APPROVED CHAPTER
APRIL 22, 2024 646
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
H.P. 1478 - L.D. 2290
An Act to Correct Inconsistencies, Conflicts and Errors in the Laws of Maine
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, acts of this and previous Legislatures have resulted in certain technical
inconsistencies, conflicts and errors in the laws of Maine; and
Whereas, these inconsistencies, conflicts and errors create uncertainties and
confusion in interpreting legislative intent; and
Whereas, it is vitally necessary that these uncertainties and this confusion be resolved
in order to prevent any injustice or hardship to the citizens of Maine; and
Whereas, Public Law 2023, chapter 193, An Act to Establish an Exception to the
Hearsay Rule for Forensic Interviews of a Protected Person, established an exception to the
hearsay rule for the recordings of forensic interviews of minors and of certain adults with
disabilities conducted at child advocacy centers, as long as specific due process protections
are diligently followed; and
Whereas, trial courts across the State have reached disparate decisions regarding
whether the Maine Revised Statutes, Title 1, section 302 affects whether Public Law 2023,
chapter 193 applied to pending proceedings; and
Whereas, citizens of the State rely on the Legislature to enact statutes that will be
interpreted consistently; 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. 2 MRSA §9, sub-§3, ¶I, as enacted by PL 2007, c. 656, Pt. C, §1, is
amended to read:
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 I. Monitor energy transmission capacity planning and policy affecting this State and
the regulatory approval process for the development of energy infrastructure pursuant
to Title 35‑A, section 122 and make recommendations to the Governor and the
Legislature as necessary for changes to the relevant laws and rules to facilitate energy
infrastructure planning and development; and
Sec. A-2. 2 MRSA §9, sub-§4, as enacted by PL 2009, c. 655, Pt. C, §2, is amended
to read:
4. Advice to state agencies. The director shall advise state agencies regarding energy-
related principles for agencies to consider, along with the laws and policies governing those
agencies, in conjunction with the sale, lease or other allowance for use of state-owned land
or assets for the purpose of development of energy infrastructure. For the purposes of this
subsection, "state-owned" and "energy infrastructure corridor" have the same meanings as
in Title 35-A, section 122, subsection 1 means owned by the State or by a state agency or
state authority. At a minimum, the director shall consider the following principles in
advising state agencies under this subsection:
A. The principles for the determination of the long-term public interest of the State as
specified in Title 35‑A, former section 122, subsection 1-D, paragraph B;
B. Avoiding wherever possible the use of lands subject to the provisions of the
Constitution of Maine, Article IX, Section 23;
C. Maximizing the benefit realized from the State's strategic location within New
England and the northeastern region; and
D. Complying with the provisions of the memorandum of agreement between the
Maine Turnpike Authority and the Department of Transportation under Title 35‑A,
former section 122, subsection 1-C, when applicable.
Nothing in this subsection alters any of the responsibilities or limits any of the authority of
the Department of Administrative and Financial Services, Bureau of General Services
pursuant to Title 5. Nothing in this subsection alters or limits the ability of departments or
agencies of the State, along with the Bureau of General Services pursuant to Title 5, to
generate or cogenerate energy at state facilities for use on site and elsewhere.
Sec. A-3. 5 MRSA §282, sub-§9, as amended by PL 2017, c. 284, Pt. GG, §2, is
further amended to read:
9. Energy infrastructure benefits fund. To establish an energy infrastructure
benefits fund. Except as otherwise provided by Title 35‑A, section 122, subsections 1-C
and 6-B or any other law, including the Constitution of Maine, the fund consists of any
revenues derived from the use of state-owned land and assets for energy infrastructure
development pursuant to Title 35‑A, section 122. Each fiscal year, the Treasurer of State
shall transfer revenues collected in the fund to the Efficiency Maine Trust for deposit by
the Efficiency Maine Trust Board in program funds pursuant to Title 35‑A, section 10103,
subsection 4 and use by the trust in accordance with Title 35‑A, section 10103, subsection
4‑A. For the purposes of this subsection, "energy infrastructure" and "state-owned" have
the same meanings as in Title 35‑A, former section 122, subsection 1;
Sec. A-4. 5 MRSA §943, sub-§1, ¶K, as amended by PL 2023, c. 412, Pt.
