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Public Law
124th Legislature
First Regular Session
Chapter 414
H.P. 631 - L.D. 913
An Act To Authorize Bond Issues for Ratification by the Voters for the November 2009 and June and November 2010 Elections
Preamble.  Two thirds of both Houses of the Legislature deeming it necessary in accordance with the Constitution of Maine, Article IX, Section 14 to authorize the issuance of bonds on behalf of the State of Maine to provide funds as described in this Act,
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  Authorization of bonds.  The Treasurer of State is authorized, under the direction of the Governor, to issue bonds in the name and on behalf of the State in an amount not exceeding $71,250,000 for the purposes described in section 6 of this Part. The bonds are a pledge of the full faith and credit of the State. The bonds may not run for a period longer than 10 years from the date of the original issue of the bonds. At the discretion of the Treasurer of State, with the approval of the Governor, any issuance of bonds may contain a call feature.
Sec. A-2.  Records of bonds issued kept by Treasurer of State.  The Treasurer of State shall keep an account of each bond showing the number of the bond, the name of the successful bidder to whom sold, the amount received for the bond, the date of sale and the date when payable.
Sec. A-3.  Sale; how negotiated; proceeds appropriated.  The Treasurer of State may negotiate the sale of the bonds by direction of the Governor, but no bond may be loaned, pledged or hypothecated on behalf of the State. The proceeds of the sale of the bonds, which must be held by the Treasurer of State and paid by the Treasurer of State upon warrants drawn by the State Controller, are appropriated solely for the purposes set forth in this Part. Any unencumbered balances remaining at the completion of the project in this Part lapse to the debt service account established for the retirement of these bonds.
Sec. A-4.  Interest and debt retirement.  The Treasurer of State shall pay interest due or accruing on any bonds issued under this Part and all sums coming due for payment of bonds at maturity.
Sec. A-5.  Disbursement of bond proceeds.  The proceeds of the bonds must be expended as set out in this Part under the direction and supervision of the Department of Transportation and the Department of Economic and Community Development.
Sec. A-6.  Allocations from Highway Fund and General Fund bond issue.  The proceeds of the sale of the bonds authorized under this Part must be expended as designated in the following schedule.
DEPARTMENT OF TRANSPORTATION	 	
 	 	
Highway Fund	 	
 	 	
Highway and bridge	$50,000,000	
 	 	
General Fund	 	
 	 	
Highway and bridge	$5,000,000	
 	 	
Railroad	$4,000,000	
 	 	
Ports (including funds for port improvements in Eastport and Searsport)	$5,750,000	
 	 	
Ferry	$1,000,000	
 	 	
Island Explorer Phase II	$400,000	
 	 	
Aviation - FAA	$2,000,000	
 	 	
Island Airport Program	$400,000	
 	 	
Augusta Airport Upgrade	$200,000	
 	 	
The LifeFlight Foundation	$1,000,000	
 	 	
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT	 	
 	 	
Gulf of Maine Research Institute	 	
 	 	
Provides funding to rebuild a bulkhead and wharf at the Gulf of Maine Research Institute	$1,500,000	
 
Sec. A-7.  Contingent upon ratification of bond issue.  Sections 1 to 6 do not become effective unless the people of the State ratify the issuance of the bonds as set forth in this Part.
Sec. A-8.  Appropriation balances at year-end.  At the end of each fiscal year, all unencumbered appropriation balances representing state money carry forward. Bond proceeds that have not been expended within 10 years after the date of the sale of the bonds lapse to General Fund debt service.
Sec. A-9.  Bonds authorized but not issued.  Any bonds authorized but not issued, or for which bond anticipation notes are not issued within 5 years of ratification of this Part, are deauthorized and may not be issued, except that the Legislature may, within 2 years after the expiration of that 5-year period, extend the period for issuing any remaining unissued bonds or bond anticipation notes for an additional amount of time not to exceed 5 years.
Sec. A-10.  Referendum for ratification; submission at election; form of question; effective date.  This Part must be submitted to the legal voters of the State at a statewide election held in the month of November following passage of this Act. The municipal officers of this State shall notify the inhabitants of their respective cities, towns and plantations to meet, in the manner prescribed by law for holding a statewide election, to vote on the acceptance or rejection of this Part by voting on the following question:
 
”Do you favor a $71,250,000 bond issue for improvements to highways and bridges, airports, public transit facilities, ferry and port facilities, including port and harbor structures, as well as funds for the LifeFlight Foundation that will make the State eligible for over $148,000,000 in federal and other matching funds?”
 
