Legislative Document No. 911 S.P. 265 In Senate, February 19, 2019
An Act To Authorize a General Fund Bond Issue To Promote Land Conservation, Working Waterfronts, Water Access and Outdoor Recreation
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered printed.
DAREK M. GRANT Secretary of the Senate Presented by Senator BREEN of Cumberland. Cosponsored by Representative COREY of Windham and Senators: BLACK of Franklin, CARPENTER of Aroostook, CARSON of Cumberland, CHENETTE of York, CHIPMAN of Cumberland, CLAXTON of Androscoggin, CYRWAY of Kennebec, DESCHAMBAULT of York, DIAMOND of Cumberland, DILL of Penobscot, FARRIN of Somerset, FOLEY of York, GRATWICK of Penobscot, HERBIG of Waldo, President JACKSON of Aroostook, LAWRENCE of York, LUCHINI of Hancock, MILLETT of Cumberland, MIRAMANT of Knox, POULIOT of Kennebec, SANBORN, H. of Cumberland, SANBORN, L. of Cumberland, VITELLI of Sagadahoc, WOODSOME of York, Representatives: ALLEY of Beals, AUSTIN of Skowhegan, AUSTIN of Gray, BABBIDGE of Kennebunk, BABINE of Scarborough, BAILEY of Saco, BEEBE- CENTER of Rockland, BLIER of Buxton, BLUME of York, BRENNAN of Portland, BROOKS of Lewiston, BRYANT of Windham, CAIAZZO of Scarborough, CARDONE of Bangor, CARNEY of Cape Elizabeth, COLLINGS of Portland, COOPER of Yarmouth, CRAVEN of Lewiston, DAUGHTRY of Brunswick, DENK of Kennebunk, DODGE of Belfast, DOORE of Augusta, DOUDERA of Camden, DUNPHY of Old Town, EVANGELOS of Friendship, FARNSWORTH of Portland, FAY of Raymond, FECTEAU of Biddeford, FOLEY of Biddeford, GATTINE of Westbrook, GRAMLICH of Old Orchard Beach, GROHOSKI of Ellsworth, HANDY of Lewiston, HARNETT of Gardiner, HARRINGTON of Sanford, HEPLER of Woolwich, HICKMAN of Winthrop, HIGGINS of Dover-Foxcroft, HOBBS of Wells, INGWERSEN of Arundel, JORGENSEN of Portland, KESCHL of Belgrade, KINNEY of Knox, LANDRY of Farmington, LYFORD of Eddington, MARTIN of Eagle Lake, MARTIN of Sinclair, MARTIN of Greene, MASTRACCIO of Sanford, MATLACK of St. George, MAXMIN of Nobleboro, McCREA of Fort Fairfield, McCREIGHT of Harpswell, McDONALD of Stonington, MEYER of Eliot, MOONEN of Portland, MORALES of South Portland, MORRIS of Turner, O'NEIL of Saco, PEBWORTH of Blue Hill, PEOPLES of Westbrook, PERRY of Calais, PIERCE of Falmouth, PLUECKER of Warren, RECKITT of South Portland, ROBERTS-LOVELL of South Berwick, RYKERSON of Kittery, SCHNECK of Bangor, SKOLFIELD of Weld, STANLEY of Medway, STEARNS of Guilford, STOVER of Boothbay, TALBOT ROSS of Portland, TEPLER of Topsham, TERRY of Gorham, TUCKER of Brunswick, TUELL of East Machias, WARREN of Hallowell, ZEIGLER of Montville.
Printed on recycled paper 1 Preamble. Two thirds of both Houses of the Legislature deeming it necessary in 2 accordance with the Constitution of Maine, Article IX, Section 14 to authorize the 3 issuance of bonds on behalf of the State of Maine to provide funds as described in this 4 Act,
5 Be it enacted by the People of the State of Maine as follows:
6 Sec. 1. Authorization of bonds. The Treasurer of State is authorized, under the 7 direction of the Governor, to issue bonds in the name and on behalf of the State in an 8 amount not exceeding $95,000,000 for the purposes described in section 6 of this Act. 9 The bonds are a pledge of the full faith and credit of the State. The bonds may not run for 10 a period longer than 10 years from the date of the original issue of the bonds.
11 Sec. 2. Records of bonds issued; Treasurer of State. The Treasurer of State 12 shall ensure that an account of each bond is kept showing the number of the bond, the 13 name of the successful bidder to whom sold, the amount received for the bond, the date of 14 sale and the date when payable.
