of information among employees of the Bureau of Revenue Services for the purposes of enforcing and administering the tax laws of this State and the delivery by a register of deeds to the State Tax Assessor or delivery by the State Tax Assessor to the appropriate municipal assessor or to the Maine Land Use Regulation Commission or the Department of Health and Human Services of "declarations of value" in accordance with section 4641-D. The State Tax Assessor may require entities requesting information pursuant to this paragraph other than municipal assessors to provide resources sufficient to cover the cost of providing the forms;

 

Sec.  I-10.  Effective date.  Those sections of this Part that amend the Maine Revised Statutes, Title 2, section 6, subsections 2 and 3, Title 5, section 282, sub-section 2, second paragraph, Title 5, section 931, sub-section 1, paragraph L-2, Title 5, section 947-B, Title 36, section 112, sub-sections 2 and 7, and Title 36, section 191, sub-section 2, paragraph F take effect December 10, 2011.

 

            Sec.  I-11.  Appointment.  The Commissioner of Administrative and Financial Services shall appoint the person holding the position of Director, Econometric Research on December 9, 2011 to the Associate Commissioner for Tax Policy positioneffective December 10, 2011.

 

SUMMARY

PART I

 

This Part does the following:

It creates a new Associate Commissioner for Tax Policy position that would be within the Bureau of Revenue Services, within salary range 90, but would report directly to the Commissioner of Administrative and Financial Services.

It eliminates the existing Director, Econometric Research position, a salary range 89 position within Bureau of Revenue Services that reports to the State Tax Assessor.

It amends the membership of the Revenue Forecasting Committee by replacing the State Tax Assessor with the Associate Commissioner for Tax Policy.

It identifies the duties of the new Associate Commissioner.

It clarifies for purposes of authorized disclosures of confidential taxpayer information that the bureau’s enforcement of the tax laws includes all aspects of administering the tax laws.

 

 


 

PART J

 

Sec.  J-1.  5 MRSA §285, sub-§7, ¶L, as enacted by PL 2011, c. 380, Pt. V, §1 and affected by §7, is amended to read:

 

L.  The provisions of paragraphs I and J do not apply to those individuals receiving who have received retirement benefits under section 17907 or section 17929.

Sec.  J-2.  20-A MRSA §13451, sub-§3, as amended by PL 2011, c. 380, Pt. W, §3 and affected by §5, is further amended to read:

 

3. Payment by State.   The State shall pay a percentage of the retired teacher members' share of this insurance according to the following schedule:

 

A. Thirty percent until July 1, 2002;

 

B. Thirty-five percent from July 1, 2002 to July 31, 2003;

 

C. Forty percent from August 1, 2003 to December 31, 2005; and

 

D. Forty-five percent after December 31, 2005.

 

Except for individuals receiving who have received retirement benefits under Title 5, section 17907 or 17192 17929, for a teacher who retires after July 1, 2012, the State shall begin paying the percentage of the retired teacher member's share pursuant to this subsection when the retiree reaches normal retirement age.

For the fiscal years ending June 30, 2012 and June 30, 2013, the State's total cost for retired teachers' health insurance premiums is capped at the fiscal year 2010-11 funding level.

 

SUMMARY

PART J

            This Part clarifies that state employees and teachers who have retired as the result of a disability and who are converted from a disability retirement plan to a regular retirement plan are not required to contribute to the cost of health insurance if that conversion occurs prior to normal retirement age.  It also corrects a section reference.

 


 

PART K

 

 

Sec.  K-1.  5 MRSA, §1667-B, sub-§§3 and 4, as enacted by PL 2005, c. 12, Pt. T, §7, are further amended to read:

 

3. Legislative review.  Excluding the State-Municipal Revenue Sharing and Disproportionate Tax Burden Fund Other Special Revenue Funds accounts in the Treasury Department, Aallotment of the funds under subsection 1 is subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs;

 

4. 30-day wait.  Excluding the State-Municipal Revenue Sharing and Disproportionate Tax Burden Fund Other Special Revenue Funds accounts in the Treasury Department, Aallotment of the funds under subsection 1 does not take effect until 30 days after approval by the Governor; and

 

 

 

SUMMARY

PART K

 

This Part exempts financial orders that increase allotment in excess of legislatively authorized allocations for the State-Municipal Revenue Sharing and Disproportionate Tax Burden Fund, Other Special Revenue Fund accounts in the Treasury Department from legislative review and 30-day wait provisions in order to facilitate the timely distribution of revenue sharing funds to municipalities.

 

 


 

PART L

Sec. L-1.  5 MRSA §1710-F, subsection 2, as amended by PL 2009, c. 461, is further amended to read:

2. Biennial revenue projections.  The committee shall submit recommendations for state revenue projections for the next 2 fiscal biennia and analyze revenue projections for the current fiscal biennium, which must be approved by a majority of the committee members. No later than December 1st of each even-numbered year, the committee shall submit to the Governor, the Legislative Council, the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the State Budget Officer a report that presents the analyses, findings and recommendations for General Fund and Highway Fund revenue projections for the next 2 fiscal biennia. In its report the committee shall fully describe the methodology employed in reaching its recommendations. Revenue projections for other funds of the State may be included in the report at the discretion of the committee. Revenue projections for the General Fund may not include revenue that accrues pursuant to Title 30-A, section 5250-I, subsection 14 and is deposited into the Pine Tree Development Zone Reserve Fund pursuant to Title 30-A, section 5250-J, subsection 4-B that would not have accrued to the State but for the availability of Pine Tree Development Zone benefits as stated in Title 30-A, section 5250-I, subsection 17, paragraph A.

 

Sec. L-2.  30-A MRSA §5250-J, sub-§4-B, as enacted by PL 2009, c. 461, §20, is repealed.  

 

Sec.  L-3.  36 MRSA §2016, sub-§6, as amended by PL 2009, c. 461, §25 is further amended to read:

 

6. Payment of claims.  The State Tax Assessor shall determine the benefit for each claimant under this section and certify to the State Controller the amount to be transferred from the Pine Tree Development Zone Reserve Fund, established pursuant to Title 30-A, section 5250-J, subsection 4-B, to the Pine Tree Development Zone reimbursement reserve account established, maintained and administered by the State Controller from General Fund undedicated revenue within the sales tax category. The assessor shall pay the certified amounts to each approved applicant qualifying for the benefit under this section within 30 days after receipt of a properly completed claim. Interest is not allowed on any payment made to a claimant pursuant to this section.

 

 

 

 

 

 

SUMMARY

PART L

 

This proposed legislation repeals a new requirement in the consensus revenue forecasting process to forecast revenue from the Pine Tree Development Zone program.  This provision requires the Revenue Forecasting Committee to exclude revenue that accrues from the Pine Tree Development Zone program from the revenue forecast and that all revenue accruing from the Pine Tree Development Zone program is set aside in a separate fund to pay the benefits.  This requirement effectively requires the Consensus Economic Forecasting Commission to develop a separate economic forecast so that the Revenue Forecasting Committee can forecast the revenue to be set aside in the separate fund.  The Consensus Economic Forecasting Commission has not yet been able to implement this separate forecast to meet this requirement.

 

 


 

PART M

 

            Sec.  M-1.  5 MRSA §1532, sub-§6, as enacted by PL 2005, c. 2, Pt. A, §5 and affected by §14, is amended to read:

 

6. Death benefits.  The Governor shall allocate funds from the stabilization fund as needed to pay benefits due pursuant to Title 25, chapter 195-A. Allocations may be made by financial order upon the recommendation of the State Budget Officer and approval of the Governor upon written request of the Chief of the State Police, the State Fire Marshal or the Director of Maine Emergency Medical Services and after consultation with the State Budget Officer.

 

SUMMARY

PART M

 

            This Part clarifies that transfers from the Maine Budget Stabilization Fund to pay for death benefits are made by financial order and take effect upon the recommendation of the State Budget Officer and approval of the Governor.

 


 

PART N

 

Sec.  N-1.  Transfer; unexpended funds; Fund for the Efficient Delivery of Local and Regional Services.  Notwithstanding any other provision of law, the State Controller shall transfer $100,000 in unexpended funds from the Fund for the Efficient Delivery of Local and Regional Services, Other Special Revenue Funds account in the Department of Administrative and Financial Services to General Fund unappropriated surplus no later than June 30, 2012.

 

                       

SUMMARY

PART N

 

This Part requires the State Controller to transfer $100,000 in unexpended funds from the Fund for the Efficient Delivery of Local and Regional Services to General Fund unappropriated surplus no later than June 30, 2012.

 

 


 

 

PART O

 

Sec.  O-1.  2 MRSA §6, sub-§4, as revised by PL 2011, c. 286, Pt. B, §5 is further amended to read:

 

4. Range 88.  The salaries of the following state officials and employees are within salary range 88:

 

Director, Bureau of Air Quality Resource Administration;

 

Director, Bureau of Land and Water Quality Resource Protection;

 

Director, Bureau of Remediation and Waste Management Environmental Assessment;

 

Deputy Commissioner, Environmental Protection;

 

Director, Office of Professional and Occupational Regulation;

 

Administrator, Office of Securities; and

 

Deputy Chief of the State Police.

 

Sec.  O-2.  5 MRSA §938, sub-§1-A, as amended by PL 2005, c. 519, Pt. K, §1, is further amended to read:

 

F. Director, Bureau of Air Quality Control   Resource Administration

 

G. Director, Bureau of Remediation and Waste Management  Environmental Assessment

 

H. Director, Bureau of Land and Water Quality  Resource Protection

 

Sec.  O-3.  38 MRSA §352, sub-§2, ¶E, as enacted by PL 1991, c. 384, §3 and affected by §16, is amended to read:

E . The air emission license fees assessed under section 353-A for those facilities licensed under section 590 must be assessed to support activities for the Bureau of Air Quality Control Resource Administration including licensing, compliance, enforcement, monitoring, data acquisition and administration.

 

Sec.  O-4. 38 MRSA §441, sub-§3, ¶C, as amended by PL 1991, c. 346 §10, is       further amended to read:

 

C. Keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found and fees collected. On a biennial basis, beginning in 1992, a summary of this record must be submitted by March 1 to the Director of the Bureau of Land Quality Control  Resource Protection within the Department of Environmental Protection; and

 

 

Sec.  O-5.  Department of Environmental Protection; rename bureaus. Notwithstanding any other provision of law, the following bureaus within the Department of Environmental Protection are renamed: the Bureau of Air Quality Control is renamed the Bureau of Resource Administration, the Bureau of Remediation and Waste Management is renamed the Bureau of Environmental Assessment, and the  Bureau of Land and Water Quality is renamed the Bureau of Resource Protection.

 

 

 

 

 

 

SUMMARY

PART O

 

This Part renames three bureaus within the Department of Environmental Protection.  It also amends the titles of the bureau directors to be consistent with the names of the bureaus and amends 2 other statutory items to include the new bureau titles.

 

 


 

PART P

 

Sec.  P-1.  35-A MRSA §1701, sub-§3, as amended by PL 2001, c. 476, §1, is further amended to read:

 

3. Salaries of certain employees.  The salaries of the following employees of the Public Advocate are within the following salary ranges:

 

A. Deputy Public Advocate, salary range 53;

 

B. Senior Counsel, salary range 36;

 

C. Economic Analyst, salary range 36;

 

D. Research Assistant, salary range 30;

 

E. Business Services Manager, salary range 26; and

 

F. Special Assistant to the Public Advocate, salary range 20.

 

The employees listed in this subsection serve at the pleasure of the Public Advocate and are confidential employees. All other employees of the Public Advocate are subject to the Civil Service Law.

 

The Public Advocate may, at the Public Advocate's discretion, substitute an Economic Analyst position at salary range 36 for any vacant Senior Counsel position. The Public Advocate also may compensate one or more Senior Counsels at salary range 37 if, in the judgment of the Public Advocate, an increase is necessary to provide competitive salary levels.

 

 

                                                            SUMMARY

PART P

 

This Part eliminates the position Economic Analyst from the Office of the Public Advocate.  Part A of this act transfers the position to the Governor’s Energy Office.

 

 


 

PART Q

 

 

Sec.  Q-1.  5 MRSA §1591, sub-§5 is enacted to read:

 

5.  Executive Department.  The Executive Department must apply:

 

A.  Any General Fund balances remaining in the Administrative – Executive – Governor’s Office, Blaine House, Governor’s Office of Communications, Governor’s Office of Policy and Management and Governor’s Energy Office  programs at the end of any fiscal year to be carried forward for use of the Governor in the next fiscal year.

 

 

SUMMARY

PART Q

 

This Part allows any General Fund balances remaining in the Office of the Governor, Blaine House, the Governor’s Office of Communications, the Governor’s Office of Policy and Management and the Governor’s Energy Office programs to be carried forward for use in the next fiscal year.


 

PART R

 

 

Sec.  R-1.  22 MRSA §4301, sub-§1, as amended by PL 1991, c. 9, Pt. U, sub-§1, is further amended to read:

 

1. Basic necessities.  "Basic necessities" means food, clothing, shelter, fuel, electricity, nonelective medical services as recommended by a physician, nonprescription drugs, telephone where it is necessary for medical reasons and any other commodity or service determined essential by the overseer in accordance with the municipality's ordinance and this chapter. "Basic necessities" do not include security deposits for rental property, except for emergency purposes, or housing assistance for longer than 90 days per calendar year. For the purposes of this subsection, "emergency purposes" means any situation in which no other permanent lodging is available unless a security deposit is paid.

 

Sec.  R-2.  22 MRSA §4301, sub-§3, as enacted by PL 1983, c. 577, §1, is amended to read:

 

3. Eligible person.  "Eligible person" means a person who is qualified to receive general assistance from a municipality according to standards of eligibility determined by the municipal officers whether or not that person has applied for general assistance. The following applicants are not eligible persons under this section:

 

A.  Any recipient and included household members of cash assistance under section 3762.  This applies to individuals who are sanctioned under section 3762, subsection 1, paragraph A.

 

Caretaker relatives that receive cash assistance on behalf of a relative are not subject to paragraph A.

 

Sec.  R-3.  22 MRSA §4308, sub-§2, ¶A-1 is enacted to read:

 

A-1.  A person who has received 90 days of housing assistance for the calendar year is ineligible for emergency housing assistance under this subsection.

 

Sec.  R-4.  22 MRSA §4309, sub-§3 as enacted by PL 1983, c. 577, §1, is amended to read:

 

3. Eligibility of members of person's household.  Failure of an otherwise eligible person to comply with this chapter shall not affect the general assistance eligibility of any member of the person's household who is not capable of working, except as provided in section 4301, subsection 3 and section 4308, subsection 2, paragraph C.  These household members include including at least:

 

A. A dependent minor child;

 

B. An elderly, ill or disabled person; and

 

C. A person whose presence is required in order to provide care for any child under the age of 6 years or for any ill or disabled member of the household.

 

Sec.  R-5.  22 MRSA §4309, sub-§4, as enacted by PL 1991, c. 591, Pt. SS, §3, is amended to read:

 

4.  Eligibility of minors who are parents.  A An otherwise eligible person under the age of 18 who has never married and who has a dependent child or is pregnant is eligible only if that person and child reside in a dwelling maintained by a parent or other adult relative as that parent's or relative's own home or in a foster home, maternity home or other adult-supervised supportive living arrangement unless:

 

A. The person has no living parent or the whereabouts of both parents are unknown;

 

B. No parent will permit the person to live in the parent's home;

 

C. The department determines that the physical or emotional health or safety of the person or dependent child would be jeopardized if that person and dependent child lived with a parent;

 

D. The individual has lived apart from both parents for a period of at least one year before the birth of any dependent child; or

 

E. The department determines, in accordance with rules adopted pursuant to this section, which must be in accordance with federal regulations, that there is good cause to waive this requirement.

 

For the purposes of this subsection, "parent" includes legal guardian.

 

Sec.  R-6.  22 MRSA §4310, as amended PL 1991, c. 9, Pt. U, §7, is further amended to read:

 

Whenever an eligible person becomes an applicant for general assistance and states to the administrator that the applicant is in an emergency situation and requires immediate assistance to meet basic necessities, the overseer shall, pending verification, issue to the applicant either personally or by mail, as soon as possible but in no event later than 24 hours after application, sufficient benefits to provide the basic necessities needed immediately by the applicant, provided that the following conditions are met.

 

1. Probability of eligibility for assistance after full verification.  As a result of the initial interview with the applicant, the overseer shall have determined that the applicant will probably be eligible for assistance after full verification is completed.

 

2. Documentation.  Where possible, the applicant shall submit to the overseer at the time of the initial interview, adequate documentation to verify that there is a need for immediate assistance.

 

3. Information obtained.  When adequate documentation is not available at the time of the initial application, the overseer may contact at least one other person for the purpose of obtaining information to confirm the applicant's statements about his need for immediate assistance.

 

4. Limitations.  In no case:

 

A. May the authorization of benefits under this section exceed 30 days; and

 

B. May there be further authorization of benefits to the applicant until there has been full verification confirming the applicant's eligibility.

 

C.  May emergency housing assistance benefits be authorized to an applicant who has received housing assistance for 90 days in the calendar year.

 

 

Sec.  R-7.  22 MRSA §4311, sub-§1, as revised by PL 2003, c. 689, Pt. B, §6, is repealed and replaced with the following:

 

1. Departmental reimbursement.  The department shall reimburse each municipality for the costs of a portion of the direct costs of paying benefits through its general assistance program if the department finds that the municipality was in compliance with all requirements of this chapter during the fiscal year for which reimbursement is sought. The amount of reimbursement to each municipality must be an amount equal to:

 

A. Fifty percent of all general assistance granted by that municipality.

 

B. For Indian Tribes only.  When an Indian Tribe incurs net general assistance costs in any fiscal year in excess of .0003 of that Tribe’s most recent state valuation relative to the state fiscal year for which reimbursement is being issued, as determined by the State Tax Assessor in the statement filed as provided in Title 36, section 381, the Department of Health and Human Services shall reimburse the Tribe for 90% of the amount in excess of these expenditures when the department finds that the Tribe has been in compliance with all requirements of this chapter. In addition, the department shall reimburse ten percent of all general assistance granted.

 

Sec.  R-8.  22 MRSA §4311, sub-§1-B, as amended by PL 1991, c. 9, Pt. U, §8, is repealed.

 

Sec.  R-9.  22 MRSA §4311, sub-§2, as amended by PL 1991, c. 9, Pt. U, §9, is further amended to read:

 

2.  Submission of reports.  Municipalities and Tribes shall submit monthly reports on forms provided by the department. reports as follows.

 

A. For purposes of this section, those municipalities that received reimbursement at 90% during the previous fiscal year of the State and those municipalities that expect to receive reimbursement at 90% during the current fiscal year of the State must submit monthly reports on forms provided by the department.

 

B. Those municipalities that did not receive reimbursement at 90% during the previous fiscal year and do not expect to receive reimbursement at 90% for the current fiscal year must submit quarterly or semiannual reports on forms provided by the department.

 

 

SUMMARY

PART R

 

 

This Part does the following:

 

It makes individuals who receive TANF cash assistance ineligible for General Assistance.

 

It restricts housing assistance in the General Assistance program to no more than 90 days per calendar year.

 

It clarifies certain restrictions to eligibility in the General Assistance program.

 

It reduces the reimbursement rate for allowable expenditures to 50% for all municipalities with the exception of Indian Tribes.

 

 


PART S

Sec.  S-1.  22 MRSA §3762, sub-§8, ¶D, as enacted by PL 2007, c. 539, Pt. XX, §2, is repealed.

Sec.  S-2.  22 MRSA §3762, sub-§8, ¶F is enacted to read:

F.  The department may provide limited transitional food benefits to meet the needs of food supplement recipients living with one or more dependent children under age 18 who are working at least 30 hours per week or who are working at least 20 hours per week if one or more dependent child is under six years of age.  The benefit may not exceed $50 per month per family.

 

 

SUMMARY

PART S

 

This Part does the following:

 

1.  It eliminates the requirement that the Department of Health and Human Services provide limited transitional food benefits to ASPIRE-TANF program recipients who lose TANF eligibility due to employment earnings.

 

2.  It authorizes the Department of Health and Human Services to provide transitional food benefits to working families who are food supplement recipients in order to help promote economic self-support.

 

 


 

PART T

 

Sec.   T-1.  22 MRSA §1708, sub-§4 as enacted by PL 1991, c. 622, Pt. M, §8 and affected by §9, is repealed.

 

SUMMARY

PART T

            This Part repeals the payment to the department equal to 50% of Medicaid savings due to the State pursuant to the principles of reimbursement.  The department no longer calculates these savings.

 


PART U

 

Sec.   U-1.  22 MRSA §3273, sub-§10 is enacted to read:

10.  Balances of funds not to lapse.  Any balances of funds appropriated for the program of state supplemental income benefits authorized under sections 3271 and 3274 shall not lapse but shall be carried forward from year to year to be expended for the same purpose.

 

 

SUMMARY

PART U

 

            This Part allows remaining balances of funds appropriated for state supplemental income benefits to be carried forward from year to year.

 


 

PART V

Sec.  V-1. Department of Health and Human Services; lapsed balances. Notwithstanding any other provision of law, $80,904 of unencumbered balance forward from the Department of Health and Human Services, Disproportionate Share - Riverview, General Fund account, Personnel Services line category lapses to the General Fund no later than June 30, 2012.

 

Sec.  V-2. Department of Health and Human Services; lapsed balances. Notwithstanding any other provision of law, $228,852 of unencumbered balance forward from the Department of Health and Human Services, Disproportionate Share - DDPC, General Fund account, Personnel Services line category lapses to the General Fund no later than June 30, 2012.

 

SUMMARY

PART V

           

    This Part provides that a portion of unencumbered balance forward of the Department of Health and Human Services, Disproportionate Share – Riverview and Disproportionate Share - DDPC General Fund accounts lapse to the General Fund in fiscal year 2011-12.

 


 

 

PART W

 

 

Sec.  W-1. 4 MRSA §1, 4th ¶, as enacted by PL 2009, c. 213, Pt. QQ, §1, is amended to read:

 

The Chief Justice, as head of the judicial branch, shall prepare the budget for the judicial branch. The Chief Justice may approve financial orders for transfers, revisions of and increases to allotment within the judicial branch in accordance with established financial order procedures of the executive branch. The Chief Justice shall provide a copy of each approved financial order to the Department of Administrative and Financial Services, Bureau of the Budget and the Office of Fiscal and Program Review.    

 

 

SUMMARY

PART W

 

This Part amends the language that authorizes the Chief Justice to approve financial orders, to include revisions of and increases to allotment within the judicial branch. Judicial financial orders will follow the same procedures as the executive branch.

 

 


 

PART X

Sec. X-1.  Personnel Services balances authorized to carry; Department of Corrections.  Notwithstanding any other provision of law, the Department of Corrections is authorized to carry all fiscal year 2011-12 year-end balances in the Personnel Services line category of General Fund accounts to fiscal year 2012-13 to the Capital Expenditures line category in the Department of Corrections – Capital Improvements General Fund account to be used for the purpose of making capital improvements to correctional facilities.

 

SUMMARY

PART X

 

            This Part authorizes the Department of Corrections to carry all remaining Personnel Services balances remaining at the end of fiscal year 2011-12 to fiscal year 2012-13 to be used for capital improvements to correctional facilities to the Capital Expenditures line category in the Department of Corrections – Capital Improvements General Fund account.


 

PART Y

 

 

Sec.  Y-1.  Transfer of funds; Department of Public Safety; Maine Criminal Justice Academy account.  Notwithstanding any other provision of law, the State Controller shall transfer $600,000 from the unappropriated surplus of the General Fund to the Maine Criminal Justice Academy, Other Special Revenue Funds account within the Department of Public Safety no later than June 30, 2012.

 

SUMMARY

PART Y

 

This Part transfers $600,000 from the unappropriated surplus of the General Fund to the Maine Criminal Justice Academy, Other Special Revenue Funds account within the Department of Public Safety.


 

PART Z

 

Sec.  Z-1.  Transfer of Funds; Department of Public Safety; State Fire Marshal’s Office account.  Notwithstanding any other provision of law, the State Controller shall transfer $700,000 from the unappropriated surplus of the General Fund to the State Fire Marshal’s Office, Other Special Revenue Funds account within the Department of Public Safety no later than June 30, 2012.

 

SUMMARY

PART Z

 

 This Part transfers $700,000 from the unappropriated surplus of the General Fund to the State Fire Marshal’s Office, Other Special Revenue Funds account within the Department of Public Safety.

 


 

PART AA

 

Sec.  AA-1.  Transfer of funds; Maine Clean Election Fund. Notwithstanding any other provision of law, the State Controller shall transfer $1,500,000 on or before June 30, 2012 and $950,000 on or before June 30, 2013 from the Clean Elections Act Chapter 1 Initiated Bill, Other Special Revenue Funds account to the unappropriated surplus of the General Fund.

 

 

SUMMARY

PART AA

 

This part requires the State Controller to transfer $1,500,000 on or before June 30, 2012 and $950,000 on or before June 30, 2013 from the Maine Clean Election Fund, Other Special Revenue Funds account to the unappropriated surplus of the General Fund.

 

 


 

PART BB

 

            Sec.  BB-1. Department of Labor; lapsed balances.  Notwithstanding any other provision of law, $451,183 of unencumbered balance forward from the Department of Labor, Governor’s Training Initiative, General Fund account, All Other line category, lapses to the General Fund no later than June 30, 2012.

 

SUMMARY

PART BB

 

This Part provides that the unencumbered balance forward of the Department of Labor, Governor’s Training Initiative, General Fund account lapses to the General Fund in fiscal year 2011-12.

 

 


PART CC

 

Sec. CC-1.  2 MRSA §6, sub-§3, as amended by PL 2011, c. 380, Pt. WWW, § 1, is further amended to read:

 

3. Range 89.  The salaries of the following state officials and employees are within salary range 89:

 

Director, Bureau of General Services;

 

Director, Bureau of Alcoholic Beverages and Lottery Operations;

 

State Budget Officer;

 

State Controller;

 

Director of the Bureau of Forestry;

 

Director, State Planning Office Director, Governor’s Office of Policy and Management;

 

Director, Energy Resources Office;

 

Director of Human Resources; Director, Bureau of Parks and Lands; and

 

Director of Econometric Research.

 

Sec. CC-2. 3 MRSA §959, sub-§1, ¶M, as amended by PL 2003, c. 600, § 1, is further amended to read:

 

M. The joint standing committee of the Legislature having jurisdiction over state and local government matters shall use the following list as a guideline for scheduling reviews:

 

(1) Capitol Planning Commission in 2011;

 

(1-A) Maine Governmental Facilities Authority in 2005;

 

(2) State Civil Service Appeals Board in 2005;

 

(3) State Claims Commission in 2005;

 

(4) Maine Municipal Bond Bank in 2007;

 

(5) Office of Treasurer of State in 2007;

 

(6) Department of Administrative and Financial Services, except for the Bureau of Revenue Services, in 2011; and

 

(7) Department of the Secretary of State, except for the Bureau of Motor Vehicles, in 2011. ; and

 

(9) State Planning Office, except for the Land for Maine's Future Board, in 2007

  

 

Sec. CC-3. 5 MRSA Chapter 311 is repealed.

 

SUMMARY

PART CC

 

Parts CC to NN implement the recommendations of the working group established by PL 2011 chapter 380, Part FF regarding transfer of duties and responsibilities of the State Planning Office to other state departments and agencies. 

 

            Part CC abolishes the State Planning Office.

 


PART DD

 

Sec.  DD-1.  5 MRSA, Part 8 is amended by repealing the Part name and replacing it to read:

Part 8.  Policy and Management

Sec. DD-2.  5 MRSA §1531, sub-§1, as enacted by PL 2005, c. 2, Pt. A, §5 and affected by §14, is amended to read:

            1. Average population growth.  "Average population growth" means the average for the prior 10 calendar years, ending with the most recent calendar year for which data is available, of the percent change in population from July 1st of each year and estimated by the United States Department of Commerce, Bureau of Census as adjusted and maintained by the Executive Department, State Planning Office by the Governor's Office of Policy and Management.

Sec. DD-3.  5 MRSA §1531, sub-§2, as amended by PL 2005, c. 621, §1, is further amended to read:

2. Average real personal income growth.  "Average real personal income growth" means the average for the prior 10 calendar years, ending with the most recent calendar year for which data is available, of the percent change in personal income in this State, as estimated by the United States Department of Commerce, Bureau of Economic Analysis, less the percent change in the Consumer Price Index for the calendar year. For purposes of this subsection, "Consumer Price Index" has the same meaning as in Title 36, section 5402, subsection 1. The average real personal income growth is determined by October 1st, annually, by the Director of the State Planning Office within the Executive Department Governor's Office of Policy and Management.

Sec. DD-4.  5 MRSA §1710-D, as enacted by PL 1995, c. 368, Pt. J, §1, is amended to read:

§1710-D. Staffing

The commission may receive staff support from the State Planning Office Governor's Office of Policy and Management.

Sec. DD-5.  5 MRSA §1710-I, as amended by PL 1997, c. 526, §14, is further amended to read:

§1710-I. Staffing

The committee may receive staff assistance from the Bureau of the Budget, the State Planning Office Governor's Office of Policy and Management, the Bureau of Revenue Services and, at the discretion of the Legislature, the Office of Fiscal and Program Review. The committee may also utilize other professionals having revenue forecasting, economic and fiscal expertise.

Sec. DD-6.  5 MRSA Chapter 310 is enacted to read:

 

Chapter 310

 

Governor's Office of Policy and Management

 

§3100.  Definitions.

 

As used in this chapter, the following terms have the following meanings:

 

            1.  Director.  "Director" means the director of the Governor’s Office of Policy and Management established by section 3101.

 

            2.  Office. "Office" means the Governor’s Office of Policy and Management established by section 3101.

 

§3101.  Office established; purpose.

 

The Governor’s Office of Policy and Management is established in the Executive Department to facilitate achievement of long-term state economic goals and objectives and identification and implementation of opportunities to improve the efficiency and effectiveness of the performance of the functions of and delivery of services by State Government.  

 

§3102.  Director.

 

The director of the Governor's Office of Policy and Management is appointed by the Governor and serves at the pleasure of the Governor. 

 

§3103.  Powers and duties.

