123rd Legislature – Second Session (2008)
(as of 5-15-08)
LD 305 (A “carry over” bill from 2007) – This bill appropriates $125,000 for FY 08 and FY 09 to provide to the Department of Economic and Community Development to enter into partnerships with private businesses to install cellular telephone towers in underserved rural areas where there is currently no signal, or to place cellular telephone equipment on state-owned towers in those areas.
As finally enacted, this resolve directs the Department of Administrative and Financial Services (DAFS) to investigate the possibility of negotiating with providers of cellular telephone service for use of the state-owned tower located in St. Francis, in Aroostook County, for the purpose of expanding cellular telephone services in northern Maine. DAFS is required to report the results of its investigation to the Appropriations Committee by January 15, 2009. Finally passed; Resolves 2007, c. 212LD 446 (A “carry over” bill from 2007) – As printed, this “concept draft” bill would implement a comprehensive study of the sex offender registration law and implement a program to educate and support law enforcement to more effectively use risk assessment information and ensure public safety.
As enacted, this bill makes numerous changes to the sex offender registration laws, including: (1) redefining some of the crimes that trigger the requirement to register; (2) distinguishing the duty to register as a sex offender from sentencing and probation standards that are applied by the courts; (3) clarifying that an offender must be notified of a duty to register by a court, the Department of Corrections, the State Bureau of Identification or a law enforcement agency; (4) clarifying and re-establishing the duty of a sex offender to register with respect to convictions of crimes that trigger the registration requirement that were imposed in the past; and (5) authorizing the State Bureau of Identification to correct the term of a registration erroneously assigned to an offender or registrant provided certain notification procedures are followed. DEAD (vetoed by the Governor)LD 543 (A “carry over” bill from 2007) – This resolve establishes the Maine Tree Growth Tax Law Review Committee, made up of municipal officials and owners of land enrolled in the Tree Growth program, to examine and make recommendations regarding a number of administrative issues related to the Maine Tree Growth tax law. The Committee’s report and recommendations must be submitted back to the Legislature’s Taxation Committee by December 15, 2007.
As finally enacted, this resolve directs Maine Forest Service (MFS) within the Department of Conservation to convene a task force of no more than seven members to review issues associated with the Tree Growth tax law: (1) the advisability of using more up-to-date data regarding timber growth rates in the determination of Tree Growth acreage rates; (2) the advisability of establishing Tree Growth acreage rates for differently organized or larger regions rather than on a county-by-county basis, which is current practice; (3) determining whether data supports the perception that some land is being classified under the Tree Growth program that does not meet the statutory requirements or the purpose of the Tree Growth tax law, utilizing information collected by MFS, Maine Revenue Services, municipal assessors, and others; (4) determining the best methods for ensuring that municipalities and landowners are aware of the requirements of the Tree Growth tax law. A report on the findings of this task force must be submitted to the Taxation Committee by January 15, 2009. Finally passed; Resolves 2007, c. 197
LD 599 (A “carry over” bill from 2007) – This Act authorizes the creation of an Airport Authority for the purpose of enabling the creation of regional airports that both serve and are supported by multiple municipalities. The enabling legislation describes the necessary elements of an airport authority's charter, the general manner by which the airport authority's board of directors is elected or appointed, the airport authority's capacity to issue bonds the procedures to follow in order to ascertaining the airport authority's debt limits, the airport authority's capacity to acquire property and the procedures that must be followed if the airport authority exercises its right to use the process of eminent domain, and the airport authority's tax status. The express purpose of the Act is to provide a streamlined process for the creation of airport authorities without in any way precluding the operation of airports that may be created or operated pursuant to any other law or authority. Enacted; PL 2007, c. 563
LD 810 (A “carry over” bill from 2007)– This “concept draft” bill proposes to amend the laws governing the duties and responsibilities for managing solid waste by revising the respective duties of the Department of Environmental Protection and the State Planning Office in order to eliminate redundancy as well as gaps in oversight.