The legal voters of each city, town and plantation shall vote by ballot on this question and designate their choice by a cross or check mark placed within a corresponding square below the word “Yes” or “No.” The ballots must be received, sorted, counted and declared in open ward, town and plantation meetings and returns made to the Secretary of State in the same manner as votes for members of the Legislature. The Governor shall review the returns. If a majority of the legal votes are cast in favor of this Part, the Governor shall proclaim the result without delay and this Part becomes effective 30 days after the date of the proclamation.
The Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this Part necessary to carry out the purposes of this referendum.
PART B
Sec. B-1.  Authorization of bonds.  The Treasurer of State is authorized, under the direction of the Governor, to issue bonds in the name and on behalf of the State in an amount not exceeding $25,000,000 for the purposes described in section 6 of this Part. The bonds are a pledge of the full faith and credit of the State. The bonds may not run for a period longer than 10 years from the date of the original issue of the bonds. At the discretion of the Treasurer of State, with the approval of the Governor, any issuance of bonds may contain a call feature.
Sec. B-2.  Records of bonds issued kept by Treasurer of State.  The Treasurer of State shall keep an account of each bond showing the number of the bond, the name of the successful bidder to whom sold, the amount received for the bond, the date of sale and the date when payable.
Sec. B-3.  Sale; how negotiated; proceeds appropriated.  The Treasurer of State may negotiate the sale of the bonds by direction of the Governor, but no bond may be loaned, pledged or hypothecated on behalf of the State. The proceeds of the sale of the bonds, which must be held by the Treasurer of State and paid by the Treasurer of State upon warrants drawn by the State Controller, are appropriated solely for the purposes set forth in this Part. Any unencumbered balances remaining at the completion of the project in this Part lapse to the debt service account established for the retirement of these bonds.
Sec. B-4.  Interest and debt retirement.  The Treasurer of State shall pay interest due or accruing on any bonds issued under this Part and all sums coming due for payment of bonds at maturity.
Sec. B-5.  Disbursement of bond proceeds.  The proceeds of the Historic Preservation Revolving Fund must be expended, under the direction and supervision of the Maine Historic Preservation Commission, for acquisition and resale subject to preservation easements or covenants of significant endangered historic buildings by qualified nonprofit historic preservation organizations in the State. The proceeds of the bonds must be expended as set out in this Part under the direction and supervision of the Department of Economic and Community Development and Finance Authority of Maine.
Sec. B-6.  Allocations from General Fund bond issue.  The proceeds of the sale of the bonds authorized under this Part must be expended as designated in the following schedule.
MAINE HISTORIC PRESERVATION COMMISSION	 	
 	 	
Establishes a revolving fund for the purpose of acquiring significant historic properties.	$1,500,000	
 	 	
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT	 	
 	 	
Provides funds to make investments under the Communities for Maine’s Future Program in competitive community and economic revitalization projects, which must be matched with at least $3,500,000.	$3,500,000	
 	 	
Maine Technology Institute	 	
 	 	
Provides funds for research and development and commercialization as prioritized by the Office of Innovation’s current Science and Technology Action Plan for Maine. The funds must be allocated to environmental and renewable energy technology, biomedical an biotechnology, aquaculture and marine technology, composite materials technology, advanced technologies for forestry and agriculture, information technology and precision manufacturing technology through a competitive process and must be awarded to Maine-based public and private institutions and must be awarded to leverage matching funds of at least $3,000,000.	$3,000,000	
 	 	
Brunswick Naval Air Station Redevelopment	 	
 	 	
Provides for redevelopment projects at the Brunswick Naval Air Station, including the rehabilitation of buildings, federal Americans with Disabilities Act and fire code compliance and other site improvements, including up to $4,750,000 for the development of a higher education engineering and economic development center. These funds will leverage $32,500,000 in federal funds.	$8,000,000	
 	 	
FINANCE AUTHORITY OF MAINE	 	
 	 	
Provides grants for food processing for fishing, agricultural, dairy and lumbering industries within the State.	$1,000,000	
 	 	
Economic Recovery Loan Program	$3,000,000	
 	 	
Small Enterprise Growth Fund	 	
 	 	
Provides funds for disbursements to qualifying small businesses in the State seeking to pursue eligible projects.	$5,000,000	
 
Sec. B-7.  Contingent upon ratification of bond issue.  Sections 1 to 6 do not become effective unless the people of the State ratify the issuance of the bonds as set forth in this Part.
Sec. B-8.  Appropriation balances at year-end.  At the end of each fiscal year, all unencumbered appropriation balances representing state money carry forward. Bond proceeds that have not been expended within 10 years after the date of the sale of the bonds lapse to General Fund debt service.
Sec. B-9.  Bonds authorized but not issued.  Any bonds authorized but not issued, or for which bond anticipation notes are not issued within 5 years of ratification of this Part, are deauthorized and may not be issued, except that the Legislature may, within 2 years after the expiration of that 5-year period, extend the period for issuing any remaining unissued bonds or bond anticipation notes for an additional amount of time not to exceed 5 years.
Sec. B-10.  Referendum for ratification; submission at election; form of question; effective date.  This Part must be submitted to the legal voters of the State at a statewide election held in June 2010 following passage of this Act. The municipal officers of this State shall notify the inhabitants of their respective cities, towns and plantations to meet, in the manner prescribed by law for holding a statewide election, to vote on the acceptance or rejection of this Part by voting on the following question:
 
”Do you favor a $25,000,000 bond issue to provide capital investment to stimulate economic development and job creation by making investments under the Communities for Maine’s Future Program and in historic properties; providing funding for research and development investments awarded through a competitive process; providing funds for disbursements to qualifying small businesses; and providing grants for food processing for fishing, agricultural, dairy and lumbering businesses within the State and redevelopment projects at the Brunswick Naval Air Station that will make the State eligible for over $39,000,000 in federal and other matching funds?”
 