 

The director is authorized to exercise the powers and is responsible for fulfillment of the duties of the office provided for by this section. The director must:

 

            1. Staff.  Appoint, remove, and prescribe the duties of staff of the office as necessary to implement the duties of the office.  The director is authorized to hire as unclassified employees professional personnel competent by education, training, and experience in such areas as economics, law, accounting and public policy.  The director is authorized to hire as classified employees other personnel, who shall be subject to the civil service and personnel policies established for state employees generally, as required to support implementation of the duties of the office;

 

            2.  Long-range fiscal policy.  Prepare long-range economic projections to ensure that projected available state financial resources are commensurate with projected state expenditures needed to meet long-term state economic goals and policies; 

 

3.  Assessment and analysis of governmental operations.  Analyze the structure and functions of State Government and identify options and develop recommendations for consideration by the Governor regarding improvement of the efficiency and effectiveness of governmental functions and programs and delivery of governmental services.  In carrying out duties under this subsection section, the director may:

 

A.  Strategic planning.  Prepare strategic and long-range plans and goals for reform of State Government through creation of efficiencies and streamlining of operations;

 

B.  Performance measures.  Establish metrics for the measurement of and further develop systems for ongoing evaluation of the efficiency and effectiveness of state programs and delivery of state services;

 

C.  Ongoing assessment.  Review and determine whether there is continuing need for state programs, boards and commissions, in part through consideration of whether their public benefit equals or exceeds their cost; and

 

4. Strategic financial management.  Recommend governmentwide policies to improve financial management for consideration by the Governor.  In carrying out duties under this subsection, the director may review state agencies' proposals for funding from public and private entities, including the Federal Government, for consistency with pertinent state law and fiscal policy;

 

5.  Analysis of state economy; studies and forecasts.  Conduct studies and continuing economic analysis of the state economy, including economic forecasting, and collect, collate and analyze all pertinent data and statistics relating thereto to assist the Governor, the Legislature and the various state departments in formulating economic goals and programs and policies to achieve such goals. The office must make these data and statistics available to the Legislature upon request.  All state agencies must cooperate with the office regarding implementation of the provisions of this subsection.  In implementing this subsection, the office may use secondary data made available to the office by other state agencies or other organizations;

 

6.  Economic implications of policy initiatives.  At the Governor's request, advise on the risks, costs, benefits, and effects on job creation and job retention in the State of proposed legislation or other policy initiatives;  

  

7.  Other studies.  Conduct investigations, audits, and studies to fulfill the office's duties as the director deems appropriate;

 

8.  Coordination.  Facilitate intergovernmental and intragovernmental coordination, relations, and communications, and provide general coordination and review of plans in functional areas of State Government as may be necessary for receipt of federal funds;

 

            9.  Subpoenas. Be empowered, in connection with the performance of the office's duties, to issue subpoenas to compel the attendance of witnesses, the production of books, papers, records, and documents of individuals, firms, associations and corporations and all officers, boards, commissions and entities of state, county and municipal government, including quasi-governmental and independent agencies. Whenever a person refuses to obey a subpoena duly issued by the director, the Superior Court for Kennebec County or any court of this State, within the jurisdiction of which the person resides or transacts business, shall have jurisdiction to issue to that person an order requiring him to comply with the subpoena and any failure to obey that order may be punished by the court as contempt. Refusal to obey the director’s subpoena also constitutes a violation of this chapter; and

 

10.  Other related duties.  Perform other duties related to its purpose under section 3101 as assigned by the Governor or as directed by statute. 

 

§3104.  Acceptance and administration of funds.

 

The office may accept, administer and expend funds, including but not limited to funds from the Federal Government or from any individual, foundation or corporation, for purposes consistent with this chapter.   

 

§3105.  Contracts.

 

The office may contract with public and private entities for research and analysis and other services as the director determines necessary to address the office's duties under this chapter. 

 

§3106.  Governmental cooperation; temporary reassignment of governmental employees.

 

All departments, agencies, authorities, boards, commissions and other instrumentalities of the State shall, at the director's request, assist the office in the gathering of information, reports and data which relate to the performance of the duties of the office.  Subject to approval by the Governor, at the request of the director a state agency must, as provided in chapter 309, assign qualified personnel to the office for a period of up to six months to assist the office in the performance of its duties. 

 

§3107. Confidential or Proprietary Information.

 

No entity of state, county or municipal government, including quasi-governmental or independent agencies of the State shall deny the office access to confidential information when request of the information is made in connection with the performance of the duties of the office.  All information or documents determined to be confidential under federal or state law or by order of a court shall remain confidential under the original public records exception when in the possession of the office.

 

Sec. DD-7.  5 MRSA §13056, sub-§3, as enacted by PL 1987, c. 534, Pt. A, §§17, 19, is amended to read:

3. Conduct planning and research.  Conduct planning, research and analysis for department needs, but not macroeconomic forecasting which shall be the responsibility of the State Planning Office Governor's Office of Policy and Management.  The department shall gather, maintain and have access to all economic and other information necessary to the performance of its duties;

Sec. DD-8.  5 MRSA §13120-Q, first ¶, as enacted by PL 2001, c. 703, §6, is amended to read:

§13120-Q. Exceptions

The authority, with the advice of the department, the Department of Labor , the State Planning Office and such other agencies it determines appropriate, may waive the requirements of section 13120-P, subsection 2, paragraph E and section 13120-P, subsection 3, paragraph E if the municipality has experienced a historical lack of private investment and it is reasonably expected that private investment will not be available to assist with project financing and one of the following conditions is met:

Sec. DD-9.  10 MRSA §363, sub-§2-A, as amended by PL 1999, c. 728, §2, is further amended to read

2-A. Recommendation of Governor and issuers.  At any time action of the Legislature under subsection 1-A is necessary or desirable, the Governor shall recommend to the appropriate committee of the Legislature a proposed allocation or reallocation of all or part of the state ceiling. To assist the Governor in making a recommendation of proposed allocations of the state ceiling on private activity bonds, the group of 7 representatives described in subsection 1-A shall make a recommendation regarding allocation or reallocation of the state ceiling. In order to assist the group in making its recommendation and to assist the Governor and the Legislature, the State Planning Office Department of Administrative and Financial Services, in consultation with the Governor's Office of Policy and Management, shall prepare an annual analysis of the State's economic outlook, prevailing interest rate forecasts related to tax-exempt financing by the issuers specifically identified in subsections 4 to 8, the availability to those issuers of alternative financing from sources that do not require an allocation of the state ceiling and the relationship of these factors and various public policy considerations to the allocation or reallocation of the state ceiling. In recommending any allocation or reallocation of the state ceiling to the Legislature, the Governor shall consider the requests and recommendations of those issuers of bonds within the State designated in this section, the recommendations of the group of representatives described in subsection 1-A and the annual analysis of the State Planning Office Department of Administrative and Financial Services.

Sec. DD-10.  12 MRSA §8876, sub-§2, as amended by PL 1997, c. 720, §9, is further amended to read

2. Future demand.  Project future demand for forest resources based on a common economic forecast developed by the State Planning Office Governor's Office of Policy and Management and on other appropriate economic projections;

Sec. DD-11.  26 MRSA §3, as amended by PL 1997, c. 132, §1, is further amended to read:

§3. Records confidential

All information and reports recorded by the director or the director's authorized agents under this Title are confidential, and no names of individuals, firms or corporations may be used in any reports of the director nor made available for public inspection. The director may release information and reports to other government agencies if the director believes that the information will serve to further the protection of the public or assist in the enforcement of local, state and federal laws. The director may also release information and reports to the public pertaining to final bureau action taken under the authority of this Title. Records pertaining to the work force, employment patterns, wage rates, poverty and low-income patterns, economically distressed communities and regions and other similar information and data must be made available to the Department of Economic and Community Development and to the State Planning Office  Governor's Office of Policy and Management for the purposes of analysis and evaluation, measuring and monitoring poverty and economic and social conditions throughout the State and to promote economic development with the understanding that the confidentiality of the information will be maintained.

Sec. DD-12.  30-A MRSA §5652, sub-§2, as enacted by PL 2007, c. 405, §2, is amended to read:

 

2. Funding municipal education foundations.  A municipality may accept endowment funds from citizens, estates, municipal contributions and bond money to fund a municipal education foundation to support local education pursuant to section 5724, subsection 10. The foundation may not spend the funds until it meets certain growth standards recommended by the Executive Department, State Planning Office Department of Administrative and Financial Services.

 

Sec. DD-13.  30-A MRSA §5724, sub-§10, as enacted by PL 2007, c. 405, §3, is amended to read:

 

 10. Municipal education foundations.  A municipal education foundation is established with the assistance of the Executive Department, State Planning Office Department of Administrative and Financial Services and must contain the following provisions.

A. The endowment of a municipal education foundation is funded by contributions by citizens, estates, municipalities and bond money if the foundation meets the Executive Department, State Planning Office standards pursuant to section 5652, subsection 2.

 

B. Trustees of a municipal education foundation must be citizens of the municipality and contain at least one member who is a teacher or administrator in the municipality’s education system to be a liaison between the school system and the municipal education foundation.

Sec. DD-14.  30-A MRSA §5903, sub-§6-A, as enacted by PL 1989, c. 48, §§14, 31, is amended to read:

6-A. Median household income.  "Median household income" means the income computed based on the most current census information available, as provided by the State Planning Office Governor's Office of Policy and Management.

Sec. DD-15.  35-A MRSA §3454, 1st, as enacted by PL 2007, c. 661, Pt. A, §7 is amended to read:

§3454. Determination of tangible benefits; requirements

In making findings pursuant to Title 12, section 685-B, subsection 4 or Title 38, section 484, subsection 3, the primary siting authority shall presume that an expedited wind energy development provides energy and emissions-related benefits described in section 3402 and shall make additional findings regarding other tangible benefits provided by the development. The Department of Labor, the Executive Department, State Planning Office Governor's Office of Policy and Management, the Governor's Energy Office, and the Public Utilities Commission shall provide review comments if requested by the primary sitting authority.

Sec. DD-16.  35-A MRSA §3454, sub-§5, as enacted by PL 2009, c. 642, Pt. A, §7, is amended to read:

5. Promoting economic development and resource conservation; assistance to host communities.  To the extent practicable within existing resources, the Department of Economic and Community Development, the Governor's Energy Office, and the Executive Department, State Planning Office Governor's Office of Policy and Management shall provide, upon the request of a host community, assistance for the purpose of helping the host community maximize the economic development and resource conservation benefits from tax payments and payments made pursuant to a community benefit agreement or a community benefits package in connection with expedited wind energy developments. As part of this assistance, the department and the office Department of Economic and Community Development shall support host communities in identifying additional funding and developing regional economic and natural resource conservation strategies.

 

Sec. DD-17.  36 MRSA §6759, as enacted by PL 1995, c. 669, §5, is amended to read:

§6759. Program administration

The commissioner shall administer this Act. The commissioner and the State Tax Assessor may adopt rules pursuant to the Maine Administrative Procedure Act for implementation of the program, including, but not limited to, rules for determining and certifying eligibility. The commissioner may also by rule establish fees, including fees payable to the State Tax Assessor and the State Planning Office for obligations under this chapter. Any fees collected pursuant to this chapter must be deposited into a special revenue account administered by the State Tax Assessor and those fees may be used only to defray the actual costs of administering this Act.

Sec. DD-18.  36 MRSA §7302, as enacted by PL 2005, c. 2, Pt. H, §2, is amended to read:

§7302. Progress reporting and data

1. Assessment and report.  The State Planning Office Governor's Office of Policy and Management shall separately assess and report on the progress made by the State, municipalities, counties and school administrative units, respectively, in achieving the tax burden reduction goals established in section 7301.

 

2. Indicators; annual report.  With reference to Title 5, chapter 142; Title 20-A, section 15671, subsection 1; and Title 30-A, sections 706-A and 5721-A, the State Planning Office Governor's Office of Policy and Management shall develop and apply specific, quantifiable performance indicators against which the progress in achieving the tax burden reduction goals established in section 7301 can be measured. On January 15, 2006 2013 and annually thereafter, the State Planning Office Governor's Office of Policy and Management shall report to the Governor and to the joint standing committee of the Legislature having jurisdiction over taxation matters on the progress made by the State, counties, municipalities and school administrative units, respectively, in achieving the tax burden reduction goals. The report required by this subsection must be comprised of 4 distinct parts reporting on the progress made by the State, municipalities, counties and school administrative units, respectively. The State Planning Office Governor's Office of Policy and Management may also include in its report recommendations on alternative strategies to achieve the tax burden reduction goals established in section 7301 that reflect the best practices in this State, other states and other countries.

 

3. Data.  The State Planning Office Governor's Office of Policy and Management shall annually collect and analyze data regarding spending and revenues for municipalities, counties and school administrative units. The State Planning Office Governor's Office of Policy and Management shall submit an annual report that provides information and analysis regarding government spending and revenue behavior and trends to the Governor and the joint standing committee of the Legislature having jurisdiction over taxation matters. The report must include information that identifies spending and revenue behavior by individual municipalities, counties and school administrative units. Upon request, other departments of State Government shall cooperate and assist the State Planning Office Governor's Office of Policy and Management in the preparation of the report.

 

Sec.  DD-19.  38 MRSA §484, sub-§10, as amended by PL 2009, c. 615, Pt. E, §8, is further amended to read:

 

10. Special provisions; wind energy development or offshore wind power project.  In the case of a grid-scale wind energy development, or an offshore wind power project with an aggregate generating capacity of 3 megawatts or more, the proposed generating facilities, as defined in Title 35-A, section 3451, subsection 5:

 

A. Will be designed and sited to avoid unreasonable adverse shadow flicker effects;

 

B. Will be constructed with setbacks adequate to protect public safety. In making a finding pursuant to this paragraph, the department shall consider the recommendation of a professional, licensed civil engineer as well as any applicable setback recommended by a manufacturer of the generating facilities; and

 

C. Will provide significant tangible benefits as determined pursuant to Title 35-A, section 3454, if the development is an expedited wind energy development.

 

The Department of Labor, the Executive Department, State Planning Office Governor's Office of Policy and Management, the Governor's Energy Office, and the Public Utilities Commission shall provide review comments if requested by the primary siting authority.

 

For purposes of this subsection, "grid-scale wind energy development," "primary siting authority," "significant tangible benefits" and "expedited wind energy development" have the same meanings as in Title 35-A, section 3451.

 

Sec. DD-20.  Resolves 1997, c. 36, section 1 is repealed.

 

Sec. DD-21. Initial recommendations.  No later than December 1, 2012, the Governor's Office of Policy and Management shall develop and recommend to the Governor and the Legislature changes in the structure, functions or operations of state government to achieve General Fund savings of at least $1,000,000 each during fiscal years 2013-14 and 2014-15.   

 

Sec. DD-22.  Creation of Governor’s Office of Policy and Management; Elimination of the Executive Department, State Planning Office; Transition Provisions.

 

            1.  The Governor’s Office of Policy and Management is created as of May 1, 2012.  The Governor shall appoint the Director of the Office at any time on or after that date.  The Director of the Office shall establish the Office, including creation of employee positions pursuant to this Act, to be hired on or after July 1, 2012.

 

            2.  The Executive Department, State Planning Office is eliminated on July 1, 2012.  All transfers of Executive Department, State Planning Office responsibilities to the Governor’s Office of Policy and Management under this Act are effective on July 1, 2012. 

            3. All records, property and equipment previously belonging to or allocated for the use of the Executive Department, State Planning Office, which have not otherwise been provided for under this Act, shall become the property of the Governor’s Office of Policy and Management.

Sec. DD-23.  Transition provisions; economics and demographics-related matters.  The following provisions apply to the reassignment of duties, responsibilities and activities of the Executive Department, State Planning Office regarding economics and demographics.

            1.  Two authorized positions and incumbent personnel in the Executive Department, State Planning Office that are assigned to that office's economics and demographics program are transferred to the Executive Department, Governor's Office of Policy and Management.  These employees shall retain their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

            2.  If so designated by the Governor, the Department of Labor is authorized to serve as the State Data Center for purposes of State Data Center Program administered by the United States Department of Commerce, Census Bureau and to develop a memorandum of agreement with the Census Bureau that outlines responsibilities of the department and bureau under the State Data Center Program.   

 

SUMMARY

PART DD

 

            Part DD establishes in the Executive Department the Governor's Office of Policy and Management whose primary mission is to facilitate achievement of long-term state economic goals and objectives and improvement of efficiency and effectiveness with which State government performs its functions and delivers services.  The office's duties include a number of economic policy-related functions for which the State Planning Office has been responsible.

 

 

PART EE

 

Sec. EE-1. 5 MRSA §2003, sub-§2, ¶D, sub-¶3, as enacted by PL 2005, c. 12, Pt. SS, §16, is amended to read:

 

(3) One representative of a statewide association of regional councils, appointed by the Speaker of the House from nominations made by the Executive Department, State Planning Office Department of Conservation;

 

Sec. EE-2.  5 MRSA §3331, as amended by PL 2009, c. 652, Pt. A, §1, is repealed.

 

Sec. EE-3.  5 MRSA Chapter 363, as enacted by PL 2009, c. 483, §1, is repealed.

 

Sec. EE-4.  5 MRSA §12004-G, sub-§29-C, as enacted by PL 2009, c. 483, §2, is repealed.

 

Sec. EE-5.  5 MRSA §12004-I, sub-§68-B, as enacted by PL 2007, c. 192, §1, is repealed.   

 

Sec. EE-6.  5 MRSA §13056-D, sub-§2, ¶C, as enacted by PL 2009, c. 414, Pt. G, §1 and affected by §5, is amended to read:

 

C. The Director of the State Planning Office within the Executive Department Commissioner of the Department of Conservation, or the commissioner's designee; and

 

Sec. EE-7.  5 MRSA §13083-T, sub-§2, ¶C, as enacted by PL 2007, c. 39, Pt. F, §1 and affected by §2, is repealed.

 

Sec. EE-8.  5 MRSA §13090-F, sub-§1, final ¶, as amended by PL 2009, c. 211, Pt. B, §2, is further amended to read:

 

The terms of the voting members are for 4 years each. The Governor shall fill a vacancy in the membership for any unexpired term. The commissioners, directors or designees of the following state departments or offices shall serve as ex officio, nonvoting members of the commission: the department; the State Planning Office; the Department of Conservation; the Department of Transportation; the Department of Inland Fisheries and Wildlife; the Department of Agriculture, Food and Rural Resources; the Department of Education; and the Bureau of Public Improvements. The Canadian Affairs Coordinator shall also serve as an ex officio, nonvoting member of the commission. A chair and vice-chair of the commission must be elected annually from the appointed membership.

 

Sec. EE-9.  5 MRSA §13107, sub-§1, as enacted by PL 2003, c. 673, Pt. M, §8, is amended to read:

 

1. Outcome measures.  Establish outcome measures considered appropriate by public and private practitioners inside and outside of the State in the fields of research and development and economic development. Practitioners in this State must include, but are not limited to, a representative from the University of Maine System, a representative of the targeted technology sectors, a representative of the Executive Department, State Planning Office  Governor's Office of Policy and Management and representatives of other state agencies having economic development responsibility;

 

Sec. EE-10.  5 MRSA §15302, sub-§3, ¶C, as amended by PL 2005, c. 425, §19, is further amended to read:

 

C. The Director of the State Planning Office Governor's Office of Policy and Management or the director's designee is an ex officio nonvoting director.

 

Sec. EE-11.  7 MRSA §214, sub-§3, as amended by PL 2005, c. 382, Pt. C, §2, is further amended to read:

 

3. Advisory committee.  The commissioner shall establish an advisory committee to discuss possibilities and review proposals for expanding purchases of local foodstuffs. The commissioner shall invite one or more representatives from each of the following agencies to serve on the advisory committee: the Department of Education; the Department of Marine Resources; the Department of Corrections; the Department of Administrative and Financial Services, Bureau of Purchases; the Executive Department, State Planning Office; the Department of Health and Human Services; the University of Maine System; and the Maine Community College System.

 

Sec. EE-12.  10 MRSA §918, sub-§3, as enacted by PL 1977, c. 548, §1, is amended to read:

 

3. Ex officio corporators.  Ex officio corporators consist of the heads of the major state departments and agencies and the Chancellor of the University of Maine System. State department and agency heads include the following:

 

Treasurer of State;

Director of the State Planning Governor's Office of Policy and Management;

Commissioner of Economic and Community Development;

Commissioner of Agriculture, Food and Rural Resources;

Commissioner of Professional and Financial Regulation;

Commissioner of Conservation;

Commissioner of Education;

Commissioner of Environmental Protection;

Commissioner of Administrative and Financial Services;

Commissioner of Health and Human Services;

Commissioner of Inland Fisheries and Wildlife;

Commissioner of Labor;

Commissioner of Marine Resources;

Commissioner of Transportation;

Chief Executive Officer of the Finance Authority of Maine;

Executive Director of the Maine Municipal Bond Bank; and

Executive Director of the Maine State Housing Authority.

 

Sec. EE-13. 10 MRSA §945-B, sub-§1, as amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:

 

1. Members.  Members are the private individuals, partnerships, firms, corporations, governmental entities and other organizations who pay dues to the center. For the purposes of this chapter, members may include, but are not limited to, municipal and county government, councils of government, local and area development corporations, regional planning commissions, development districts, state agencies, higher educational facilities, including the components of the University of Maine System, the Maine Maritime Academy, private colleges and postsecondary schools and community colleges, and other public or quasi-public entities. The following 8 public organizations are granted membership by virtue of the State's contribution to the organization, are exempt from dues requirements and each is entitled to designate one individual to exercise its voting right: the Department of Agriculture, Food and Rural Resources, the State Planning Office, Governor's Office of Policy and Management, the Finance Authority of Maine, the Department of Labor, the Department of Conservation, the Department of Marine Resources, the Department of Economic and Community Development and the Department of Transportation.

Sec.  EE-14.  10 MRSA §1063, sub-§2, ¶J, sub-¶2, as amended by PL 1989, c. 501, Pt. DD, § 20, is further amended to read:

(2) The Director of the State Planning Office Governor's Office of Policy and Management has reviewed and commented upon the project proposal. The Director of the State Planning Office Governor's Office of Policy and Management shall make comments within 30 days after receipt of a notification and copy of the project proposal from the authority. The authority shall take the comments into consideration in its consideration of the project; and

 

Sec. EE-15.  12 MRSA §406, as enacted by PL 1983, c. 458, §1, is repealed. 

 

Sec. EE-16.  12 MRSA §407, as amended by PL 1989, c. 878, Pt. A, §29, is further amended to read:

§407. Comprehensive river resource management plans

The State Planning Office Department of Conservation, with assistance from the Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the Department of Environmental Protection, the Governor's Energy Office and other state agencies as needed, shall develop, subject to the Maine Administrative Procedure Act, Title 5, chapter 375, a comprehensive river resource management plan for each watershed with a hydropower project licensed under the Federal Power Act or to be licensed under the Federal Power Act. These plans shall provide a basis for state agency comments, recommendations and permitting decisions and shall at a minimum include, as applicable, minimum flows, impoundment level regimes, upstream and downstream fish passage, maintenance of aquatic habitat and habitat productivity, public access and recreational opportunities. These plans shall update, complement and, after public notice, comment, and hearings in the watershed, be adopted as components of the State's comprehensive rivers management plan.

Sec. EE-17. 26 MRSA §2006, sub-§7, ¶C, sub-¶10, as revised by PL 2003, c. 689, Pt. B, §6, is amended to read:

 

(10) The Department of Economic and Community Development, the Department of Education, the Department of Health and Human Services, and the Department of Labor and the State Planning Office.

 

Sec. EE-18. 30-A MRSA §2343, as enacted by PL 2009, c. 483, §3, is repealed.

 

Sec. EE-19.  30-A MRSA §4350, as amended by PL 2005, c. 201, §1, is repealed.

 

Sec. EE-20.  30-A MRSA §4350-A, as amended by PL 2007, c. 458, §1, is repealed. 

 

Sec. EE-21.  30-A MRSA §6208, sub-§1, ¶A, as enacted by PL 2005, c. 266, §2, is repealed.

 

Sec. EE-22.  36 MRSA §305, sub-§2, ¶C, as enacted by PL 1973, c. 620, §10, is amended to read:

 

C. Establishment of a coordinate grid system in connection with the State Planning Office Department of Conservation for the purpose of uniform identification of property parcels;

 

Sec. EE-23.  38 MRSA §1803, as enacted by PL 1985, c. 794, Pt. A, §11, is repealed.

 

Sec. EE-24.  38 MRSA §2013, sub-§2, ¶A, as enacted by PL 1997, c. 519, Pt. B, §1 and affected by PL 1997, c. 519, Pt. B, §3, is repealed.

 

Sec.  EE-25.  38 MRSA §2123-C, as enacted by PL 2007, c. 192, §4, is repealed.

 

Sec.  EE-26.  PL 2011, c. 205, §4 is amended to read:

 

Sec. 4. Statewide aquatic restoration plan for stream crossings. The Department of Environmental Protection, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources and the Department of Transportation, in conjunction with Department of Conservation the Executive Department, State Planning Office and other interested stakeholders, shall work collaboratively to develop a statewide aquatic conservation and restoration strategy plan, referred to in this section as "the plan," designed to maintain and restore the ecological health of the State's aquatic ecosystems and focusing on maintaining and restoring dynamic ecological processes responsible for creating and sustaining habitats over broad landscapes as opposed to individual projects or small watersheds. The plan must improve upon best management practices for public and private roads by including consideration of the Department of Transportation's Waterway and Wildlife Crossing Policy and Design Guide, the Maine Interagency Stream Connectivity Work Group's 2010 final report, Maine's Atlantic salmon recovery plan and any other technical, policy and financial information that may help the process. The plan must include, but not be limited to, using scientific data from stakeholders, establishing active restoration priorities, refining existing and proposing additional best management practices, reviewing statutory exemptions and regulatory standards to inform regulatory decision making, establishing performance measures, proposing funding alternatives for passive and active restoration, identifying gaps and overlaps with other pertinent issues such as climate change and flood management and providing for education and outreach. The Department of Environmental Protection, in cooperation with the Department of Inland Fisheries and Wildlife, the Department of Marine Resources and the Department of Transportation, shall present the final draft of the plan, which may include suggested legislation, to the joint standing committee of the Legislature having jurisdiction over natural resources matters no later than January 31, 2013. The committee may report out a bill to the First Regular Session of the 126th Legislature.

 

Sec.  EE-27.   P&SL 1999, c. 58, §2, sub-§7 is repealed.

 

Sec.  EE-28.   P&SL 1999, c. 58, §4, sub-§1, ¶B is repealed.

 

 

SUMMARY

PART EE

 

Part EE amends legislation regarding state boards and commissions and natural resources-related planning functions to reflect abolishment of the State Planning Office and abolishes several boards and commissions for which the State Planning Office has provided support. 

 

 

 

 

 

PART FF

Sec. FF-1.  5 MRSA §13056, sub-§6, ¶B, as amended by PL 2003, c. 159, §2, is amended to read:

B. Other community planning, technical assistance and training and development assistance programs of the former State Planning Office;

 

Sec. FF-2. 5 MRSA §13072, sub-§7, as amended by PL 1995, c. 395, Pt. D, §7, is further amended to read:

 

7. Oversee community development resources and programs.  The director shall oversee the implementation of community development programs to include at a minimum:

A. The Community Development Block Grant Program.

 

B.

 

C.

 

D.

 

E.

 

F.

 

G.   Training and certification for municipal code enforcement officers under chapter 187, subchapter 5 and Title 10, chapter 187.

Sec. FF-3.  10 MRSA §9723, sub-§2, as enacted by PL 2007, c. 699, §6, is amended to read:

2. Training program standards; implementation.  The committee shall direct the training coordinator of the Bureau of Building Codes and Standards, established in Title 25, section 2372, to develop a training program for municipal building officials, local code enforcement officers and 3rd-party inspectors. The Executive Department, State Planning Office, Department of Economic and Community Development, Office of Community Development, pursuant to Title 30-A, section 4451, subsection 3-A, shall implement the training and certification program established under this chapter.

Sec. FF-4.  25 MRSA §2374, as amended by PL 2009, c. 213, Pt. M, §3, is further amended to read:

§2374. Uniform Building Codes and Standards Fund

The Uniform Building Codes and Standards Fund, referred to in this section as "the fund," is established within the Department of Public Safety to fund the activities of the bureau under this chapter and the activities of the board under Title 10, chapter 1103 and the Executive Department, State Planning Office Department of Economic and Community Development, Office of Community Development under Title 30-A, section 4451, subsection 3-A. Revenue for this fund is provided by the surcharge established by section 2450-A. The Department of Public Safety and the Executive Department, State Planning Office Department of Economic and Community Development, Office of Community Development shall together determine an amount to be transferred annually from the fund for training and certification under Title 30-A, section 4451, subsection 3-A to the Maine Code Enforcement Training and Certification Fund established in Title 30-A, section 4451, subsection 3-B. Any balance of the fund may not lapse, but must be carried forward as a continuing account to be expended for the same purpose in the following fiscal year.

Sec. FF-5.  25 MRSA §2450-A, as enacted by PL 2007, c. 699, §13, is amended to read:

§2450-A. Surcharge on plan review fee for Uniform Building Codes and Standards Fund

In addition to the fees established in section 2450, a surcharge of 4¢ per square foot of occupied space must be levied on the existing fee schedule for new construction, reconstruction, repairs, renovations or new use for the sole purpose of funding the activities of the Technical Building Codes and Standards Board with respect to the Maine Uniform Building and Energy Code, established pursuant to the Title 10, chapter 1103, the activities of the Bureau of Building Codes and Standards under chapter 314 and the activities of the Executive Department, State Planning Office Department of Economic and Community Development, Office of Community Development under Title 30-A, section 4451, subsection 3-A, except that the fee for review of a plan for the renovation of a public school, including the fee established under section 2450, may not exceed $450. Revenue collected from this surcharge must be deposited into the Uniform Building Codes and Standards Fund established by section 2374.

Sec. FF-6.  30-A MRSA §4215, sub-§4, as amended by PL 2009, c. 213, Pt. M, §4, is further amended to read:

4. Fees.  The plumbing inspector shall issue any permit under this section upon receipt and approval of a completed application form as prescribed by the commissioner and payment by the applicant of the fee established by the municipality. The fee must be at least the minimum amount determined by rule of the department. One-quarter of the amount of the minimum fee must be paid through the department to the Treasurer of State to be maintained as a permanent fund and used by the department to implement its subsurface wastewater disposal rules, to administer the receipt and collation of completed permits and to issue plumbing permit labels to the municipality and by the State Planning Office Department of Economic and Community Development, Office of Community Development for training and certification of local plumbing inspectors. The department and the State Planning Office Department of Economic and Community Development, Office of Community Development shall together determine an amount to be transferred annually by the Treasurer of State for training and certification of local plumbing inspectors to the Maine Code Enforcement Training and Certification Fund established in section 4451, subsection 3-B. The remainder of the fee must be paid to the treasurer of the municipality.

Sec. FF-7.  30-A MRSA §4221, sub-§2, as amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

2. Certification requirements.  A person may not hold the office of plumbing inspector unless currently certified as qualified by the State Planning Office pursuant to section 4451. Certification is effective for a period of 5 years unless sooner revoked or suspended by the District Court as provided for in section 4451.

Sec. FF-8.  30-A MRSA §4451, sub-§1, as amended by PL 2009, c. 213, Pt. M, §5, is further amended to read:

§4451. Training and certification for code enforcement officers

1. Certification required; exceptions.  A municipality may not employ any individual to perform the duties of a code enforcement officer who is not certified by the former State Planning Office or the office, except that:

 

A. An individual other than an individual appointed as a plumbing inspector has 12 months after beginning employment to be trained and certified as provided in this section;

 

B. Whether or not any extension is available under paragraph A, the office may waive this requirement for up to one year if the certification requirements cannot be met without imposing a hardship on the municipality employing the individual;

 

C. An individual may be temporarily authorized in writing by the Department of Health and Human Services, Division of Health Engineering to be employed as a plumbing inspector for a period not to exceed 12 months; and

 

D. An individual whose certification has expired or is about to expire may be temporarily authorized in writing by the office to extend that individual's certification for a period not to exceed 12 months in cases where the necessary training or examination is suspended under subsection 3-B, paragraph E.