As enacted, this bill amends the laws governing the state’s management of solid waste in a number of ways, including: (1) establishing licensing standards for new or expanded solid waste disposal facilities (with some exception) that require all accepted waste to be subject to recycling and source reduction programs; (2) establishing licensing standards for solid waste processing facilities that generate residue requiring disposal (with some exception) that require the facility to recycle or process into fuel for combustion all waste accepted at the facility to the maximum extent possible but in no case at a rate less than 50%; (3) directs the State Planning Office (SPO) to include analyses of marketplace consolidation and solid waste landfill fill rates in the SPO’s annual solid waste reports; (4) directs the Department of Environmental Protection (DEP) to prepare a report on solid waste odor management; (5) directs SPO and DEP to develop a system by which solid waste management activities are performed by the two agencies; and (6) directs the DEP to prepare a report detailing a method of setting mandatory recycling standards for all solid waste disposal facilities. Enacted; PL 2007, c. 583LD 885 (A “carry over” bill from 2007)– This Act implements the recommendations of a Commission to Study the Cost of Providing Certain Services in the Unorganized Territories. The Act has seven parts:
Part A of the Act provides authority for county commissioners to impose service fees for certain types of services provided in the unorganized territory. Service fees must be based on the actual cost of providing the service, imposed only on persons actually receiving the service and imposed on all similarly situated persons receiving the service. Revenues must be used to reduce property taxes.
Part B of the Act changes the method of assessing areas under the jurisdiction of the Maine Land Use Regulation Commission for the cost of providing land use regulatory services. The unorganized territory will be assessed a fee equal to .013% of state valuation. Towns and plantations under the jurisdiction of the Maine Land Use Regulation Commission will be assessed a fee equal to .015% of state valuation.
Part C of the Act provides that the Commissioner of Education may not provide or reimburse parents within the unorganized territory for providing transportation for students over roads that have not been accepted by the county as public roads or that do not meet Department of Transportation standards. Part C also provides that beginning with FY 2010, the Commissioner may not reimburse parents in the unorganized territory for the transportation of a student.
Part D of the Act requires the State Controller to establish an Unorganized Territory Education and Services Fund that is in accordance with the standards of a governmental accounting standards board as they apply to financial statements.
Part E of the Act increases the fee paid to agents collecting motor vehicle and watercraft excise taxes in the unorganized territory from $4 to $6.
Part G of the Act authorizes the county commissioners to enact an ordinance related to road construction, repair and maintenance on roads in the unorganized territory in which the county has a property interest. Enacted; PL 2007, c. 541LD 1038 – (A “carry over” bill from 2007) – As printed, this bill creates the Maine Home Contractor Licensing Act, which establishes a 9-member licensing board and licensing standards for residential construction contractors. The licensing board includes two public members, four home contractors, one municipal code enforcement officer, one engineer or architect, and one representative of the Maine Fire Service. The bill restricts the residential building codes that municipalities may adopt to the International Residential Building Code, either as modified and adopted by the licensing board as the “Maine Model Residential Building Code” or as tailored to the municipality’s needs. According to the bill, the licensing requirements of the Act become effective one year after at least 56 of 83 specifically listed municipalities have adopted the International Residential Building Code, and the population covered by those 56-or-more municipalities represents at least 75% of the aggregate population of those 83 listed municipalities.
As enacted, this resolve directs the Department of Financial and Professional Regulation to study the issue of residential contractor licensing. The department is required to report its recommendations for residential contractor licensing to the Legislature by January 4, 2010. Finally passed; Resolves 2007, c. 219LD 1221 (A “carry over” bill from 2007) – This bill amends the Kennebunk Light and Power District (the “District”) charter to allow the District to provide retail electric service throughout the entire town of Kennebunk provided the District acquires by purchase the plants, properties, rights, privileges and franchises of any other public utility furnishing electric service to the public in the areas of Kennebunk that are not presently served by the District. Enacted; P & SL 2007, c. 35 (6/20/08)
LD 1413 (A “carry over” bill from 2007) – As printed, this bill would allow municipalities to assess fees to cover the cost of municipal services, except for education or welfare, against nongovernmental tax exempt entities that would have a taxable value of more than $10 million if they were not tax exempt.
As enacted, LD 1413 is a resolve that directs Maine Revenue Services to assemble a working group made up of municipal officials and representatives of tax exempt corporations to study and make recommendations regarding the “service charge” statute that currently exists in Maine law and allows certain service fees to be applied to a limited class of tax exempt institutions. The working group is charged with:
1. Studying how the statute is designed to be implemented under current law;
2. Developing alternative methods of calculating the direct cost of municipal services that are provided to tax exempt institutions.
3. Identifying any institutions that should not be subject to service charges, either by category, size, assessed value or other circumstance;
4. Recommending whether service charges should be applied through the enactment of local ordinances or uniformly across municipal jurisdictions as a matter of state law; and
5. Determining all the administrative issues that should be addressed, such the process of appeal, assessment and collection procedures, assessment limitations and the municipal use of service fee revenue.