The legal voters of each city, town and plantation shall vote by ballot on this question and designate their choice by a cross or check mark placed within a corresponding square below the word “Yes” or “No.” The ballots must be received, sorted, counted and declared in open ward, town and plantation meetings and returns made to the Secretary of State in the same manner as votes for members of the Legislature. The Governor shall review the returns. If a majority of the legal votes are cast in favor of this Part, the Governor shall proclaim the result without delay and this Part becomes effective 30 days after the date of the proclamation.
The Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this Part necessary to carry out the purposes of this referendum.
PART C
Sec. C-1.  Authorization of bonds.  The Treasurer of State is authorized, under the direction of the Governor, to issue bonds in the name and on behalf of the State in an amount not exceeding $10,250,000 for the purposes described in section 6 of this Part. The bonds are a pledge of the full faith and credit of the State. The bonds may not run for a period longer than 10 years from the date of the original issue of the bonds. At the discretion of the Treasurer of State, with the approval of the Governor, any issuance of bonds may contain a call feature.
Sec. C-2.  Records of bonds issued kept by Treasurer of State.  The Treasurer of State shall keep an account of each bond showing the number of the bond, the name of the successful bidder to whom sold, the amount received for the bond, the date of sale and the date when payable.
Sec. C-3.  Sale; how negotiated; proceeds appropriated.  The Treasurer of State may negotiate the sale of the bonds by direction of the Governor, but no bond may be loaned, pledged or hypothecated on behalf of the State. The proceeds of the sale of the bonds, which must be held by the Treasurer of State and paid by the Treasurer of State upon warrants drawn by the State Controller, are appropriated solely for the purposes set forth in this Part. Any unencumbered balances remaining at the completion of the project in this Part lapse to the debt service account established for the retirement of these bonds.
Sec. C-4.  Interest and debt retirement.  The Treasurer of State shall pay interest due or accruing on any bonds issued under this Part and all sums coming due for payment of bonds at maturity.
Sec. C-5.  Disbursement of bond proceeds.  The proceeds of the bonds must be expended as set out in this Part under the direction and supervision of the Department of Agriculture, Food and Rural Resources, the Department of Environmental Protection and the Department of Health and Human Services.
Sec. C-6.  Allocations from General Fund bond issue.  The proceeds of the sale of the bonds authorized under this Part must be expended as designated in the following schedule.
DEPARTMENT OF HEALTH AND HUMAN SERVICES	 	
 	 	
Safe Drinking Water Revolving Loan Fund	 	
 	 	
Provides funds for a drinking water revolving loan fund to acquire, design, plan, construct, enlarge, repair, protect or improve drinking water supplies or treatment systems to be matched by $17,000,000 in other funds.	$3,400,000	
 	 	
DEPARTMENT OF ENVIRONMENTAL PROTECTION	 	
 	 	
Small Community Grant Program	 	
 	 	
Provides funding for grants to towns to help replace malfunctioning septic systems that are polluting a water body or causing a public nuisance.	$1,000,000	
 	 	
Wastewater Treatment Facility State Revolving Loan Fund	 	
 	 	
Provides funds for a wastewater treatment facility state revolving loan fund to be matched by $15,000,000 in other funds.	$3,000,000	
 	 	
Uncontrolled Sites	 	
 	 	
Provides funds to investigate and clean up uncontrolled hazardous substance contamination at sites posing unacceptable threats to public health and water quality.	$750,000	
 	 	
Wastewater Treatment Facility Construction Grants	 	
 	 	
Provides funds for wastewater treatment facility construction grants to be matched by $900,000 in other funds.	$600,000	
 	 	
Overboard Discharge	 	
 	 	
Provides funds to assist homeowners whose homes are serviced by substandard or malfunctioning waste water treatment systems, including straight pipe discharges, individual overboard discharge systems, subsurface waste water disposal systems, septic tanks, leach fields and cesspools, which systems result in direct discharges of domestic pollutants to the surface waters of the State.	$500,000	
 	 	
DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES	 	
 	 	
Agriculture Water Source Development Program	 	
 	 	
Provides funds to assist farmers in the development of environmentally sound water sources to manage weather-related risk and to comply with in-stream flow rules that will leverage $350,000 in other funds.	$1,000,000	
 
Sec. C-7.  Contingent upon ratification of bond issue.  Sections 1 to 6 do not become effective unless the people of the State ratify the issuance of the bonds as set forth in this Part.
Sec. C-8.  Appropriation balances at year-end.  At the end of each fiscal year, all unencumbered appropriation balances representing state money carry forward. Bond proceeds that have not been expended within 10 years after the date of the sale of the bonds lapse to General Fund debt service.
Sec. C-9.  Bonds authorized but not issued.  Any bonds authorized but not issued, or for which bond anticipation notes are not issued within 5 years of ratification of this Part, are deauthorized and may not be issued, except that the Legislature may, within 2 years after the expiration of that 5-year period, extend the period for issuing any remaining unissued bonds or bond anticipation notes for an additional amount of time not to exceed 5 years.
Sec. C-10.  Referendum for ratification; submission at election; form of question; effective date.  This Part must be submitted to the legal voters of the State at a statewide election held in June 2010 following passage of this Act. The municipal officers of this State shall notify the inhabitants of their respective cities, towns and plantations to meet, in the manner prescribed by law for holding a statewide election, to vote on the acceptance or rejection of this Part by voting on the following question:
 
”Do you favor a $10,250,000 bond issue to improve water quality, support drinking water programs and the construction of wastewater treatment facilities and to assist farmers in the development of environmentally sound water sources that will leverage $33,250,000 in federal and other funds?”
 