Sec. FF-9.  30-A MRSA §4451, sub-§6, 1st, as amended by PL 2009, c. 213, Pt. M, §9, is further amended to read:

6. Certification; terms; revocation.  The office shall certify individuals as to their competency to successfully enforce ordinances and other land use regulations and permits granted under those ordinances and regulations and shall issue certificates attesting to the competency of those individuals to act as code enforcement officers. Certificates issued by the former State Planning Office or the office are valid for 6 years unless revoked by the District Court. An examination is not required for recertification of code enforcement officers. The office shall recertify a code enforcement officer if the code enforcement officer successfully completes at least 12 hours of approved training in each area of job responsibility during the 6-year certification period.

Sec. FF-10.  30-A MRSA §4452, sub-§7, as amended by PL 2007, c. 569, §1, is further amended to read:

7. Natural resources protection laws.  A code enforcement officer, authorized by a municipality to represent that municipality in District Court and certified by the former State Planning Office or the Department of Economic and Community Development, Office of Community Development under section 4453 as familiar with court procedures, may enforce the provisions of Title 38, section 420-C, Title 38, chapter 3, subchapter 1, article 5-A and Title 38, chapter 13-D by instituting injunctive proceedings or by seeking civil penalties in accordance with Title 38, section 349, subsection 2.

 

Sec. FF-11.  38 MRSA §480-F, sub-§1, ¶B, as repealed and replaced by PL 1997, c. 364, §19, is amended to read:

 

B. Adopted a comprehensive plan and related land use ordinances determined by the former State Planning Office or the Department of Economic and Community Development, Office of Community Development to be consistent with the criteria set forth in Title 30-A, chapter 187, subchapter II and determined by the commissioner to be at least as stringent as criteria set forth in section 480-D;

 

Sec. FF-12.  38 MRSA §480-F, sub-§1, ¶F, as amended by PL 2003, c. 688, Pt. A, §43, is further amended to read:

 

F. Appointed a code enforcement officer, certified by the Executive Department, State Planning Office pursuant to Title 30-A, section  4451.

Sec. FF-13.  Transition provisions; code enforcement training and certification-related matters.  The following provisions apply to the reassignment of duties, responsibilities and activities of the Executive Department, State Planning Office regarding code enforcement training and certification to the Department of Economic and Community Development, Office of Community Development. 

            1. One authorized position and incumbent personnel in the Executive Department, State Planning Office that is assigned to that office's code enforcement training and certification program is transferred to the Department of Economic and Community Development, Office of Community Development. This employee shall retain her accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

            2.  Notwithstanding the provisions of the Maine Revised Statutes, Title 5, the State Controller, upon request of the State Budget Officer and with the approval of the Governor, shall transfer to the proper account in the Department of Economic and Community Development, Office of Community Development all accrued expenditures, assets, liabilities, including but not limited to any contractual obligations, balances or appropriations, allocations, transfers, revenues or other available funds in any account or subdivision of an account of the State Planning Office established for funds provided to the office under Title 25, section 2374 and Title 30-A, section 4215, subsection 4.   Nothing in this section changes or is intended to change or otherwise affect the purposes or uses for which any funds transferred pursuant to this section may be expended.  

 

SUMMARY

PART FF

 

Part FF transfers the State Planning Office's duties and responsibilities regarding training and certification for municipal code enforcement officers to the Office of Community Development in the Department of Economic and Community Development.


PART GG

 

Sec. GG-1.  5 MRSA §1742, sub-§28 is enacted to read:

28.  State landfills.  To own, design, develop or operate, or contract with private parties to operate, solid waste disposal facilities, as provided in Title 38, chapter 24, subchapter IV.

Sec. GG-2.  5 MRSA §12004-D, sub-§4, as enacted by PL 1989, c. 585, Pt. A, §5, is repealed.

Sec. GG-3.  5 MRSA §12006, sub-§3, ¶B, as enacted by PL 2003, c. 643, §6, is repealed.

Sec.  GG-4. 10 MRSA §1023-G, sub-§ 3, ¶D, as amended by PL 1995, c. 656, Pt. A, §2, is further amended to read:

D. The project will contribute to achieving the goals identified in the state waste management and recycling plan adopted under Title 38, chapter 24 and is determined by the State Planning Office Department of Environmental Protection to be consistent with that plan. Prior to adopting the state waste management and recycling plan, the fund may be used for projects that help achieve the goals identified in the state recycling plan approved under former Title 38, section 1310-M.

Sec. GG-5. 10 MRSA §1041, sub-§18, as amended by PL 1995, c. 656, Pt. A, §3, is further amended to read:

18. Recycling and waste reduction.  Provide financial assistance to businesses for recycling and waste reduction projects that are consistent with the management goals and objectives outlined in the state waste management and recycling plan under Title 38, chapter 24. The State Planning Office Department of Environmental Protection shall provide assistance to the authority in determining consistency, technical eligibility and merit of application for recycling loans.

Sec.  GG-6. 10 MRSA §1063, sub-§2, ¶I-1, as amended by PL 1995, c. 656, Pt. A, §4, is further amended to read:

I-1. In the case of recycling and waste reduction projects, the proposed facility is consistent with and will contribute to the management goals and objectives outlined in the state waste management and recycling plan under Title 38, chapter 24 and will reduce the amount of solid or hazardous waste requiring disposal. The State Planning Office Department of Environmental Protection shall provide assistance to the authority in determining consistency, technical eligibility and merit of applications for assistance under this subchapter.

Sec. GG-7. 38 MRSA §1303-C, sub-§19-C, as enacted by PL 1995, c. 656, Pt. A, §21, is repealed.

 

Sec. GG-8. 38 MRSA §1303-C, sub-§35, as amended by 1997, c. 393, Pt. B, §9, is further amended to read:

 

35. State waste management and recycling plan.  "State waste management and recycling plan" means the plan adopted by the former Maine Waste Management Agency pursuant to chapter 24, subchapter II, and subsequent plans developed by the former State Planning Office pursuant to former Title 5, section 3305, subsection 1, paragraph N and the department pursuant to section subsection 2122 , and may also be referred to as "state plan."

 

Sec. GG-9. 38 MRSA §1304, sub-§4, as amended by PL 1995, c. 656, Pt. A, §22, is further amended to read:

 

4. Technical assistance.  The commissioner is authorized to establish guidelines for effective waste management, to provide technical assistance to persons planning, constructing or operating waste facilities, and to conduct applied research activities in the field of waste management, disposal technology and environmental effects, including methods of recycling hazardous or solid waste, sludge or septage. The commissioner shall cooperate with the office in the design and delivery of this assistance.

 

Sec. GG-10. 38 MRSA §1304, sub-§13, as amended by PL 1995, c. 656, Pt. A, §23, is further amended to read:

 

13. Innovative disposal and utilization.  Recognizing that environmentally suitable sites for waste disposal are in limited supply and represent a critical natural resource, the commissioner may investigate and implement with the approval of the board innovative programs for managing, utilizing and disposing of solid waste. Innovative programs may include agricultural and forest land spreading of wood-derived ash, utilization of ash resulting from combustion of municipal solid waste, paper mill sludges, municipal waste water treatment plant sludges and the composting of yard wastes. The office commissioner shall first determine that the proposed innovative disposal and waste management programs are consistent with the state plan. The commissioner shall review proposed innovative programs for each waste category and shall apply all controls necessary to ensure the protection of the environment and public health consistent with this chapter. The board may adopt application review procedures designed to review individual applications and their individual waste sources with prior approval of classes of disposal or utilization sites. The board shall adopt provisions for municipal notification prior to use of individual utilization sites.

 

Sec. GG-11.  38 MRSA §1304-B, sub-§4-A, ¶D, as amended by PL 1995, c. 656, Pt. A, §4, is further amended to read:

 

D. A municipality that anticipates that it will be unable to meet its contract obligation to supply a minimum BTU content level or minimum tonnage due to waste reduction or recycling programs and is unable to reach an agreement with the incinerator for the anticipated reduction may request the office department to intercede. The department office shall assist the incinerator in soliciting solid waste to mitigate any anticipated shortfall in minimum BTU content level or minimum tonnage. If no agreement on mitigation of an anticipated shortfall is reached, the terms of the original contract prevail, except as otherwise provided in this chapter.

 

Sec. GG-12.  38 MRSA §1309, as amended by PL 2001, c. 22, §1, is further amended to read:

§1309. Interstate cooperation

The Legislature encourages cooperative activities by the department and the office with other states for the improved management of hazardous and solid waste; for improved, and as far as is practicable, uniform state laws relating to the management of hazardous and solid waste; and compacts between this and other states for the improved management of hazardous and solid waste.

Sec. GG-13.  38 MRSA §1310-S, sub-§1, as amended by PL 1989, c. 890, Pt. B, §249 and affected by Pt. A, §40, is further amended to read:

 

1. Notification.  A person applying for a license under this article or giving notice to the commissioner pursuant to section 485-A shall give, at the same time, written notice to the office and to the municipal officers of the municipality in which the proposed facility may be located and shall publish notice of the application in a newspaper of general circulation in the area.

 

Sec. GG-14.  38 MRSA §1310-U, first ¶, as amended by PL 1995, c. 656, Pt. A, §26, is further amended to read:

§1310-U. Municipal ordinances

Municipalities are prohibited from enacting stricter standards than those contained in this chapter and in the solid waste management rules adopted pursuant to this chapter governing the hydrogeological criteria for siting or designing solid waste disposal facilities or governing the engineering criteria related to waste handling and disposal areas of a solid waste disposal facility. Except as provided in section 2173, municipalities are further prohibited from enacting or applying ordinances that regulate solid waste disposal facilities owned by the office State or a state agency or a regional association.

Sec. GG-15.  38 MRSA §1316-G, as amended by PL 2007, c. 655, §§12-14, is further amended to read:

§1316-G. Tire stockpile abatement program

The State shall undertake a program to eliminate tire stockpiles. The program is under the direction of the department with assistance from other agencies including the State Planning Office, the Department of the Attorney General, the Maine State Police, the Maine National Guard and the Department of Corrections.

1. Tire stockpile abatement.  The department shall, as available resources allow:

 

A. Estimate the number of tires that are stockpiled and that pose a significant risk to the environment or public health;

 

B. Develop a tire stockpile reduction priority plan based on environmental and public health risks;

 

C. Seek the cooperation and assistance of private and governmental landowners or tire stockpile operators to reduce the size and number of tire stockpiles;

 

D. Assist tire stockpile owners and operators willing to cooperate within the law;

E. Utilize enforcement powers unilaterally or in conjunction with the Department of the Attorney General or the Maine State Police or other parties to abate health, safety and environmental risks posed by tire stockpiles when voluntary cooperation is not provided by landowners or operators;

 

F. Develop or cause to be developed site-specific tire stockpile abatement plans;

 

G. Give preference in implementing site-specific tire stockpile abatement activities to the processing of tires for removal and beneficial use while mitigating fire risk;

 

H. Educate the public and encourage use of tires based on consideration of environmental and public health impacts as well as market conditions; and

 

I. Contract for services to reduce tire stockpiles and abate significant risk to the environment and public health at tire stockpile sites.

 

2. Market development.  The State Planning Office department shall, as available resources allow, assist the department generally in implementation of subsection 1 The assistance may include, but is not limited to, encouraging assist with market development to encourage the beneficial reuse of whole tires and processed tires inside or outside the State. The department office may also make recommendations to the Legislature regarding legislation that would enhance the beneficial reuse of waste tires or processed tires.

 

3. Business retention and new technology.  The Department of Economic and Community Development, as available resources allow, shall lead a cooperative effort involving the department, the State Planning Office and the Finance Authority of Maine to identify measures the State can take to provide a favorable environment for the retention of businesses assisting in the processing of waste tires. This cooperative effort must also provide for the introduction of viable new technologies to cost-effectively convert waste tires to commodities that can be utilized for beneficial reuse and for energy production.

Sec. GG-16.  38 MRSA §1652, sub-§2, as amended by PL 1997, c. 195, §1, is further amended to read:

§1652. State and political subdivision facilities and functions

2. Schools.  A school or school administrative district shall comply with the provisions of this section except that a food service providing such services to satellite facilities at the school or school administrative district serviced by central kitchen facilities not at the same location is exempt. A school or school administrative district may submit a request to the Executive Department, State Planning Office department for a 3-year waiver from the provisions of this section. The State Planning Office department may grant the requested waiver as long as:

 

A. The request includes an explanation of the district's financial hardship and a waste reduction plan. The plan must be designed to achieve the goal of using durable containers in place of disposable containers, unless it is shown that the use of durable containers is not feasible and alternative goals are proposed. The plan must include a proposed capital plan for the acquisition of necessary equipment; and

 

B. The school or school administrative district has held a public hearing on the proposal to use polystyrene containers and the waste reduction plan.

 

The State Planning Office department may renew the waiver for 2-year periods if it finds that the school or school administrative district has made reasonable progress toward implementing the waste reduction plan. The State Planning Office department, within available resources, may provide technical and financial assistance to schools and school administrative districts to assist them with meeting the goal of using durable containers.

Sec. GG-17.  38 MRSA §1668, as enacted by PL 1999, c. 779, §2, is amended to read:

§1668. Education program

The department and the Executive Department, State Planning Office shall implement an education program relating to mercury-added products no later than January 1, 2001. The program must provide information to the public about labeled mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products and collection programs that are available to the public.

Sec. GG-18.  38 MRSA §1669, as enacted by PL 1999, c. 779, § 2, is amended to read:

§1669. Technical assistance to municipalities

The department shall coordinate with the Executive Department, State Planning Office to assist interested municipalities and regional associations in developing collection programs for mercury-added products.

Sec. GG-19.  38 MRSA §1705, sub-§9-B, as enacted by PL 1995, c. 656, Pt. A, §28, is repealed.

Sec. GG-20.  38 MRSA §1721, as amended by PL 1995, c. 656, Pt. A, §29, is amended to read:

§1721. Formation

The formation of a disposal district is accomplished as follows.

1. Application by municipal officers.  The municipal officers of the municipality or municipalities that desire to form a disposal district shall file an application with the office program, after notice and hearing in each municipality, on a form or forms prepared by the office department, setting forth the name or names of the municipality or municipalities and furnishing such other data as the office department determines necessary and proper. The application must contain, but is not limited to, a description of the territory of the proposed district, the name proposed for the district that includes the words "disposal district," a statement showing the existence in that territory of the conditions requisite for the creation of a disposal district as prescribed in section 1702, and other documents and materials required by the office program. The office department may adopt rules under this chapter.

 

2. Public hearing.  Upon receipt of the application, the office department shall hold a public hearing on the application within 60 days of the date of receipt of the application, at some convenient place within the boundaries of the proposed district. At least 14 days prior to the date of the hearing, the office department shall publish notice of the hearing at least once in a newspaper of general circulation in the area encompassed by the proposed district.

 

3. Approval of application.  After the public hearing, on consideration of the evidence received, the office department shall, in accordance with section 1702 and rules adopted by the office department, make findings of fact and a determination of record whether or not the conditions requisite for the creation of a disposal district exist in the territory described in the application. If the office department finds that the conditions do exist, it shall issue an order approving the proposed district as conforming to the requirements of this chapter and designating the name of the proposed district. The office department shall give notice to the municipal officers within the municipality or municipalities involved of a date, time and place of a meeting of the representative of the municipality or municipalities involved. The municipal officers shall elect a representative to attend the meeting who may represent the municipality in all matters relating to the formation of the district. A return receipt properly endorsed is evidence of the receipt of notice. The notice must be mailed at least 10 days prior to the date set for the meeting.

 

4. Denial of application.  If the office department determines that the creation of a disposal district in the territory described in the application is not warranted for any reason, it shall make findings of fact and enter an order denying its approval. The office department shall give notice of the denial by mailing certified copies of the decision and order to the municipal officers of the municipality or municipalities involved. An application for the creation of a disposal district, consisting of exactly the same territory, may not be entertained within one year after the date of the issuance of an order denying approval of the formation of that disposal district, but this provision does not preclude action on an application for the creation of a disposal district embracing all or part of the territory described in the original application, provided that another municipality or fewer municipalities are involved.

 

5. Joint meeting.  The persons selected by the municipal officers, to whom the notice described in subsection 3 is directed, shall meet at the time and place appointed. When more than one municipality is involved, they shall organize by electing a chair and a secretary. An action may not be taken at any such meeting unless, at the time of convening, there are present at least a majority of the total number of municipal representatives eligible to attend and participate at the meeting, other than to report to the office program that a quorum was not present and to request the office to issue a new notice for another meeting. A quorum is a simple majority of representatives eligible to attend the meeting. The purpose of the meeting is to determine the number of directors, subject to section 1724, to be appointed by and to represent each participating municipality and to determine the duration of terms to be served by the initial directors so that, in ensuing years, 1/3 of the directors and their alternates are appointed or reappointed each year, to serve until their respective successors are duly appointed and qualified. Subject to section 1724, the number of directors to represent each municipality is subject for negotiation among the municipal representatives. When a decision has been reached on the number of directors and the number to represent each municipality and the initial terms of the directors, subject to the limitations provided, this decision must be reduced to writing by the secretary and must be approved by a 2/3 vote of those present. The vote so reduced to writing and the record of the meeting must be signed by the chair, attested by the secretary and filed with the office department. Any agreements among the municipal representatives that are considered essential prerequisites to the formation of the district, whether concerning payments in lieu of taxes to a municipality in which a waste facility is to be located, or any other matter, must be in writing and included in the record filed with the office department.  Subsequent to district formation, the board of directors of the district shall execute all documents necessary to give full effect to the agreements reached by the municipal representatives and filed with the office department. When a single municipality is involved, a copy of the vote of the municipal officers, duly attested by the clerk of the municipality, must be filed with the office department.

 

6. Submission.  When the record of the municipality, or the record of the joint meeting, when municipalities are involved, is received by the office department and found to be in order, the office department shall order the question of the formation of the proposed disposal district and other questions relating to the formation to be submitted to the legal voters residing within the municipalities, except as provided in subsection 7, in which case the municipal officers may determine the questions. The order must be directed to the municipal officers of the municipality or municipalities that propose to form the disposal district, directing them to call, within 60 days of the date of the order, town meetings or city elections for the purpose of voting in favor of or in opposition to each of the following articles or questions, as applicable, in substantially the following form:

 

A. Whether the town (or city) of (name of town or city) will vote to incorporate as a disposal district to be called (name) Disposal District;

 

B. Whether the residents of (name of town or city) will vote to join with the residents of the (name of town or city) to incorporate as a disposal district to be called (name) Disposal District: (legal description of the bounds of the proposed disposal district). At a minimum, the district must consist of (names of essential municipalities); and

 

C. Whether the residents of (name of town or city) will vote to approve the total number of directors and the allocation of representation among the municipalities on the board of directors, as determined by the municipal officers and listed as follows: Total number of directors is (number of directors) and the residents of (town or city) are entitled to ( ) directors. (The number of directors to which each municipality is entitled must be listed.)

 

Directors must be chosen to represent municipalities in the manner provided in section 1725.

 

7. Determination by municipal officers.  In the event that the charters of the respective municipalities, or any one of them, consistent with such state laws as may otherwise be applicable, permit the municipal officers of the municipality or municipalities that propose to form the disposal district to vote to join such a district, the municipal officers may determine the question of the formation of the proposed disposal district and other questions relating to the formation without submission to the legal voters residing within the municipality.

Sec. GG-21.  38 MRSA §1722, as amended by PL 1995, c. 656, Part A, §30, is further amended to read:

§1722. Approval and organization

When the residents of the municipality, or each municipality when more than one is involved, or the municipal officers, as the case may be, have voted upon the formation of a proposed disposal district and all of the other questions submitted, the clerk of each of the municipalities shall make a return to the office department in such form as the office department may determine. If the office department finds from the returns that each of the municipalities involved, voting on each of the articles and questions submitted to them, has voted in the affirmative, and that the municipalities have appointed the necessary directors and listed the names of the directors to represent each municipality, and that all other steps in the formation of the proposed disposal district are in order and in conformity with law, the office department shall make a finding to that effect and record the finding upon its records. When 3 or more municipalities are concerned in the voting, and at least 2 have voted to approve each of the articles and questions submitted, appointed the necessary directors and listed the names of the directors to represent each municipality, rejection of the proposed disposal district by one or more does not defeat the creation of a district composed of the municipalities voting affirmatively on the question, if the office department determines and issues an order stating that it is feasible or practical to constitute the district as a geographic unit composed of the municipalities voting affirmatively, unless the vote submitted to the municipalities provided that specific participants or a minimum number of participants must approve the formation of the district.

The office department, immediately after making its findings, shall issue a certificate of organization in the name of the disposal district in such form as the office department determines. The original certificate must be delivered to the directors on the day that they are directed to organize and a copy of the certificate duly attested by the commissioner executive director of the office must be filed and recorded in the office of the Secretary of State. The issuance of the certificate by the office department is conclusive evidence of the lawful organization of the disposal district. The disposal district is not operative until the date set by the directors under section 1726.

Sec. GG-22. 38 MRSA §1725, first ¶, as amended by PL 1995, c. 656, Pt. A, §31, is further amended to read:

§1725. Appointment of directors and organizational meeting

Directors are appointed by the municipal officers of the municipality they represent. Alternate directors may be appointed by the municipal officers to act in the absence of a director. To the extent possible, the board of directors must include a mix of individuals with sufficient managerial, technical, financial or business experience to execute their duties efficiently and effectively. Appointments must be by vote of the municipal officers, attested to by the municipal clerk and presented to the clerk of the district. The municipal officers, by majority vote, may remove their appointed representatives during their term for stated reasons, but directors may not be removed except for neglect of duty, misconduct or other acts that indicate an unfitness to serve. Upon receipt of the names of all the directors, the office department shall set a time, place and date for the first meeting of the directors, notice of the meeting to be given to the directors by certified or registered mail, return receipt requested and mailed at least 10 days prior to the date set for the meeting.

Sec. GG-23. 38 MRSA §1726-A, sub-§4, ¶A, as amended by PL 1995, c. 656, Pt. A, §32, is further amended to read:

A. When the question is submitted prior to the issuance of any indebtedness by the district, the directors may decide that approval of such an assessment article by the voters of a municipality is a condition of each municipality's continuance as a member of the district, in which case the ballots must include a statement that municipalities that fail to vote in favor of the proposed assessment article are no longer members of the district if the board determines that it is feasible or practical to constitute a district as a geographic unit made up of the municipalities voting in favor of the proposed assessment article. The ballots must also state the method to be used to allocate assessments among the member municipalities if the article is approved. The ballot may not contain a specific fractional share of the assessment to be borne by each member municipality. The votes must be counted in each municipality and the affirmative vote of a simple majority of votes cast in each municipality is required to grant the district assessment powers over all of the municipalities in the district. When 3 or more municipalities are involved in the voting and at least 2 have voted to approve the assessment article submitted to them, rejection of the proposed assessment article by one or more municipalities does not defeat the assessment power with respect to the municipalities voting in favor of it if the board determines that it is feasible or practical to constitute a district made up of the municipalities voting in favor of the article as a geographic unit. In that event, the board, immediately after making its findings, shall issue an amended certificate of organization in the name of the district for a district composed only of the municipalities voting in favor of the assessment article. Upon the issuance of a certificate the municipalities not approving the assessment article are no longer members of the district. The original of the amended certificate must be delivered to the directors of the district and a copy of the certificate attested by the Director of the State Planning Office commissioner must be filed and recorded in the office of the Secretary of State. The issuance of the certificate by the board is conclusive evidence of the lawful reorganization of the district. If the board determines that it is not feasible or practical to constitute the district as a geographic unit composed of the municipalities voting affirmatively on the article, the district continues to exist with no assessment power and the municipalities that did not approve the assessment article remain members of the district.

 

Sec. GG-24.  38 MRSA §1727, as amended by PL 1995, c. 656, Part A, §33, is further amended to read:

§1727. Admission of new member municipalities

The board of directors may authorize the inclusion of additional member municipalities in the district upon the terms and conditions as the board, in its sole discretion, determines to be fair, reasonable and in the best interest of the district, except that on proper application any municipality that is host to a waste facility of the district must be admitted on equal terms with existing members, provided that the new member municipality assumes or becomes responsible for a proportionate share of liabilities of the district in a manner similar to that of existing municipalities. The legislative body of any nonmember municipality that desires to be admitted to the district shall make application for admission to the board of directors of the district. The directors shall determine the effects and impacts that are likely to occur if the municipality is admitted and shall either grant or deny authority for admission of the petitioning municipality. If the directors grant the authority, they shall also specify any terms and conditions, including, but not limited to, financial obligations upon which the admission is predicated. The petitioning municipality shall comply with the voting procedures specified in section 1721. The vote, if in the affirmative, must be certified by the clerk of that municipality to the board of directors and to the office department. Upon satisfactory performance of the terms and conditions of admission, the municipality by resolution of the board of directors becomes and thereafter is a member municipality of the district. The clerk of the district shall promptly certify to the agency and the Secretary of State that the municipality has become a member of the district. The certification is conclusive evidence that the municipality is a lawful member of the district. Upon admission of a municipality to a district, the provisions of section 1724 determine the number of votes to be cast by the director or directors representing that municipality.

Sec. GG-25. 38 MRSA §2101-A, sub-§2, as enacted by PL 1995, c. 465, Pt. A, §28 and affected by Pt. C, § 2, is repealed.

Sec. GG-26. 38 MRSA §2101-A, sub-§3 is enacted to read:

3. Bureau.  "Bureau" means the Bureau of General Services within the Department of Administrative and Financial Services as authorized pursuant to Title 5, section 1742.

Sec. GG-27. 38 MRSA §2122, as amended by PL 1995, c. 588, §2, is further amended to read:

§2122. State waste management and recycling plan

The office department  shall prepare an analysis of, and a plan for, the management, reduction and recycling of solid waste for the State. The plan must be based on the priorities and recycling goals established in sections 2101 and 2132. The plan must provide guidance and direction to municipalities in planning and implementing waste management and recycling programs at the state, regional and local levels.

1. Consultation.  In developing the state plan, the office shall consult with the department . The office department shall solicit public input and may hold hearings in different regions of the State.

 

2. Revisions.  The office department  shall revise the analysis by January 1, 1998 2014 and every 5 years after that time to incorporate changes in waste generation trends, changes in waste recycling and disposal technologies, development of new waste generating activities and other factors affecting solid waste management as the office department  finds appropriate.

 

Sec. GG-28. 38 MRSA §2124, as amended by PL 1995, c. 465, Pt. A, §37 and affected by Pt. C, §2, is further amended to read: 

§2124. Reports

The office department  shall submit the plan and subsequent revisions to the Governor, the department and the joint standing committee of the Legislature having jurisdiction over natural resource matters.

Sec. GG-29. 38 MRSA §2124-A, as amended by PL 2007, c. 583, §8, is further amended to read: 

§2124-A. Solid waste generation and disposal capacity report

By January 1, 2008 2013 and annually thereafter, the office department  shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters, and the Governor and the department setting forth information on statewide generation of solid waste, statewide recycling rates and available disposal capacity for solid waste.

The report submitted under this section must include an analysis of how changes in available disposal capacity have affected or are likely to affect disposal prices. When the office department determines that a decline in available landfill capacity has generated or has the potential to generate supracompetitive prices, the office department shall include this finding in its report and shall include recommendations for legislative or regulatory changes as necessary.

Beginning on January 1, 2009 2013 and every odd-numbered year thereafter, the report submitted under this section must include an analysis of how the rate of fill at each solid waste landfill has affected the expected lifespan of that solid waste landfill. The January 2009 report must also include an analysis of the solid waste disposal needs of the State as of January 1, 2009 for the next 3, 5 and 10 years.

Beginning on January 1, 2010 2014 and every even-numbered year thereafter, the report submitted under this section must include an analysis of consolidation of ownership in the disposal, collection, recycling and hauling of solid waste.

Sec. GG-30. 38 MRSA §2132, as amended by PL 2005, c. 220, §§2-4, is further amended to read: 

§2132. State goals

1. State recycling goal.  It is the goal of the State to recycle or compost, by January 1, 200914, 50% of the municipal solid waste tonnage generated each year within the State.

 

1-A. State waste reduction goal.  It is the goal of the State to reduce the biennial generation of municipal solid waste tonnage by 5% by beginning on January 1, 2009 and by an additional 5% every subsequent 2 years. This reduction in solid waste tonnage, after January 1, 2009, is a biennial goal. The baseline for calculating this reduction is the 2003 solid waste generation data gathered by the office former State Planning Office.

 

2. Goal revision.  The office department shall recommend revisions, if appropriate, to the state recycling goal and waste reduction goal established in this section. The office department  shall submit its recommendations and any implementing legislation to the joint standing committee of the Legislature having jurisdiction over natural resource matters.

 

3. Beneficial use of waste.  The use of waste paper, waste plastics, waste wood, including wood from demolition debris, used motor vehicle tires or corrugated cardboard as a fuel in industrial boilers or waste-to-energy facilities for the generation of heat, steam or electricity constitutes recycling only for the purposes of determining whether the goals in subsection 1 are met and for determining municipal progress as provided in section 2133. In order for the use of waste under this subsection to constitute recycling, the office department  must determine that there is no reasonably available market in the State for recycling that waste and the wastes must be incinerated as a substitute for, or supplement to, fossil or biomass fuels incinerated in the industrial boiler or waste-to-energy facility.

 

4. Reduction in dioxin.  It is the policy of the State to reduce the total release of dioxin and mercury to the environment with the goal of its continued minimization and, where feasible, ultimate elimination.

 

Sec. GG-31. 38 MRSA §2133, as amended by PL 2003, c. 567, §§1-2, is further amended to read: 

§2133. Municipal recycling

1. Technical and financial assistance program. 

 

1-A. Recycling progress.  Municipalities are not required to meet the state recycling goal in section 2132, but they must demonstrate reasonable progress toward that goal. The office  department shall determine reasonable progress.

 

2. Recycling feasibility studies. 

 

2-A. Technical and financial assistance program.  A program of technical and financial assistance for waste reduction and recycling is established in the office to In accordance with section 343-C, the  department  shall assist municipalities with managing solid waste. The office program may also provide planning assistance to municipalities and regional organizations for managing municipal solid waste. Planning assistance may include cost and capacity analysis and education and outreach activities. The director  department shall administer the program provide assistance pursuant to this subsection in accordance with the waste management hierarchy in section 2101. Preference in allocating resources under this section must be given to municipalities that take advantage of regional economies of scale.