The working group is scheduled to submit its report along with any recommendations to the Taxation Committee no later than December 15, 2008, and the Taxation Committee is authorized to report out legislation to implement any recommended changes to the current law. Finally Passed; Resolves 2007, c. 146 (6/20/08)LD 1684 (A “carry over” bill from 2007) – As printed, this bill would provide a broad range of regulatory protections and tax benefits to certain agricultural operations. Specifically, the bill: (1) defines agricultural protection areas as contiguous or noncontiguous parcels of land which in the aggregate are at least 250 acres in size and produce $10,000 worth of agricultural value; (2) exempts agricultural protection areas from municipal regulation or municipal nuisance actions; (3) establishes the valuation of agricultural protection areas as a matter of state law and in accordance with the Farmland valuation system; (4) releases the penalty for withdrawing property from the agricultural protection program to a one-year-back-taxes penalty rather than the constitutional five-year-back-taxes penalty; (5) establishes that all farm, farm operation or agricultural composting operations are not a public or private nuisance if they are conducted according to generally accepted agricultural practices according to the Commissioner of the Department of Agriculture (DOA); (6) require municipalities to submit any proposed ordinance that may affect farm operations to the Commissioner of the DOA three months before the scheduled meeting to adopt the proposed ordinance in order to solicit the Commissioner’s opinion as to whether the proposed ordinance would restrict or prohibit the use of accepted agricultural practices; (7) restricts municipalities from acting in any way to diminish the value of agricultural property; (8) requires municipalities and other governmental entities to provide written assessments of the potential impacts of any governmental activity that might diminish the value of agricultural property, etc.
This emergency Act moves the body of law governing the circumstances under which a farm or agricultural operation can and cannot be considered a “nuisance”, as well as the degree to which municipal ordinances are enforceable with respect to agricultural operations, from the title of Maine law regarding “crimes” to the title of Maine law regarding agriculture. This Act also establishes an 11-member Commission to Study the Protection of Farms and Farmland and directs the Commission to develop farmland protection recommendations. The Commission includes one member representing municipal interests appointed by the Speaker of the House. The Commission must submit its findings and recommendations to the Legislature by November 5, 2008. Emergency enacted; PL 2007, c. 649 (4/18/08)
LD 1697 (A “carry over bill from 2007) – As printed, this bill increases the current state minimum wage of $7.00 per hour to $7.70 per hour beginning on October 1, 2008 and to $8.40 per hour beginning on October 1, 2009. The bill would also automatically index future increases to the state minimum wage according to Consumer Price Index-based adjustments.
As enacted, this bill increases the current state minimum wage of $7.00 per hour to $7.25 per hour beginning on October 1, 2008 and to $7.50 per hour beginning on October 1, 2009. Enacted; PL 2007, c. 640
LD 1881 (A “carry over” bill from 2007) – As printed, this bill would make a number of amendments to Maine’s Freedom of Information Act (a.k.a. the Right To Know law). Those amendments include: (1) creating a right for people to request public records by telephone and receive mailed photocopies in response; (2) requiring all municipalities to appoint a “public information officer” to handle all requests for public records; (3) prohibiting any employee or appointee of a municipality from inquiring of anyone why they are requesting a public record; (4) requiring municipalities to provide public records for inspection in a place and manner that provides “reasonable comfort and facility” to the person requesting the inspection; and (5) requiring municipalities to “certify” the temporary unavailability of any public record that is being requested for inspection.
As amended by Committee and passed to be enacted, this bill makes two amendments to the section of the Right to Know law regarding the right of any person to inspect and copy a “public record”. The bill: (1) permits a governmental agency or official to request clarification concerning which public records are being requested; and (2) requires the governmental agency or official to acknowledge receipt of the request to inspect the public record within a reasonable period of time. Enacted; PL 2007, c. 501 (6/20/08)LD 1923 (A “carry over” bill) – This bill creates a new position with the Attorney General’s Office of “Public Access Ombudsman”. The ombudsman is charged with responding to inquiries and complaints, providing educational materials, providing advisory opinions, and preparing reports and recommendations for the Legislature with respect to Maine’s Freedom of Access (or “Right to Know”) law. The bill authorizes the ombudsman to access records that may otherwise be considered confidential for the purpose of making recommendations concerning whether a public agency or official may release the records.