The legal voters of each city, town and plantation shall vote by ballot on this question and designate their choice by a cross or check mark placed within a corresponding square below the word “Yes” or “No.” The ballots must be received, sorted, counted and declared in open ward, town and plantation meetings and returns made to the Secretary of State in the same manner as votes for members of the Legislature. The Governor shall review the returns. If a majority of the legal votes are cast in favor of this Part, the Governor shall proclaim the result without delay and this Part becomes effective 30 days after the date of the proclamation.
The Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this Part necessary to carry out the purposes of this referendum.
PART D
Sec. D-1.  Authorization of bonds.  The Treasurer of State is authorized, under the direction of the Governor, to issue bonds in the name and on behalf of the State in an amount not exceeding $33,500,000 for the purposes described in section 6 of this Part. The bonds are a pledge of the full faith and credit of the State. The bonds may not run for a period longer than 10 years from the date of the original issue of the bonds. At the discretion of the Treasurer of State, with the approval of the Governor, any issuance of bonds may contain a call feature.
Sec. D-2.  Records of bonds issued kept by Treasurer of State.  The Treasurer of State shall keep an account of each bond showing the number of the bond, the name of the successful bidder to whom sold, the amount received for the bond, the date of sale and the date when payable.
Sec. D-3.  Sale; how negotiated; proceeds appropriated.  The Treasurer of State may negotiate the sale of the bonds by direction of the Governor, but no bond may be loaned, pledged or hypothecated on behalf of the State. The proceeds of the sale of the bonds, which must be held by the Treasurer of State and paid by the Treasurer of State upon warrants drawn by the State Controller, are appropriated solely for the purposes set forth in this Part. Any unencumbered balances remaining at the completion of the project in this Part lapse to the debt service account established for the retirement of these bonds.
Sec. D-4.  Interest and debt retirement.  The Treasurer of State shall pay interest due or accruing on any bonds issued under this Part and all sums coming due for payment of bonds at maturity.
Sec. D-5.  Disbursement of bond proceeds.  The proceeds of the bonds must be expended as set out in this Part under the direction and supervision of the Public Utilities Commission, University of Maine System, the Maine Maritime Academy, the Maine Community College System and the Department of Administrative and Financial Services.
Sec. D-6.  Allocations from General Fund bond issue.  The proceeds of the sale of the bonds authorized under this Part must be expended as designated in the following schedule.
PUBLIC UTILITIES COMMISSION	 	
 	 	
Public Utilities Commission	 	
 	 	
Provides funds for weatherization and energy efficiency programs for low and middle income households and small businesses. If the energy efficiency programs of the commission are transferred to another entity established by the Legislature, the commission shall transfer all unexpended funds to that entity.	$12,000,000	
 	 	
UNIVERSITY OF MAINE SYSTEM	 	
 	 	
University of Maine System	 	
 	 	
Provides funds for energy and infrastructure upgrades at all campuses of the University of Maine System.	$9,500,000	
 	 	
MAINE COMMUNITY COLLEGE SYSTEM	 	
 	 	
Maine Community College System	 	
 	 	
Provides funds for energy and infrastructure upgrades at all campuses of the Maine Community College System.	$5,000,000	
 	 	
MAINE MARITIME ACADEMY	 	
 	 	
Maine Maritime Academy	 	
 	 	
Provides funds for energy and infrastructure upgrades at the Maine Maritime Academy.	$1,000,000	
 	 	
DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES	 	
 	 	
Maine Marine Wind Energy Demonstration Site Fund	 	
 	 	
Provides funds for research, development and product innovation associated with developing one or more ocean wind energy demonstration sites.	$6,000,000	

Sec. D-7.  Contingent upon ratification of bond issue.  Sections 1 to 6 do not become effective unless the people of the State ratify the issuance of the bonds as set forth in this Part.
Sec. D-8.  Appropriation balances at year-end.  At the end of each fiscal year, all unencumbered appropriation balances representing state money carry forward. Bond proceeds that have not been expended within 10 years after the date of the sale of the bonds lapse to General Fund debt service.
Sec. D-9.  Bonds authorized but not issued.  Any bonds authorized but not issued, or for which bond anticipation notes are not issued within 5 years of ratification of this Part, are deauthorized and may not be issued, except that the Legislature may, within 2 years after the expiration of that 5-year period, extend the period for issuing any remaining unissued bonds or bond anticipation notes for an additional amount of time not to exceed 5 years.
Sec. D-10.  Referendum for ratification; submission at election; form of question; effective date.  This Part must be submitted to the legal voters of the State at a statewide election held in June 2010 following passage of this Act. The municipal officers of this State shall notify the inhabitants of their respective cities, towns and plantations to meet, in the manner prescribed by law for holding a statewide election, to vote on the acceptance or rejection of this Part by voting on the following question:
 
”Do you favor a $33,500,000 bond issue to provide for investments in weatherization and energy efficiency projects; for infrastructure and energy efficiency upgrades at campuses of the University of Maine System, the Maine Community College System and the Maine Maritime Academy; and for the creation of a fund to develop one or more ocean wind energy demonstration sites?”
 