 

Sec. GG-32. 38 MRSA §2134, as amended by PL 1995, c. 656, Pt. A, §39, is further amended to read: 

§2134. Marketing assistance

The office department shall provide marketing assistance, which may include the following elements:

1. Collection. 

 

2. Incentive program. 

 

3. Information clearinghouse.  An information clearinghouse on recycling markets to improve the marketing of materials to be recycled. The office  department shall maintain a current list of municipal recycling programs, together with a description of the recyclable materials available through the programs. The office  department shall also maintain listings of brokers, handlers, processors, transporters and other persons providing services and potential markets for recyclable materials. The office  department shall actively promote the services of the clearinghouse and shall seek to match programs with appropriate recycling businesses. The office  department shall make its information on recycling services available to public and private solid waste generators seeking markets or services for recyclable materials. The office  department shall make its technical reports and planning documents available to municipalities and regional associations on a timely basis; and

 

4. Brokering service.  Provision for marketing and brokering services for materials when municipal and regional association efforts to market the material and the information clearinghouse are inadequate.

 

5. Marketing development plan. 

 

6. Reuse of waste. 

Sec. GG-33. 38 MRSA §2138, sub-§3, as enacted by PL 1989, c. 585, Pt. A, §7, is repealed.

Sec. GG-34. 38 MRSA §2140, as amended by PL 1995, c. 656, Pt. A, §43, is further amended to read:

§2140. Interstate and national initiatives

The office  department may participate in interstate and national initiatives to adopt uniform state laws when practicable, and to enter compacts between the State and other states for the improved management, recycling and reduction of solid waste.

Sec. GG-35. 38 MRSA §2151-A, as enacted by PL 1995, c. 465, Pt. A, §60 and affected by Pt. C, §2, is further amended to read:

§2151-A. Indemnification

The department office shall defend and indemnify any employee of the bureau and office any former employee of the State Planning Office , including the director, and any member of the former Facility Siting Board against expenses actually and necessarily incurred by the person in connection with the defense of any action or proceeding in which the person is made party by reason of past or present association with the office bureau or State Planning Office with regard to the powers and duties set forth in this article.

Sec. GG-36. 38 MRSA §2152, as amended by PL 2001, c. 352, §16, is repealed.

Sec. GG-37. 38 MRSA §2153, sub-§1, as amended by PL 1995, c. 465, Pt. A, §62 and affected by Pt. C, §2, is further amended to read:

 

1. Siting criteria.  With regard to state-owned facilities, the office bureau shall administer rules adopted by the former Maine Waste Management Agency, Office of Siting and Disposal Operations and subsequently administered by the former State Planning Office pursuant to this subsection, for siting criteria for solid waste disposal facilities. The office bureau may revise rules as necessary based on the following factors.

 

A. A site may be located anywhere within the State and need not be in proximity to the site of waste generation.

 

A-1. Sites for the disposal of special waste may not be located within a 5-mile radius of an existing commercial special waste landfill or a commercial incineration facility.

 

B. To the extent possible, a site must be located in proximity to the transportation systems, including existing or potential railroad systems, that are used to convey waste to the site or to convey residuals and materials to be recycled from the site.

 

C. The capacity or size of a site must be consistent with the projected demand as determined in the state plan.

 

D. A site and its considered use must be consistent with, and actively support, other waste management objectives, including waste reduction and recycling.

 

E. The projected price for site development, construction and operation must be fair and reasonable.

 

F. A site must meet preliminary environmental standards developed jointly by the department and the Maine Land Use Regulation Commission, including ground water standards, geological standards and standards to protect public drinking water supplies.

 

G. Existing uses on adjacent properties, including public or private schools, may not be in significant conflict with or significantly jeopardized by the use of a site.

 

Sec. GG-38. 38 MRSA §2154, as amended by PL 1995, c. 656, Pt. A, §§44-45, is further amended to read:

§2154. Site selection

1. Initial site screening.  The Facility Siting Board bureau shall conduct a site screening and selection process to identify solid waste disposal capacity sufficient to meet the projected needs identified in the state planning process under section 2123-A, subsection 4. The Facility Siting Board bureau shall consider the need for geographic distribution of facilities to adequately serve all regions of the State. The Facility Siting Board bureau also shall consider in its site selection process the need for landfill capacity to dispose of incinerator ash resulting from the combustion of domestic and commercial solid waste generated within its jurisdiction. Prior to recommending a site, the Facility Siting Board bureau shall hold a public hearing in every municipality or plantation identified in the screening process as a potential site. For potential sites within an unincorporated township, the Facility Siting Board bureau shall hold a public hearing within the vicinity of the proposed site. Prior to submitting a recommended site to the department for review, the Facility Siting Board bureau must find that the recommended site meets the standards adopted under section 2153.

 

2. Siting; general.  Subsequent to the siting process under subsection 1, the Facility Siting Board bureau shall identify additional sites as requested by the office  department and as capacity needs are identified in the state plan. The Facility Siting Board bureau shall employ the same criteria and considerations employed under subsection 1. The Facility Siting Board bureau shall hold a public hearing in each municipality within which the office bureau may recommend the location of any solid waste disposal or refuse-derived fuel processing facility.

 

3. Municipal reimbursement.  At the conclusion of proceedings before the Facility Siting Board bureau conducted pursuant to subsection 1, the bureau office shall reimburse a municipality for eligible expenses incurred as a result of that municipality's direct, substantive participation in proceedings before the Facility Siting Board bureau. The amount reimbursed under this subsection may not exceed $50,000 for any municipality. For the purposes of this subsection, "eligible expenses" has the same meaning as "expenses eligible for reimbursement" under section 1310-S, subsection 4, and any rules adopted by the Board of Environmental Protection pursuant to that section.

 

Sec. GG-39. 38 MRSA §2155, as enacted by PL 1989, c. 585, Pt. A, §7, is amended to read:

 

§2155. Notification

The office bureau shall notify the municipal officers of any municipality within which a waste disposal facility site is recommended under this subchapter of that recommendation. The office bureau shall notify the municipal officers by certified mail within 30 days of making the recommendation. If the proposed site is located within the jurisdiction of the Maine Land Use Regulation Commission, the office bureau shall notify the Maine Land Use Regulation Commission and the county commissioners in lieu of the municipal officers.

Sec. GG-40. 38 MRSA §2156-A, as amended by PL 2007, c. 192, §6, is further amended to read:

§2156-A. Facility development

1. Planning for development.  The office bureau, in consultation with the  department, shall plan for the development of facilities sufficient to meet needs for municipal solid waste identified in the state plan and any revisions to the plan and to serve all geographic areas of the State. The office bureau, in consultation with the  department, may plan for the development of facilities sufficient to meet needs for special waste identified in the state plan and any revisions to the plan and to serve all geographic areas of the State.  

 

2. Recommendation for development.  When the office bureau finds that 6 years or less of licensed and available disposal capacity for municipal solid waste or special waste remains within the State, the office bureau shall submit a report recommending the construction and operation of a state-owned solid waste disposal facility for the disposal of the type of waste for which capacity is needed to the joint standing committee of the Legislature having jurisdiction over natural resource matters. The report must recommend which state agency or department will own the facility and how it will be operated. The report must also include a review of disposal options outside of the State; a review of existing efforts to reduce, reuse, recycle, compost and incinerate the affected municipal solid waste and special waste streams and the impact of these efforts on capacity requirements; a thorough economic analysis of the facility's expected costs; and commitments from entities to utilize the facility and projected revenues. It is the intent of the Legislature that the facility be operated by a private contractor. A state-owned solid waste disposal facility may not be constructed or operated unless authorized by legislation pursuant to subsection 3.

 

3. Authorization for development.  The joint standing committee of the Legislature having jurisdiction over natural resource matters may report out legislation authorizing construction and operation of a state-owned solid waste disposal facility in response to a report submitted pursuant to subsection 2.

 

4. Ownership, construction and operation.  The office bureau shall maintain ownership of a site acquired for construction and operation of a state-owned solid waste disposal facility until the Legislature authorizes transfer of the site to another state department or agency, except that this subsection does not prohibit any lease or transfer of the site pursuant to an agreement entered into before the effective date of this subsection or pursuant to any amendment to such an agreement entered into before or after the effective date of this subsection.

 

5. Development by others.  This section does not preclude a municipality or regional association from developing and operating solid waste disposal facilities on its own initiative.

Sec. GG-41. 38 MRSA §2159, as amended by PL 1995, c. 656, Pt. A, §46, is further amended to read:

§2159. Real and personal property; right of eminent domain

The office bureau may acquire and hold real and personal property that it considers necessary for its purposes, is granted the right of eminent domain and, for those purposes, may take and hold, either by exercising its right of eminent domain or by purchase, lease or otherwise, for public use, any land, real estate, easements or interest therein, necessary for constructing, establishing, maintaining, operating and the closure of solid waste disposal facilities.

Sec. GG-42. 38 MRSA §2160, sub-§1, as amended by PL 1995, c. 646, Pt. A, §47, is further amended to read:

1. Notice to owner.  The office bureau shall provide to the owner or owners of record notice of the following:

 

A. The determination of the office bureau that it proposes to exercise the right of eminent domain;

 

B. A description and scale map of the land or easement to be taken;

 

C. The final amount offered for the land or easement to be taken, based on the fair value as estimated by the office bureau; and

 

D. Notice of the time and place of the hearing provided in subsection 4.

 

Notice may be made by personal service in hand by an officer duly qualified to serve civil process in this State or by certified mail, return receipt requested, to the last known address of the owner or owners. If the owner or owners are not known or can not be notified by personal service or certified mail, notice may be given by publication in the manner provided in subsection 4.

Sec. GG-43. 38 MRSA §2160, sub-§4, as amended by PL 1995, c. 656, Pt. A, §47, is further amended to read:

4. Hearing.  The office bureau shall hold a public hearing on the advisability of its proposed exercise of the right of eminent domain. Notice of the hearing must be made by publication in a newspaper of general circulation in the area of the taking and published once a week for 2 successive weeks, the last publication to be at least 2 weeks before the time appointed in the hearing. The hearing notice must include:

 

A. The time and place of the hearing;

 

B. A description of the land or easement to be taken;

 

C. The name of the owners, if known.

Sec. GG-44. 38 MRSA §2161, as amended by PL 1995, c. 656, Pt. A, §48, is further amended to read:

§2161. Condemnation proceedings

At the time the office bureau sends the notice in section 2160, the office bureau shall file in the county commissioner's office in which the property to be taken is located and cause to be recorded in the registry of deeds in the county plans of the location of all lands, real estate, easements or interest therein, with an appropriate description and the names of the owners thereof, if known. When for any reason the office bureau fails to acquire property that it is authorized to take, which is described in that location, or if the location so recorded is defective and uncertain, it may, at any time, correct and perfect the location and file a new description. In that case, the office bureau is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and the office bureau is not liable for any acts that would have been justified if the original taking had been lawful. No entry may be made on any private lands, except to make surveys, until the expiration of 10 days from the filing, whereupon, possession may be had of all the lands, real estate, easements or interests therein and other property and rights as aforesaid to be taken, but title may not vest in the office bureau until payment for the property is made.

Sec. GG-45. 38 MRSA §2162, as repealed and replaced by PL 1999, c. 736, §2, is amended to read:

§2162. Office assistance Assistance in regional association siting

1. Technical assistance.  Upon request by a regional association, the office bureau may provide technical assistance to that regional association in the establishment of approved waste facilities, including assistance in planning, location, acquisition, development and operation of the site. The regional association shall describe fully the need and justification for the request. The office bureau may request information from the regional association necessary to provide assistance.

 

2. Submission of report recommending construction of state-owned facility.  When the office bureau, in consultation with a regional association, finds that disposal capacity is projected to be needed for bulky wastes, construction or demolition waste or land-clearing debris and that the regional association is not able to pursue the siting, establishment and operation of a waste facility, the office bureau  may submit a report recommending the construction and operation of a state-owned solid waste disposal facility that will fulfill the disposal need to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report must include a review of disposal options outside of the State; a review of existing efforts to reduce, reuse, recycle, compost and incinerate the affected waste streams and the impact of these efforts on capacity requirements; a thorough economic analysis of the facility's expected costs; and commitments from entities to utilize the facility and projected revenues. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation authorizing the construction and operation of a state-owned solid waste disposal facility in response to a report submitted pursuant to this subsection.

Sec. GG-46. 38 MRSA §2170, as amended by PL 1995, c. 656, Pt. A, §51, is further amended to read:

§2170. Host community benefits; application limited to facilities owned or operated by the office bureau

This subchapter applies only to solid waste disposal facilities owned or operated by the office bureau. Wherever in this subchapter the term "solid waste disposal facility" or "facility" is used, those terms may be construed only to mean a solid waste disposal facility owned or operated by the office bureau.

Sec. GG-47. 38 MRSA §2170-A, 1st ¶, as enacted by PL 2007, c. 406, §3, is amended to read:

§2170-A. Host community agreements

The provisions of this section apply to a solid waste disposal facility owned or operated by the office bureau.

Sec. GG-48.  38 MRSA §2172, as repealed and replaced by PL 2007, c. 406, § 4, is amended to read:

§2172 Dispute resolution

In the event that the office bureau and a host community cannot agree on the terms of a host community agreement pursuant to section 2170-A, the parties shall submit the dispute for resolution in accordance with this section.

Sec. GG-49.  38 MRSA §2172, sub-§2, ¶A, as enacted by PL 2007, c. 406, §4, is amended to read:

A. Both the office bureau and the host community will be bound by the decision of the arbitrator.

Sec. GG-50.  38 MRSA §2173 is amended by repealing and replacing the headnote to read:

§2173.  Municipal jurisdiction over regional association disposal facilities

Sec. GG-51.  38 MRSA §2174, sub-§2, 1st ¶, as amended by PL 1989, c. 890, Pt. B, §292, is further amended to read:

2. Information.  The host municipality of a solid waste disposal facility has a right to all information from the department and the office bureau, pursuant to Title 1, chapter 13, subchapter I. All information provided under this subsection must be made available to the citizen advisory committee and the public by the host municipality. 

Sec. GG-52.  38 MRSA §2175-A, as amended by PL 1995, c. 656, Pt. A, §55, is further amended to read:

§2175-A. Property value offset

Owners of property, the value of which has been affected by a solid waste disposal facility, are eligible for reimbursement from the office bureau for loss in property value directly attributable to the construction and operation of the facility. The office bureau shall adopt rules to establish the formula and procedure for reimbursement, including, without limitation, definition of the impact area, a process for establishing baseline real estate values, a time frame within which the property value offset program will be in effect and an accounting of real estate trends in the area.

Sec. GG-53.  38 MRSA §2175-B, as enacted by PL 1995, c. 465, Pt. A, §70 and affected Pt. C, §2, is amended to read:

§2175-B. Payment in lieu of taxes

The office bureau shall annually pay a municipality an amount in lieu of taxes equal to the amount of property taxes on a solid waste disposal facility owned or operated by the office bureau not paid to that municipality during the previous calendar year. In the case of an unorganized territory, the office bureau shall annually pay the amount to the State Tax Assessor who shall deposit that amount in the Unorganized Territory Education and Services Fund established in Title 36, chapter 115. If the office bureau disagrees with the amount determined to be due in lieu of taxes under this section, it may appeal to the State Board of Property Tax Review as provided in Title 36, section 271.

Sec. GG-54.  38 MRSA §2176, as amended by PL 2007, c. 406, §§5-7, is further amended to read:

§2176. Impact payments

In addition to payment in lieu of taxes provided in section 2175-B, the office bureau shall make impact payments to a municipality in which a solid waste disposal facility is located or, in the case of an unorganized territory, to the State Tax Assessor upon request by the community involved or by the State Tax Assessor. The office bureau shall base its impact payments on measurable criteria including, without limitation:

1. Roads.  Improvement, maintenance and repair of local roads directly affected by traffic to and from the facility;

2. Emergency response.  Development and maintenance of adequate local emergency response capacity;

3. Monitoring.  Financial support for on-site, municipally employed personnel or for other means determined necessary to enable the municipality to monitor the facility's compliance with state and local requirements; and

4. Other issues.  Other issues determined on a case-specific basis by the applicant and office bureau to be appropriate given the nature of the proposed facility.

Sec. GG-55.  38 MRSA §2177, as amended by PL 1995, c. 656, Pt. A, §57, is further amended to read:

§2177. Water supply monitoring and protection

Upon written request from persons owning land contiguous to a solid waste disposal facility, the office bureau shall have quarterly sampling and analysis conducted of private water supplies used by the requestors for drinking water. The sampling and analysis must be conducted in a manner specified by and that meets criteria developed by the department.

If a facility adversely affects a public or private water supply by pollution, degradation, diminution or other means that result in a violation of the state drinking water standards as determined by the commissioner, the office bureau shall restore the affected supply at no cost to the consumer or replace the affected supply with an alternative source of water that is of like quantity and quality to the original supply at no cost to the consumer.

1. Extent of analysis.  Water supplies must be analyzed for all parameters or chemical constituents determined by the commissioner to be indicative of typical contamination from solid waste disposal facilities. The laboratory performing the sampling and analysis shall provide written copies of sample results to the office bureau, the landowner and to the commissioner.

 

2. Additional sampling required.  If the analysis indicates possible contamination from a solid waste disposal facility, the commissioner shall conduct, or require the office bureau to conduct, additional sampling and analysis to determine more precisely the nature, extent and source of contamination. The commissioner shall, if necessary, require this sampling beyond the boundaries of the contiguous property.  

 

3. Written notice of rights.  On or before December 1, 1989, for permits issued under this chapter prior to October 1, 1989, and at or before the time of permit issuance for permits issued under this chapter after October 1, 1989, the office bureau shall provide owners of contiguous land with written notice of their rights under this section on a form prepared by the commissioner.

 

Sec. GG-56.  38 MRSA §2191, as amended by PL 1995, c. 656, Pt. A, §58, is further amended to read:

 §2191. Fees

The office bureau shall establish reasonable fees for waste disposal services provided by the office bureau.

Sec. GG-57.  38 MRSA §2192, as amended by PL 1995, c. 656, Pt. A, §§59-60, is further amended to read:

§2192. Purposes of the fees

The fees charged to users of office-owned state-owned facilities and established by the office bureau under this article, by rule, provide revenue for the following purposes:

1. Current expenses.  To pay the current expenses, either incurred directly or through contractual agreements with another party or parties, for operating and maintaining a facility or delivering a service and to provide for normal maintenance and replacement of equipment. Current expenses also include costs incurred under subchapter V;  

 

2. Interest.  To provide for the payment of interest on the indebtedness created or assumed by the office bureau;

 

3. Indebtedness.  To provide an annual sum equal to not less than 2% nor more than 10% of the term indebtedness represented by the issuance of bonds created or assumed by the office bureau, which sum must be turned into a sinking fund and there maintained to provide for the extinguishment of term indebtedness. The money set aside in this sinking fund must be devoted to the retirement of the term obligations of the office bureau and may be invested in such securities as savings banks in the State are allowed to hold;

 

4. Principal payments.  To provide for annual principal payments on serial indebtedness created or assumed by the office bureau;  

 

5. Contingency reserve fund allowance.  To provide for a contingency reserve fund allowance by providing rates to reflect up to a 5% addition to yearly revenues over that required to operate the facility;

 

6. Closing reserve fund.  To provide for a closing and monitoring reserve fund by providing rates which, over the expected life span of the facility including the post-closure monitoring period, will generate the amount determined to be necessary by the department in its licensing process under chapter 13; and  

 

7. Compliance costs.  To provide for the costs associated with licensing, compliance and enforcement efforts of the department.

 

Sec. GG-58.  38 MRSA §2193, as amended by PL 1995, c. 656, Pt. A, §61, is further amended to read:

 §2193. Host municipality fees

The office bureau may set fees under this article for the host municipality at a level lower than the fees charged to other municipalities or users, provided that the lower fees are set in a manner consistent with the rules promulgated by the office bureau. 

Sec. GG-59.  38 MRSA §2201, as amended by PL 2011, c. 429, §7, is further amended to read:

§2201. Maine Solid Waste Management Fund established

The Maine Solid Waste Management Fund, referred to in this section as the "fund," is established as a nonlapsing fund to support programs administered by the Department of Administrative and Financial Services, through its Bureau of General Services State Planning Office and the Department of Environmental Protection. The fund must be segregated into 2 subsidiary accounts. The first subsidiary account, called operations, receives all fees established and received under article 1. The 2nd subsidiary account, called administration, receives all fees established under this article and under Title 36, chapter 719 and all funds recovered by the department as reimbursement for departmental expenses incurred to abate imminent threats to public health, safety and welfare posed by the illegal disposal of solid waste.

Money in the fund not currently needed to meet the obligations of the office department or bureau must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund.

Funds related to administration may be expended only in accordance with allocations approved by the Legislature for administrative expenses directly related to the office's bureau's and the department's programs, including actions by the department necessary to abate threats to public health, safety and welfare posed by the disposal of solid waste. Funds related to operations may be expended only in accordance with allocations approved by the Legislature and solely for the development and operation of publicly owned facilities owned or approved by the office bureau and for the repayment of any obligations of the office bureau incurred under article 3. These allocations must be based on estimates of the actual costs necessary for the office bureau and the department to administer their programs, to provide financial assistance to regional associations and to provide other financial assistance necessary to accomplish the purposes of this chapter. Beginning in the fiscal year ending on June 30, 1991 and thereafter, the fund must annually transfer to the General Fund an amount necessary to reimburse the costs of the Bureau of Revenue Services incurred in the administration of Title 36, chapter 719. Allowable expenditures include "Personnel Services," "All Other" and "Capital Expenditures" associated with all office bureau activities other than those included in the operations account.

Sec. GG-60.  38 MRSA §2232, as amended by PL 1999, c. 657, §27, is further amended to read:

§2232. Reporting

An incineration facility shall submit an annual report to the office department no later than 90 days after the end of the incineration facility's fiscal year. For reasonable cause shown and upon written application by an incineration facility, the office department may grant an extension of the 90-day period. The report must be certified by an appropriate executive officer of the incineration facility as being complete and accurate. The office department may prescribe the form of the annual report and the number of copies that must be submitted. The report must include the following information:

1. Waste.  The total weight in tons of all solid waste received by the incineration facility in the last completed fiscal year and each month of that year and a breakdown of these totals according to the waste sources;

 

2. Tipping fee.  A schedule of various tipping fees imposed by the incineration facility on the incineration facility's municipal and commercial customers over the last completed fiscal year including an identification of all changes in those fees and a similar schedule of fees to be imposed on municipal and commercial customers for the next fiscal year. The tipping fees for commercial customers must be set out separately by each rate charged to each category of commercial customer;

 

3. Revenue.  The total revenue of the incineration facility from all sources for the last completed fiscal year and each month of that year. Revenue figures must identify revenues from each revenue source, including, but not limited to, tipping fees and any revenue from sales of electricity to transmission and distribution utilities;

 

4. Expenditures.  The total expenditures of the incineration facility during the last completed fiscal year including details of those expenditures as required by the office department; and

 

5. Other information.  Any other information required by the office department.

 

Sec. GG-61.  38 MRSA §2235, as amended by PL 1995, c. 656, Pt. A, §67, is further amended to read:

§2235. Use of files

The office department shall keep on file for public inspection and use all reports submitted under this subchapter.

Sec. GG-62.  38 MRSA §2236, as amended by PL 1995, c. 656, Pt. A, §68, is further amended to read:

§2236. Limitation

Nothing in this subchapter may be construed to create or expand any office authority of the department over financial, organizational or rate regulation of incineration facilities.

Sec. GG-63.  Transition provisions; waste management and recycling-related matters.  The following provisions apply to the reassignment of waste management and recycling-related duties, responsibilities and activities of the Executive Department, State Planning Office to the Departments of Environmental Protection, Administrative and Financial Services, Bureau of General Services, and Economic and Community Development, Office of Community Development.

            1.  One authorized, unclassified position and incumbent personnel in the Executive Department, State Planning Office assigned to that office's waste management and recycling program is transferred to the Department of Economic and Community Development, Office of Community Development. This employee shall retain his accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.  The Department of Economic and Community Development, Office of Community Development and the Department of Administrative and Financial Services, Bureau of General Services shall enter into a memorandum of agreement under which personnel transferred to the Office of Community Development by this section shall assist the Bureau of General Services in the performance of its functions and duties under Title 38, chapter 24.

            2.  All rights, duties, authorities, responsibilities, and related assets and liabilities, if any, assigned to the Executive Department, State Planning Office pursuant to Resolves 2003, chapter 93 and Resolves 2011, chapter 90, are assigned to and shall be exercised by the Department of Administrative and Financial Services, Bureau of General Services.

            3.  All real property acquired by the Executive Department, State Planning Office pursuant to Public Law 1995, chapter 464, Resolves 2003, chapter 93, and Resolves 2011, chapter 90, is transferred to the Department of Administrative and Financial Services, Bureau of General Services.

            4.  Notwithstanding any other provision of law, the Department of Environmental Protection shall approve transfer of all licenses, permits and other authorizations issued by the department to the Executive Department, State Planning Office for construction and operation of state-owned waste disposal facilities referenced in section 2 to the Department of Administrative and Financial Services, Bureau of General Services.  Within 60 days of the effective date of this section, the Department of Administrative and Financial Services, Bureau of General Services shall submit to the Department of Environmental Protection applications for transfer of all licenses, permits and other authorizations for the state-owned solid waste disposal facilities referenced in section 2.  Notwithstanding any other provision of law, until DEP has approved the transfers required by this section, the Department of Administrative and Financial Services, Bureau of General Services shall be deemed to be the licensee or permittee of all licenses, permits and other authorizations for the state-owned solid waste disposal facilities referenced in section 2.

SUMMARY

PART GG

 

Part GG transfers the State Planning Office's duties and responsibilities regarding solid waste management and recycling policy to the Department of Environmental Protection; and transfers ownership of state-owned land fills and related management duties and responsibilities to the Bureau of General Services in the Department of Administrative and Financial Services.


 

PART HH

 

Sec. HH-1. 37-B MRSA §704, as amended by PL 2007, c. 167, §11, is further amended by adding at the end the following:

 

The director shall oversee the agency's activities as state coordinating agency for the National Flood Insurance Program pursuant to Title 44, Code of Federal Regulations, Part 60.

Sec. HH-2. 37-B MRSA §709 is enacted to read:

§709.  Floodplain management.

The agency shall serve as the state coordinating agency for the National Flood Insurance Program pursuant to Title 44, Code of Federal Regulations, Part 60, and in that capacity shall oversee delivery of technical assistance and resources to municipalities for the purpose of floodplain management activities, and shall administer the State Floodplain Mapping Fund established under section 746.

Sec. HH-3. 37-B MRSA §746 is enacted to read:

§746.  State Floodplain Mapping Fund

1. Fund established.  The State Floodplain Mapping Fund, referred to in this section as "the fund," is established as a dedicated non-lapsing fund administered by the agency for the purpose of providing funds for the mapping of floodplains using light detection and ranging technology in the State. 

2. Sources of money.  The fund consists of any money received from the following sources:

            A. Contributions from private sources;

            B. Federal funds and awards;

            C. The proceeds of any bonds issued for the purposes for which the fund is                        established; and

            D. Any other funds received in support of the purposes for which the fund is         established. 

3. Disbursements from the fund.  The agency shall apply the money in the fund toward the support of floodplain mapping in the state, including, but not limited to, the acquisition of light detection and ranging elevation data and the processing and production of floodplain maps.

Sec. HH-4. 37-B MRSA §1112, as amended by PL 2009, c. 561, §35, is further amended to read:

 

§1112. Administration

The department shall administer this chapter. In carrying out the provisions of this chapter, the department shall consult as appropriate with other state agencies, including the Department of Conservation, the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the Department of Public Safety, the Department of Transportation, and the Maine Land Use Regulation Commission and the State Planning Office, for their aid and assistance.

Sec. HH-5.  37-B MRSA §1119, sub-§3, as amended by PL 2009, c. 561, §36, is further amended to read: 

3. Review conference.  After receiving the inspector's report and prior to issuing any dam safety order, the commissioner shall hold a review conference and shall invite the emergency management director of the county in which the dam is located to the review conference as well as representatives from appropriate state agencies which may include the Department of Conservation, the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the Department of Public Safety, the Department of Transportation, and the Maine Land Use Regulation Commission and the State Planning Office, to discuss the public safety, environmental, economic and other concerns relating to the dam and the necessary remedial measures under consideration. A state dam inspector shall attend the review conference. The commissioner shall maintain a written record of the conference and shall make a copy of this record available to all parties participating in the conference.

Sec. HH-6.  37-B MRSA §1131, sub-§2, ¶G, as enacted by PL 2001, c. 622, §99, is repealed.

Sec. HH-7.  Transition provisions; floodplain management-related matters.  The following provisions apply to the reassignment of floodplain management-related duties, responsibilities and activities of the Executive Department, State Planning Office to the Department of Defense, Veterans, and Emergency Management, Maine Emergency Management Agency.

            1.  The Governor shall, pursuant to the Maine Revised Statutes, Title 37-B, section 709 and Title 44, Code of Federal Regulations, Part 60, designate the Maine Emergency Management Agency the state coordinating agency for purposes of the National Flood Insurance Program. 

            2.  Three authorized positions and incumbent personnel in the Executive Department, State Planning Office assigned to that office's floodplain management program are transferred to the Department of Defense, Veterans, and Emergency Management, Maine Emergency Management Agency.  Those employees shall retain their rights as unclassified employees as well as accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

            3.  Notwithstanding the provisions of the Maine Revised Statutes, Title 5 and except as otherwise provided in subsection 4, the State Controller, upon request of the State Budget Officer and with the approval of the Governor, shall transfer  to the proper account in the Department of Defense, Veterans, and Emergency Management, Maine Emergency Management Agency all accrued expenditures, assets, liabilities, including but not limited to any contractual obligations, balances or appropriations, allocations, transfers, revenues or other available funds in any account or subdivision of an account of the State Planning Office established for administration of floodplain management-related grant funds from the Federal Emergency Management Agency.  Nothing in this section changes or is intended to change or otherwise affect the purposes or uses for which any funds transferred pursuant to this section may be expended.  

            4.  On the effective date of this section, the State Controller shall transfer any unexpended and unencumbered balance in the Floodplain Mapping Fund established by the former Maine Revised Statutes, Title 5, section 3307-G, to the State Floodplain Mapping Fund established by the Maine Revised Statutes, Title 37-B, section 746.

SUMMARY

PART HH

Part HH transfers the State Planning Office's duties and responsibilities as state coordinating agency for the National Flood Insurance Program to the Maine Emergency Management Agency in the Department of Defense, Veterans, and Emergency Management.


 

PART II

Sec. II-1.  5 MRSA §6204, sub-§1, as amended by PL 1993, c. 728, §6, is further amended to read:

1. Composition.  The board consists of 11 members, 6 7 who are private citizens and 5 4 who are permanent members. The permanent members are the Commissioner of Conservation; the Commissioner of Inland Fisheries and Wildlife; the Commissioner of Marine Resources; and the Commissioner of Agriculture, Food and Rural Resources. ; and the Director of the State Planning Office.