AAAAA, §1 and affected by §3, is further amended to read:
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 K. Director, Bureau of Rehabilitation Services; and
Sec. A-5. 5 MRSA §6203-B, sub-§1, as amended by PL 2023, c. 284, §6, is further
amended to read:
1. Fund established. The Maine Working Waterfront Access Protection Fund,
referred to in this section as "the fund," is established and is administered by the board in
cooperation with the Commissioner of Marine Resources under the provisions of this
chapter and Title 12, section 6031‑A 6042. The fund consists of the proceeds from the sale
of bonds authorized for the purposes set forth in subsection 3 and funds received as
contributions from private and public sources for those purposes. The fund must be held
separate and apart from all other money, funds and accounts, except that eligible investment
earnings credited to the assets of the fund become part of the assets of the Land for Maine's
Future Trust Fund. Any balance remaining in the fund at the end of a fiscal year must be
carried forward for the next fiscal year.
Sec. A-6. 5 MRSA §7054-A, as corrected by RR 2023, c. 1, Pt. B, §24 and affected
by §50, is amended to read:
§7054-A. Access to register for ASPIRE-JOBS ASPIRE-TANF participants
In making referrals to a position on an open competitive basis in the classified service,
preference must be given to ASPIRE-JOBS ASPIRE-TANF participants as set forth in this
section.
1. Eligibility. Candidates must be active participants of the ASPIRE-JOBS Program
ASPIRE-TANF program, as defined in Title 22, chapter 1054‑A, or current recipients of
Temporary Assistance for Needy Families who have completed the ASPIRE-JOBS
Program ASPIRE-TANF program within the past year at the time an application for
employment is filed with the Bureau of Human Resources in order to be eligible for
preference under this section. Candidates shall make their status in the ASPIRE-JOBS
Program ASPIRE-TANF program known to the State Human Resources Officer in a
manner prescribed by the officer. Eligibility for preference continues for a period of one
year after the date of application for employment and may be renewed at the end of one
year at the request of the candidate if the candidate continues to meet the other eligibility
criteria specified in this subsection. A candidate receives preference only if the candidate
has earned a qualifying rating on all relevant examinations.
2. Certification preference. Preference is limited to referral of the highest scoring
ASPIRE-JOBS Program ASPIRE-TANF program participant as an additional candidate to
be interviewed. If the normal certification procedure includes an eligible ASPIRE-JOBS
Program ASPIRE-TANF program participant, further preferential certification may not be
made. Preference under this section may not exclude a person who would be referred
normally.
Sec. A-7. 5 MRSA §7068, sub-§1, ¶A, as corrected by RR 2023, c. 1, Pt. B, §40
and affected by §50, is amended to read:
A. In carrying out these programs, the officer shall invite and include, to the extent
they wish to participate, representatives of the Bureau of Employee Health Human
Resources, the Maine Public Employees Retirement System and employee
representatives who are bargaining agents for any or all of the state employees
attending the conference. Such employee representatives participate as the officer
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 provides in the program, but must at least be given the chance to address employees in
represented bargaining units on the rights and obligations of employees under the
contract for their bargaining unit and as to insurance programs and other benefits that
are available from the employee representative.
Sec. A-8. 5 MRSA §12004-G, sub-§30-D, as enacted by PL 2009, c. 655, Pt. A,
§1, is repealed.
