APPROVED CHAPTER
APRIL 16, 2024 23
BY GOVERNOR P & S LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 986 - L.D. 2270
An Act to Create the Lincoln Mill Facilities District
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, since 2017, the Town of Lincoln has been working to acquire, remediate
and redevelop the former mill site known as the Lincoln Pulp and Paper Mill and the
Lincoln Paper and Tissue mill site; and
Whereas, the Town of Lincoln intends to advance economic development activities
to redevelop the mill site and encourage responsible development of the surrounding area,
including, but not limited to, industrial and related investments, improvements and
businesses; and
Whereas, the Town of Lincoln has identified key infrastructure and related services
needed to support these economic development activities, including, but not limited to,
wastewater treatment and other infrastructure and related services for industrial users; and
Whereas, the establishment through a private and special law of the Lincoln Mill
Facilities District for the provision of infrastructure and related services is necessary to
support the Town of Lincoln's efforts to secure federal funds to transform the Town of
Lincoln's economy, including the development and financing of the infrastructure and
related services; and
Whereas, the Town of Lincoln is presently engaged in securing financing for the
acquisition, remediation and redevelopment of the mill site, which requires the creation of
a district by state legislation, for infrastructure and related services; and
Whereas, it is vital that construction of these infrastructure and related services be
developed and financed as soon as possible in order to maximize the benefits and economic
potential for the Town of Lincoln; 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,
Page 1 - 131LR3087(03)
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Territorial limits; name. The Lincoln Mill Facilities District is established
in the following territory, which includes the so-called Lincoln Paper and Tissue mill site:
all the property other than the properties described in subsection 1 within the portion of the
Town of Lincoln bounded on the southwesterly side by Park Avenue running northwesterly
to the Town of Lincoln's transfer station and to the property of the Lincoln Regional Airport
and then along and around the airport property boundary to the Penobscot River,
encompassing the airport property; on the northwesterly side by the Penobscot River; on
the northeasterly side by and along the northeasterly Lincoln Paper and Tissue mill site and
Town of Lincoln property boundary that runs parallel to Haynes Street and an extension
thereof to the Penobscot River; on the easterly side by the railroad track that runs parallel
to Main Street; and on the southeasterly side by United States Route 2.
1. The territory does not include the following properties within the Town of Lincoln
designated as: 43, 49, 55, 93 and 95 West Broadway; 2 - 4, 6 - 9, 11 and 13 - 18 Katahdin
Avenue; 1 - 2, 4 - 8, 10 - 13 and 15 Spring Street; and 25 and 29 Park Avenue as of the
effective date of this Act.
Sec. 2. Purpose. The district is authorized to provide infrastructure and related
services to properties and persons within its territorial limits. The district may also provide
infrastructure and related services to properties and persons outside of the district territory
upon petition by the property owner or person to the district subject to the limitations in
this section.
If the infrastructure and related services petitioned for are not public utility services
and are in a geographic area in which another entity is authorized to provide such
infrastructure and related services, the infrastructure and related services provided by the
district may not materially conflict with the infrastructure and related services provided by
the other entity or the growth boundaries planned by the other entity.
If the infrastructure and related services petitioned for are public utility services and
are in a geographic area in which a public utility is providing or is authorized to provide
such infrastructure and related services, the district’s provision of infrastructure and related
services must comply with applicable provisions of the Maine Revised Statutes, Title 35-A.
Sec. 3. Definitions. As used in this Act, unless the context otherwise indicates, the
following terms have the following meanings.
1. Bond. "Bond" means a bond or note or other evidence of indebtedness authorized
under this Act, whether issued under or pursuant to a bond resolution, trust indenture, loan
or other security agreement, including revenue bond financing.
2. District. "District" means the Lincoln Mill Facilities District as established in this
Act.
3. Infrastructure and related services. "Infrastructure and related services" means
services that include wastewater treatment, including sewer and sanitary services, for
commercial and industrial users; water service for industrial purposes, including cooling
water, but not for municipal or domestic use; and services incidental to providing and
facilities and infrastructure necessary to provide such wastewater treatment and water
service.
Page 2 - 131LR3087(03)
 4. Operating revenues. "Operating revenues" means funds available to the district
from fees, fares, royalties, sales, rental or sale of property and miscellaneous revenue and
interest not otherwise pledged or dedicated.
5. Real or personal property. "Real or personal property" means those properties and
assets existing within or properties served by the district.