Sec. II-2.  5 MRSA §6204, sub-§6, as amended by PL 1993, c. 728, §6, is further amended to read: 

6. Assistance.  The Department of Conservation; the Department of Inland Fisheries and Wildlife; the Department of Transportation; the Department of Agriculture, Food and Rural Resources; the State Planning Office; and all other state agencies shall provide staff support and assistance considered necessary by the board to fulfill the objectives of this chapter. If agency assistance is not available, consultants may be hired from the proceeds of either the Land for Maine's Future Fund or the Public Access to Maine Waters Fund to assist the board in carrying out its responsibilities.

Sec. II-3. 12 MRSA §544, sub-§3, ¶G is enacted to read:

G. The Natural Areas Program shall provide staff assistance to support the Land for Maine's Future Board established under Title 5, chapter 353.

Sec. II-4. 12 MRSA §6072, sub-§7-A, ¶F, as amended by PL 2003, c. 660, Pt. A, §6, is further amended to read:

F. The lease does not unreasonably interfere with public use or enjoyment within 1,000 feet of a beach, park or docking facility owned by the Federal Government, the State Government or a municipal governmental agency or certain conserved lands. For purposes of this paragraph, "conserved lands" means land in which fee ownership has been acquired by the municipal government, State Government or Federal Government in order to protect the important ecological, recreational, scenic, cultural or historic attributes of that property. 

The Executive Department, State Planning Office Department of Conservation shall maintain a list of conserved lands. The commissioner shall request this information from the State Planning Office Department of Conservation prior to holding a preapplication proceeding.

Sec. II-5.  12 MRSA §6673, sub-§2-A, as amended by PL 2009, c. 229, §16, is further amended to read:

2-A. Decision.  In evaluating a proposed municipal shellfish aquaculture permit, a municipal officer shall take into consideration the number and density of permits and leases in the area and may issue the permit if the municipal officer finds the proposed project meets the following criteria.

A. The permit conforms to the municipality's shellfish conservation program.

B. The permit will not cause the total area under all municipal shellfish aquaculture permits in the municipality to exceed 1/4 of the entire municipal intertidal zone that is open to the taking of shellfish.

C. Issuing the permit is in the best interests of the municipality. 

D. The permit will not unreasonably interfere with ingress and egress of riparian owners.

E. The permit will not unreasonably interfere with navigation. 

F. The permit will not unreasonably interfere with fishing or other uses of the area. For purposes of this paragraph, "fishing" includes public access to a redeemable shellfish resource, as defined by the department, for the purpose of harvesting, provided that the resource is commercially significant and is subject to a pollution abatement plan that predates the permit application, that includes verifiable activities in the process of implementation and that is reasonably expected to result in the opening of the area to the taking of shellfish within 3 years.

G. The permit will not unreasonably interfere with significant wildlife habitat and marine habitat or with the ability of the site affected by the permit and surrounding marine and upland areas to support existing ecologically significant flora and fauna.

H. The applicant has demonstrated that there is an available source of organisms to be cultured for the site affected by the permit.

I. The permit does not unreasonably interfere with public use or enjoyment within 1,000 feet of a beach, park or docking facility owned by the Federal Government, the State Government or a municipal government or conserved lands. For purposes of this paragraph, "conserved lands" means land in which fee ownership has been acquired by the municipal government, State Government or Federal Government in order to protect the important ecological, recreational, scenic, cultural or historic attributes of that property.

A municipality shall review the Executive Department, State Planning Office's Department of Conservation's list of conserved lands compiled pursuant to section 6072, subsection 7-A, paragraph F prior to issuing a municipal shellfish aquaculture permit.

A municipality shall put its findings on each of the criteria listed in this subsection in writing and make those findings available to the public.

Sec. II-6.  33 MRSA §132, sub-§4, as enacted by PL 2005, c. 574, §1, is amended to read:

4. Filing.  A working waterfront covenant must be recorded in the County Registry of Deeds, and a copy of the covenant must be filed with the Executive Department, State Planning Office Department of Conservation together with a map showing with specificity the location of the affected real estate on the form or forms that the State Planning Office department requires.

            Sec. II-7.  33 MRSA §479-C, as enacted by PL 2007, c. 412, §10, is amended to read: 

§479-C. Conservation easement registry

A holder of a conservation easement that is organized or doing business in the State shall annually report to the Executive Department, State Planning Office Department of Conservation the book and page number at the registry of deeds for each conservation easement that it holds, the municipality and approximate number of acres protected under each easement and such other information as the State Planning Office Department of Conservation determines necessary to fulfill the purposes of this subchapter. The filing must be made by a date and on forms established by the State Planning Office Department of Conservation to avoid duplicative filings when possible and otherwise reduce administrative burdens. The annual filing must be accompanied by a $30 fee. The State Planning Office Department of Conservation shall maintain a permanent record of the registration and report to the Attorney General any failure of a holder disclosed by the filing or otherwise known to the State Planning Office Department of Conservation. The fees established under this section must be held by the State Planning Office Department of Conservation in a nonlapsing, special account to defray the costs of maintaining the registry and carrying out its duties under this section.

Sec.  II-8. 36 MRSA §305, sub-§6, as enacted by PL 2001, c. 564, §4, is amended to read:

 

6. Report on changes in land ownership.  On or before September 1st of each year, report to the Commissioner of Conservation, the Commissioner of Inland Fisheries and Wildlife, the Director of the State Planning Office within the Executive Department and the joint standing committee of the Legislature having jurisdiction over public lands on the transfer in ownership of parcels of land 10,000 acres or greater within the unorganized territory of the State. Using information maintained by the State Tax Assessor under section 1602 and section 4641-D, the bureau shall provide information for each transfer that includes:

 

A. Name of the seller;

 

B. Name of the buyer;

 

C. Number of acres transferred;

 

D. Classification of land;

 

E. Location by township and county;

 

F. Sale price; and

 

G. A brief description of the property.

Sec. II-9.  36 MRSA §1140-B, sub-§1, as enacted by PL 2007, c. 466, Pt. A, §58, is amended to read: 

§1140-B. Analysis and report

1. Analysis.  The State Tax Assessor, in consultation with municipal assessors, the director of the Land for Maine's Future Program within the Executive Department, State Planning Office Commissioner of the Department of Conservation or the commissioner's designee, representatives of working waterfront organizations and other interested parties, shall collect and analyze the sales prices of all actual sales that occur in the State of waterfront land that is subject to restrictions on that land's use that are legally enforceable and prohibit or substantially restrict development that is not commercial fishing activity or commercial activity that is the functional equivalent of commercial fishing activity.

Sec.  II-10. Transition provisions; Land for Maine's Future Board-related matters.  The following provisions apply to the reassignment of duties, responsibilities and activities of the Executive Department, State Planning Office related to the Land for Maine's Future Board established in the Maine Revised Statutes, Title 5, chapter 353, to the Department of Conservation, Natural Areas Program established by the Maine Revised Statutes, Title 12, section 544.

            1.  Three authorized positions and incumbent personnel in the Executive Department, State Planning Office assigned to provide staff assistance to the Land for Maine's Future Board are transferred to the Department of Conservation, Natural Areas Program established by the Maine Revised Statutes, Title 5, section 544. Those employees shall retain their rights as unclassified employees as well as their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

            2.  Notwithstanding the provisions of the Maine Revised Statutes, Title 5, the State Controller, upon request of the State Budget Officer and with the approval of the Governor, shall transfer from the State Planning Office to the proper account in the Department of Conservation all accrued expenditures, assets, liabilities, including but not limited to any contractual obligations, balances or appropriations, allocations, transfers, revenues or other available funds in any account or subdivision of any account of the Land for Maine's Future Fund, established by the Maine Revised Statutes, Title 5, section 6203.  Nothing in this section changes or is intended to change or otherwise affect the purposes or uses for which any funds transferred pursuant to this section may be expended.

SUMMARY

PART II

Part II transfers the State Planning Office's duties and responsibilities regarding provision of staff support for the Land for Maine's Future Program to the Department of Conservation's Natural Areas Program.


 

PART JJ

Sec. JJ-1.  5 MRSA §298, sub-§1, as enacted by PL 1977, c. 513, §1, is repealed and replaced as follows:

1. Commissioner of Conservation.  The Commissioner of the Department of Conservation, or the commissioner's designee;

Sec. JJ-2.  5 MRSA §13056-E, sub-§4, as enacted by PL 2009, c. 414, Pt. G, §2 and affected by §5, is amended to read:

4. Coordination.  The department shall coordinate the grants made under this section with community assistance loans and grants administered by the department and with other state assistance programs designed to accomplish similar objectives, including those administered by the Department of Education, the Department of Transportation, the Executive Department, State Planning Office, the Finance Authority of Maine, the Maine State Housing Authority, the Maine Historic Preservation Commission, the Department of Administrative and Financial Services, the Department of Conservation and the Department of Environmental Protection.

 

Sec. JJ-3.  5 MRSA §13058, sub-§19, as enacted by PL 2003, c. 498, §1, is amended to read:

 

19. Coordinate assessment of transportation needs related to economic development projects.  The commissioner shall coordinate the activities of the department, the State Planning Office within the Executive Department, the Department of Conservation, the Department of Transportation and regional planning and economic development organizations to ensure that the location of rail lines, potential use of passenger and freight rail and costs of transportation improvements related to development are considered during initial planning and locating of projects reviewed by the commissioner in administering economic development programs under this chapter.

Sec. JJ-4.  5 MRSA §13073-B is enacted to read:

§3307-F. Maine Downtown Center

1. Establishment.  The Maine Downtown Center, referred to in this section as the "center," is established to encourage downtown revitalization in the State.

 

2. Purpose.  The center serves the following functions:

 

A. To advocate for downtown revitalization;

B. To promote awareness about the importance of vital downtowns;

C. To serve as a clearinghouse for information relating to downtown development; and

D. To provide training and technical assistance to communities that demonstrate a willingness and ability to revitalize their downtowns.

 

3. Collaboration.  The Department of Conservation shall work collaboratively with the Commissioner of Economic and Community Development, Maine Development Foundation and other state agencies to coordinate the programs of the center.

 

4. Funding.  The center shall develop a plan for the ongoing funding of the center.

 

5. Definition.  For the purposes of this section, "downtown" has the same meaning as in Title 30-A, section 4301, subsection 5-A.

 

Sec. JJ-5.  12 MRSA §212, sub-§3, as amended by PL 1995, c. 532, §17, is further amended to read:

 

3. Interdepartmental cooperation.  The Department of Agriculture, Food and Rural Resources shall consult with other state resource agencies and the State Planning Office in setting priorities of soils mapping and the publication of interim soils reports.

 

Sec. JJ-6.  12 MRSA §685-C, sub-§1, ¶B, as amended by PL 2009, c. 375, §1, is repealed.

 

Sec. JJ-7.  12 MRSA §1847, sub-§2, as amended by PL 1999, c. 556, §19, is further amended to read:

 

2. Management plans.  The director shall prepare, revise from time to time and maintain a comprehensive management plan for the management of the public reserved lands in accordance with the guidelines in this subchapter. The plan must provide for a flexible and practical approach to the coordinated management of the public reserved lands. In preparing, revising and maintaining such a management plan the director, to the extent practicable, shall compile and maintain an adequate inventory of the public reserved lands, including not only the timber on those lands but also the other multiple use values for which the public reserved lands are managed. In addition, the director shall consider all criteria listed in section 1858 for the location of public reserved lands in developing the management plan. The director is entitled to the full cooperation of the Bureau of Geology and, Natural Areas and Coastal Resources Management, the Department of Inland Fisheries and Wildlife, and the Maine Land Use Regulation Commission and the State Planning Office in compiling and maintaining the inventory of the public reserved lands. The director shall consult with those agencies as well as other appropriate state agencies in the preparation and maintenance of the comprehensive management plan for the public reserved lands. The plan must provide for the demonstration of appropriate management practices that will enhance the timber, wildlife, recreation, economic and other values of the lands. All management of the public reserved lands, to the extent practicable, must be in accordance with this management plan when prepared.

 

Within the context of the comprehensive management plan, the commissioner, after adequate opportunity for public review and comment, shall adopt a specific action plan for each unit of the public reserved lands system. Each action plan must include consideration of the related systems of silviculture and regeneration of forest resources and must provide for outdoor recreation including remote, undeveloped areas, timber, watershed protection, wildlife and fish. The commissioner shall provide adequate opportunity for public review and comment on any substantial revision of an action plan. Management of the public reserved lands before the action plans are completed must be in accordance with all other provisions of this section.

 

Sec. JJ-8.  23 MRSA §73, sub-§4, as amended by PL 2003, c. 22, §1, is amended to read:

 

4. Rulemaking.  The Department of Transportation shall adopt a rule within one year of the effective date of this Act, in coordination with the Maine Turnpike Authority and state agencies including the Department of Economic and Community Development, the State Planning Office the Department of Conservation and the Department of Environmental Protection, to implement the statewide comprehensive transportation policy. The rule must incorporate a public participation process that provides municipalities and other political subdivisions of the State and members of the public notice and opportunity to comment on transportation planning decisions, capital investment decisions, project decisions and compliance with the statewide transportation policy.

 

The Department of Transportation shall adopt a rule, in coordination with the State Planning Office  Department of Conservation, that establishes linkage between the planning processes outlined in this section and those promoted by Title 30-A, chapter 187, subchapter 2 and that promotes investment incentives for communities that adopt and implement land use plans that minimize over-reliance on the state highway network. This rule is a major substantive rule as defined in Title 5, chapter 375, subchapter 2-A.

 

Sec. JJ-9.  23 MRSA §7105, sub-§3, ¶A, as amended by PL 1989, c. 626, is further amended to read:

 

A. Before dismantling any track that results in a cessation of rail service upon all or part of a railroad line, or offering any railroad property for sale, or upon the abandonment of service along all or a portion of a railroad line, the department shall be given the first option to lease or purchase, on just and reasonable terms, the railroad line, any part of the railroad line or other property. In the event that a lease is negotiated for the rights-of-way, the department shall consult with municipal officials and officers in the municipalities affected by the abandonment of service along the line to determine the need for preserving the rights-of-way along the abandoned portion of the line for rail transportation. If the department finds that the welfare of the State would be significantly and adversely affected by the loss of the line for railroad transportation purposes, the department shall seek to negotiate the purchase of the abandoned portion of the line. In making this determination, the department shall consider, among other criteria deemed significant by the department, future economic development activities and opportunities in the area served by the abandoned railroad service. In addition, the department shall consult with the Department of Economic and Community Development, and the Department of Conservation and the State Planning Office in making the determination required in this section.

 

Sec. JJ-10.  30-A MRSA §2303, as amended by PL 1989, c. 104, Pt. C, §§ 8-10, is further amended to read:

§2303. Lead agency

1. State Planning Office Department of Conservation.  The State Planning Office Department of Conservation shall serve as the coordinator between regional councils and the State The State Planning Office, shall administer state funds supporting regional council tasks and may provide technical assistance to regional councils as appropriate.

 

2. Rulemaking.  The Director of the State Planning Office Department of Conservation may adopt rules to create standardized contracts and administrative and audit requirements for state funds received by regional councils.

 

Sec. JJ-11.  30-A MRSA §4301, sub-§13, as amended by PL 1995, c. 395, Pt. D, §12, is further amended to read:

 

13. Office.  "Office" means the State Planning Office Department of Conservation.

 

Sec. JJ-12.  30-A MRSA §4331, first ¶, as amended by PL 2001, c. 578, §17, is further amended to read:

§4331. Evaluation process

The office shall conduct an ongoing evaluation process to determine the effectiveness of state, regional and local efforts under this chapter to achieve the purposes and goals of this chapter. Working through the Land and Water Resources Council, the The office shall seek the assistance of other state agencies. If requested, all state agencies shall render assistance to the office in this effort.

 

Sec. JJ-13.  30-A MRSA §4331, sub-§5, as amended by PL 2001, c. 578, §17, is further amended to read:

 

5. Periodic reports.  Beginning on January 1, 1995 2015, the office shall report in writing on the results of its evaluation process every 4 years and more frequently if necessary. The office shall submit its report to the joint standing committee of the Legislature having jurisdiction over natural resources matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs.

 

Sec. JJ-14.  30-A MRSA §4346, sub-§5, as revised by PL 2003, c. 689, Pt. B, §6, is amended to read:

 

5. Coordination.  State agencies with regulatory or other authority affecting the goals established in this subchapter shall conduct their respective activities in a manner consistent with the goals established under this subchapter, including, but not limited to, coordinating with municipalities, regional councils and other state agencies in meeting the state goals; providing available information to regions and municipalities as described in section 4326, subsection 1; cooperating with efforts to integrate and provide access to geographic information system data; making state investments and awarding grant money as described in section 4349-A; and conducting reviews of growth management programs as provided in section 4347-A, subsection 3, paragraph A. Without limiting the application of this section to other state agencies, the following agencies shall comply with this subchapter. The office Land and Water Resources Council shall periodically, but in no event less than biannually, review the effectiveness of agency coordination efforts, including, but not limited to, those in section 4349-A:

 

A. Department of Conservation;

 

B. Department of Economic and Community Development;

 

C. Department of Environmental Protection;

 

D. Department of Agriculture, Food and Rural Resources;

 

E. Department of Inland Fisheries and Wildlife;

 

F. Department of Marine Resources;

 

G. Department of Transportation;

 

G-1. Department of Health and Human Services;

 

G-2. Executive Department, State Planning Office;

 

H. Finance Authority of Maine; and

 

I. Maine State Housing Authority.

 

Sec. JJ-15.  30-A MRSA §4347-A, sub-§2, ¶B, as amended by PL 2001, c. 578, §20, is further amended to read:

 

B. Certification by the former State Planning Office or office of a municipality's or multimunicipal region's growth management program under this article is valid for 10 years. To maintain certification, a municipality or multimunicipal region shall periodically review its growth management program and submit to the office in a timely manner any revisions necessary to account for changes, including changes caused by growth and development. Certification does not lapse in any year in which the Legislature does not appropriate funds to the office for the purposes of reviewing programs for recertification.

 

Sec. JJ-16.  30-A MRSA §4347-A, sub-§3, ¶C, sub-¶3, as amended by PL 2007, c. 247, §4, is further amended to read:

 

(3) Notwithstanding paragraph D, if a municipality or multimunicipal region requests a certificate of consistency for its growth management program, any unmodified component of that program that has previously been reviewed by the former State Planning Office or the office and has received a finding of consistency will retain that finding during program certification review by the office as long as the finding of consistency is current as defined in rules adopted by the office;

 

Sec. JJ-17.  30-A MRSA §4347-A, sub-§3-A, ¶F, as enacted by PL 2007, c. 247, §5, is amended to read:

 

F. Provide ample opportunity for the municipality or multimunicipal region submitting a comprehensive plan to respond to and correct any identified deficiencies in the plan. A finding of inconsistency for a comprehensive plan may be addressed within 24 months of the date of the finding without addressing any new review standards that are created during that time interval. After 24 months, the plan must be resubmitted in its entirety for state review under the office's most current review standards.

 

If the office finds that a plan is not consistent with the procedures, goals and guidelines established in this subchapter, the municipality or multimunicipal district that submitted the plan may appeal that finding to the office within 20 business days of receipt of the finding in accordance with rules adopted by the office, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

 

The office decision on consistency of a comprehensive plan constitutes final agency action.

 

A finding by the office pursuant to paragraph D that a comprehensive plan is consistent with the procedures, goals and guidelines established in this subchapter is valid for 12 years from the date of its issuance. A finding by the office former State Planning Office issued pursuant to this subchapter prior to December 31, 2000 that a comprehensive plan is consistent with the procedures, goals and guidelines established in this subchapter is valid until December 31, 2012.  For purposes of section 4314, subsection 3 and section 4352, subsection 2, expiration of a finding of consistency pursuant to this subsection does not itself make a comprehensive plan inconsistent with the procedures, goals and guidelines established in this subchapter.

 

Sec. JJ-18.  30-A MRSA §4349-A, sub-§3-A, ¶A, as enacted by PL 2003, c. 604, §2 and affected by §3, is amended to read:

 

3-A. Preference for other state grants and investments.  Preference for other state grants and investments is governed by this subsection.

 

A. When awarding a grant or making a discretionary investment under any of the programs under paragraph B, subparagraphs (1) and (2) or when undertaking its own capital investment programs other than for projects identified in section 4301, subsection 5-B, a state agency shall respect the primary purpose of its grant or investment program and, to the extent feasible, give preference:

 

(1) First, to a municipality that has received a certificate of consistency for its growth management program under section 4347-A;

 

(2) Second, to a municipality that has adopted a comprehensive plan that the former State Planning Office or the office has determined is consistent with the procedures, goals and guidelines of this subchapter and has adopted zoning ordinances that the former State Planning Office or the office has determined are consistent with the comprehensive plan; and

 

(3) Third, to a municipality that has adopted a comprehensive plan that the former State Planning Office or the office has determined is consistent with the procedures, goals and guidelines of this subchapter.

 

If a municipality has submitted a comprehensive plan, zoning ordinance or growth management program to the former State Planning Office or the office for review, the time for the office to respond response as established in section 4347-A has expired and the office has not provided its comments or findings have not been provided to the municipality, a state agency when awarding a grant or making a discretionary investment under this subsection may not give preference over the municipality to another municipality.

 

Sec. JJ-19.  30-A MRSA §5226, sub-§2, as enacted by PL 2001, c. 669, §1, is amended to read:

 

2. Review by commissioner.  Before final designation of a tax increment financing district, the commissioner shall review the proposal to ensure that the proposal complies with statutory requirements. In the case of a downtown tax increment financing district, the State Planning Office Department of Conservation and the Department of Transportation shall review the proposal and provide advice to assist the commissioner in making a decision under this subsection.

 

Sec. JJ-20.  30-A MRSA §5953-D, sub-§3, ¶D, sub-¶2, as amended by PL 2003, c. 288, §2, is further amended to read:

 

(2) A municipality is eligible to receive a loan if that municipality:

 

(a) Has adopted a comprehensive plan that is determined by the the Executive Department, State Planning Office former State Planning Office or the Department of Conservation to be consistent with section 4326, subsections 1 to 4.

 

Sec. JJ-21.  30-A MRSA §5953-D, sub-§5, as amended by PL 1999, c. 776, §13, is further amended to read:

 

5. Coordination.  The bank shall coordinate the loans and grants made under this section with all other community assistance loans and grants administered by the Department of Economic and Community Development and with other state assistance programs designed to accomplish similar objectives, including those administered by the Department of Education, the Department of Transportation, the State Planning Office within the Executive Department, the Finance Authority of Maine, the Maine State Housing Authority, the Maine Historic Preservation Commission, the Department of Administrative and Financial Services, the Department of Conservation and the Department of Environmental Protection.

 

Sec. JJ-22.  38 MRSA §420-D, sub-§6, as enacted by PL 1995, c. 704, Pt. B, §2 and affected by PL 1997, c. 603, §§8- 9, is amended to read:

 

6. Urbanizing areas.  The department shall work with the State Planning Office Department of Conservation to identify urban bodies of water most at risk and incorporate model ordinances protective of these bodies of water into assistance provided to local governments.

 

Sec. JJ-23.  38 MRSA §420-D, sub-§11, ¶A, sub-¶4, as amended by PL 2011, c. 206, §10, is further amended to read:

 

(4) Except in an urbanized part of a designated growth area, best management practices must be incorporated on site that, by design, will reduce phosphorus export by at least 50%, and a phosphorus compensation project must be carried out or a compensation fee must be paid to address the remaining phosphorus reduction required to meet the parcel's phosphorus allocation. In an urbanized part of a designated growth area, an applicant may pay a phosphorus compensation fee in lieu of part or all of the on-site phosphorus reduction requirement. The commissioner shall identify urbanized parts of designated growth areas in the direct watersheds of lakes most at risk, in consultation with the State Planning Office  Department of Conservation.

 

Sec. JJ-24.  38 MRSA §480-F, sub-§1, ¶B, as repealed and replaced by PL 1997, c. 364, §19, is amended to read:

 

B. Adopted a comprehensive plan and related land use ordinances determined by the former State Planning Office or the Department of Conservation to be consistent with the criteria set forth in Title 30-A, chapter 187, subchapter II and determined by the commissioner to be at least as stringent as criteria set forth in section 480-D;

 

Sec. JJ-25.  38 MRSA §480-Z, sub-§3, 1st ¶, as amended by PL 2007, c. 527, § 1, is furher amended to read:

 

3. Compensation fee program.  The department may develop a wetlands compensation fee program for the areas listed in subsection 7, paragraphs A and B in consultation with the State Planning Office, Department of Conservation, the United States Army Corps of Engineers and state and federal resource agencies, including the United States Fish and Wildlife Service and the United States Environmental Protection Agency. The department may develop a compensation fee program for the areas listed in subsection 7, paragraphs C, D and E in consultation with the Department of Inland Fisheries and Wildlife.

 

Sec. JJ-26.  38 MRSA §488, sub-§14, ¶A, as amended by PL 2001, c. 406, §17, is further amended to read:

 

A. A development is exempt from review under flood plain, noise and infrastructure standards under section 484 if that development is located entirely within:

 

(1) A municipality that has adopted a local growth management program that the State Planning Office has been certified under Title 30-A, section 4347-A; and

 

(2) An area designated in that municipality's local growth management program as a growth area.

 

An applicant claiming an exemption under this paragraph shall include with the application a statement from the State Planning Office Department of Conservation affirming that the location of the proposed development meets the provisions of subparagraphs (1) and (2).

 

An applicant claiming an exemption under this paragraph shall publish a notice of that application in a newspaper of general circulation in the region that includes the municipality in which the development is proposed to occur. That notice must include a statement indicating the standard or standards for which the applicant is claiming an exemption.

 

Sec. JJ-27.  38 MRSA §489-D, sub-§2, ¶B, as enacted by PL 1995, c. 704, Pt. A, § 22 and affected by Pt. C, § 2, is amended to read:

 

B. A municipality may also obtain technical assistance in the form of a peer review from a private consultant or regional council and may recover costs from the developer for a project of any size. The State Planning Office Department of Conservation has the authority to establish rules as necessary for this purpose.

 

Sec. JJ-28.  38 MRSA §909, as enacted by PL 1997, c. 789, §4 and affected by §5, is amended to read:

§909. Technical assistance

To the extent existing resources are available, when one or more municipalities seeks ownership of a dam, the State Planning Office Department of Conservation may provide grants and technical assistance to the participating municipality or municipalities or to regional planning organizations.

Sec. JJ-29.  38 MRSA §956, as repealed and replaced by PL 1979, c. 663, §233, is amended to read:

§956. The comprehensive plan

1. Guide for boundaries.  The comprehensive plan submitted to the 106th Legislature by the Saco River Environmental Advisory Committee shall be used as a guide by the planning boards of the municipalities within the corridor in making recommendations for district boundaries and by the commission in establishing final boundaries. The comprehensive plan shall not be regarded as a final and complete design for the future of the land and water areas within the corridor, but as the basis of a continuing planning process to be carried out by the commission in conjunction with local officials, regional planning districts, councils of government and the State Planning Office Department of Conservation. 

 

2. Prerequisites to amendment or revision.  The commission shall not amend or revise the comprehensive plan, unless:

 

A. The proposed amendment or revision has been submitted to the Southern Maine Regional Planning Commission, the Greater Portland Council of Governments and other appropriate agencies, which shall forward their comments and recommendations, if any, to the commission within 30 days;

 

B. The proposed amendment or revision has been submitted to the State Planning Office, pursuant to Title 5, section 3305, subsection 1, paragraph G Department of Conservation, which shall forward its comments and recommendations, if any, to the commission within 30 days; and

 

C. The commission has considered all the comments.

 

3. Basis for amendment or revision.  The commission shall have the authority, after notice and public hearing, to revise, expand or amend the comprehensive plan on the basis of new information, improved professional techniques or changing conditions in the corridor.

 

Sec. JJ-30.  38 MRSA §961, as amended by PL 1989, c. 890, Pt. B, §204, is further amended to read:

§961. Relation to municipal, state and federal regulations

Nothing in this chapter prevents municipal, state or federal authorities from adopting and administering more stringent requirements regarding performance standards or permitted uses within use districts established by the commission or within districts overlapping the districts established pursuant to this chapter. Where there is a conflict between a provision adopted under this chapter and any other municipal, state or federal requirement applicable to the same land or water areas within the corridor, the more restrictive provision takes precedence. All performance standards, rules and regulations proposed for hearing by the commission must be submitted to the Commissioner of Environmental Protection, the State Planning Office Department of Conservation, the Greater Portland Council of Governments and the Southern Maine Regional Planning Commission at least 7 days prior to the hearing for review and comment. The commission shall not promulgate any rule establishing air or water quality standards within the corridor in conflict with the rules of the Department of Environmental Protection without the prior approval of the Board of Environmental Protection.

Sec. JJ-31.  38 MRSA §1163, sub-§2, first ¶, as enacted by PL 1995, c. 636, §1, is amended to read:

 

2. Appeal.  For an intermunicipal sewer extension, when written assurance is denied by municipal officers pursuant to subsection 1, an aggrieved party may appeal, within 15 days of the decision, to the State Planning Office Department of Conservation, referred to in this subsection as the "office," for a review of the municipal officers' decision. Notwithstanding Title 5, chapter 375, subchapter IV, the following procedures apply to the review by the office.

 

Sec. JJ-32.  38 MRSA §1252, sub-§7, ¶B, first ¶, as repealed and replaced by PL 1995, c. 636, §2, is amended to read:

 

B. For an intermunicipal sewer extension, when written assurance is denied by municipal officers pursuant to paragraph A, an aggrieved party may appeal, within 15 days of the decision, to the State Planning Office Department of Conservation, referred to in this paragraph as the "office," for a review of the municipal officers' decision. Notwithstanding Title 5, chapter 375, subchapter IV, the following procedures apply to the review by the office.

Sec. JJ-33.  Transition provisions; land use planning-related matters.  The following provisions apply to the reassignment of duties, responsibilities and activities of the Executive Department, State Planning Office regarding land use planning and related technical assistance to municipalities, including but not limited to those under Title 30-A, chapter 187, to the Department of Conservation.

1.  Four authorized positions and incumbent personnel in the Executive Department, State Planning Office that are assigned to that office's land use planning program are transferred to Department of Conservation.  These employees shall retain their rights as unclassified employees as well as their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

SUMMARY

PART JJ

Part JJ transfers the State Planning Office's duties and responsibilities regarding the Growth Management Act and related land use policy-matters to the Department of Conservation.


 

PART KK     

Sec. KK-1. 1 MRSA §25, as amended by PL 1999, c. 556, §1, is further amended to read:

§25. The Bureau of Geology and Natural Areas to have charge of Topographic mapping

The Bureau of Geology and Natural Areas,Natural Areas and Coastal Resources has charge of topographic mapping on behalf of the State. The Bureau of Geology and Natural Areas ,Natural Areas and Coastal Resources is authorized and directed to enter into such agreements with the Director of the United States Geological Survey as will assure the progress of the work in an efficient and economical manner.

