CHAPTER 90
S.P. 197 - L.D. 669
An Act to Clarify the Use of the Municipal Investment Trust Fund
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4301, sub-§14-A is enacted to read:
14-A. Service center community. "Service center community" means a municipality or group of municipalities identified by the office according to a methodology established by rule that includes 4 basic criteria, including level of retail sales, jobs-to-workers ratio, the amount of federally assisted housing and the volume of service sector jobs. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.
Sec. 2. 30-A MRSA §4349-A, sub-§2, as enacted by PL 1999, c. 776, §10, is amended to read:
2. State facilities. The Department of Administrative and Financial Services, Bureau of General Services shall develop site selection criteria for state office buildings, state courts and other state civic buildings that serve public clients and customers, whether owned or leased by the State, that give preference to the priority locations identified in this subsection while ensuring safe, healthy, appropriate work space for employees and clients and accounting for agency requirements. Preference must be given to priority locations in the following order: service center downtowns, service center growth areas and downtowns and growth areas in other than service center communities. If no suitable priority location exists or if the priority location would impose an undue financial hardship on the occupant or is not within a reasonable distance of the clients and customers served, the facility must be located in accordance with subsection 1. The following state facilities are exempt from this subsection: a state liquor store; a lease of less than 500 square feet; and a lease with a tenure of less than one year, including renewals.
For the purposes of this subsection, "service center" means a community that serves the surrounding region, drawing workers, shoppers and others into the community for jobs and services.
Sec. 3. 30-A MRSA §5903, sub-§8-A, as enacted by PL 1993, c. 721, Pt. D, §2 and affected by Pt. H, §1, is amended to read:
8-A. Public service infrastructure. "Public service infrastructure" means those facilities that are essential for public health, welfare and safety. Those facilities include, without limitation, sewage treatment facilities, municipal water supply and treatment facilities, solid waste facilities, fire protection public safety equipment and facilities, roads, traffic control devices and other transportation facilities, sidewalks, trees, buried utility lines and other streetscape improvements, parks and other open space or recreational areas, public access to coastal and inland waters, geographic information systems, and any other public facility that benefits the public.
Sec. 4. 30-A MRSA §5953-D, sub-§3, ¶D, as amended by PL 1999, c. 776, §13, is further amended to read:
D. In the case of a public service infrastructure grant or loan, the Department of Economic and Community Development affirms that the applicant has met the conditions of this paragraph.
(1) A municipality is eligible to receive a grant or a loan, or a combination of both, if that municipality has adopted a local growth management program certified under section 4348 that includes a capital improvement program composed of the following elements:
(a) An assessment of all public facilities and services, such as, but not limited to, roads and other transportation facilities, sewers, schools, parks and open space, fire and police;
(b) An annually reviewed 5-year plan for the replacement and expansion of existing public facilities or the construction of such new facilities as are required to meet expected growth and economic development. The plan must include projections of when and where those facilities will be required; and
(c) An assessment of the anticipated costs for replacement, expansion or construction of public facilities, an identification of revenue sources available to meet these costs and recommendations for meeting costs required to implement the plan.
(2) A municipality is eligible to receive a loan if that municipality:
(a) Has adopted a comprehensive plan that is determined by the Executive Department, State Planning Office to be consistent with section 4326, subsections 1 to 4.
(3) A municipality is eligible to receive a loan if that municipality is a service center community.
Subject to the limitations of this subsection, 2 or more municipalities that each meet the requirements of subparagraphs (1) or (2) may jointly apply for assistance under this section; and
Sec. 5. 30-A MRSA §5953-D, sub-§4, as corrected by RR 1999, c. 2, §34, is amended to read:
4. Criteria; conditions for public service infrastructure grants and loans. The Department of Economic and Community Development, in conjunction with the bank, shall develop criteria and conditions for the award of public service infrastructure loans and grants to eligible municipalities subject to the requirements of this section. The department shall:
A. Give highest priority to those municipalities that are experiencing rapid growth and possess a public service infrastructure inadequate to accommodate that growth service center communities. For the purpose of this section, "service center community" has the same definition as in section 4301;
B. Establish Following the highest priority described in paragraph A, establish a preference for those municipalities eligible under subsection 3, paragraph D, subparagraph (1) over those municipalities eligible under subsection 3, paragraph D, subparagraph (2);
C. Establish a preference for those municipalities with higher local property tax burdens. The comparative local property tax burden must be determined under section 5681;
D. Establish Following the preference described in paragraph B, establish a preference for capital investment projects undertaken jointly by 2 or more municipalities or that provide substantial regional benefits;
E. Adopt other criteria as it determines necessary to ensure that loans and grants made under this section maximize the ability of municipalities to accommodate planned growth and economic development; and
F. Condition any loans and grants under this section on consistency with the municipality's comprehensive plan or local growth management program.
Effective September 21, 2001, unless otherwise indicated.
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