6. Reconstruction. "Reconstruction" means any activities undertaken to maintain or
improve the infrastructure and facilities of the district, or any part of those facilities, as
modern, safe and efficient facilities and includes, but is not limited to, any rebuilding,
redesign, improvement or enlargement of the real properties or environmental mitigation
activities within the district.
Sec. 4. Powers. The district may:
1. Sue and be sued. Sue and be sued;
2. Bylaws or rules. Adopt bylaws or rules consistent with this Act for the governance
of its affairs and the operation of its facilities and as necessary to carry out the provisions
of this Act;
3. General powers. Exercise all of the general powers of corporations under the
Maine Revised Statutes, Title 13-C, section 302;
4. Public safety. Provide for the public safety by imposing appropriate rules,
regulating appropriate use of the facilities and enforcing laws and rules as they apply to the
use of the facilities operated by the district;
5. Fees, charges, rents and sales. Charge and collect fees, charges and rents for
services, sell any products or by-products derived from or related to the provision of
infrastructure and related services and use the proceeds of those fees, charges, rents and
sales for the purposes provided in this Act, both subject to and in accordance with any
agreement with bondholders that may be made as provided in this Act;
6. Licenses and permits. Apply for licenses and permits required to provide
infrastructure and related services authorized by this Act;
7. Land and facilities. Own land, and own, construct, manage and maintain
associated facilities, necessary for the provision of infrastructure and related services. The
district may transfer properties and issue easements required for those facilities and may
own properties and facilities jointly or in common with other public and private entities;
8. Government contracts. Contract with the Federal Government or its
instrumentalities or agencies, the State or its agencies, instrumentalities or municipalities,
public bodies, private corporations, partnerships, associations and individuals in
furtherance of and to carry out the purposes of this Act;
9. Financial assistance. Borrow money and apply for and accept advances, loans,
grants, contributions and other forms of financial assistance from the Federal Government,
the State, municipalities, quasi-municipal entities or other public bodies or from other
sources, public or private, for the purposes of this Act, give any security that is required
and enter into and carry out contracts in connection with that financial assistance;
Page 3 - 131LR3087(03)
 10. Bonds. Enter into loan or security agreements with lending institutions for the
issuance of bonds and exercise with respect to those loan or security agreements the powers
under this Act for the issuance of bonds;
11. Operating revenues; facilities. Provide from operating revenues for the
ownership, maintenance, construction or reconstruction or operation of facilities to ensure
the public safety for which the district has not otherwise provided; and
12. Other actions. Take other lawful actions necessary and incidental to these powers.
Sec. 5. Trustees, appointment; tenure of office; vacancies; first meeting
and organization of board; transition provisions; annual report. The affairs of
the district are managed by a board of trustees composed of 5 trustees who are chosen as
provided in this section.
The trustees of the first board of trustees are appointed to initial terms, and thereafter
trustees are appointed, by the town council of the Town of Lincoln, with one council
member serving as a direct representative of the Town of Lincoln. Trustees need not be
residents of the Town of Lincoln except for the trustee serving as a direct representative of
the council. Each trustee is initially appointed to a one-year, 2-year, 3-year, 4-year or
5-year term in order to create staggered terms for the full board of trustees. Vacancies are
filled by appointment by the council for the unexpired term.
As soon as convenient after their appointments, the first board of trustees shall hold a
meeting at some convenient place in the Town of Lincoln, to be called by any trustee
thereof in writing, designating the time and place and delivered to the other 4 trustees, not
less than 7 days before the meeting. The board shall then organize by electing from their
own members a chair and a clerk. The board shall choose a treasurer of the district, adopt
a corporate seal and bylaws and perform other acts within the powers delegated to the board
by law. The board may choose and fix the compensation of any other necessary officers
and agents, who serve at the pleasure of the board. The treasurer shall furnish bond in such
sum and with such sureties as the trustees approve, the cost thereof to be paid by the district.
Members of the board are eligible to serve in any office of the board. The board may
employ an executive director, technical experts and other agents and employees, permanent
and temporary, that the board requires and may determine their qualifications, duties and
compensation. For required legal services, the board may employ or retain the board's own
counsel and legal staff.
The trustees must be sworn in to faithfully perform their duties, which include the
duties of a member who serves as clerk or clerk pro tem. The trustees shall make and
publish an annual report, including a report of the treasurer.
After the appointment of the first board of trustees, subsequent trustees are appointed
by the council to 5-year terms in accordance with this section.
Sec. 6. Property tax-exempt. The property, rights and franchises of the district are
forever exempt from taxation.