Sec. KK-2. 2 MRSA §6, sub-§5, as amended by PL 2005, c. 405, Pt. D, §4, is further amended to read:

 

5. Range 86.  The salaries of the following state officials and employees are within salary range 86:

 

Director of Labor Standards;

 

State Archivist;

 

Director, Bureau of Geology and Natural Areas,Natural Areas and Coastal Resources;

 

Executive Director, Maine Land Use Regulation Commission;

 

Chair, Maine Unemployment Insurance Commission;

 

Child Welfare Services Ombudsman; and

 

Director of the Maine Drug Enforcement Agency.

 

Sec. KK-3. 5 MRSA §935, sub-§1, ¶D, as amended by PL 1999, c. 556, §3, is further amended to read:

D. Director, Bureau of Geology and Natural Areas ,Natural Areas and Coastal Resources;

Sec. KK-4. 12 MRSA §541-A, as amended by PL 1999, c. 556, §12, is further amended to read:

§541-A. Bureau of Geology and Natural Areas,Natural Areas and Coastal Resources

The Bureau of Geology and Natural Areas,Natural Areas and Coastal Resources is established within the Department of Conservation and is administered by the commissioner. The bureau consists of the Maine Geological Survey, referred to in this chapter as the "survey," and the Natural Areas Program and the Maine Coastal Program. The executive director of the bureau is the director of the survey.

Sec. KK-5. 12 MRSA §544-D is enacted to read:

 

§544-D.  Maine Coastal Program

 

1. Establishment.  The Maine Coastal Program is established within the Department of Conservation and is administered by the commissioner.

 

2. Definitions.  As used in this subchapter, unless the context otherwise indicates, the following terms are defined as follows:

 

A. "State coastal zone management program" means the Maine Coastal Program originally approved by the National Oceanic and Atmospheric Administration in September 1978 and as subsequently changed in accordance with the federal Coastal Zone Management Act of 1972, PL 52-583, as amended;  

 

B. "Commissioner" means the Commissioner of the Department of Conservation established under section 5011; and

 

C. "Coastal area", "coastal management" and "coastal resources" are defined as provided in Title 38, section 1802.

 

3. Purpose.  The Coastal Program is established to manage and administer and to coordinate implementation and on-going development and improvement of the state coastal zone management program in accordance with and in furtherance of the requirements of the federal Coastal Zone Management Act of 1972, PL 52-583, as amended and the State's coastal management policies established in Title 38, section 1801. 

 

4.  Authorities.  In order to and to the extent needed to carry out its responsibilities under subsection 3, the Coastal Program is authorized to:

 

A.  Receive and administer federal grants from the National Oceanic and Atmospheric Administration, as well as financial assistance from other public or private sources, for implementation of the state coastal zone management program;  

 

B. At the request of the Governor or the Legislature, or on its own initiative, prepare or coordinate preparation of plans, studies, technical assistance, and policies to identify immediate and long-range needs regarding coastal management, coastal resources and related human uses in the coastal area and to guide and carry forward the wise, coordinated, and well-balanced development and conservation of coastal resources;

 

C.  Implement aspects of the state coastal zone management program and be the lead state agency for purposes of federal consistency under Section 307 of the federal Coastal Zone Management Act; and

 

D.  Act as the coordinating agency among the several officers, authorities, boards, commissions, departments and divisions of the State on matters relative to coastal management of coastal resources and related human uses in the coastal area.

 

 Nothing in this section may be construed as limiting the powers and duties of any officer, authority, board, commission, department or political subdivision of the State.   

 

Sec. KK-6. 12 MRSA §549, as amended by PL 1999, c. 556, §14, is further amended  to read:

§549. Jurisdiction

The Bureau of Geology and Natural Areas , Natural Areas and Coastal Resources and the agencies having jurisdiction over state-owned lands have jurisdiction, as set forth in this subchapter, over all state-owned lands for the purpose of mineral development and mining on that land. The Bureau of Geology and Natural Areas, Natural Areas and Coastal Resources and the agencies having jurisdiction over state-owned lands may make such rules as each deems proper with respect to the authority delegated pursuant to this subchapter.

Sec. KK-7. 12 MRSA §549-A, sub-§2, as amended by PL 1999, c. 556, §15, is further amended to read:

 

2. Director of the survey.  "Director of the survey" means the Director of the Bureau of Geology and Natural Areas, Natural Areas and Coastal Resources.

 

Sec. KK-8. 12 MRSA §550-B, sub-§3, ¶A, as amended by PL 2003, c. 175, §3, is further amended to read:

 

A. Within 30 days after completion of any well or dry hole, or the enlarging or deepening of an existing well, a well drilling company shall submit a report to the Bureau of Geology and Natural Areas , Natural Areas and Coastal Resources, on forms designed and provided by the Bureau of Geology and Natural Areas , Natural Areas and Coastal Resources. The report must contain information as may be required by the Bureau of Geology and Natural Areas, Natural Areas and Coastal Resources, including, but not limited to, location, construction and well yield.

 

Sec. KK-9.  12 MRSA §1835, sub-§1, ¶A, as amended by PL 1999, c. 556, §18, is further amended to read:

 

A. The first $20,000 in the aggregate of any money accruing from the alienation of rights to mine upon nonreserved public land, or other income arising out of mining operations, that is actually received during any fiscal year, and every portion thereof accruing from these mining operations, must be paid into the Bureau of Geology and Natural Areas , Natural Areas and Coastal Resources.

 

Sec. KK-10.  12 MRSA §1849, sub-§1, ¶A, as amended by PL 1999, c. 556, §20, is further amended to read:

 

A. The first $20,000 in the aggregate of any money accruing from the alienation of rights to mine upon public reserved land, or other income arising out of mining operations, that is actually received during any fiscal year, and every portion thereof accruing from these mining operations, must be paid to the Bureau of Geology and Natural Areas, Natural Areas and Coastal Resources.

 

Sec. KK-11.  12 MRSA §1863-A, sub-§4, ¶A, as enacted by PL 2009, c. 615, Pt. B, §3, is amended to read:

 

A. Fifty percent to fund research, monitoring and other efforts to avoid, minimize and compensate for potential adverse effects of renewable ocean energy projects, as defined in section 1862, subsection 1, paragraph F-1, on noncommercial fisheries, seabirds, marine mammals, shorebirds, migratory birds and other coastal and marine natural resources, including but not limited to development, enhancement and maintenance of map-based information resources developed to guide public and private decision making on siting issues and field research to provide baseline or other data to address siting issues presented by renewable ocean energy projects. The department shall consult with the Department of Inland Fisheries and Wildlife and the Executive Department, State Planning Office in allocating funds it receives pursuant to this paragraph; and

 

Sec. KK-12.  12 MRSA §1868, sub-§1, as enacted by PL 2009, c. 270, Pt. C, §1, is amended to read:

 

1. Site identification process.  No later than December 15, 2009, following consultation with the Department of Environmental Protection, the Public Utilities Commission, the Department of Inland Fisheries and Wildlife, the Maine Land Use Regulation Commission, the Department of Marine Resources, the Maine Historic Preservation Commission and the University of Maine System and opportunity for public comment, the department , in conjunction with the Executive Department, State Planning Office, shall identify and map up to 5 specific offshore wind energy test areas. An offshore wind energy test area identified under this subsection must be a geographic area on state-owned submerged lands suitable for offshore wind energy demonstration projects constructed and operated in accordance with Title 38, section 480-HH. In identifying each such area, the department must consider existing information regarding pertinent ecological, environmental, social and development-related factors, including but not limited to:

 

A. Potential adverse effects on a protected natural resource, as defined by Title 38, section 480-B, subsection 8, or a scenic resource of state or national significance, as defined by Title 35-A, section 3451, subsection 9;

 

B. Potential adverse effects on species listed as threatened or endangered under section 6975 or section 12803, subsection 3; avian species, including seabirds, passerines, raptors, shorebirds, water birds and waterfowl; bats; and marine mammals;

 

C. Potential adverse effects on commercial fishing, recreation, navigation, existing public access ways to intertidal and subtidal areas and other existing uses;

 

D. Proximity to deep water port facilities, rail transportation, transmission infrastructure facilities and existing ocean-based environmental monitoring devices;

 

E. Data regarding wind speed, ocean wave height and period, ocean currents and water depth;

 

F. Geology, including substrate type and other seafloor characteristics;

 

G. Public support in pertinent coastal communities; and

 

H. Historic sites and archaeological resources of state or national significance.

 

Sec. KK-13. 12 MRSA §6022, sub-§11, as enacted by PL 1977, c. 661, §5, is amended to read:

 

11. Interagency cooperation.  The commissioner shall consult with, offer advice to and cooperate with the State Planning Office, the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife and the Department of Conservation in carrying out his duties, and these agencies shall do the same in carrying out their duties. Cooperation shall include the exchange of information and the filing of copies of any application, petition, request, report or similar document which may bear upon the responsibilities of any of these departments. Details of those exchanges shall be worked out by the heads of the departments.

 

Sec. KK-14. 12 MRSA §13001, sub-§12, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by §9, is amended to read:

 

12. Freshwater marshes and bogs.  "Freshwater marshes and bogs" means naturally occurring open areas with saturated soils or peat, often associated with standing water and dominated by low herbaceous vegetation, grasses, weeds and shrubs and including wetlands, as shown on the Freshwater Wetlands Map Series, Bureau of Geology and Natural Areas, Natural Areas and Coastal Resources, Maine Geological Survey, or zoned as a Wetland Protection Subdistrict, P-WL, by the Maine Land Use Regulation Commission.

Sec. KK-15.  22 MRSA §676, sub-§5, as amended by PL 1999, c. 556, §26, is further amended to read:

5. Geology.  The Bureau of Geology, and Natural Areas, Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Conservation shall provide technical assistance for waste management.

Sec. KK-16.  22 MRSA §679-B, sub-§8, as amended by PL 1999, c. 556, §27, is further amended to read:

8. Transfer of funds.  Notwithstanding Title 5, section 1585, funds allocated under this section must be transferred as necessary to accomplish the purposes of this section and Title 38, chapter 14-A from the department to other agencies, including the Department of Environmental Protection, the State Planning Office, the Bureau of Geology, and Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Conservation and the Maine Land Use Regulation Commission.

Sec. KK-17. 32 MRSA §4700-G, sub-§2, as amended by PL 2009, c. 153, §8, is further amended to read:

 

2. Membership.  The commission consists of the director of the division of environmental health within the Department of Health and Human Services or the director's designee; the Director of the Bureau of Geology, and Natural Areas and Coastal Resources within the Department of Conservation or the director's designee; the Commissioner of Transportation or the commissioner's designee; and 4 public members, 3 of whom must be well drillers.

 

Sec. KK-18. 32 MRSA §4700-G, sub-§6, as amended by PL 1999, c. 556, §29, is further amended to read:

 

6. Administrative provision.  The department shall administer the affairs and activities of the commission, keep all books and records, excluding data reports. All appropriations for use of the commission must be made to the department. The Department of Conservation, Bureau of Geology and Natural Areas, Natural Areas and Coastal Resources shall keep all well data reports and work with the department in the administration of the commission's activities.

 

Sec. KK-19. 33 MRSA §1213, as enacted by PL 1973, c. 616, §1, is amended to read:

§1213. Water boundaries

For the purposes of this chapter, the State Planning Office Department of Conservation, Bureau of Geology, Natural Areas and Coastal Resources is directed to draw the water boundaries of the 8 coastal counties in order to determine in which registry of deeds the island shall be registered. These lines shall be drawn in accordance with the corporate charters of the counties as amended. In instances in which the charter does not clearly specify the seaward boundaries of the counties, the boundaries shall be drawn in accordance with state law and the principles contained in the International Convention for the Contiguous and Territorial Sea in determining seaward boundaries between adjacent nation states.

Sec. KK-20.  35-A MRSA §3451, sub-§9, ¶H, as enacted by PL 2007, c. 661, Pt. A, §7, is amended to read:

 

H. Scenic viewpoints located in the coastal area, as defined by Title 38, section 1802, subsection 1, that are ranked as having state or national significance in terms of scenic quality in:

 

(1) One of the scenic inventories prepared for and published by the Executive Department, former State Planning Office: "Method for Coastal Scenic Landscape Assessment with Field Results for Kittery to Scarborough and Cape Elizabeth to South Thomaston," Dominie, et al., October 1987; "Scenic Inventory Mainland Sites of Penobscot Bay," Dewan and Associates, et al., August 1990; or "Scenic Inventory: Islesboro, Vinalhaven, North Haven and Associated Offshore Islands," Dewan and Associates, June 1992; or

 

(2) A scenic inventory developed by or prepared for the Executive Department, former State Planning Office or the Department of Conservation in accordance with section 3457.

 

Sec. KK-21.  35-A MRSA §3457, sub-§2, as enacted by PL 2007, c. 661, Pt. A, §7, is amended to read:

 

2. Scenic inventory.  The Executive Department, State Planning Office shall adopt rules regarding the methodology for conducting a scenic inventory of scenic resources of state or national significance that are located in the coastal area, as defined by Title 38, section 1802, subsection 1, in a manner comparable to that used for an inventory listed in section 3451, subsection 9, paragraph H, subparagraph (1). The office Department of Conservation, Bureau of Geology, Natural Areas and Coastal Resources may contract with an outside entity for the preparation of a scenic inventory conducted pursuant to the methodology developed pursuant to this subsection.

Sec. KK-22.  38 MRSA §361-A, sub-§1-D, as amended by PL 1999, c. 556, §30, is further  amended to read:

1-D. Aquifer.  "Aquifer" means a geologic formation composed of rock or sand and gravel that stores and transmits significant quantities of recoverable water, as identified by the Bureau of Geology and Natural Areas,Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Conservation.

 

Sec. KK-23.  38 MRSA §401, 7th ¶, as amended by PL 1989, c. 890, Pt. A, §40 and Pt. B, §21, is further amended to read:

 

It is the intention of the Legislature that the Bureau of Geology, Natural Areas and Coastal Resources provide coordination and develop programs for the collection and analysis of information relating to the nature, extent and quality of aquifers and aquifer recharge areas.

Sec. KK-24.  38 MRSA §402, as amended by PL 1999, c. 556, §31, is further amended to read:

§402. Research

The Bureau of Geology, Natural Areas and Coastal Resources,  in cooperation with the Department of Environmental Protection, is authorized to conduct research and studies to determine recharge and cleansing rates of ground water in different sand and gravel and bedrock formations.

The Bureau of Geology and Natural Areas, Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Conservation in cooperation with other agencies as appropriate shall conduct a 3-year program to assess the impact of agricultural practices and chemicals on ground water quality in selected agricultural areas and selected aquifers. The program must evaluate the extent and level of contamination associated with pesticide use, the mechanisms by which pesticides move through the soil and into ground water supplies, the synergistic effects of these substances and their persistence in ground water.

The survey shall report annually its progress to the joint standing committee of the Legislature having jurisdiction over natural resources.

Sec. KK-25.  38 MRSA §410-I, sub-§1, as enacted by PL 1991, c. 345 and revised by PL 2003, c. 689, Pt. B, §7, is amended to read:

 

1. Agency cooperation.  The commissioner shall cooperate and coordinate with the Commissioner of Agriculture, Food and Rural Resources; the Commissioner of Conservation; the Commissioner of Transportation; the Commissioner of Economic and Community Development; the Commissioner of Health and Human Services; and the Commissioner of Marine Resources; and the Director of the State Planning Office to ensure a coordinated approach to nonpoint source pollution control for agriculture, forestry, transportation and development.

 

Sec. KK-26.  38 MRSA §546-B, sub-§1, as enacted by PL 1991, c. 454, §6, is amended to read:

 

1. Sensitive area identification and data management.  The commissioner, in consultation with the Department of Marine Resources, the Department of Inland Fisheries and Wildlife, the Department of Conservation, the State Planning Office, the United States Fish and Wildlife Service and other appropriate agencies and organizations, both public and private, shall assess the nature and extent of sensitive areas and resources in the marine environment that may be threatened by oil spills and develop a system to collect and maintain the necessary data. The commissioner shall ensure that the duplication of effort among agencies and creation of incompatible data and data bases are minimized.

 

Sec. KK-27.  38 MRSA §549, as amended by PL 1999, c. 556, §36, is further amended to read:

§549. Personnel and equipment

The commissioner shall establish and maintain at such ports within the State, and other places as the commissioner determines, employees and equipment necessary to carry out this subchapter. The commissioner, subject to the Civil Service Law, may employ personnel necessary to carry out the purposes of this subchapter, and shall prescribe the duties of those employees. The salaries of those employees and the cost of that equipment must be paid from the Maine Coastal and Inland Surface Oil Clean-up Fund established by this subchapter. The commissioner and the Director of the Bureau of Geology and Natural Areas,Natural Areas and Coastal Resources shall periodically consult with each other relative to procedures for the prevention of oil discharges into the coastal waters of the State from offshore drilling production facilities. Inspection and enforcement employees of the department in their line of duty under this subchapter have the powers of a constable.

Sec. KK-28.  38 MRSA §1804, as enacted by PL 2001, c. 595, §1, is amended to read:

§1804. Interagency review of coastal water access issues

The Executive Department, State Planning Office Department of Conservation and the Department of Marine Resources, within existing budgeted resources, shall convene a working group of staff from all state agencies that deal with coastal water access issues to share data, program activities and areas for collaboration on coastal water access issues. Each agency shall identify the coastal water access data that the agency has, the coastal water access data that the agency needs and potential funding sources for the collection of the needed data. Other stakeholders may be included as appropriate. The State Planning Office Department of Conservation and the Department of Marine Resources shall submit a report of the working group's activities, including how the agencies can work cooperatively to make creative use of available funds to address both recreational and commercial access needs and to optimize projects that are multiuse in nature to the joint standing committee of the Legislature having jurisdiction over marine resources matters by January 15th of every odd-numbered year.

Sec. KK-29.  38 MRSA §1905, sub-§1, as amended by PL 1999, c. 556, §40, is amended to read:

 

1. Maps; coastal barriers identified.  Maine's coastal barriers are identified on maps, available for public review, at the Department of Conservation, Bureau of Geology and Natural Areas, Natural Areas and Coastal Resources, Maine Geological Survey office in Augusta. They are referred to as the Maine Coastal Barrier Resources Systems and are numbered consistent with the United States Coastal Barriers Resource Act.

 

Sec. KK-30. Transition provisions; Maine Coastal Program-related matters.  The following provisions apply to reassignment of duties, responsibilities and activities regarding management and administration and implementation of aspects of the State's federally approved coastal zone management program from the Executive Department, State Planning Office to the Department of Conservation, Bureau of Geology, Natural Areas, and Coastal Resources.

            1.  The Governor shall designate the Department of Conservation to receive and administer implementation grants for and serve as the state agency for federal consistency review as provided by the Maine Coastal Program approved by the National Oceanic and Atmospheric Administration in September 1978 and as subsequently amended in accordance with the federal Coastal Zone Management Act.  No later than one year following the effective date of this section, the Department of Conservation shall submit to the National Oceanic and Atmospheric Administration, Office of Coastal Resource Management, for its review and approval in accordance with Title 15, Code of Federal Regulations, Part 923 any changes to the Maine Coastal Program necessary to conform the program to the intent of this section. 

            2.  Six authorized positions and incumbent personnel in the Executive Department, State Planning Office assigned to the Maine Coastal Program are transferred to the Department of Conservation, Bureau of Geology, Natural Areas, and Coastal Resources. Those employees shall retain their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

            3.  Notwithstanding the provisions of the Maine Revised Statutes, Title 5, the State Controller, upon request of the State Budget Officer and with the approval of the Governor, shall transfer to the proper account in the Department of Conservation all accrued expenditures, assets, liabilities, including but not limited to any contractual obligations, balances or appropriations, allocations, transfers, revenues or other available funds in any account or subdivision of an account of the State Planning Office established for administration of funds related to management of coastal resources, including but not limited to grant funds from the National Oceanic and Atmospheric Administration pursuant to the Coastal Zone Management Act.  Nothing in this section changes or is intended to change or otherwise affect the purposes or uses for which any funds transferred pursuant to this section may be expended.

SUMMARY

PART KK

Part KK transfers the State Planning Office's duties and responsibilities as lead agency for the Maine Coastal Program to the Department of Conservation's Bureau of Geology and Natural Areas, renamed, accordingly, the Bureau of Geology, Natural Areas and Coastal Resources. 


 

PART LL

Sec. LL-1.  5 MRSA §7504, as enacted by PL 1995, c. 54, §1, is amended to read  

§7504. Staff and administrative services; program administration

The State Planning Office Department of Education shall provide staff and administrative services as follows.

1. Executive director; staff.  The Director of the State Planning Office Commissioner of the Department of Education, with the advice and consent of in consultation with the commission, shall hire an executive director as a member of the State Planning Office Department of Education's staff. The executive director oversees day-to-day operations of the commission, hires staff members with the approval of the commission and the Director of the State Planning Office Commissioner of the Department of Education, and carries out other responsibilities as directed by the commission.

 

2. Administrative services.  The State Planning Office Department of Education shall provide the executive director and the commission with continuing administrative support as appropriate. The State Planning Office Department of Education may establish a dedicated account on behalf of the commission to receive funds contributed by private and public agencies for use solely for commission purposes.

   

Sec. LL-2.  Transition provisions; Maine Commission for Community Service-related matters.  The following provisions apply to the reassignment of duties, responsibilities and activities of the Maine Commission on Community Service. 

            1.  Five authorized positions and incumbent personnel in the Executive Department, State Planning Office assigned to the Maine Commission for Community Service are transferred to the Department of Education, Maine Commission for Community Service.  These employees shall retain their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

            2.  Notwithstanding the provisions of the Maine Revised Statutes, Title 5, the State Controller, upon request of the State Budget Officer and with the approval of the Governor, shall transfer to the proper account in the Department of Education, Maine Commission for Community Service all accrued expenditures, assets, liabilities, including but not limited to any contractual obligations, balances or appropriations, allocations, transfers, revenues or other available funds in any account or subdivision of an account of the State Planning Office established for funds administered by the Maine Commission for Community Service.  Nothing in this section changes or is intended to change or otherwise affect the purposes or uses for which any funds transferred pursuant to this section may be expended.

SUMMARY

PART LL

Part LL transfers the State Planning Office's duties and responsibilities regarding provision of administrative support for the Maine Commission for Community Service to the Department of Education.


 

PART MM

Sec. MM-1. 2 MRSA §9, sub-§§1 to 2, as enacted by PL 2007, c. 656, Pt. C, §1, are amended to read:

§9. Governor's Energy Office

1. Office established.  The Governor's Energy Office of Energy Independence and Security, referred to in this section as "the office," is established in the Executive Department to carry out responsibilities of the State relating to energy resources, planning and development. The office is directly responsible to the Governor.

2. Director.  The office is under the control and supervision of the Director of the Governor's Energy Office of Energy Independence and Security, referred to in this section as "the director." The director is appointed by the Governor and serves at the pleasure of the Governor.

Sec. MM-2. 2 MRSA §9, sub-§2-A, as enacted by 2009, c. 372, Pt. H, §1, is amended to read:

2-A. Powers.  The director shall request from the Efficiency Maine Trust, established in Title 35-A, chapter 97, and the trust shall provide from funds available to it funding sufficient to carry out the duties of the office under section 3 and any other applicable law.

Sec. MM-3. 2 MRSA §9, sub-§3, ¶G, as enacted by 2007, c. 656, Pt. C, §1, is amended to read:

G. Seek, accept and administer funds and partnerships with from public and private sources and develop partnerships with public and private entities to support the goals of the office, including, but not limited to, promoting energy efficiency, demand-side management and distributed generation;

Sec. MM-4.  2 MRSA §9, sub-§6 is enacted to read:

            6. Maine Energy Resources Development Program.  The office, as funding allows, shall administer a program of energy research and demonstration activities related to both the use of indigenous, renewable resources and more efficient use of energy. The director may accept private money for the purpose of pursuing this program.

A. Report to Legislature.  The director shall include, in the biennial comprehensive energy plan, a report which specifies, in regard to the Maine Energy Resources Development Program, the expenditure of the funds, the purposes for which the funds were used and the amount of as well as the sources from which the funds were derived.

 

B. Expenditures requiring approval.  For all programs involving expenditures of $10,000 or more, the director shall recommend those expenditures to the Governor. If the Governor approves, the director shall recommend those expenditures to the Legislature under the procedures authorizing the transfer of funds set forth in section 1585.

Sec. MM-5.  2 MRSA §9, sub-§7 is enacted to read:

7.  Reporting of petroleum inventories and deliveries.

 

A. Definitions.  As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings:

 

(1) "Petroleum products" means propane; gasoline; unleaded gasoline; gasohol; kerosene; #2 heating oil; diesel fuel; kerosene-based jet fuel; aviation gasoline; #4, #5 and #6 residual oil for utility and nonutility uses; and Bunker C oil.

 

(2) "Primary storage facilities" means any facility which receives petroleum products into the State either by pipeline or ship; and

 

(3) "Primary supplier" means any refiner, marketer, distributor, firm or person who makes the first sale of any petroleum product to resellers or consumers in this State.

 

 

B. Reporting of owners and lessees of primary storage facilities.  Each owner or lessee of primary storage facilities in the State shall make an accurate report on the first and 3rd Monday of each month to the office on a form provided by the director. The form must contain a conspicuous statement of the penalties provided in subsection 4 and must require the following information:

 

(1) The total inventory of each petroleum product stored in the State, as measured within not more than 3 working days prior to the reporting date; and

 

(2) The quantities of each petroleum product delivery expected into the State within 15 days of the reporting date or within any longer period established by the director.

 

C. Reporting of primary suppliers.  Each primary supplier of petroleum products shall make an accurate report on the 3rd Monday of each month to the office on a form provided by the director, unless the report is already being submitted in accordance with federal regulations. The form must contain a conspicuous statement of the penalties provided in subsection 4 and must require the following information:

 

(1) Actual deliveries of all petroleum products in this State during the preceding calendar month;

 

(2) Anticipated deliveries of all petroleum products in this State during the following calendar month or during any longer period established by the director; and

 

(3) Allocation fractions for all petroleum products for the following month or for any longer period established by the director.

 

D. Penalty provisions.  A person who violates this section is subject to the following penalties.

 

(1) An owner or lessee of a primary storage facility or a primary supplier covered by this section who fails to provide the information required by this section commits a Class D crime. Violation of this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

 

(2) An owner or lessee of a primary storage facility or a primary supplier covered by this section who knowingly or recklessly supplies false or misleading information is guilty of a violation of Title 17-A, section 453. C. An owner or lessee of a primary storage facility who supplies false or misleading information commits a civil violation for which a fine of $2,500 may be adjudged.

 

E. Reporting.  The office shall provide reports to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters as follows:

 

(1) If the office determines, based on available information, that there is or may be a significant shortfall in supply inventories or anticipated deliveries into the State of home heating oil or kerosene, a report including:

 

a. The information that suggests a supply shortfall;

 

b. Current and anticipated inventories of home heating oil and kerosene storage supplies; and

 

c. Any recommendations of the office for actions by the State in response to the a nticipated supply shortfall; and

 

d. A report on inventories, deliveries, curtailments, shortfalls or other matters relating to the availability of petroleum products in this State, at the request of the joint standing committee of the Legislature having jurisdiction over utilities and energy matters.

Sec. MM-6. 7 MRSA §2, sub-§5, 3rd ¶, as amended by PL 1991, c. 9, Pt. I, §6, is further amended to read:

In addition, the commissioner shall be concerned with the quality of life of Maine farmers and rural communities. The commissioner shall promote: farm financing and rural development proposals; conservation and preservation of agricultural lands; increased and improved production of beef, poultry, sheep, dairy beef and other livestock; expanded and improved production of potatoes, fruits and other vegetables and horticultural ventures; coordinated foreign and domestic marketing of Maine agricultural products; in conjunction with the university, crop development and integrated pest management; and conservation of nonrenewable energy resources and utilization of renewable energy resources in conjunction with the State Planning Office Governor's Energy Office. To accomplish these objectives, the commissioner is authorized for, or on behalf of, Maine's farmers and rural community: to engage in research and educational programs; to participate directly or indirectly in programs to encourage and enable individuals to enter agricultural or other rural enterprises; to institute litigation or upon request to represent farmers or other members of the rural community in litigation where the commissioner determines that such litigation may be beneficial to agricultural industry as a whole; and to exercise all other powers of an agency of State Government. The commissioner may study such issues and, consistent with statute, take such actions either individually, for, or on behalf of, the State's farmers or rural residents, or jointly with such other persons, agencies or organizations as the commissioner determines may benefit the State's farmers and rural communities. To further accomplish these objectives, the commissioner is authorized beginning July 1, 1991, on behalf of the State's rural community, to administer food assistance programs including the receipt, distribution and administration of federal and state funds, including block grants, for food assistance.

Sec. MM-7. 10 MRSA §1023-K, sub-1, as amended by PL 2009, c. 124, §2, is further amended to read:

 

1. Established; fund administration.  The Clean Fuel Vehicle Fund, referred to in this section as the "fund," is established under the jurisdiction of the authority to support production, distribution and consumption of clean fuels and biofuels. In administering the fund, the authority shall consult and provide opportunity for input from the Governor's Energy Office of Energy Independence and Security within the Executive Department.

 

Sec. MM-8. 10 MRSA §1023-K, sub-3-B, as amended by PL 2009, c. 124, §2, is further amended to read:

 

3-B. Application of fund.  The fund may be used in accordance with this subsection.

 

A. The fund may be applied to carry out any power of the authority under or in connection with section 1026-A, subsection 1, paragraph A, subparagraph (1), division (c), including, but not limited to, the pledge or transfer and deposit of money in the fund as security for and the application of the fund to pay principal, interest and other amounts due on insured loans.

 

B. The fund may be used for direct loans to finance all or part of any clean fuel or sustainable biofuel vehicle project when the authority determines that:

 

(1) The applicant demonstrates a reasonable likelihood that the applicant will be able to repay the loan;

 

(2) The project is technologically feasible; and

 

(3) The project will contribute to a reduction of or more efficient use of fossil fuels.

 

C. The fund may be used for grants to support clean fuel and sustainable biofuel production, distribution and consumption. The authority, in consultation with the Governor's Energy Office of Energy Independence and Security within the Executive Department, shall establish a formula and method for the awarding of grants under this paragraph.

 

D. The fund may be used for reasonable development and administration costs for an online contribution process, in accordance with subsection 6.

 

E. The fund may be used for reasonable initial and ongoing administrative costs of the authority to implement this section.

 

The authority, in consultation with the Governor's Energy Office of Energy Independence and Security within the Executive Department, shall adopt rules for determining eligibility, project feasibility, terms, conditions and security for loans under this section. Rules adopted pursuant to this subsection are routine technical rules under Title 5, chapter 375, subchapter 2-A.

Sec. MM-9. 10 MRSA §1492, sub-§1, as amended by PL 1989, c. 501, Pt. DD, §29, is further amended to read:

1. Solar energy equipment.  "Solar energy equipment" means all controls, tanks, pumps, heat exchangers, collectors and all other equipment necessary for the collection, transfer and storage of solar energy, as determined by the State Planning Office Governor's Energy Office. Passive solar energy systems or those systems using natural means to collect, store and transfer solar energy shall not be included under this chapter.