Sec. A-9. 5 MRSA §23001, sub-§2-A, as enacted by PL 2007, c. 551, §2, is
amended to read:
2-A. Report to committees. Submit a biennial report beginning March 1, 2009,
compiled by the Director of the Bureau of Human Resources State Human Resources
Officer within the Department of Administrative and Financial Services, on the plans
developed pursuant to subsection 2 to the joint standing committees of the Legislature
having jurisdiction over state and local government matters and over labor matters and to
the Governor's office. The report must include any changes made to the plans, an
assessment made by the director officer of the effectiveness of the plans and any
recommendations for legislative action pertaining to the report. The joint standing
committee of the Legislature having jurisdiction over state and local government matters
may submit legislation pertaining to the report to the first regular session of each
Legislature;
Sec. A-10. 6 MRSA §244, first ¶ is amended to read:
Any person aggrieved by any decision of the board of appeals, or any taxpayer, or any
officer, department, board or bureau of the political subdivision may appeal to the Superior
Court in the manner provided for appeal on estimate the determination of damages for town
ways in Title 23, section 3005 3029.
Sec. A-11. 10 MRSA §1663, sub-§1, ¶A, as amended by PL 2023, c. 43, §1, is
further amended to read:
A. "Biodiesel" means a renewable, fuel composed of biodegradable mono-alkyl esters
of long chain fatty acids derived from plant oils or animal fats that meets the
requirements of the most recent ASTM International standard D6751. "Biodiesel"
includes fuel that otherwise meets the requirements of this paragraph and also contains
up to 1% diesel fuel.
Sec. A-12. 12 MRSA §685-A, sub-§11, as amended by PL 2007, c. 656, Pt. A, §1,
is further amended to read:
11. Exemptions. Real estate used or to be used by a public utility, as defined in Title
35‑A, section 102, subsection 13, or a person who is issued a certificate by the Public
Utilities Commission under Title 35‑A, section 122 may be wholly or partially exempted
from regulation to the extent that the commission may not prohibit such use but may impose
terms and conditions for use consistent with the purpose of this chapter, when, upon timely
petition, notice and public hearing, the Public Utilities Commission determines that such
exemption is necessary or desirable for the public welfare or convenience. The Public
Utilities Commission shall adopt by rule procedures to implement this subsection. Rules
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter
375, subchapter 2‑A.
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 Sec. A-13. 12 MRSA §6302-A, sub-§2, as amended by PL 2013, c. 254, §2 and
PL 2023, c. 369, Pt. A, §4 and affected by §5, is further amended by amending the first
blocked paragraph to read:
For purposes of this subsection, "sustenance use" means all noncommercial consumption
or noncommercial use by any person within Passamaquoddy Indian territory, as defined in
Title 30, section 6205, subsection 1, Penobscot Indian territory, as defined in Title 30,
section 6205, subsection 2, Aroostook Band Mi'kmaq Nation Trust Land, as defined in
Title 30, section 7202 7203, subsection 2 6, or Houlton Band Trust Land, as defined in
Title 30, section 6203, subsection 2‑A, or at any location within the State by a tribal
member, by a tribal member's immediate family or within a tribal member's household.
The term "sustenance use" does not include the sale of marine organisms.
Sec. A-14. 12 MRSA §6302-A, sub-§10, as amended by PL 2013, c. 8, §1 and PL
2023, c. 369, Pt. A, §4 and affected by §5, is further amended to read:
10. Agent. For purposes of this section, an agent of the Mi'kmaq Nation is any entity
authorized by the Aroostook Band of Micmacs Mi'kmaq Nation Tribal Council to act on
its behalf under this section and an agent of the Houlton Band of Maliseet Indians is any
entity authorized by the Houlton Band of Maliseet Indians Tribal Council to act on its
behalf under this section. The Aroostook Band of Micmacs Mi'kmaq Nation Tribal Council
shall certify to the department any agent it has designated to act on its behalf under this
section. The Houlton Band of Maliseet Indians Tribal Council shall certify to the
department any agent it has designated to act on its behalf under this section.
