Bill Summary – FastDemocracy

APPROVED                 CHAPTER
                                                                APRIL 22, 2024                652
                                                               BY GOVERNOR              PUBLIC LAW
                                 STATE OF MAINE
                                          _____
                          IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-FOUR
                                          _____
                                 H.P. 728 - L.D. 1156
 An Act to Authorize a General Fund Bond Issue to Promote the Design,
Development and Maintenance of Trails for Outdoor Recreation and Active
                           Transportation
    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:
    Sec. 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 $30,000,000 for the purposes described in section 5 of this Act. 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.
    Sec. 2. Records of bonds issued; Treasurer of State. The Treasurer of State
shall ensure that an account of each bond is kept 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. 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 Act. Any unencumbered balances remaining at the completion of the project
in this Act lapse to the Office of the Treasurer of State to be used for the retirement of
general obligation bonds.
    Sec. 4. Interest and debt retirement. The Treasurer of State shall pay interest
due or accruing on any bonds issued under this Act and all sums coming due for payment
of bonds at maturity.
    Sec. 5. Disbursement of bond proceeds from General Fund bond issue. The
proceeds of the sale of the bonds authorized under this Act must be expended as designated
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in the following schedule under the direction and supervision of the agencies and entities
set forth in this section.
DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
Bureau of Parks and Lands
  Provides funds for a program, to be known as the Maine Trails Program, in order to
  leverage at least $3,000,000 in matching contributions from public and private sources
  to be used for the design, development and maintenance of nonmotorized, motorized and
  multi-use trails statewide. No more than $7,500,000 may be expended in the first year
  by the Bureau of Parks and Lands and no more than $7,500,000 may be expended by the
  Bureau of Parks and Lands in each of the 3 subsequent years, except that any unused
  balance may be added to the specified amount in subsequent years.
Total                                                                          $30,000,000
    Sec. 6. Disbursement of bond proceeds. The proceeds of the bonds for the
program as set out in section 5 must be expended by the Department of Agriculture,
Conservation and Forestry for design, development and maintenance of nonmotorized,
motorized and multi-use trails, trailheads and trailside amenities statewide in accordance
with the following requirements:
    1. Funds must be awarded by a competitive grant process to municipalities; other
qualified subdivisions of State Government, including executive branch departments and
agencies; and nonprofit organizations.
     2. Approximately 25% of the funds must be expended in support of nonmotorized
trails, 25% in support of motorized trails and 50% in support of multi-use trails used for
recreation or active transportation;
    3. Priority must be given to projects that follow sustainable design standards and
incorporate accessibility and inclusive design standards;
    4. Projects must demonstrate access to at least 10% matching contributions, which may
include the value of project-related, in-kind contributions of goods and services to and by
cooperating entities;
    5. Trails funded in whole or in part by this program must be publicized for public use.
Trails on private property must have use agreements for the longest period practicable that
are mutually agreed upon by the landowner and trail stewards; and
   6. Projects must demonstrate support from entities such as state agencies,
municipalities, nonprofit organizations, trail user groups, businesses and the public.
     Proposed projects may include requests to fund road maintenance to ensure trail access,
as well as funding to ensure public access through acquisition of easements or fee simple
title, although these are not primary purposes of the bond funds.
     Funding from this program may not be used to dismantle state-owned tracks and ties
for nonrail use except as provided for in the Maine Revised Statutes, Title 23, section 7107.
    Funding from this program may be used as match for federal grant programs related to
outdoor recreation, including but not limited to the land and water conservation fund
established pursuant to the federal Land and Water Conservation Fund Act of 1965 and the
federal recreational trails program, administered in the State by the Department of
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Agriculture, Conservation and Forestry, Bureau of Parks and Lands. In such cases, the bond
requirement for local match may be waived.
   Up to 3% of funding per annum may be used by the Department of Agriculture,
Conservation and Forestry to administer this program.
    Up to 1% of funding per annum may be awarded as planning grants to aid local project
partners in developing sustainable trail plans for future development and renovation
projects.
   The Department of Agriculture, Conservation and Forestry shall work with the
Department of Transportation in evaluating and making grant decisions on proposals that
would advance the Department of Transportation's statewide active transportation plan.
    The Department of Agriculture, Conservation and Forestry shall work with the
Department of Economic and Community Development, municipalities, nonprofit
organizations and other entities to promote awareness, use and maintenance of publicly
accessible trails funded pursuant to the competitive grant process to enhance their
economic, public health and user benefits.
    Sec. 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 Act.
    Sec. 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 the Office of the Treasurer of State to be used for the retirement of general
obligation bonds.
    Sec. 9. Bonds authorized but not issued. Any bonds authorized but not issued
within 5 years of ratification of this Act 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 for an additional amount of time not
to exceed 5 years.
   Sec. 10. Referendum for ratification; submission at election; form of
question; effective date. This Act 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 Act by voting on the following question:
        "Do you favor a $30,000,000 bond issue to invest in the design,
        development and maintenance for nonmotorized, motorized and multi-
        use trails statewide, to be matched by at least $3,000,000in private and
        public contributions?"
    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
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returns. If a majority of the legal votes are cast in favor of this Act, the Governor shall
proclaim the result without delay and this Act 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 Act necessary to carry out the purposes of this
referendum.
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