The legal voters of each city, town and plantation shall vote by ballot on this question and designate their choice by a cross or check mark placed within a corresponding square below the word “Yes” or “No.” The ballots must be received, sorted, counted and declared in open ward, town and plantation meetings and returns made to the Secretary of State in the same manner as votes for members of the Legislature. The Governor shall review the returns. If a majority of the legal votes are cast in favor of this Part, the Governor shall proclaim the result without delay and this Part becomes effective 30 days after the date of the proclamation.
The Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this Part necessary to carry out the purposes of this referendum.
PART E
Sec. E-1.  Authorization of bonds.  The Treasurer of State is authorized, under the direction of the Governor, to issue bonds in the name and on behalf of the State in an amount not exceeding $10,000,000 for the purposes described in section 6 of this Part. The bonds are a pledge of the full faith and credit of the State. The bonds may not run for a period longer than 10 years from the date of the original issue of the bonds. At the discretion of the Treasurer of State, with the approval of the Governor, any issuance of bonds may contain a call feature.
Sec. E-2.  Records of bonds issued kept by Treasurer of State.  The Treasurer of State shall keep an account of each bond showing the number of the bond, the name of the successful bidder to whom sold, the amount received for the bond, the date of sale and the date when payable.
Sec. E-3.  Sale; how negotiated; proceeds appropriated.  The Treasurer of State may negotiate the sale of the bonds by direction of the Governor, but no bond may be loaned, pledged or hypothecated on behalf of the State. The proceeds of the sale of the bonds, which must be held by the Treasurer of State and paid by the Treasurer of State upon warrants drawn by the State Controller, are appropriated solely for the purposes set forth in this Part. Any unencumbered balances remaining at the completion of the project in this Part lapse to the debt service account established for the retirement of these bonds.
Sec. E-4.  Interest and debt retirement.  The Treasurer of State shall pay interest due or accruing on any bonds issued under this Part and all sums coming due for payment of bonds at maturity.
Sec. E-5.  Disbursement of bond proceeds.   The proceeds of the bonds must be expended as set out in this Part under the direction and supervision of the Executive Department, State Planning Office and the Department of Conservation. The proceeds of the bonds for the Land for Maine’s Future Board must be expended for acquisition of land and interest in land for conservation, water access, outdoor recreation, wildlife and fish habitat, farmland preservation in accordance with the provisions for such acquisitions under the Maine Revised Statutes, Title 5, chapter 353 and working waterfront preservation in accordance with the terms of this Part, including all costs associated with such acquisitions, except that use of the proceeds of these bonds is subject to the following conditions and requirements.
1. Hunting, fishing, trapping and public access may not be prohibited on land acquired with bond proceeds, except to the extent of applicable state, local or federal laws, rules and regulations and except for working waterfront projects and farmland protection projects.
2. Payment from bond proceeds for acquisitions of local or regional significance, as determined by the Land for Maine’s Future Board, may be made directly to cooperating entities as defined in Title 5, section 6201, subsection 2 for acquisition of land and interest in land by cooperating entities, subject to terms and conditions enforceable by the State to ensure its use for the purposes of this Part. In addition to the considerations required under Title 5, chapter 353, the board shall give a preference to acquisitions under this subsection that achieve benefits for multiple towns and that address regional conservation needs including public recreational access, wildlife, open space and farmland.
3. The bond funds expended for conservation, recreation, farmland and water access must be matched with at least $6,500,000 in public and private contributions. Seventy percent of that amount must be in the form of cash or other tangible assets, including the value of land and real property interest acquired by or contributed to cooperating entities, as defined in Title 5, section 6201, subsection 2, when property interests have a direct relationship to the property proposed for protection, as determined by the Land for Maine’s Future Board. The remaining 30% may be matching contributions and may include the value of project-related, in-kind contributions of goods and services to and by cooperating entities.
4. Of the bond proceeds allocated to the Land for Maine’s Future Board, $1,000,000 must be made available to protect farmland in accordance with Title 5, section 6207.
5. Of the bond proceeds allocated to the Land for Maine’s Future Board, $2,000,000 must be made available to protect working waterfront properties in accordance with Public Law 2005, chapter 462, Part B, section 6.
6. To the extent the purposes are consistent with the disbursement provisions in this Part, 100% of the bond proceeds may be considered as state match for any federal funding to be made available to the State.
Sec. E-6.  Allocations from General Fund bond issue.  The proceeds of the sale of the bonds authorized under this Part must be expended as designated in the following schedule.
EXECUTIVE DEPARTMENT	 	
 	 	
State Planning Office	 	
 	 	
Land for Maine’s Future Board	 	
 	 	
Provides funds in order to leverage $6,500,000 in other funds to be used for the acquisition of land and interest in land for conservation; water access, wildlife and fish habitat; outdoor recreation, including hunting and fishing; and farmland preservation.	$6,500,000	
 	 	
Provides funds to be used for working farmland preservation in order to leverage $1,000,000 in other funds.	$1,000,000	
 	 	
Provides funds to be used for working waterfront preservation in order to leverage $2,000,000 in other funds.	$2,000,000	
 	 	
DEPARTMENT OF CONSERVATION	 	
 	 	
Bureau of Parks and Lands	 	
 	 	
Provides funds to preserve state parks and properties managed by the Department of Conservation.	$500,000	
 
Sec. E-7.  Contingent upon ratification of bond issue.  Sections 1 to 6 do not become effective unless the people of the State ratify the issuance of the bonds as set forth in this Part.
Sec. E-8.  Appropriation balances at year-end.  At the end of each fiscal year, all unencumbered appropriation balances representing state money carry forward. Bond proceeds that have not been expended within 10 years after the date of the sale of the bonds lapse to General Fund debt service.
Sec. E-9.  Bonds authorized but not issued.  Any bonds authorized but not issued, or for which bond anticipation notes are not issued within 5 years of ratification of this Part, are deauthorized and may not be issued, except that the Legislature may, within 2 years after the expiration of that 5-year period, extend the period for issuing any remaining unissued bonds or bond anticipation notes for an additional amount of time not to exceed 5 years.
Sec. E-10.  Referendum for ratification; submission at election; form of question; effective date.  This Part must be submitted to the legal voters of the State at a statewide election held in November 2010 following passage of this Act. The municipal officers of this State shall notify the inhabitants of their respective cities, towns and plantations to meet, in the manner prescribed by law for holding a statewide election, to vote on the acceptance or rejection of this Part by voting on the following question:
 
”Do you favor a $10,000,000 bond issue to invest in land conservation and working waterfront preservation and to preserve state parks to be matched by $9,500,000 in federal and other funds?”
 