As amended by Committee and passed to be enacted, this bill appropriates $41,000 for the purpose of funding the creation of a “public access” division within the Attorney General’s Office and hiring a “Public Access Ombudsman” as a pilot project to occur during FY 09 if the funding becomes available. The ombudsman would be charged with responding to inquiries and complaints, providing educational materials, providing nonbinding advisory opinions, and preparing reports and recommendations for the Legislature with respect to Maine’s Freedom of Access (or “Right to Know”) law. The bill authorizes the ombudsman to access records that may otherwise be considered confidential for the purpose of making nonbinding recommendations concerning whether a public agency or official may release the records. Enacted; PL 2007, c. 603LD 1931 (A “carry over” bill from 2007) – This bill amends the school regionalization and consolidation law enacted as part of the biennial state budget (LD 499) by removing language from that legislation that required the merging of employee bargaining units when school systems are consolidated so as to preserve existing bargaining units, collective bargaining agents and existing collective bargaining obligations.
As amended by Committee and enacted by the Legislature, this bill extends the deadline for the merger of the bargaining units represented by different collective bargaining agents that may exist within a reorganized school system pursuant to the school consolidation law until August 31, 2012. Enacted; PL 2007, c. 56612-20-07
LD 1932 – This bill amends the school reorganization law enacted in 2007 to: (1) allow the cost sharing formulas for multi-municipal school districts to be developed locally rather than be necessarily fixed by statute; (2) repeal the requirement that every municipality entering into a new school district organization levy a mill rate effort for education of at least 2 mills; and (3) provide the minimum subsidy benefit that so-called “minimum subsidy receiver” municipalities receive under current law even when those municipal school systems become part of larger school districts and therefore lose their minimum subsidy receiver status.
As amended by the Committee, this bill also delays until 2009 the implementation of the mandatory school budget validation process. The mandatory budget validation procedures were originally enacted to begin in 2008. DEAD (vetoed by the Governor)LD 1933 – This bill extends the deadline to apply to borrow funds from the Finance Authority of Maine to assist with the remediation of the Plymouth waste oil site. The original deadline was 180 days from June 4, 2007. The deadline established by this bill is 365 days from June 4, 2007. Emergency enacted; PL 2007, c. 479 (2/14/08)
LD 1936 – This bill amends the charter of the Great Salt Bay Sanitary District to allow the district to supply wastewater services to the Town of Nobleboro, provided that service is approved by Nobleboro voters at referendum.
As amended by Committee and passed to be enacted, this bill amends the charter of the Great Salt Bay Sanitary District to allow the district to supply wastewater services to the Town of Nobleboro, provided that service is approved by the voters of the expanded sanitary district at referendum. Enacted; P & SL 2007, c. 38 (6/20/08)LD 1947 – This bill amends the law enacted in 2007 that establishes a $1 - $3 fee (called a “premium”) to be paid to the state whenever engine oils are changed in motor vehicles. The amendments clarify or establish that: (1) the premium is imposed with respect to construction equipment and logging equipment registered for road use; (2) the premium applies to all oil-type changes, but not to the changing of brake fluid; (3) when several oils are changed on a motor vehicle at the same time, the premium applies to each type of fluid change; (4) the premium applies regardless of how the replaced oil is used or disposed; and (5) the premium charge applies even to entities exempt from paying sales taxes.
As amended by Committee and passed to be enacted, this bill repeals as of August 1, 2008 the $1-$3 “premium” charged for each motor oil change at commercial oil change facilities and by the owners of fleets of vehicles. The premium charged on each oil change is replaced with a premium charged on the first sale or distribution of bulk motor vehicle oil in the state. Enacted; PL 2007, c. 618LD 1948 – This bill requires the Secretary of State to hold a hearing whenever a fatality results from a motor vehicle accident for the purpose of determining whether any person’s driver license should be suspended.
As amended by Committee and as enacted, this bill requires the Secretary of State to suspend for three years the drivers license of a person who the Secretary determines has recklessly or negligently operated a motor vehicle so as to cause the death of another person. Enacted; PL 2007, c. 486 (6/20/08)12-21-07
LD 1950 – This bill repeals the fee or “premium” imposed on motor vehicle oil changes. DEAD
LD 1952 – Under current law, municipalities and their legislators must be notified by the Department of Inland Fisheries and Wildlife if a new area in the municipality is designated as either “significant vernal pool habitat” or “high and moderate value waterfowl and wading bird habitat” or a “shorebird nesting, feeding and staging area”. This bill would repeal that requirement with respect to significant vernal pool habitat. The bill also directs the Department of Environmental Protection to incorporate certain additional specific standards in the Department’s rules governing the determination of a significant vernal pool habitat.
