APPROVED CHAPTER
JUNE 24, 2021 364
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
S.P. 477 - L.D. 1484
An Act To Establish the Maine Connectivity Authority
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Connectivity Authority, established in this legislation, is charged
with ensuring the universal availability in the State of high-speed connectivity and secure,
affordable, reliable, competitive and sustainable forward-looking advanced
communications technology infrastructure to meet the State's future needs; and
Whereas, there exist significant technology infrastructure needs and gaps in the State
such that many residents and businesses in the State are unable to take full advantage of
the economic, health, educational and other opportunities available through connectivity
services; and
Whereas, significant federal funding under the federal American Rescue Plan Act of
2021, which will be used to fund the activities of the Maine Connectivity Authority in
addressing such needs and gaps, is anticipated to become available before the expiration of
the 90-day period; 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:
Sec. 1. 5 MRSA §12004-G, sub-§33-G is enacted to read:
33-G.
Technology Maine Connectivity Authority Not Authorized 35-A MRSA
§9404
Sec. 2. 5 MRSA §12021, sub-§6, ¶G-1 is enacted to read:
G-1. The Maine Connectivity Authority under Title 35-A, section 9404;
Sec. 3. 35-A MRSA c. 94-A is enacted to read:
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 CHAPTER 94-A
CONNECTIVITY INFRASTRUCTURE
§9401. Short title
This chapter may be known and cited as "the Connectivity Infrastructure Act."
§9402. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Advanced communications technology infrastructure. "Advanced
communications technology infrastructure" means any communications technology
infrastructure or infrastructure improvement that expands the deployment of, or improves
the quality of, broadband availability and wireless service coverage.
2. Authority. "Authority" means the Maine Connectivity Authority established in
section 9404.
3. Bonds. "Bonds" means bonds, debts, notes or other evidences of indebtedness.
4. Communications service. "Communications service" means any wireline voice,
satellite, data, fixed wireless data or video retail service or cellular voice or data service.
5. Project. "Project" means real property, personal property, equipment, fixtures,
materials, wires, cables, labor and other improvements necessary and proper for the
provision of advanced communications technology infrastructure.
§9403. State connectivity goals
1. Goals. The goals of the State related to connectivity are that:
A. High-speed connectivity be universally available in the State, including to all
residents, businesses and community anchor institutions;
B. There be secure, affordable, reliable, competitive and sustainable forward-looking
advanced communications technology infrastructure that can meet current and future
needs;
C. All residents, businesses and institutions in the State be able to take full advantage
of the economic, health, educational and other opportunities available through
connectivity services; and
D. Existing public and private infrastructure be used effectively and efficiently in the
public interest to provide advanced communications technology infrastructure in all
areas of the State.
§9404. Maine Connectivity Authority
1. Establishment; membership. The Maine Connectivity Authority is established as
a body corporate and politic and a public instrumentality of the State, and the exercise by
the authority of the powers conferred by this chapter is deemed and held to be the
performance of essential governmental functions. The authority consists of the following
members:
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 A. Seven voting members appointed by the Governor and confirmed by the Legislature
as follows:
(1) Three members who possess expertise in advanced communications
technology infrastructure or communications service, including, but not limited to,
expertise in network design, network operations and middle mile infrastructure;
(2) One member representing communities in the State;
(3) One member who possesses expertise in banking or financial lending,
including, but not limited to, expertise in the provision of loans or other capital
investments for infrastructure deployment in the State;
(4) One member who possesses expertise in education system needs; and
(5) One member who possesses expertise in telehealth delivery and telehealth
system needs; and
B. Four ex officio voting members as follows:
(1) The Commissioner of Economic and Community Development or the
commissioner's designee;
(2) The Chancellor of the University of Maine System or the chancellor's designee;
(3) The Chief Executive Officer of the Finance Authority of Maine or the officer's
designee; and
(4) The Chief Information Officer within the Department of Administrative and
Financial Services or the officer's designee.
2. Terms; reappointments; vacancies; chair. Members appointed by the Governor
serve 3-year terms, except that 2 such members first appointed serve a one-year term, 2
such members first appointed serve a 2-year term and 3 such members first appointed serve
a 3-year term. Members appointed by the Governor are eligible for reappointment. If a
member appointed by the Governor fails to serve until the expiration of the member's term,
the Governor may appoint a replacement member for the remainder of that member's term.