15 Sec. 3. Sale; how negotiated; proceeds appropriated. The Treasurer of State 16 may negotiate the sale of the bonds by direction of the Governor, but no bond may be 17 loaned, pledged or hypothecated on behalf of the State. The proceeds of the sale of the 18 bonds, which must be held by the Treasurer of State and paid by the Treasurer of State 19 upon warrants drawn by the State Controller, are appropriated solely for the purposes set 20 forth in this Act. Any unencumbered balances remaining at the completion of the project 21 in this Act lapse to the Office of the Treasurer of State to be used for the retirement of 22 general obligation bonds.
23 Sec. 4. Interest and debt retirement. The Treasurer of State shall pay interest 24 due or accruing on any bonds issued under this Act and all sums coming due for payment 25 of bonds at maturity.
26 Sec. 5. Disbursement of bond proceeds. The proceeds of the bonds must be 27 expended as set out in this Act under the direction and supervision of the Department of 28 Agriculture, Conservation and Forestry.
29 1. The proceeds of the bonds for the Land for Maine's Future Board as set out in 30 section 6 must be expended by the Department of Agriculture, Conservation and Forestry 31 for acquisition of land and interest in land for conservation, water access, outdoor 32 recreation, wildlife or fish habitat, farmland preservation in accordance with the 33 provisions for such acquisitions under the Maine Revised Statutes, Title 5, chapter 353 34 and working waterfront preservation in accordance with the terms of Public Law 2005, 35 chapter 462, Part B, section 6, including all costs associated with such acquisitions, 36 except that use of the proceeds of these bonds is subject to the following conditions and 37 requirements. 38 A. Hunting, fishing, trapping and public access may not be prohibited on land 39 acquired with bond proceeds, except to the extent of applicable state, local or federal
Page 1 - 129LR0916(01)-1 1 laws, rules and regulations and except for working waterfront projects and farmland 2 protection projects. 3 B. Payment from bond proceeds for acquisitions of local or regional significance, as 4 determined by the Land for Maine's Future Board, may be made directly to 5 cooperating entities as defined in Title 5, section 6201, subsection 2 for acquisition of 6 land and interest in land by cooperating entities, subject to terms and conditions 7 enforceable by the State to ensure its use for the purposes of this Act. In addition to 8 the considerations required under Title 5, chapter 353, the board shall give a 9 preference to acquisitions under this paragraph that achieve benefits for multiple 10 towns and that address regional conservation needs including public recreational 11 access, wildlife, open space and farmland. 12 C. The bond funds expended for conservation, recreation, working waterfronts, 13 farmland and water access must be matched with at least $75,000,000 in public and 14 private contributions. Seventy percent of that amount must be in the form of cash or 15 other tangible assets, including the value of land and real property interest acquired 16 by or contributed to cooperating entities, as defined in Title 5, section 6201, 17 subsection 2, when property interests have a direct relationship to the property 18 proposed for protection, as determined by the Land for Maine's Future Board. The 19 remaining 30% may be matching contributions and may include the value of project- 20 related, in-kind contributions of goods and services to and by cooperating entities. 21 D. Because portions of the State have deer populations that are struggling and deer 22 wintering habitat protection is vital to the survival and enhancement of these 23 populations, projects that conserve and protect deer wintering areas are considered to 24 have special value and must receive preferential consideration during scoring of new 25 applications for support under Title 5, chapter 353. 26 E. To the extent the purposes are consistent with the disbursement provisions in this 27 Act, 100% of the bond proceeds may be considered as state match for any federal 28 funding to be made available to the State. 29 2. The Department of Agriculture, Conservation and Forestry and the Department of 30 Inland Fisheries and Wildlife shall take a proactive approach to pursuing land 31 conservation projects that include conservation of priority deer wintering areas. Priority 32 deer wintering areas are of at least 500 acres or contiguous with existing conservation 33 land so that the combined acreage constitutes at least 500 acres, have been historically 34 used by deer at some point since 1950 and are capable of providing shelter for deer on the 35 effective date of this Act or within 20 years. The Department of Inland Fisheries and 36 Wildlife shall include in conservation negotiations under this section provisions for the 37 appropriate management of priority deer wintering areas. Land and interest in land 38 purchased by the State that contains priority deer wintering areas must be managed using 39 protocol provided by the Department of Inland Fisheries and Wildlife.
40 3. Of the bond proceeds allocated to the Land for Maine's Future Board, at least 5% 41 must be made available to acquire public access to water in accordance with Title 5, 42 section 6203-A.
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