 

Sec. MM-10.  10 MRSA §9722, sub-§2, ¶I, as enacted by PL 2007, c. 699, §6, is amended to read:

I. An energy efficiency representative, recommended by the director of the Governor's Energy Office of Energy Independence and Security within the Executive Department, who has experience or expertise in the design or implementation of energy codes or in the application of energy efficiency measures in residential or commercial construction;

Sec. MM-11. 12 MRSA §405-A, sub-§4, as enacted by PL 1987, c. 635, is amended to read:

4. Review.  The State Planning Office Governor's Energy Office shall review the status of hydropower development on the St. Croix River and shall report to the joint standing committee of the Legislature having jurisdiction over energy and natural resources by January 1, 1993 2013 and every 5 years thereafter. The report shall include any recommendations for changes in the provisions of this section together with the justification for the changes. If the St. Croix River is included in any legislative Act or regulation which directly or indirectly has as its effect the essential prohibition of construction of new dams or development or redevelopment of existing dams on the St. Croix River, this section shall be repealed on the effective date of that Act or regulation.

 

Sec. MM-12. 22 MRSA §666, sub-§§1 to 2, as reenacted by PL 2007, c. 539, Pt. KK, §5, is amended to read:

 

1. Damages to public health and safety.  If the State Nuclear Safety Inspector has reason to believe that any activity poses a danger to public health and safety, and after notifying the facility licensee and the United States Nuclear Regulatory Commission, the inspector shall immediately notify the Governor, and the Commissioner of Health and Human Services and the State Nuclear Safety Advisor within the State Planning Office. This subsection may not be construed as precluding the State Nuclear Safety Inspector from discussing the safety inspector's concerns with the United States Nuclear Regulatory Commission or others before making a determination that any activity poses a danger to public health and safety.

 

2. Reports.  The State Nuclear Safety Inspector, with the cooperation of the Director of Health Engineering, shall prepare a report of the safety inspector's activities under this chapter to be submitted July 1st of each year to the State Nuclear Safety Advisor Governor's Energy Office and the Legislature. The State Nuclear Safety Inspector shall prepare monthly reports for the State Nuclear Safety Advisor , Governor's Energy Office, the President of the Senate and the Speaker of the House, with copies to the United States Nuclear Regulatory Commission and the facility licensee.

 

Sec. MM-13. 22 MRSA §676, sub-§6, as amended by PL 1989, c. 501, Pt. DD, §31, is further amended to read:

 

6. Energy.  The State Planning Office Governor's Energy Office shall serve as liaison with the United States Department of Energy.

 

Sec. MM-14. 35-A MRSA §122, sub-§1-B, ¶A, sub-paragraph 1, as amended by PL 2009, c. 655, Pt. A, §2, is further amended to read:

 

(1) The Director of the Governor's Energy Office of Energy Independence and Security within the Executive Department or the director's designee;

 

Sec. MM-15.  35-A MRSA §122, sub-§2, ¶B, as amended by PL 2009, c. 655, Pt. A, §2, is further amended to read

 

B. The commission may commence a proceeding to designate a petitioned corridor only upon the filing of a petition for the designation of a petitioned corridor by the Office of the Public Advocate, the Executive Department, Governor's Energy Office of Energy Independence and Security or a potential developer.

 

Sec. MM-16.  35-A MRSA §122, sub-§7, ¶C, as amended by PL 2009, c. 655, Pt. A, §2, is further amended to read:

 

C. The commission may take and hold by right of eminent domain lands and easements within an energy infrastructure corridor in accordance with this paragraph, notwithstanding any transmission and distribution utility ownership of the lands or easements.

 

(1) The commission may exercise the authority under this paragraph only in an adjudicatory proceeding upon a petition by the Office of the Public Advocate or the Executive Department, Governor's Energy Office of Energy Independence and Security demonstrating that such action is urgently needed to avoid substantial harm to electricity consumers regarding anticipated activity associated with an energy infrastructure corridor. A determination by the commission that the exercise of eminent domain under this paragraph is urgently needed to avoid substantial harm to electricity consumers regarding anticipated activity associated with an energy infrastructure corridor constitutes reviewable final agency action.

 

(2) The amount of any lands or easements taken by the commission pursuant to this subsection may be no greater than is required to avoid the harm to electricity consumers identified under subparagraph (1).

 

(3) The right of eminent domain granted in this paragraph does not apply to personal property, fixtures or improvements that constitute transmission and distribution plant or an energy transport pipeline.

 

(4) The commission may exercise the right of eminent domain for the purposes of this paragraph in the same manner and under the same conditions as set forth in chapter 65. For the purposes of the exercise of eminent domain authorized by this paragraph, the commission is both a person and the State.

 

(5) The commission is authorized to assess transmission and distribution utilities to the extent necessary to obtain sufficient funds to pay for lands and easements taken pursuant to this subsection.

 

(6) The commission, in an adjudicatory proceeding upon petition by the Office of the Public Advocate or the Executive Department, Governor's Energy Office of Energy Independence and Security, may transfer or convey to any person or state agency or authority lands and easements once acquired, except that a transmission and distribution utility or the owner of an energy transport pipeline whose lands or easements were taken pursuant to this paragraph must be given the first opportunity to acquire the lands or easements to the extent necessary or useful in the performance of its duties as a transmission and distribution utility or an owner of an energy transport pipeline.

 

(7) The commission shall report on the circumstances of any taking by eminent domain to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters during the next regular session of the Legislature following the acquisition of lands or easements by eminent domain.

 

Sec. MM-17. 35-A MRSA §4131, sub-§3, ¶C, as amended by PL 1995, c. 254, §12, is further amended to read:

 

C. The Director of the State Planning Office Governor's Energy Office, or another employee of the State Planning Office that office, as the director may from time to time designate in writing filed with the clerk of the agency, shall serve as a member of the board of directors.

 

Sec. MM-18.  35-A MRSA §10103, sub-§2, ¶A, sub-paragraph 1, as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:

 

(1) The director of the Governor's Energy Office of Energy Independence and Security;

 

Sec. MM-19. 37-B MRSA §742, sub-§2, ¶B, as amended by PL 2005, c. 677, Pt. C, §2, is further amended to read:

 

B. Upon the issuance of an energy emergency proclamation and after consulting with the Executive Department, State Planning Office Governor's Energy Office, the Governor may exercise all the powers granted in this chapter, except as specifically limited by paragraph C. The powers of the Governor include, without limitation, the authority to:

 

(1) Establish and implement programs, controls, standards, priorities and quotas for the allocation, conservation and consumption of energy resources;

 

(2) Regulate the hours and days during which nonresidential buildings may be open and the temperatures at which they may be maintained;

 

(3) Regulate the use of gasoline and diesel-powered land vehicles, watercraft and aircraft;

 

(4) After consulting, when appropriate, with the New England governors and upon the recommendations of the Public Utilities Commission, regulate the generation, distribution and consumption of electricity;

 

(5) Establish temporary state and local boards and agencies;

 

(6) Establish and implement programs and agreements for the purposes of coordinating the emergency energy response of the State with those of the Federal Government and of other states and localities;

 

(7) Temporarily suspend truck weight and size regulations, but not in conflict with federal regulations;

(8) Regulate the storage, distribution and consumption of home heating oil; and

 

(9) If the energy emergency was caused by a lack of electric grid reliability in this State resulting from insufficient capacity resources, take appropriate action, in consultation with the Public Utilities Commission, to procure sufficient capacity resources including generation capacity and interruptible, demand response or energy efficiency capacity resources.

 

Sec. MM-20.  38 MRSA §480-HH, sub-§3, ¶H, as enacted by PL 2009, c. 270, Pt. A, §2, is amended to read:

 

H. Documentation that, in developing each plan required under paragraphs E to G, the applicant consulted with: the Department of Marine Resources, the Department of Inland Fisheries and Wildlife and the Department of Conservation; the Maine Land Use Regulation Commission and the Executive Department, State Planning Office; the Governor's Energy Office;  the United States Army Corps of Engineers, the United States Coast Guard, the National Marine Fisheries Service, the National Park Service and the United States Fish and Wildlife Service; the lobster management policy council established under Title 12, section 6447 for the lobster management zone in which the offshore wind energy demonstration project is proposed; each municipality in which or adjacent to which the project is proposed; and any other local, state or federal agency the applicant considers appropriate. This documentation must include copies of these agencies' comments and recommendations on the plan, if any, and specific descriptions of how the agencies' comments are accommodated by the plan, including the applicant's reasons, based on project-specific information, for any agency recommendation not adopted. The applicant shall allow a minimum of 60 days for the agencies to review and make comments and recommendations on each draft plan before it is filed with the department. No more than 30 days prior to its initiation, the applicant shall notify each municipality within or adjacent to which it intends to site and operate an offshore wind energy demonstration project and invite its participation in the consultation required under this paragraph;

 

Sec. MM-21.  38 MRSA §634, sub-§3, as amended by PL 1989, c. 890, Pt. B, §183, is further amended to read:

 

3. Application review.  Within 10 working days of receiving a completed application, the commissioner shall notify the applicant of the official date on which the application was accepted.

 

The commissioner shall circulate the application among the Department of Environmental Protection, Department of Conservation, Department of Inland Fisheries and Wildlife, Department of Marine Resources, Department of Transportation, Maine Historic Preservation Commission, State Planning Office, the Governor's Energy Office, Public Utilities Commission and the municipal officials of the municipality in which the project is located. The State Planning Office  Governor's Energy Office and the Public Utilities Commission shall submit written comments on section 636, subsection 7, paragraph F. For projects within the jurisdiction of the Maine Land Use Regulation Commission, the director may request and obtain technical assistance and recommendations from the staff of the department. The Commissioner of Environmental Protection shall respond to the requests in a timely manner. The recommendations of the Commissioner of Environmental Protection must be considered by the commission in acting upon a project application.

 

Sec. MM-22.  38 MRSA §640, 1st ¶, as enacted by PL 1989, c. 453, §2, is amended to read:

§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 State Planning Office the Department of Conservation, the Governor's Energy Office, 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.

Sec. MM-23.  38 MRSA §1480-A, as revised by PL 2003, c. 689, Pt. B, §6, is amended to read:

§1480-A. Joint hearings; intervention

The Department of Health and Human Services or the State Planning Office the Governor's Energy Office may intervene in any federal licensing proceeding to carry out the purpose of this chapter.

Sec. MM-24. Rename Governor’s Office of Energy Independence and Security program.  Notwithstanding any other provision of law, the Governor’s Office of Energy Independence and Security program within the Executive Department is renamed the Governor’s Energy Office program.

 

Sec.  MM-25. Transition provisions; Governor's Energy Office-related matters.  The following provisions apply to the reassignment of energy policy related duties and responsibilities of the State Planning Office to the Governor's Energy Office.

            1.  Two authorized positions and incumbent personnel in the Executive Department, State Planning Office currently assigned to duties and responsibilities of the Governor's Office of Energy Independence and Security are transferred to the Executive Department, Governor's Energy Office.  Those employees shall retain their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

            2.   Notwithstanding the provisions of the Maine Revised Statutes, Title 5 and except as otherwise provided in subsection 4, the State Controller, upon request of the State Budget Officer and with the approval of the Governor, shall transfer to the proper account in the Executive Department, Governor's Energy Office all accrued expenditures, assets, liabilities, including but not limited to any contractual obligations, balances or appropriations, allocations, transfers, revenues or other available funds in any account or subdivision of an account of the State Planning Office established for administration of grant funds previously allocated to the Governor's Office of Energy Independence and Security.  Nothing in this section changes or is intended to change or otherwise affect the purposes or uses for which any funds transferred pursuant to this section may be expended. 

SUMMARY

PART MM

Part MM changes the name of the Governor's Office of Energy Independence and Security to the Governor's Energy Office, transfers the State Planning Office's duties and responsibilities regarding various energy policy-related matters to the Governor's Energy Office, and requires the Efficiency Maine Trust to provide funds to the Governor's Energy Office to support fulfillment of that office's statutory duties.


PART NN

Section NN-1. General transition provisions.  The following provisions apply to reassignment of duties and responsibilities and transfer of personnel of the Executive Department, State Planning Office to other agencies as provided in this Act.

            1.  By December 1, 2013, director of the Governor's Office of Policy and Management shall submit legislation to the First Regular Session of the 126th Legislature to revise remaining references, if any, to the State Planning Office in the Maine Revised Statutes and to make any additional technical changes needed to conform to the intent of this Act.  All references to the State Planning Office that are in the Maine Revised Statutes, private and special laws, resolves, rules, procedures, ordinances or plans that are in effect, in operation or are adopted by a state agency or other instrumentality of the State following the effective date of the Act shall be construed to refer to the appropriate state agency, instrumentality or other entity in accordance with the terms and intent of this Act.

 

            2. All rules and procedures that have been adopted by the State Planning Office and that are in effect on the effective date of this Act remain in effect until rescinded, revised or amended by the appropriate authority in accordance with this Act and other applicable state law.  Nothing in this section is intended to increase, diminish or otherwise affect the rulemaking authority of any agency or other instrumentality of state government. 

            3.  All personal property and equipment previously belonging to or allocated for the use of a program of the State Planning Office must be transferred to the agency to which that program is transferred by this Act.  The Department of Administrative and Financial Services shall oversee and resolve any questions regarding such transfer in accordance with the intent of this Act.  4.  Records of the State Planning Office that are needed for continued performance of a duty or function previously assigned to the State Planning Office must be transferred to the agency to which that  duty or function is assigned by this Act.  Other essential records of the State Planning Office must be transferred to the Department of Administrative and Financial Services to be maintained and stored pursuant to standard procedure.

            4.  The transfer of all personal property, equipment, records and personnel under this Act, except where provided otherwise, shall be effective on July 1, 2012.

SUMMARY

PART NN

Part NN contains general transition provisions regarding transfer of the State Planning Office's duties, responsibilities, and property to the other units of State Government as provided in the Act.

            The effective date for creation of the Governor's Office of Policy and Management and gubernatorial appointment of its director is May 1, 2012.  Timed to the beginning of the next fiscal year, the effective date for the other provisions is July 1, 2012.

 


 

PART OO

Sec.  OO-1.  20-A MRSA §7001, sub-§1-A as enacted by PL 2005, c. 662, Pt. A, §15, is amended to read:

1-A. Child Development Services System.  "Child Development Services System" means regional sites, or their successor sites, and the state intermediate educational unit under section 7209, subsection 3,and any regional sites it chooses to establish and maintain, or its successor, established to ensure the provision of child find activities, early intervention services and free, appropriate public education services to eligible children.

Sec.  OO-2.  20-A MRSA §7001, sub-§2-B as enacted by PL 2005, c. 662, Pt. A, §15, is amended to read:

2-B. Intermediate educational unit.  "Intermediate educational unit" means an entity that meets the definition of intermediate educational unit in the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1402, (23) as in effect prior to June 4, 1997 and that is a public authority, other than a local educational agency, under the general supervision of the department, that is established for the purpose of providing free public education on a regional basis and that provides special education and related services to children with disabilities within the State. An intermediate educational unit is considered a local educational agency under federal law. The Child Development Services System regional sites are organized as intermediate educational units. In this State, a local educational agency is a school administrative unit. For purposes of this chapter all references to school administrative units include intermediate educational units.

 

Sec.  OO-3.  20-A MRSA § 7001, sub-§4-A as enacted by PL 2005, c. 662, Pt. A, §15, is amended to repealed.

Sec.  OO-4.  20-A MRSA § 7209 as amended by PL 2007, c. 572, Pt. B, is further amended to read:

§7209. General administration and supervision

1. Department of Education.  The department shall serve as the lead agency for the statewide system pursuant to 20 United States Code, Section 1435, including the identification and coordination of all available resources within the State for services to eligible children from birth to under 3 years of age, and shall exercise general supervisory authority over child find as provided in 20 United States Code, Section 1412 (a) (3) and the provision of a free, appropriate public education to children at least 3 years of age and under 6 years of age.

 

A. The commissioner or the commissioner's designee is responsible for developing and adopting rules necessary to carry out the provisions of the federal Individuals with Disabilities Education Act, Part B, Section 619 and Part C, 20 United States Code, Section 1400 et seq.

 

B.

 

B-1.  The commissioner or the commissioner’s designee is responsible for developing and implementing a funding mechanism for the operation of the state intermediate educational unit and the delivery of services to eligible children with disabilities from birth to under 6 years of age.

 

C. The commissioner or the commissioner's designee is responsible for ensuring legal and policy compliance throughout the early childhood special education program by reviewing or performing regular audits of program records.

 

D. The commissioner or the commissioner's designee is responsible for ensuring fiscal compliance throughout the early childhood special education program by reviewing or performing regular audits of program records.

 

E. The department, in consultation with regional sites, shall develop an corrective action plan with timelines to achieve compliance with federal or state law. The department may assume temporary responsibility for operations at a regional site that fails to meet compliance requirements. The department shall report at least quarterly to the state interagency coordinating council described in 20 United States Code, Section 1441, to the state advisory panel described in 34 Code of Federal Regulations, Sections 300.167 to 300.169 and to other advisory bodies that may be appropriate about individual regional sites that are under an corrective action plan and about individual regional sites for whose operations the department has taken temporary responsibility. These reports must describe any progress or slippage by individual regional sites in meeting compliance requirements. For an individual regional site under an corrective action plan, the reports must describe how long the department expects the regional site to remain under an corrective action plan. For an individual regional site for whose operation the department has taken temporary responsibility, the reports must describe when the department expects to return responsibility to the regional site.

 

2.  State-level advisory committee.

 

3. State intermediate educational unit; administrative functions.  The commissioner shall establish and supervise the state intermediate educational unit. The state intermediate educational unit is established as a body corporate and politic and as a public instrumentality of the State for the purpose of conducting child find activities as provided in 20 United States Code, Section 1412 (a) (3) for children from birth to under 6 years of age, ensuring the provision of providing early intervention services for eligible children from birth to under 3 years of age and ensuring providing a free, appropriate public education for eligible children at least 3 years of age and under 6 years of age.  The state intermediate educational unit shall perform the following statewide coordination and administration functions:

 

A. Establish standard policies and procedures for a statewide salary and benefits administration system, including personnel classifications, position descriptions and salary ranges, and a standard package of health, retirement and other fringe benefits for Child Development Services System personnel, which must be included in the annual entitlement plan described in subsection 1 beginning in fiscal year 2006-07;

 

B. Develop a statewide salary and benefits administration system and perform the payroll functions for Child Development Services System personnel;

 

B-1. Bargain collectively under Title 26, chapter 9-A if the employees of the regional sites choose to be represented by an agent for purposes of collective bargaining. In such circumstances, the state intermediate educational unit must be considered the public employer for purposes of collective bargaining;

 

C. Establish a centralized system for statewide fiscal administration to be implemented by September 1, 2006. The state intermediate educational unit shall establish internal controls and implement accounting policies and procedures in accordance with standards set forth by the State Controller;

 

D. Develop and implement a centralized data management system to be fully operational beginning July 1, 2007;

 

E. Establish a standard, statewide template for regional site contracts with therapeutic service providers, including policies and procedures for the review of contracts, that must be included in the annual entitlement plan described in subsection 1, beginning in fiscal year 2006-07;

 

F. Refine program accountability standards for compliance with federal mandates that must be included in the annual entitlement plan described in subsection 1, including the development of a performance review system to monitor and improve regional site performance through the use of efficiency ratings aligned with the accountability standards and through a compliance plan that requires the regional site to address the unmet needs of eligible children in accordance with specific targets and time frames;

 

G. Design and implement a statewide plan to provide professional development and training to Child Development Services System personnel;

 

H. Employ professional and other personnel at both the state level and the regional sites including those necessary to ensure the implementation of the centralized fiscal and data management systems. All state intermediate educational unit employees are employees for the purposes of the Maine Tort Claims Act; and

 

I. Enter into contracts, leases and agreements and any other instruments and arrangements that are necessary, incidental or convenient to the performance of its duties and the execution of its powers under this chapter.

 

3-A.  State intermediate educational unit; program functions.  The state intermediate educational unit, through a network of regional sites as appropriate, shall:

 

A. Engage in child find activities as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.;

 

B. Engage in childcount activities as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.;

 

C. Engage in appropriate data collection, training, staff development and direct service provision to eligible children with disabilities, from birth to under 3 years of age, in accordance with Part C of the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.;

 

D. Ensure that eligible children with disabilities, from birth to under 3 years of age, receive early intervention services, in accordance with the payment provisions established by the State;

 

E. Ensure that eligible children with disabilities, from 3 years of age to under 6 years of age, receive free, appropriate public education services;

 

F. Coordinate with eligible families the development of individualized family service plans for children with disabilities from birth to 2 years of age or coordinate an individualized education program for a child 3 years of age to under 6 years of age;

 

G. Ensure that children from birth until 6 years of age who are referred to the Child Development Services System also receive appropriate referrals for support outside of the system, including appropriate public and private programmatic resources, regardless of the child's eligibility for early intervention or free, appropriate public education.

 

3-B. Provision of services by school administrative units.  Regional sites shall collaborate with school administrative units when possible.  School administrative units may assume responsibility for providing special education and related services to children 3 years of age to under 6 years of age by submitting a letter of intent and proposed implementation plan to the Commissioner for approval.  School administrative units serving students from 3 to under age 6 shall receive funding  through a mechanism established by the commissioner pursuant to section 7209, sub-section 1, paragraph B-1.

 

4. Director of early childhood special education.  The commissioner shall appoint and supervise a director of early childhood special education. The director has the following powers and duties:

 

A. To administer the state intermediate educational unit established under subsection 3. The director shall develop operating policies and establish organizational and operational procedures that include supervision, monitoring, data and accountability structures;

 

A-1.  To oversee the operation of the regional sites;

 

B. To develop statewide policies and procedures for carrying out federal and state laws and rules relating to child find, early intervention services and the provision of a free, appropriate public education to children from birth to under 6 years of age;

 

C. To provide training in federal and state laws, regulations, rules and policies relating to child find as provided in 20 United States Code, Section 1412 (a) (3), early intervention services and the provision of a free, appropriate public education to children from birth to under 6 years of age and to conduct regular file reviews to determine compliance with federal and state laws, regulations, rules and policies and conduct training and provide technical assistance where deficiencies are found; and

 

D. To report annually to the council and to the joint standing committee of the Legislature having jurisdiction over education and cultural affairs on the performance of the Child Development Services System. This report may include information on any expansions of the connections of child find and service delivery with school administrative units, with the Department of Health and Human Services and with medical providers. This report may include information on any expansion of the connection of child find with nurse midwives. This report may include information on the number of children screened in the programs in Title 22, sections 1532, 8824 and 8943, the number of such children referred to the Child Development Services System who were found eligible for early intervention and the number of such children referred to the Child Development Services System who were found ineligible for early intervention. This report may also include information on annual performance over at least a 5-year period of each individual regional site and of the entire Child Development Services System; may benchmark performance against state and national standards; may include information about performance in child find, service delivery, service coordination, eligibility and exit data for children leaving the Child Development Services System; and may describe strategies that the Child Development Services System has undertaken to maximize the usage of a broad base of community resources including private providers, public schools, resources from other agencies and other available resources serving children and families. The report must be publicly posted on the website of the department.

 

5. Regional site board of directors.  A board of directors of a regional site is responsible for governance of its activities, including the management and oversight of its general operations. Membership must include representatives of the regional offices of the Department of Health and Human Services, representatives of participating school administrative units, parents of children with disabilities and other community members as determined appropriate. A regional site board member or a board member's employer may not, during the term for which the member serves on the board, derive any revenue from work performed for the Child Development Services System. A representative of a participating school administrative unit whose participation in the Child Development Services System is limited to work performed for the school administrative unit is exempt from the requirements of this subsection. Terms of membership and methods of appointment or election for each board of directors must be determined by the board of directors' bylaws, subject to approval by the department.

 

6. Regional site board of directors; annual entitlement plan; site budget approval.  A board of directors of a regional site is entitled to receive annual grant award allocations that are approved by the department in accordance with the approval provisions for the annual entitlement plan and the budget for a regional site pursuant to subsection 1, paragraph B.

 

7. Regional site; administration.  A board of directors of a regional site shall:

 

A. Hire, fire and supervise the staff of the regional site according to the job classifications, pay scales and personnel policies established by the state intermediate educational unit established under subsection 3;

 

B. Enter into contracts, leases and agreements and any other instruments and arrangements that are necessary, incidental or convenient to the performance of its duties and the execution of its powers under this chapter, using forms and procedures developed by the department;

C. Ensure data entry and reporting ; and

 

D. Provide fiscal management of money allocated to it, in compliance with federal and state laws and subject to proof of an annual audit.

 

8. Regional site; duties and obligations.  A board of directors of a regional site shall:

 

A. Ensure provision of child find activities as required by the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.;

 

B. Ensure provision of childcount activities as required by the federal Individuals with

Disabilities Education Act, 20 United States Code, Section 1400 et seq.;

 

C. Ensure appropriate data collection, training, staff development and direct service provision to eligible children with disabilities, from birth to under 3 years of age, in accordance with Part C of the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq.;

 

D. Ensure that eligible children with disabilities, from birth to under 3 years of age, receive early intervention services, in accordance with the payment provisions established by the State;

 

E. Ensure that eligible children with disabilities, from 3 years of age to under 6 years of age, receive free, appropriate public education services, in collaboration with school administrative units when possible;

 

F. Coordinate with eligible families the development of individualized family service plans for children with disabilities from birth to 2 years of age or coordinate an individualized education program for a child 3 years of age to under 6 years of age unless an individualized family service plan is preferred;

 

G. Designate local personnel for training to commit funds for free, appropriate public education. Personnel who commit funds for free, appropriate public education must be trained and certified by the state intermediate educational unit established under subsection 3. The board of directors of a regional site shall determine and designate which trained and certified personnel may commit funds; and

 

H. Ensure that children from birth until 6 years of age who are referred to the Child Development Services System also receive appropriate referrals for support outside of the system, including appropriate public and private programmatic resources, regardless of the child's eligibility for early intervention or free, appropriate public education.

 

All regional site employees and board of directors members of a regional intermediate education unit are employees for purposes of the Maine Tort Claims Act.

 

 

SUMMARY

PART OO

 

This Part adds statutory provisions making the commissioner or commissioner’s designee responsible for developing and implementing a funding mechanism for the operation of the state intermediate educational unit and the delivery of services to eligible children with disabilities from birth to under 6 years of age; makes program functions a responsibility of the state intermediate educational unit; includes language that supports collaboration between the regional sites and the school administrative units; deletes the governing boards of directors; and gives the responsibility for oversight of the operations of the regional sites to the Director of Early Childhood Special Education.

 


PART PP

 

Sec.  PP-1.  Transfer; unexpended funds; Bureau of Revenue Services Fund. Notwithstanding any other provision of law, the State Controller shall transfer $450,000 by June 30, 2012  in unexpended funds from the Bureau of Revenue Services Fund, Internal Service Fund account in the Department of Administrative and Financial Services to General Fund unappropriated surplus.

 

 

SUMMARY

PART PP

 

 

            This Part requires the State Controller to transfer $450,000 from the Bureau of Revenue Services Fund, Internal Service Fund account to General Fund unappropriated surplus by June 30, 2012.


PART QQ

 

Sec.  QQ-1.  36 MRSA §111, sub-§7, as amended by PL 1997, c. 526, §6, is further amended to read:

 

7. Taxpayer.  "Taxpayer" means any person required to file a return under this Title or to pay, withhold and pay over or collect and pay over any tax imposed by this Title. For the purposes of sections 171, 175-A and 176-A, "taxpayer" also means any person obligated to the State for the payment of a fee, fine, penalty or other obligation to the State provided for by law, if this obligation is subject to collection by the assessor pursuant to an agreement entered into by the bureau and another agency of the State. "Taxpayer" also means any pass-through entity doing business in the State or having a Maine resident member, including an S corporation, general partnership, limited partnership, limited liability partnership, limited liability company or similar entity that is not taxed as a C corporation for federal tax purposes.

 

Sec.  QQ-2.  36 MRSA §187-B, sub-§1-A, as enacted by PL 2007, c. 437, §3 and affected by §22, is repealed.

 

Sec.  QQ-3.  36 MRSA §5102, sub-§10, as amended by PL 1999, c. 414, §39, is further amended to read:

 

10. Taxable corporation.  "Taxable corporation" means, for any taxable year, a corporation that, at any time during that taxable year, realized Maine net income. and "Taxable corporation" includes any S corporation with realized Maine net income that is required by section 5241 to file a return and that is subject to federal tax under the Code, Sections 1374 and 1375.

 

Sec.  QQ-4.  36 MRSA §5222, sub-§6, as enacted by P&S 1969, c. 154, §F, is repealed.

 

Sec.  QQ-5.  36 MRSA §5241, as amended by PL 1997, c. 746, §23 and affected by §24, is repealed.

 

Sec.  QQ-6.  36 MRSA §5245, as amended by PL 2007, c. 240, Pt. V, §14 and affected by §15, is repealed.

 

Sec.  QQ-7.  Application.  This Part applies to tax years beginning on or after January 1, 2012. 

 

 

SUMMARY

PART QQ

 

This Part repeals the filing requirement of information returns by pass-through entities (partnerships/S corporations).  It also amends the definition of “taxpayer” to include pass-through entities in order to provide the State Tax Assessor the ability to audit a pass-through entity even if the entity does not have a Maine filing requirement.  This is especially needed in cases where the owners of an entity have a Maine filing obligation.  This Part also makes technical changes to Maine’s tax law to reflect the proposed changes.  This Part applies to tax years beginning on or after January 1, 2012.  


 

PART RR

 

Sec.  RR-1. 36 MRSA §5122, sub-§2, ¶M, as amended by PL 2005, c. 218, §53 is further amended to read:

 

M. For each individual who is a primary recipient of pension retirement plan benefits under an employee retirement plan or an individual retirement account, an amount that is the lesser of:

 

(1) Six thousand dollars the pension deduction amount reduced by the total amount of the individual's social security benefits and railroad retirement benefits paid by the United States, but not less than $0. The reduction does not apply to benefits paid under a military retirement plan; or

 

(2) The aggregate of pension retirement plan benefits under employee retirement plans or individual retirement accounts included in the individual's federal adjusted gross income.