The Governor shall appoint one member to serve as chair of the authority.
3. President. Upon the recommendation of the authority, the Governor shall appoint
a president of the authority subject to confirmation by the Legislature. The president serves
a 4-year term and is eligible for reappointment. The president shall manage the authority's
programs, services and staff and shall perform other duties the authority considers
appropriate.
4. Officers; quorum. The authority may elect a secretary and a treasurer, who may
but need not be members of the authority. Six members of the authority constitute a
quorum, and the affirmative vote of 6 members is necessary for any action taken by the
authority.
5. Remote participation by members. A member of the authority may participate in
a meeting of the authority and place a vote electronically or telephonically as long as
members of the public have an opportunity to listen to the deliberations and otherwise
participate in or observe the proceedings of the authority.
6. Members not personally liable; indemnification. A member of the authority,
while acting within the scope of this chapter, is not subject to any personal liability resulting
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from the exercise or carrying out of any of the authority's purposes or powers. Each
member of the authority must be indemnified by the authority against expenses actually
and necessarily incurred by the member in connection with the defense of any action or
proceeding in which the member is made a party by reason of being or having been a
member of the authority and against any final judgment rendered against the member in
that action or proceeding.
7. Conflicts. A member of the authority may not participate in any decision on any
contract entered into by the authority under this chapter if that member has any interest,
direct or indirect, in any firm, partnership, corporation or association that is party to the
contract. The interest must be disclosed to the authority in writing and must be set forth in
the minutes of the authority.
§9405. Powers and duties of authority
To carry out the purposes of this chapter, the authority has the following powers with
respect to a project together with all powers incidental to or necessary or proper for the
performance of these powers and for carrying out its responsibilities in accordance with
this chapter:
1. Power to sue and be sued. To sue or initiate or appear in any proceeding. The
authority may be sued on its written contracts or to the extent permitted by Title 1, section
409; Title 5, chapter 375; or Title 14, chapter 741;
2. Official seal. To adopt and have an official seal and alter the seal at pleasure;
3. Bylaws; rules. To adopt bylaws and any rule necessary or useful for carrying out
any of the authority's powers or duties pursuant to this chapter. Rules adopted pursuant to
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter
2-A;
4. Acquire real or personal property. To acquire real or personal property or any
interest in real or personal property, including rights or easements, on either a temporary
or long-term basis by gift, purchase, transfer, foreclosure, lease or otherwise; to improve,
hold, sell with or without public bidding, assign, lease, rent, encumber, mortgage or
otherwise dispose of any real or personal property, any interest in real or personal property
or mortgage interests owned or in its control, custody or possession; and to release or
relinquish any right, title claim, lien, interest, easement or demand, however acquired,
including upon threat of foreclosure;
5. Prepare and plan projects and facilities. To prepare or cause to be prepared plans,
specifications, designs and estimates of costs for the construction and equipping of a project
and attendant facilities and from time to time to modify or cause to be modified those plans,
specifications, designs or estimates;
6. Improve and equip project and attendant facilities. By contract or contracts to
construct, acquire, alter, repair, reconstruct, rehabilitate, improve and equip a project and
necessary and usual attendant facilities;
7. Maintain, reconstruct and operate. To maintain, reconstruct and operate, or cause
to be maintained, reconstructed and operated, a project;
8. Fix and collect fees. To fix and collect fees, lease-rentals and other charges for the
use of any project, equipment or services;
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 9. Provide for financing or refinancing. To provide financing for a project or to
provide for refinancing of existing indebtedness and for the financing of the project and of
other necessary and usual attendant facilities;
10. Incur indebtedness. To borrow money for any of the purposes authorized in this
chapter, incur debt, which includes the issuance of bonds consistent with section 9406,
whether secured or unsecured and whether issued by the authority or through another entity,
including, but not limited to, the Maine Municipal Bond Bank, and secure the same by
mortgage, pledge, trust agreement, security agreement or other lien on or security interest
in the authority's property, rights and privileges of every kind and nature or any part of or
interest in any of them;
11. Equity investments; loans, grants, contractual arrangements. To make alone
or in participation or cooperation with others direct equity investments, loans, grants or any
other contractual arrangement allowed by law with public or private entities in furtherance
of the purposes of this chapter, including, but not limited to, the development and financing
of a project;