The legal voters of each city, town and plantation shall vote by ballot on this question and designate their choice by a cross or check mark placed within a corresponding square below the word “Yes” or “No.” The ballots must be received, sorted, counted and declared in open ward, town and plantation meetings and returns made to the Secretary of State in the same manner as votes for members of the Legislature. The Governor shall review the returns. If a majority of the legal votes are cast in favor of this Part, the Governor shall proclaim the result without delay and this Part becomes effective 30 days after the date of the proclamation.
The Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this Part necessary to carry out the purposes of this referendum.
PART F
Sec. F-1.  Rulemaking. The Finance Authority of Maine shall establish rules to administer funds for food processing for the fishing and agricultural industries in this State for grants. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. F-2.  Contingent effective date. This Part takes effect only if the General Fund bond issue proposed in Part B is approved by the voters of the State.
PART G
Sec. G-1.   5 MRSA §13056-D  is enacted to read:
§ 13056-D.   Communities for Maine’s Future Program
 
1.  Program established; administration.      The Communities for Maine’s Future Program, referred to in this section as “the program,” is established within the department to assist and encourage communities to revitalize and to promote community development and enhance projects. The department shall administer the program to provide funding for the rehabilitation, revitalization and enhancement of downtowns and village centers and main streets in the State. All funds received for this program must be deposited into the Communities for Maine’s Future Fund established in subsection 7.
 
2.  Review panel.      The Community for Maine’s Future Review Panel, referred to in this section as “the panel,” is established to evaluate proposals and determine funding under the program. The panel consists of:
 
 A.  The commissioner;
 
 B.  The Director of the Maine Historic Preservation Commission;
 
 C.  The Director of the State Planning Office within the Executive Department; and
 
 D.  Four members of the public, one with experience in economic and community development, one with experience in historic preservation, one with experience in downtown revitalization and one with experience in tourism development and promotion. The first 2 of these members are appointed by the President of the Senate and the remaining 2 by the Speaker of the House.
 
3.  Review process.      The panel shall review proposals for funding under the program in accordance with this subsection.
 
 A.  The panel shall establish the deadline by which proposals must be postmarked and received.
 
 B.  Department staff shall undertake the initial review and preliminary scoring of proposals.
 
 C.  A subcommittee appointed by the panel to score proposals shall review and determine the final score for the proposals.
 
 D.  A subcommittee appointed by the panel to nominate finalists shall review all of the proposals, identify issues for full review and discussion by the panel and recommended project finalists to the full panel for detailed review and consideration.
 
 E.  The panel shall review all the proposals submitted, select the finalists and allocate funding.
 
In reviewing proposals, the panel shall use the scoring system established in subsection 5.
 
4.  Applicant requirements.      An applicant for funding under this section must:
A. Be a city or town; and
B. Demonstrate the capacity to undertake the project with a reasonable prospect of bringing it to a successful conclusion. In assessing an applicant’s ability to meet the requirements of this paragraph, the panel may consider all relevant factors, including but not limited to the applicant’s level of debt; fund-raising ability; past economic and community development activities; grants from federal, state or local sources; previous historic preservation, rehabilitation or enhancement activity; organizational history; scope of economic or revitalization vision; and evidence of success in previous efforts.
 
5.  Scoring system.      The department and the panel shall develop a scoring system for use by the panel in evaluating proposals under this section. The scoring system must be designed to identify those projects that are most aligned with the State’s economic and community development and historic preservation and enhancement priorities. The scoring system must assign points according to the relative value of:
 
 A.  The economic significance of the proposed project to the immediate vicinity and to the State as a whole;
 
 B.  The level of compatibility with the historic community character;
 
 C.  The value of the proposed project with respect to historic preservation and rehabilitation; 
 
 D.  The value of the proposed project with respect to downtown revitalization;
 
 E.  The value of the proposed project to encourage or accomplish sustainable, mixed-use, pedestrian-oriented or transit-oriented development;
 
 F.  The extent to which the proposed project meets or exceeds minimum energy efficiency standards, uses green building practices or materials, or both;
 
 G.  The value of the proposed project with respect to tourism promotion and development;
 
 H.  The degree of community support for the proposed investment;
 
 I.  The extent to which the proposed project involves other preservation partnerships and meets multiple criteria within this section;
 
 J.  The match provided by the applicant; and
 
 K.  Related public funding sources supporting the project.
 
6.  Additional criteria.      In addition to evaluating the proposals using the scoring system established in subsection 5, the panel shall also consider criteria in reviewing a proposal:
 
 A.  The level to which a proposal supports the open space or recreation objectives, or both, of a local comprehensive plan;
 
 B.  The extent to which a project is consistent with an adopted comprehensive plan that meets the standards of the laws governing growth management pursuant to Title 30-A, chapter 187;
 
 C.  The extent to which a project is consistent with an existing strategic plan for downtown or village center revitalization;
 
 D.  The current and anticipated demand for use and diversity of uses of this site;
 
 E.  The extent to which the project is consistent with any relevant regional economic development plan or other relevant regional plan; and
 
 F.  Any additional benefits that contribute to the character of the town or region in which the project is situated, including the rehabilitation or renovation of mills and other buildings in the community.
 
7.  Communities for Maine’s Future Fund created.      The Communities for Maine’s Future Fund, known as “the fund,” is established to provide funding for the rehabilitation, revitalization and enhancement of downtowns and village centers and main streets in the State. The fund is dedicated, nonlapsing fund, and all revenues deposited in the fund remain in the fund and must be disbursed in accordance with this section.
 
8.  Rules.      The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. G-2.   5 MRSA §13056-E  is enacted to read:
§ 13056-E.   Assistance from Communities for Maine’s Future Fund
 
1.  Application for downtown improvement or asset grants.      In addition to the other forms of financial assistance available, an eligible municipality or group of municipalities may apply for a downtown and community development grant from the Communities for Maine’s Future Fund established in section 13056-D, subsection 7 and referred to in this section “the fund,” the proceeds of which must be used to acquire, design, plan, construct, enlarge, repair, protect or enhance downtown improvements or assets. The department may prescribe an application form or procedure for an eligible municipality or group of municipalities to apply for a grant under this section. The application must include all information necessary for the purpose of implementing this section.
 