Sec. A-15. 12 MRSA §10853, sub-§8, as amended by PL 2023, c. 228, §6 and c.
369, Pt. A, §4 and affected by §5, is further amended to read:
8. Members of federally recognized Indian nation, band or tribe. The
commissioner shall issue a hunting, trapping and fishing license, including an archery
hunting license under this chapter, and including all permits, stamps and other permission
needed to hunt, trap and fish, to a person who is an enrolled member of the Passamaquoddy
Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or the Mi'kmaq Nation
that is valid for the life of that person without any charge or fee pursuant to section 11109,
if the person presents certification from the appropriate reservation chief or governor or the
Aroostook Micmac Mi'kmaq Nation Tribal Council stating that the person described is an
enrolled member of a federally recognized Indian nation, band or tribe listed in this
subsection. Holders of these licenses are subject to this Part, including, but not limited to,
a lottery or drawing system for issuing a particular license or permit. Members of a
federally recognized Indian nation, band or tribe listed in this subsection are exempt from
the trapper education program required for a license under section 12201, the bear trapping
education course required by section 12260‑A, subsection 4 and the archery hunter
education course under section 11106. A license holder under this subsection who qualifies
to hunt during the special season on deer under section 11153 and who meets the eligibility
requirements of section 11106 must have included in that person's license one antlerless
deer permit and one either-sex permit.
Sec. A-16. 12 MRSA §12201, sub-§3, ¶A, as amended by PL 2017, c. 164, §15
and PL 2023, c. 369, Pt. A, §4 and affected by §5, is further amended to read:
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 A. A person who is an enrolled member of the Passamaquoddy Tribe, the Penobscot
Nation, the Houlton Band of Maliseet Indians or the Mi'kmaq Nation who presents
certification from the respective reservation chief or governor or the Aroostook
Micmac Mi'kmaq Nation Tribal Council stating that the person is an enrolled member
of a federally recognized nation, band or tribe listed in this paragraph is exempt from
the requirements of this subsection.
Sec. A-17. 12 MRSA §12260-A, sub-§4, as amended by PL 2023, c. 228, §10 and
c. 369, Pt. A, §4 and affected by §5, is further amended by amending the 2nd blocked
paragraph to read:
A person who is an enrolled member of the Passamaquoddy Tribe, the Penobscot Nation,
the Houlton Band of Maliseet Indians or the Mi'kmaq Nation who presents certification
from the appropriate reservation chief or governor or the Aroostook Micmac Mi'kmaq
Nation Tribal Council stating that the person is an enrolled member of a federally
recognized Indian nation, band or tribe listed in this paragraph is exempt from this
subsection.
Sec. A-18. 12 MRSA §13068-A, sub-§10, ¶A, as amended by PL 2021, c. 166,
§1, is further amended by amending the first blocked paragraph to read:
As used in this paragraph, "motorboat" does not include an "airboat," which has the
same meaning as in paragraph A‑2. airboat. For the purposes of this paragraph,
"airboat" means a flat-bottomed watercraft propelled by an aircraft-type propeller and
powered by either an aircraft engine or an automotive engine.
Sec. A-19. 15 MRSA §6203, sub-§1, ¶F, as enacted by PL 2023, c. 199, §1, is
amended to read:
F. To prosecute a survivor for engaging in prostitution under Title 17-A, former section
853‑A; or
Sec. A-20. 15 MRSA §6203, sub-§2, ¶F, as enacted by PL 2023, c. 199, §1, is
amended to read:
F. Engaging in prostitution under Title 17-A, former section 853-A; and
Sec. A-21. 20-A MRSA §1352, sub-§2, ¶I, as amended by PL 2023, c. 405, Pt.
A, §38, is further amended to read:
I. When a referendum is called for the purpose of approving the agreement to transfer
a municipality from one district to another district, the article must be in the form set
forth in section 1467, subse