Sec. 7. Authorization to borrow money and to issue bonds and notes. For
accomplishing the purposes of this Act, the district, by resolution of the board of trustees,
is hereby authorized to borrow money temporarily and to issue its negotiable notes and, for
the purpose of renewing and refunding the indebtedness so created, of paying necessary
expenses and liabilities incurred under the provisions of this Act, including organizational
Page 4 - 131LR3087(03)
and other necessary expenses and liabilities, and in acquiring properties, paying damages,
laying sewers, drains and conduits, constructing, maintaining and operating a sewage plant
or system and making renewals, extensions, additions and improvements to the same, and
to cover interest payments during the period of construction. The district, by resolution of
the board, is also hereby authorized to issue bonds, notes or other evidence of indebtedness
of the district in one series, or in separate series, in an amount or amounts at such rates of
interest and on such terms and conditions as the board determines. The bonds, notes and
other evidence of indebtedness are legal obligations of the district and may be secured by
the revenues of and properties owned by the district and must bear the seal of the district
and must be signed by the treasurer of the district and countersigned by the chair of the
board, and any attached interest coupons must bear the facsimile of the signature of the
treasurer. The district may refund and reissue in one series, or in separate series, its bonds,
notes and other evidence of indebtedness, and each authorized issue constitutes a separate
loan. All bonds issued by the district are legal investments for savings banks in the State
and are tax-exempt.
Sec. 8. Rates and tolls; application of revenues. Except as otherwise established
through a specific infrastructure, services or comparable agreement with the district, all
persons and corporations, whether public, private or municipal, shall pay to the treasurer
of the district the entrance rates, tolls, rents and charges and other lawful charges
established by the trustees for the wastewater treatment, including sewer and sanitary
services, and water services used, or to which such beneficial services are available with
respect to their lots or parcels of land, and, in determining real estate interests, the term
"real estate'' as defined in the general laws of the State pertaining to sewer and sanitary
districts may be applied by the trustees.
The entrance rates, tolls, rents and charges and other lawful charges for infrastructure
and related services may be so established as to provide revenue for the following purposes:
1. Expenses. To pay expenses for operating and maintaining the sewer and water
system; and
2. Principal and interest; reserves. To provide for the payment of the principal and
interest on the indebtedness created by the district and to create such reserves as may be
necessary for the operation of the district.
Sec. 9. Lien for payment of rates. Except as otherwise established through a
specific infrastructure, services or comparable agreement with the district, there is a lien to
secure the payment of rates, tolls, rents and charges established under section 8 and legally
assessed on real estate within the district, which takes precedence over all other claims on
such real estate, excepting only claims for taxes.
The treasurer of the district may sue for and collect the rates, tolls, rents and charges,
all of which must be committed to the treasurer.
In addition to other methods previously established by law for the collection of the
rates, tolls, rents and charges, the lien created pursuant to this section may be enforced
pursuant to this section, as long as in making the assessment there is a description of the
real estate served by the several sewers of the district sufficiently accurate to identify the
real estate against which any of the several rates, tolls, rents and charges may be levied.
When a rate, toll, rent or charge has been committed to the treasurer for collection, the
treasurer may, after the expiration of 8 months and within one year after date of
Page 5 - 131LR3087(03)
commitment, in the case of a person residing in the town where the rate, toll, rent or charge
is assessed, give to the person against whom the same is assessed, or leave at the person's
last and usual place of abode, a notice in writing signed by the treasurer stating the amount
of the rate, toll, rent or charge and describing the real estate on which it is assessed, alleging
that a lien is claimed on the real estate to secure the payment of the rate, toll, rent or charge
and demanding its payment within 10 days after the service of the notice. After the
expiration of the 10 days and within 2 days thereafter in the case of a resident of the town
where the rate, toll, rent or charge is assessed and in all other cases within one year from
the date of commitment of the rate, toll, rent or charge to the treasurer, the treasurer shall
record in the registry of deeds of Penobscot County a certificate signed by the treasurer
setting forth the amount of such rate, toll, rent or charge, a description of the real estate on
which the same is assessed and an allegation that a lien is claimed on the real estate to
secure the payment of the rate, toll, rent or charge, that a demand for payment of the same
has been made in accordance with the provisions of this Act and that the rate, toll, rent or
charge remains unpaid. In all cases, except in the case of a resident of the town where the
rate, toll, rent or charge is assessed, the certificate so filed need not contain the allegation
that payment of the rate, toll, rent or charge has been demanded. At the time of the recording
of the certificate in the registry of deeds pursuant to this section, the treasurer shall file in
the office of the district a true copy of the certificate and