2.  Eligibility certification.      In addition to criteria established in section 13056-D:
 
 A.  The applicant must certify that it has secured all permits, licenses and approvals necessary to construct the improvements to be financed by the grant;
 
 B.  The department must affirm that the applicant has met the conditions of this paragraph.
 
(1) A municipality is eligible to receive a grant if that municipality has adopted a growth management program certified under Title 30-A, section 4347-A that includes a capital improvement program composed of:
 
(a) An assessment of all public facilities and services, including, but not limited to, roads and other transportation facilities, sewers, schools, parks and open space, fire departments and police departments;
 
(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.
 
Subject to the limitations of this subsection, 2 or more municipalities that each meet the requirements of divisions (a), (b) or (c) may jointly apply for assistance under this section; and
 
 C.  The department must affirm that the applicant has met the conditions of this paragraph. A municipality is eligible to receive a downtown improvement grant if that municipality has:
 
(1) Shown broad-based support for downtown revitalization;
 
(2) Established a comprehensive downtown revitalization work plan, including a definition and a map of the affected area;
 
(3) Developed measurable goals and objectives;
 
(4) Demonstrated a historic preservation ethic;
 
(5) Developed the capacity to report on the progress of the downtown program; and
 
(6) Established the ability and willingness to support integrated marketing efforts for retailers, services, activities and events.
 
3.  Criteria; conditions for downtown village center grants.      The department shall develop criteria and conditions for the award of downtown and village center grants to eligible municipalities subject to the requirements of this section, including:
 
 A.  Basic criteria for redevelopment or revitalization of a downtown growth area as defined under Title 30-A, section 4301, subsection 6-C or village;
 
 B.  A preference for capital investment projects that provide substantial regional benefits;
 
 C.  The adoption of other criteria as the department determines necessary to ensure that grants made under this section maximize the ability of municipalities to accommodate planned growth and economic development;
 
 D.  Consistency with the municipality’s comprehensive plan or local growth management program;
 
 E.  Leveraging of other private, federal or local dollars; and
 
 F.  Economic gain to the community, including tax income and jobs created.
 
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.
 
5.  Report to the Legislature.      The department shall report to the joint standing committee of the Legislature having jurisdiction over economic development matters no later than January 1st of each odd-numbered year on the grants program. The department may make any recommendations it finds necessary to more effectively achieve the purposes of this section, including the appropriation of any necessary additional funds.
Sec. G-3.   5 MRSA §13056-F  is enacted to read:
§ 13056-F.   Historic Preservation Revolving Fund
 
1.  Fund established; administration.      The Historic Preservation Revolving Fund, referred to in this section as “the revolving fund,” is established within the Maine Historic Preservation Commission, referred to in this section as “the commission,” in order to provide funds to qualified nonprofit historic preservation organizations in the State for the purpose of acquisition of endangered historic properties of local, state or national significance, as determined by the commission, for resale to new owners who agree to preserve, rehabilitate or restore the properties as necessary, subject to preservation easements or covenants held by the qualified organization. The commission may provide funds to the qualified organization for purposes outlined in subsection 4.
 
All funds received must be deposited into the revolving fund.
 
2.  Review process.      The commission shall review proposals for acquisition of historic properties by qualified organizations with funds from the revolving fund in accordance with this subsection.
 
3.  Applicant requirements.      An applicant for funding under this section must be a qualified nonprofit historic preservation organization. For purposes of this section, “qualified nonprofit historic preservation organization” or “qualified organization” means a nonprofit preservation or historical organization whose purposes include preservation of historic property or a governmental body. A qualified organization must also demonstrate previous historic preservation, rehabilitation or acquisition activity; availability of staff with demonstrated professional training and experience in administration of historic preservation programs; and familiarity with preservation standards and with acquisition and resale of historic property.
 
The qualified organization must also demonstrate the capacity to undertake the project with a reasonable prospect of bringing it to a successful conclusion. In assessing an applicant’s ability to meet the requirements of this subsection, the commission may consider all relevant factors, including but not limited to the applicant’s organizational purpose; organizational history; previous historic preservation, rehabilitation or acquisition activity; scope of economic or revitalization vision; and evidence of success in previous efforts.
 
4.  Revolving fund expenditures.      Payment from the revolving fund is made by the commission to qualified nonprofit historic preservation organizations for the purpose of preservation of significant endangered historic properties through acquisition and resale. Payments may include all costs associated with such an acquisition and carrying costs, as well as stabilization, rehabilitation and completion of a conditions study by the qualified organization for approval by the commission and may also include a fee for establishing a preservation easement or covenant to be held by the qualified organization. When possible, the qualified organization shall seek to secure the qualified property by option to be executed at closing to minimize carrying costs. The qualified organization shall seek to resell the property at fair market value to a new private, nonprofit or public owner who agrees to preserve, rehabilitate or restore the property as provided in the easement or covenant. Net proceeds from the resale of properties must be returned to the revolving fund within the commission. Funds returned to the revolving fund are to be used exclusively for the acquisition of additional historic properties, except that no more than 5% of the fund balance may be used by the commission to fund administration of the program by cooperating organizations.
 