12. Make and execute contracts. To make and execute contracts and other
instruments and enter into such transactions as reasonably necessary for the exercise of the
authority's powers and functions under this chapter;
13. Agreements; contributions; aid; grants. To enter into agreements with and to
accept loans, aid, contributions, grants and the cooperation or assistance of the United
States, or any agency of the United States, or of the State or any agency or governmental
subdivision in furtherance of the purposes of this chapter, including, but not limited to, the
development and financing of a project, and to do all things necessary in order to avail the
authority of those agreements, loans, aid, contributions, grants and cooperation;
14. Acceptance of federal funds and other assistance. To act as the public agency
of the State for the purpose of accepting federal funds or other federal assistance or funds
or other assistance from any other source in furtherance of the purposes of this chapter,
including, but not limited to, the development and financing of projects;
15. Modification of contract, lease, indenture or agreement. To consent to any
modification of any contract, lease, indenture or agreement of any kind to which the
authority is a party;
16. Manage or operate real and personal property. To manage or operate, or cause
to be managed or operated, real and personal property, to take assignments of leases and
rentals or to take any other action necessary or incidental to the performance of the
authority's duties under this chapter;
17. Lease or rent facilities or equipment used to transmit voice, data or video
signals. To lease or rent any facilities or equipment for a project for such amounts as the
authority determines to a communications service provider to further the purposes of this
chapter, as long as the obligation of the service provider is considered a binding contract
with the authority and as long as no liability on account of the authority may be incurred
beyond the money available for that purpose or may be considered a liability of the State;
18. Investments. Except as otherwise provided in this chapter, to invest any funds
not needed for immediate use, including any funds held in reserve, in property or in
securities in which fiduciaries in the State may legally invest funds;
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 19. Use of revenues. To use only for the purposes of this chapter any revenues derived
by the authority from any assessment, transfer of funds, lease, assignment, rental agreement
or other disposition or any other revenue;
20. Appearances. To appear on the authority's own behalf before boards,
commissions, departments or agencies of a municipality, the State or the United States;
21. Employees. To hire and compensate employees as well as consulting engineers,
architects, attorneys, accountants and construction and financial experts and such other
individuals as may be necessary in the authority's judgment; and
22. All acts granted or implied. To do any act necessary or convenient to exercise
the powers granted in this chapter or reasonably implied by this chapter.
§9406. Issuance of bonds
1. Conclusive authorization. All bonds of the authority must be conclusively
presumed to be fully authorized and issued under the laws of the State, and any person or
governmental unit is estopped from questioning their authorization, sale, issuance,
execution or delivery by the authority.
2. Maturity; interest. The securities of each issue of bonds must be dated, must
mature at a time or times not exceeding 30 years from their date and must bear interest at
a rate or rates determined by the authority. At the option of the authority, the bonds may be
made redeemable before maturity at a price or prices and under terms and conditions fixed
prior to their issuance.
3. Form. The authority shall determine the form of the bonds, including any attached
interest coupons, the manner of execution of the bonds, the denomination or denominations
of the bonds and the place or places for payment of principal and interest, which may be at
any financial institution within or without the State. Bonds must be executed in the name
of the authority by the manual or facsimile signature of the authorized official or officials.
Signatures and facsimiles of signatures on bonds are valid for all purposes even if the
authorized official ceases to hold office before delivery of the bonds. The bonds may be
issued in coupon or registered form or both as the authority may determine. In addition to
this subsection, the authority may provide for transfer of registration of its registered bonds
by book entry on the records of the entity designated for that purpose and may enter into
such contractual arrangements as may be necessary to accomplish these purposes. In the
event a book entry method of transfer is used, principal of and interest on those registered
bonds must be payable to the registered owner shown in the book entry or the legal
representatives, successors or transferees of the registered owner.
4. Sale. The authority may sell the bonds at a public or private sale, in a manner and
at a price it determines is in the best interest of the authority.
5. Credit not pledged. Bonds of the authority do not constitute any debt or liability
of the State or of any municipality in the State or any political subdivision of the State, or
of the authority or a pledge of the faith and credit of the State or of any such municipality
or political subdivision, but are payable solely from the revenues of the project or projects
for which they are issued or from other eligible colla