 

For purposes of this paragraph, the following terms have the following meanings.  “Pension deduction amount” means $10,000 for taxable years beginning in 2014 and increased by $5,000 for each succeeding taxable year until that amount reaches $35,000 for taxable years beginning in 2019 and thereafter adjusted annually by the pension adjustment factor in accordance with section 5404. "Primary recipient" means the individual upon whose earnings or contributions the employee retirement plan benefits are based or the surviving spouse of that individual.  "Pension benefits" “Retirement plan benefits” means employee retirement plan benefits, except pick-up contributions for which a subtraction is allowed under paragraph E, reported as pension or annuity income for federal income tax purposes and individual retirement account benefits reported as individual retirement account distributions for federal income tax purposes.  "Employee retirement plan" means a state, federal or military retirement plan or any other retirement benefit plan established and maintained by an employer for the benefit of its employees under the Code, Section 401(a), Section 403 or Section 457(b), except that distributions made pursuant to a Section 457(b) plan are not eligible for the deduction provided by this paragraph if they are made prior to age 55 and are not part of a series of substantially equal periodic payments made for the life of the primary recipient or the joint lives of the primary recipient and that recipient's designated beneficiary. "Employee Individual retirement plan" does not include means an individual retirement account under Section 408 of the Code, a Roth IRA under Section 408A of the Code, a rollover individual retirement account, a simplified employee pension under Section 408(k) of the Code or a savings incentive match plan for employees under Section 408(p).  or an ineligible deferred compensation plan under Section 457(f) of the Code.  Pension “Retirement plan benefits under an employee retirement plan do not include distributions that are subject to the tax imposed by the Code, Section 72(t).  "Military retirement plan" means benefits received as a result of service in the active or reserve components of the Army, Navy, Air Force, Marines or Coast Guard;

 

Sec.  RR-2.  36 MRSA §5402, sub-§1-C is enacted to read:

 

1-C. Pension adjustment factor.  The "pension adjustment factor" means one plus the annualized cost-of-living adjustment for Social Security retirement benefits payable for the calendar year during which the tax year begins.

 

Sec.  RR-3. 36 MRSA §5404 is enacted to read:

§5404. Annual adjustment to subtraction modification for pension benefits 

Beginning in 2019, and each subsequent calendar year thereafter, on or about December 1st, the State Tax Assessor shall determine and publish the adjustment to the subtraction modification for pension benefits as follows.  The State Tax Assessor shall multiply the pension adjustment factor for taxable years beginning in the succeeding calendar year by the dollar amount of the pension deduction amount determined in accordance with section 5122, subsection 2, paragraph M for the current year.  The result must be rounded to the nearest $50 and applies to taxable years beginning in the succeeding calendar year.

 

Sec.  RR-4.  Application.  Section 1 of this Part applies to tax years beginning on or after January 1, 2014.

 

 

SUMMARY

PART RR

 

This Part amends the pension income tax subtraction modification to raise the $6,000 limit to $10,000 for tax years beginning in 2014 and adjusts that amount by $5,000 increments for succeeding tax years until it reaches $35,000 for tax years beginning in 2019.  The deduction is increased for tax years beginning after 2019 by multiplying the deduction amount annually by the pension adjustment factor.  The pension adjustment factor is the annual cost-of-living-adjustment for Social Security.  The subtraction modification is expanded to include all federally taxable pension income, annuity income and individual retirement account distributions, except pick-up contributions for which a deduction has been allowed. 

 


PART SS

 

Sec. SS -1.  5 MRSA §943, sub-1, ¶E, as amended by PL 1983, c. 862, §15, is further amended to read:

 

E. Assistant to the Commissioner for Public Affairs;  Director of Legislative Affairs;

 

 

SUMMARY

PART SS

 

This Part changes the position title for the Assistant to the Commissioner for Public Affairs to the Director of Legislative Affairs within the Department of Labor.

 


PART TT

 

Sec.  TT-1. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account.  On or before August 1, 2012, the State Controller shall transfer $32,555 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Resource Management Services - Inland Fisheries and Wildlife program, General Fund account and transfer $32,555 from the Inland Fisheries and Wildlife Carrying Balances - General Fund account to the Fisheries and Hatcheries Operations program, General Fund account to partially fund the reorganization of three positions that are included in the retirement incentive program to Biologist II positions.

 

 

SUMMARY

PART TT

 

            This Part authorizes the State Controller to transfer funds from the Inland and Fisheries Carrying Balances – General Fund account to partially fund the reorganization of three positions that were included in the retirement incentive program.

 


PART UU

Sec.  UU-1.  Lapsed balances; Veterans Tax Reimbursement account; General Fund. Notwithstanding any other provision of law, $55,798 of unencumbered balance forward in the All Other line category in the Veterans Tax Reimbursement General Fund account in the Department of Administrative and Financial Services lapses to the General Fund in fiscal year 2011-12.

 

Sec.  UU-2. Lapsed balances; Veterans’ Organizations Tax Reimbursement account; General Fund. Notwithstanding any other provision of law, $5,766 of unencumbered balance forward in the All Other line category from the Veterans’ Organizations Tax Reimbursement General Fund account in the Department of Administrative and Financial Services lapses to the General Fund in fiscal year 2011-12.

 

SUMMARY

PART UU

 

            This Part does the following:

            It lapses $55,798 from the unencumbered balance of the Veterans Tax Reimbursement General Fund account in the Department of Administrative and Financial Services to the General Fund in fiscal year 2011-12.

            It lapses $5,766 from the unencumbered balance in the Veterans Organizations Tax Reimbursement General Fund account in the Department of Administrative and Financial Services to the General Fund in fiscal year 2011-12.


 

PART VV

 

Sec.  VV-1. Transfer of funds; Fund for a Healthy Maine. Notwithstanding any other provision of law, the State Controller shall transfer $3,858,368 no later than June 30, 2012 and $358,409 no later than June 30, 2013 from the Fund for a Healthy Maine to the unappropriated surplus of the General Fund.

 

 

SUMMARY

PART VV

 

            This part requires the State Controller to transfer $3,858,368 in fiscal year 2011-12 and $358,409 in fiscal year 2012-13 from the Fund for a Healthy Maine to the General Fund unappropriated surplus.

 


PART WW

 

            Sec.  WW-1.  25 MRSA §2396, 1st ¶, as amended by PL 1997, c. 728, §18 is further amended to read:

 

The Office of the State Fire Marshal is established as a bureau within the Department of Public Safety. The Commissioner of Public Safety, with the advice and consent of the Governor and subject to review by the joint standing committee of the Legislature having jurisdiction over criminal justice matters and to confirmation by the Legislature, shall appoint as State Fire Marshal a person experienced in fire prevention work, who may be removed for cause by the commissioner. to serve for a term of 4 years unless removed for cause. The State Fire Marshal may be removed by impeachment or by the Governor on the address of both branches of the Legislature.  The Commissioner of Public Safety or the commissioner's designee shall appoint, subject to the Civil Service Law, such investigators, inspectors and other employees as are necessary to carry out the duties assigned to the office. The State Fire Marshal and the Commissioner of Public Safety or the commissioner's designee have all of the duties and responsibilities assigned to the office.

 

SUMMARY

PART WW

 

            This Part amends the provisions for the appointment of the State Fire Marshal such that the appointment is made with the consent of the Governor for a term of 4 years, is subject to confirmation by the Legislature and it further clarifies circumstances for removal from the appointment.

 

 


PART XX

Sec.  XX-1.  Personnel Services savings; transfer to General Fund. Notwithstanding the Maine Revised Statutes, Title 5, section 1582, subsection 4 or any other provision of law, the State Controller is authorized to transfer the first $6,600,000 of unexpended Personnel Services appropriations that would otherwise lapse to the Salary Plan program in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund at the close of fiscal year 2011-12.

Sec.  XX-2.  General Fund Salary Plan; transfer to General Fund. Notwithstanding any other provision of law, the State Controller is authorized to transfer up to $6,600,000 from the Salary Fund program in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund at the close of fiscal year 2011-12 in the event that the total savings in section 1 of this Part are not achieved.

 

SUMMARY

PART XX

This Part requires the State Controller to transfer the first $6,600,000 of unexpended Personnel Services savings that would otherwise lapse to the Salary Plan program to General Fund unappropriated surplus at the close of fiscal year 2011-12. This Part also allows the State Controller to transfer funding from the Salary Plan program to General Fund unappropriated surplus in the event that the full $6,600,000 of Personnel Services savings in this Part is not achieved.


 

PART YY

Sec.   YY-1.  Lapsed balances; Agricultural Vitality Program – Carrying Account; General Fund. Notwithstanding any other provision of law, $6,072 of unencumbered balance forward in the All Other line category in the Agricultural Vitality Program – Carrying Account General Fund account in the Department of Agriculture, Food and Rural Resources lapses to the General Fund in fiscal year 2011-12.

 

Sec.  YY-2.  Lapsed balances; Maine Farms for the Future Program; General Fund.  Notwithstanding any other provision of law, $300,000 of unencumbered balance forward in the All Other line category in the Maine Farms for the Future Program General Fund account in the Department of Agriculture, Food and Rural Resources lapses to the General Fund in fiscal year 2011-12.

 

SUMMARY

PART YY

 

This Part does the following:

            It lapses $6,072 from the unencumbered balance of the Agricultural Vitality Program – Carrying Account General Fund account in the Department of Agriculture, Food and Rural Resources to the General Fund in fiscal year 2011-12.

            It lapses $300,000 from the unencumbered balance in the Maine Farms for the Future Program General Fund account in the Department of Agriculture, Food and Rural Resources to the General Fund in fiscal year 2011-12.


PART ZZ

Sec.  ZZ-1.  Attrition savings.   Notwithstanding any other provision of law, the attrition rate for fiscal year 2012-13 only is increased from 5.0% to 6.0% for executive branch departments and agencies and the judicial branch.

Sec.  ZZ-2.  Calculation and transfer; General Fund; attrition savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part A of this Act that applies against each General Fund account for executive branch departments and agencies statewide and the judicial branch as a result of attrition savings. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2012-13.

 

SUMMARY

PART ZZ

 

This Part increases the attrition rate for fiscal year 2012-13 only from 5% to 6%.  It also requires the State Budget Officer to calculate the savings in Part A of the Act and transfers the savings by financial order upon approval of the Governor.

 


PART AAA

 

Sec.  AAA-1.  5 MRSA §1581, sub-§4, as amended by PL 2011, c. 1, Pt. S, §1 is further amended to read:

 

4. Use of savings; Personnel Services funds.  Savings accrued from unused funding of employee benefits may not be used to increase services provided by employees. Accrued salary savings generated within an appropriation or allocation for Personnel Services may be used for the payment of nonrecurring Personnel Services costs only within the account where the savings exist. Accrued savings generated from vacant positions within a General Fund account's appropriation for Personnel Services may be used to offset Personnel Services shortfalls in other General Fund accounts that occur as a direct result of Personnel Services appropriation reductions for projected vacancies, and accrued savings generated within a Highway Fund account's allocations for Personnel Services may be used to offset Personnel Services shortfalls in other Highway Fund accounts that occur as a direct result of Personnel Services allocation reductions for projected vacancies; except that the transfer of such accrued savings is subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Costs related to acting capacity appointments and emergency, unbudgeted overtime for which it is impractical to budget in advance may be used with the approval of the appointing authority. Other actions such as retroactive compensation for reclassifications or reallocations and retroactive or one-time settlements related to arbitrator or court decisions must be recommended by the department or agency head and approved by the State Budget Officer. Salary and employee benefits savings may not be used to fund recurring Personnel Services actions either in the account where the savings exist or in another account. At the close of each fiscal year, except for the Division of Forest Protection account within the Department of Conservation, the Disproportionate Share - Riverview Psychiatric Center and the Disproportionate Share - Dorothea Dix Psychiatric Center accounts within the Department of Health and Human Services and the Education in the Unorganized Territory account within the Department of Education, any unexpended General Fund Personnel Services appropriations to executive branch agencies including accounts that are authorized to carry unexpended balances forward must lapse to the Salary Plan program, General Fund account in the Department of Administrative and Financial Services.

Sec.  AAA-2.  34-B MRSA §1409, sub-§9, as enacted by PL 1983, c. 459, sub-§7 is amended to read:

9Benefit payments.  The chief administrative officer of any state institution may receive as payee any benefits from social security, veterans' administration, railroad retirement or any other like benefits paid on behalf of any resident.

A. The chief administrative officer shall apply the benefits toward deposit any such funding received for the care and treatment of the resident in accordance with charges made by the department as General Fund undedicated revenue.

B. Any surplus from the payments shall be held in a personal account at the hospital in the name of the resident and shall be available for the resident's personal needs.

Sec.  AAA-3.  34-B MRSA §1409, sub-§13, as amended by PL 2005, c. 256, §4 is repealed.

Sec.  AAA-4.  34-B MRSA §1409, sub-§14, as revised by PL 2005, c. 236, §3 is repealed.   

Sec.  AAA-5.  34-B MRSA §1409, sub-§15, as amended by PL 2011, c. 1, Pt. S, §2 is further amended to read:

15General Fund accounts; disproportionate share hospital match.  The commissioner shall establish General Fund accounts to provide the General Fund match for eligible disproportionate share hospital components in the provide for the care and treatment of residents of the Riverview Psychiatric Center and the Dorothea Dix Psychiatric Center. Any unencumbered balances of General Fund appropriations remaining at the end of each fiscal year must be carried forward to be used for the same purposes. Available unencumbered balances at the end of each fiscal year in the Personnel Services line category of the accounts may be transferred to the All Other line category by financial order upon the recommendation of the State Budget Officer and approval of the Governor.  Reimbursement received from the Medicaid program for disproportionate share hospital match shall be deposited in the General Fund as undedicated revenue.

Sec.  AAA-6.  Department of Health and Human Services; State psychiatric centers; transfers and adjustments to position count.  The Commissioner of Health and Human Services shall review the current organizational structure to improve organizational efficiency and cost-effectiveness within the State’s psychiatric centers.  Notwithstanding any other provision of law, the State Budget Officer is authorized to transfer position counts and available balances by financial order in order to achieve the purposes of this section. In accordance with the requirements of the Maine Revised Statutes, Title 5, section 1585, a financial order describing such a transfer must be submitted by the Department of Administrative and Financial Services, Bureau of the Budget to the Office of Fiscal and Program Review 30 days before a transfer is to be implemented.  In the case of extraordinary emergency transfers, the 30-day prior submission requirement may be waived by vote of the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs.  Any transfer or adjustment pursuant to this section that would result in a program or mission change must be reported to the joint standing committee of the Legislature having jurisdiction over health and human services matters for review before the associated financial order is submitted to the Governor for approval.  These transfers are considered adjustments to authorized position count, appropriations and allocations.

 

SUMMARY

PART AAA

            This Part does the following:

            It revises the authority to carry unexpended Personnel Services balances to reflect the accounts in which the positions of Dorothea Dix Psychiatric Center and Riverview Psychiatric Center are authorized.

It requires that any revenue received from the Medicaid, Medicare or other payers for the care or treatment of residents at the Riverview Psychiatric Center or the Dorothea Dix Psychiatric Center must be deposited as General Fund undedicated revenue.

            It repeals provisions related to special revenue accounts at the 2 centers.

It provides the Commissioner of the Department of Health and Human Services the authority to transfer positions and available balances between the State psychiatric centers to improve the organization efficiency and cost-effectiveness of the centers.  The transfers are made by financial order and are adjustments to authorize position count, appropriations and allocations.


PART BBB

 

Sec.  BBB-1.  36 MRSA §5122, sub-§2, ¶KK is enacted to read:

 

KK. To the extent included in federal adjusted gross income, an amount equal to military compensation earned for service pursuant to written military orders during the taxable year not performed in this State.  For the purposes of this paragraph, “military compensation” means active duty pay received as a result of service in the active or reserve components of the United States Army, Navy, Air Force, Marines or Coast Guard, including active state service as defined in Title 37-B, section 101-A, subsection 1;

 

 

Sec.  BBB-2.  Application.  This Part applies to tax years beginning on or after January 1, 2014.

 

 

SUMMARY

PART BBB

 

This Part exempts from Maine income tax active duty military pay earned outside of Maine for service performed pursuant to written orders during tax years beginning on or after January 1, 2014. 

 

 

 


PART CCC

 

Sec.  CCC-1. 36 MRSA §1752, sub-§9-E is enacted to read:

9-E. Positive airway pressure equipment and supplies.  “Positive airway pressure equipment and supplies” means continuous positive air pressure and bi-level positive air pressure equipment and supplies, repair parts and replacement parts for such equipment, used in respiratory ventilation.

 

Sec.  CCC-2. 36 MRSA §1752, sub-§11, ¶B, as amended by PL 2011, c. 209 §1 and affected by §5, is further amended to read:

 

B. "Retail sale" does not include:

(1) Any casual sale;

(2) Any sale by a personal representative in the settlement of an estate unless the sale is made through a retailer or the sale is made in the continuation or operation of a business;

(3) The sale, to a person engaged in the business of renting automobiles, of automobiles, integral parts of automobiles or accessories to automobiles, for rental or for use in an automobile rented for a period of less than one year. For the purposes of this subparagraph, "automobile" includes a pickup truck or van with a gross vehicle weight of less than 26,000 pounds;

(4) The sale, to a person engaged in the business of renting video media and video equipment, of video media or video equipment for rental;

(5) The sale, to a person engaged in the business of renting or leasing automobiles, of automobiles for rental or lease for one year or more;

(6) The sale, to a person engaged in the business of providing cable or satellite television services, of associated equipment for rental or lease to subscribers in conjunction with a sale of extended cable or extended satellite television services;

(7) The sale, to a person engaged in the business of renting furniture or audio media and audio equipment, of furniture, audio media or audio equipment for rental pursuant to a rental-purchase agreement as defined in Title 9‑A, section 11‑105;

(8) The sale of loaner vehicles to a new vehicle dealer licensed as such pursuant to Title 29‑A, section 953;

(9) The sale of automobile repair parts used in the performance of repair services on an automobile pursuant to an extended service contract sold on or after September 20, 2007 that entitles the purchaser to specific benefits in the service of the automobile for a specific duration;

(10) The sale, to a retailer that has been issued a resale certificate pursuant to section 1754‑B, subsection 2‑B or 2-C, of tangible personal property for resale in the form of tangible personal property, except resale as a casual sale;

(11) The sale, to a retailer that has been issued a resale certificate pursuant to section 1754‑B, subsection 2‑B or 2-C, of a taxable service for resale, except resale as a casual sale;

(12) The sale, to a retailer that is not required to register under section 1754‑B, of tangible personal property for resale outside the State in the form of tangible personal property, except resale as a casual sale;

(13) The sale, to a retailer that is not required to register under section 1754‑B, of a taxable service for resale outside the State, except resale as a casual sale; or

(14) The sale of repair parts used in the performance of repair services on telecommunications equipment as defined in section 2551, subsection 19 pursuant to an extended service contract that entitles the purchaser to specific benefits in the service of the telecommunications equipment for a specific duration. ; or

(15)  The sale, to a person engaged in the business of renting positive airway pressure equipment, of positive airway pressure equipment and supplies for rental for personal use.

 

Sec.  CCC-3. 36 MRSA §1760, sub-§94 is enacted to read:

94. Positive airway pressure equipment and supplies. Positive airway pressure equipment and supplies sold or leased for personal use.

 

            Sec.  CCC-4.  Application. Those sections of this act that enact the Maine Revised Statutes, section 1752, subsection 9-E and section 1760, subsection 94 and amend section 1752, subsection 11, paragraph B apply to sales occurring on or after January 1, 2012.

 

 

SUMMARY

PART CCC

 

This Part enacts new sales and use tax exemptions for positive airway pressure equipment used in respiratory ventilation and for supplies, repair parts and replacement parts for such equipment.

 


 

PART DDD

 

                  Sec.  DDD-1.  36 MRSA §1760, sub-§7-B, as amended by PL 2009, c. 422, §1, is further amended to read:

7-B. Products used in commercial agricultural and silvicultural crop production.  Sales of seed, fertilizers, defoliants and pesticides, including, but not limited to, rodenticides, insecticides, fungicides and weed killers, for use in the commercial agricultural production as defined in section 2013 of an agricultural or silvicultural crop.

           

                  Sec. DDD-2.  36 MRSA §2013, as amended by PL 2011, c. 380, Pt. EEEE, §3, is further amended to read:

§2013.  Refund of sales tax on depreciable machinery and equipment purchases

1.   Definitions. As used in this section, unless the context otherwise indicates, the following words have the following meanings.

A.  “Commercial agricultural production” means commercial production of crops for human and animal consumption, including the commercial production of sod, an agricultural composting operation as defined in Title 7, section 152, subsection 1, the commercial production of seed to be used primarily to raise crops for nourishment of humans or animals and the production of livestock, including the removal and storage of manure from that livestock crops, plants, trees, compost, and livestock.  

A-1.     Commercial aquacultural production” means the commercial production of cultured fish, shellfish, seaweed or other marine plants for human and animal consumption, including:

(1)  All cultivating activities occurring at hatcheries or nurseries, from the egg, larval or spore stages to the transfer of the product to a growing site; and

 

(2)  All cultivating activities occurring on water, from the receipt of fish, shellfish, seaweed or other marine plants from onshore facilities to the delivery of harvested products to onshore facilities for processing.

 

B.  Commercial fishing” means attempting to catch fish or any other marine animals or organisms with the intent of disposing of them for profit or trade in commercial channels and does not include subsistence fishing for personal use, sport fishing or charter boat fishing where the vessel is used for carrying sport anglers to available fishing grounds.

B-1. “Commercial wood harvesting” means the commercial severance and yarding of trees for sale or for processing into logs, pulpwood, bolt wood, wood chips, stud wood, poles, pilings, biomass or fuel wood or other products commonly known as forest products. 

C.  Depreciable machinery and equipment” Except as otherwise provided by this paragraph, “depreciable machinery and equipment” means that part of the following machinery and equipment for which depreciation is allowable under the Code and repair parts for that machinery and equipment:

(1) New or used machinery and equipment for use directly and primarily in commercial agricultural production, including self-propelled vehicles, but excluding motor vehicles as defined in section 1752, subsection 7; attachments and equipment for the production of field and orchard crops; new or used machinery and equipment for use directly and primarily in production of milk, animal husbandry and production of livestock, including poultry; new or used machinery and equipment used in the removal and storage of manure; and new or used machinery and equipment not used directly and primarily in commercial agricultural production, but used to transport potatoes from a truck into a storage location;

 

(2)  New or used watercraft, nets, traps, cables, tackle and related equipment necessary to and used directly and primarily in the operation of a commercial fishing venture, but excluding motor vehicles as defined in section 1752, subsection 7; or

 

(3)  New or used watercraft, machinery or equipment used directly and primarily for commercial aquacultural production, including, but not limited to: nets; ropes; cables; anchors and anchor weights; shackles and other hardware; buoys; fish tanks; fish totes; oxygen tanks; pumping systems; generators; water-heating systems; boilers and related pumping systems; diving equipment; feeders and related equipment; power-generating equipment; tank water-level sensors; aboveground piping; water-oxygenating systems; fish-grading equipment; safety equipment; and sea cage systems, including walkways and frames, lights, netting, buoys, shackles, ropes, cables, anchors and anchor weights; but excluding motor vehicles as defined in section 1752, subsection 7.; and

 

(4)  New or used machinery and equipment for use directly and primarily in commercial wood harvesting including, but not limited to, chain saws, skidders, delimbers, forwarders, slashers, feller bunchers, and wood chippers.

“Depreciable machinery and equipment” does not include a motor vehicle as defined in section 1752, subsection 7 or a trailer as defined in section 1752, subsection 19-A.

2.   Refund authorized.  Any person, association of persons, firm or corporation that purchases electricity, or that purchases or leases depreciable machinery or equipment, for use in commercial agricultural production, commercial fishing, or commercial aquacultural production or commercial wood harvesting or that purchases fuel for use in a commercial fishing vessel must be refunded the amount of sales tax paid upon presenting to the State Tax Assessor evidence that the purchase is eligible for refund under this section.

Evidence required by the assessor may include a copy or copies of that portion of the purchaser's or lessee's most recent filing under the United States Internal Revenue Code that indicates that the purchaser or lessee is engaged in commercial agricultural production, commercial fishing, or commercial aquacultural production or commercial wood harvesting and that the purchased machinery or equipment is depreciable for those purposes or would be depreciable for those purposes if owned by the lessee.

In the event that any piece of machinery or equipment is only partially depreciable under the United States Internal Revenue Code, any reimbursement of the sales tax must be prorated accordingly.  In the event that electricity or fuel for a commercial fishing vessel is used in qualifying and nonqualifying activities, any reimbursement of the sales tax must be prorated accordingly.

Application for refunds must be filed with the assessor within 36 months of the date of purchase or execution of the lease.

3.   Purchases made free of tax with certificate.  Sales tax need not be paid on the purchase of electricity, fuel for a commercial fishing vessel or a single item of machinery or equipment if the purchaser has obtained a certificate from the assessor stating that the purchaser is engaged in commercial agricultural production, commercial fishing, or commercial aquacultural production or commercial wood harvesting and authorizing the purchaser to purchase electricity, fuel for a commercial fishing vessel or depreciable machinery and equipment without paying Maine sales tax.  The seller is required to obtain a copy of the certificate together with an affidavit as prescribed by the assessor, to be maintained in the seller’s records, attesting to the qualification of the purchase for exemption pursuant to this section.  In order to qualify for this exemption, the electricity, fuel for a commercial fishing vessel or depreciable machinery or equipment must be used directly in commercial agricultural production, commercial fishing, or commercial aquacultural production or commercial wood harvesting.  In order to qualify for this exemption, the electricity or fuel for a commercial fishing vessel must be used in qualifying activities, including support operations.

4.   Information on processes for refunds and appeals.  The assessor shall post information describing the process for requesting a refund under this section on the bureau’s publicly accessible website along with a description of the process to appeal a denial of refund request.

Sec. DDD-3.  Application.  The sections of this Part that amend the Maine Revised Statutes, Title 36, section 1760, sub-section 7, paragraph B and section 2013 apply to purchases made on or after January 1, 2013.

 

 

SUMMARY

PART DDD

This Part expands the scope of Title 36, Section 2013, which provides for the refund of sales tax on purchases of depreciable machinery and equipment used for commercial agriculture and certain other purposes, to include items used in commercial wood harvesting and in the commercial production of greenhouse and nursery products.


PART EEE

Sec.  EEE-2.  Calculation and transfer; General Fund; business communications lines savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in Part A of this Act that applies against each General Fund account for executive branch departments and agencies statewide and the judicial branch as a result of lowered costs of business communications lines. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2011-12 and 2012-13.

 

SUMMARY

PART EEE

 

This Part requires the State Budget Officer to calculate the savings in Part A of the Act related to lowered costs of business communications lines and transfers the savings by financial order upon approval of the Governor.

 

 


PART FFF

 

Sec.  FFF-1.  20-A MRSA §852, sub-§3, as amended by PL 2009, c. 62, §1, is further amended to read:

 

3. Transfer of assets and liabilities.  The University of Maine System may transfer any assets and liabilities acquired pursuant to this section in order to unify operation in a nonprofit, nonstock private corporation, referred to in this section as "the corporation." The University of Maine System retains a reversionary interest in the university's assets as provided for in the articles of incorporation of that corporation. An annual appropriation for operating, constructing, equipping, maintaining, improving and replacing facilities of the corporation must be made in amounts sufficient to ensure may be made for the delivery of broadcast sources throughout the State.

 

 

SUMMARY

PART FFF

 

            This Part replaces the requirement that an annual appropriation be provided to ensure the delivery of statewide broadcast sources with language that permits such an appropriation.

 


PART GGG

 

Sec.  GGG-1.  PL 2011, c. 380, Pt. JJJ, §1, as amended by PL 2011, c. 477, Part HH, §1, is further amended to read:

Sec. JJJ-1. Transfer from Other Special Revenue Funds to unappropriated surplus of the General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $103,500,000 $91,000,000 on June 30, 2012 from Other Special Revenue Funds to the unappropriated surplus of the General Fund. On July 1, 2012, the State Controller shall transfer $103,500,000 $91,000,000 from the General Fund unappropriated surplus to Other Special Revenue Funds as repayment. This transfer is considered an interfund advance.

 

SUMMARY

PART GGG

 

            This Part reduces the interfund advance from Other Special Revenue Funds to the General Fund unappropriated surplus required for one day at the end of fiscal year 2011-12 from $103,500,000 to $91,000,000.

 


PART HHH

 

Sec.   HHH-1. 5 MRSA §1591, sub-§1, as enacted by PL 2005, c.12, Pt. GGGG, §2, is amended to read:

 

§1591. Remaining balances of nonlapsing funds

 

1. Department of Administrative and Financial Services.  The Department of Administrative and Financial Services must apply:

 

A. Any balance remaining in the Salary Plan program in the Department of Administrative and Financial Services at the end of any fiscal year to be carried forward for the next fiscal year; and

 

B. Any balance remaining in the General Fund Capital, Construction, Repairs, Improvements - Administrative Capital Construction/Repairs/Improvements – Administration program in the Department of Administrative and Financial Services at the end of any fiscal year to be carried forward for the next fiscal year.

 

C. Any balance remaining in the Debt Service - Government Facilities Authority program at the end of any fiscal year to be carried forward for the next fiscal year.

 

 

SUMMARY

PART HHH

 

This Part allows any General Fund balances remaining in the Debt Service-Government Facilities Authority program to be carried forward for use in the next fiscal year.

 


PART III

Sec.    III-1. Calculation and transfer; General Fund savings; Central Administration. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in the Statewide – Service Center account in Part A of this Act that applies against each General Fund account for executive branch departments and independent agencies statewide from implementing a decrease in charges made by the Department of Administrative and Financial Services, Division of Financial and Personnel Services for its services. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2011-12 and 2012-13.

 

SUMMARY

PART III

 

            This Part requires the State Budget Officer to calculate the savings from a decrease in charges made by the Department of Administrative and Financial Services, Division of Financial and Personnel Services for its services and transfer those savings by financial order upon the approval of the Governor.

 


PART JJJ

          Sec.  JJJ-1.  PL 2011, c. 477, Part U, §1 is amended to read:

Sec. U-1. Payments to State from Loan Insurance Reserve Fund. Notwithstanding any other provision of law, the Finance Authority of Maine shall transfer $1,000,000  $2,000,000 from the Loan Insurance Reserve Fund to the State as undedicated General Fund revenue no later than June 30, 2012 and an additional $1,000,000 from the Loan Insurance Reserve Fund to the State as undedicated General Fund revenue no later than June 30, 2013.

SUMMARY

PART JJJ

 

            This Part increases the amount the Finance Authority of Maine is required to transfer from the Loan Insurance Reserve Fund to General Fund undedicated revenue in fiscal year 2011-12 from $1,000,000 to $2,000,000.


PART KKK

 

Sec.  KKK-1.  Department of Administrative and Financial Services; Office of Information Technology; online public notice services.  Notwithstanding any other provision of law, the Office of Information Technology, Department of Administrative and Financial Services, shall competitively bid for online public notice services in accordance with the Maine Revised Statutes, Title 5, section 1825-B. 

 

Sec.  KKK-2.  State agencies to utilize only publication notice services.  Notwithstanding any other provision of law, the Governor may direct state agencies to utilize the online public notice services contracted in Section 1 of this Part for any notice required by state law.  Any notices published with such service shall be for such duration and within such time limits as otherwise required by State law.  Notwithstanding any other provision of law, for the 2012-2013 biennium such online public notice shall replace other requirements of state law for notice, including, but not limited to, newspaper, television, radio or other advertising.

 

 

SUMMARY

PART KKK

 

            This Part requires the Office of Information Technology to competitively bid for online public notice services.  It also authorizes the Governor to direct state agencies to utilize the online public notice service for any notice required by state law.

 

 


            Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved, except as otherwise indicated.