5.  Evaluation criteria.      The commission shall evaluate proposals under this section. The commission shall seek to fund those proposals that best meet its historic preservation priorities for the State and region and that support its economic and community development and enhancement priorities and shall evaluate properties in such proposals relative to:
 
 A.  The level of historic or architectural significance;
 
 B.  The value with respect to historic preservation and rehabilitation;
 
 C.  The degree to which the property is endangered;
 
 D.  The economic significance to the immediate vicinity and to the State;
 
 E.  The value with respect to downtown revitalization, open space conservation or other public purposes;
 
 F.  The availability at fair market value;
 
 G.  The degree to which the property is available below fair market value;
 
 H.  The potential marketability;
 
 I.  The feasibility of rehabilitation or restoration and reuse;
 
 J.  The value of the proposed property with respect to tourism promotion and development;
 
 K.  The degree of community support; and
 
 L.  The extent to which the proposed project involves partnerships or meets multiple criteria.
 
6.  Rules.      The commission may adopt rules to implement this section. Rules adopted to implement this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. G-4.  Appropriations and allocations. The following appropriations and allocations are made.
 
ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF
 
Communities for Maine’s Future Fund N064
 
Initiative: Establishes base allocations for the Communities for Maine’s Future Program to assist and encourage communities to revitalize and to promote community development and enhance projects.
 
OTHER SPECIAL REVENUE FUNDS	2009-10	2010-11	
All Other
	$500	$500	
 	 	 	
OTHER SPECIAL REVENUE FUNDS TOTAL	$500	$500	

ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF	 	 	
DEPARTMENT TOTALS	2009-10	2010-11	
 	 	 	
OTHER SPECIAL REVENUE FUNDS
	$500	$500	
 	 	 	
DEPARTMENT TOTAL - ALL FUNDS	$500	$500	

HISTORIC PRESERVATION COMMISSION, MAINE
 
Historic Preservation Revolving Fund N063
 
Initiative: Establishes base allocations for the Historic Preservation Revolving Fund in order to provide funds to qualified nonprofit historic preservation organizations to acquire significant historic properties.
 
OTHER SPECIAL REVENUE FUNDS	2009-10	2010-11	
All Other
	$500	$500	
 	 	 	
OTHER SPECIAL REVENUE FUNDS TOTAL	$500	$500	

HISTORIC PRESERVATION COMMISSION, MAINE	 	 	
DEPARTMENT TOTALS	2009-10	2010-11	
 	 	 	
OTHER SPECIAL REVENUE FUNDS
	$500	$500	
 	 	 	
DEPARTMENT TOTAL - ALL FUNDS	$500	$500	

SECTION TOTALS	2009-10	2010-11	
 	 	 	
OTHER SPECIAL REVENUE FUNDS
	$1,000	$1,000	
 	 	 	
SECTION TOTAL - ALL FUNDS	$1,000	$1,000	
 
Sec. G-5.  Contingent effective date. This Part takes effect only if the General Fund bond issue proposed in Part B is approved by the voters of the State.
PART H
Sec. H-1.  Establishment of ocean wind energy demonstration sites
1. Fund established. The Maine Marine Wind Energy Demonstration Site Fund is established to provide the basic investment necessary to obtain matching funds and competitive grants and other funding from federal, state and private sources for research, development and product innovation associated with developing one or more ocean wind energy demonstration sites.
2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Fund” means the Maine Marine Wind Energy Demonstration Site Fund.
B. “Research and development” means applied engineering and scientific research and related commercial development conducted by the University of Maine, acting on behalf of the University of Maine System and its employees and students in the target areas and in conjunction with federal, state and local partners from the private, nonprofit and government sectors.
C. “Demonstration sites” means geographic locations within the jurisdiction of this State where applied research and development is considered most likely to produce significant benefits to the people and economy of the State.
3. Administration of fund. The University of Maine, acting on behalf of the Board of Trustees of the University of Maine System, shall administer the fund. The university may utilize the assets of the fund to carry out and effectuate the purposes, duties and responsibilities of this Part, including, but not limited to:
A. To conduct siting studies for offshore wind sites, giving first priority to developments in state waters but also consider siting studies for developments in federal waters that could provide renewable and sustainable power for the State or provide significant economic opportunity. The siting studies will include consideration of wind resource, bathymetry, geophysical conditions, transmission and distribution infrastructure, engineering, environmental effects, multi-use potential, identification of exclusion zones and cost of energy from each site;
B. Using siting information collected under subsection 1, the University of Maine, acting on its own behalf or in conjunction with partners in the private, nonprofit or government sectors, may apply for all federal, state and local approvals necessary to develop a demonstration site to be used for research and development to evaluate new technologies and monitor environmental impacts. The University of Maine will construct and operate this site in a manner consistent with applicable federal, state and local laws and related licenses, permits or other authorizations. The university may contract, subcontract or collaborate with another public or private entity for any activity authorized by this subsection;
C. To design, prototype and test offshore structures composites components that could be manufactured by companies in this State; and
D. To provide a report to the Governor and the Legislature by March 1, 2010 setting forth:
(1) The operations and accomplishments of the fund during the most recent fiscal year;
(2) The results of monitoring of the effects of any structures placed in the waters on the environment and fish and wildlife, including marine mammals; and
(3) The assets and liabilities of the fund at the end of the most recent fiscal year.
Sec. H-2.  Appropriations and allocations. The following appropriations and allocations are made.
 
UNIVERSITY OF MAINE SYSTEM, BOARD OF TRUSTEES OF THE
 
Maine Marine Wind Energy Demonstration Site Fund N065
 
Initiative: Establishes a base allocation for the Maine Marine Wind Energy Demonstration Site Fund for funds received for research, development and product innovation associated with developing one or more ocean wind energy demonstration sites.
 
OTHER SPECIAL REVENUE FUNDS	2009-10	2010-11	
All Other
	$500	$500	
 	 	 	
OTHER SPECIAL REVENUE FUNDS TOTAL	$500	$500	
 
Sec. H-3.  Contingent effective date. This Part takes effect only if the General Fund bond issue proposed in Part D is approved by the voters of this State.
 
Effective pending referendum.