As amended by Committee and passed to be enacted, this emergency bill amends the process by which the Department of Inland Fisheries and Wildlife identify certain protected habitats in the following way. Under current law, municipalities and their legislators must be notified by the Department of Inland Fisheries and Wildlife if a new area in the municipality is designated as either “significant vernal pool habitat” or “high and moderate value waterfowl and wading bird habitat” or a “shorebird nesting, feeding and staging area”. This bill would repeal that notification requirement with respect to “significant vernal pool habitat” and “high and moderate value waterfowl and wading bird habitat”. The bill also: (1) specifically limits the list of rare species the Department of Environmental Protection must consider when determining if a vernal pool is a “significant vernal pool habitat”; (2) provides that a “significant vernal pool habitat” may not have a permanent flowing inlet or outlet; and (3) incorporates certain additional specific standards in the Department’s rules governing the determination of a significant vernal pool habitat. Emergency enacted; PL 2007, c. 533 (3/31/08)LD 1962 – In 2007, the Legislature enacted a law known as the “Informed Growth Act” that requires all municipalities to engage a “qualified preparer” to conduct an analysis of the economic impacts of proposed big-box developments. This bill allows a municipality to opt out of implementing that analytical procedure by a majority vote of its legislative body, followed by a ratifying referendum vote. DEAD
LD 1964 – This resolve directs the State Planning Office and the Department of Environmental Protection to adopt rules establishing buffer zones for landfill construction and expansion.
As amended by Committee and passed to be enacted, this resolve directs the Department of Environmental Protection to adopt rules governing landfill gas and odor management that incorporate quantitative standards that can be used to measure compliance. Although no deadline is provided for the promulgation of those rules, the status of those rules is to be reported back to the Legislature by January 15, 2009. Finally passed; Resolves 2007, c. 170 (6/20/08)LD 1965 – This bill amends the Lucerne-in-Maine Village corporation charter by including a segment of a certain road in the territory of the Village. (Mandate) Enacted; P & SL 2007, c. 33 (6/20/08)
LD 1968 – This bill creates an additional method of electing members to a municipal charter commission. Current law requires all members of a charter commission that are elected to that position to be elected either at large or according to voting ward. This bill would require that a municipality that has a town or city council that includes some at-large councilors and some councilors elected by ward to elect a charter commission according to that same structure; that is, by the same mix of ward seats and at-large seats as exists for the town or city council. This bill would also allow the charter commission members to be elected at the next general election after the vote to form a charter commission, rather than at the same time as the vote to form a charter commission, as required by current law.
As amended by Committee and as enacted, this emergency bill creates an additional option to elect the elected members of a charter commission. Current law requires all elected members of a charter commission to be elected either at large or by voting ward. This bill allows the charter commission members to be elected both at large and by voting ward in the same proportion as the council members in that municipality are elected both at large and according to voting ward. This bill also allows the election of the charter commission to be held at the same time as the vote to create a charter commission or at the next regularly or specially scheduled election held within 200 days thereafter. Emergency enacted; PL 2007, c. 495 (3/14/08)LD 1972 – This bill provides a refundable income tax credit for 25% of the property taxes paid on a person’s primary residence, up to a maximum credit of $500 per year. That tax benefit would be integrated with any person’s application for Circuit Breaker property tax rebates. DEAD
LD 1974 – This resolve directs the Somerset County Commissioners to keep a certain road in Rockwood open and maintained throughout the year. DEAD
LD 1978 – This bill requires the Department of Transportation (DOT) to seek compensation from the responsible individuals for any damage done to any transportation infrastructure, including highways, bridges, railroads, ferries, mass transit, airports, bicycle and pedestrian facilities and all buildings, utilities, facilities and related appurtenances. The money recovered must be deposited in a DOT account and used for the benefit of transportation infrastructure. DEAD
LD 1979 – This bill is a “concept draft” that proposes to allow a landowner to decide who can cross the landowner’s property with an all terrain vehicle and still continue to receive the protection of the state.
As amended by Committee and adopted by the House and Senate, this bill expressly allows a landowner to limit the use of a designated state-approved ATV trail on the landowner’s property through agreements with the state or an ATV club to address environmental, public safety or management concerns. Enacted; PL 2007, c. 509 (6/20/08)LD 1981 – This bill prohibits the Department of Public Safety from applying any more stringent fire sprinkler requirements to nonresidential buildings in existence on January 1, 2007 than the sprinkler requirements that were in effect at that time.
As amended by the Committee and passed to be enacted, this bill establishes that any rules that may be adopted by the Commissioner of the Department of Public Safety on or after September 1, 2007 regarding the required installation of fire sprinklers be “major substantive” rules, thereby requiring legislative review and approval prior to final adoption. Enacted; PL 2007, c. 632LD 1982 – This emergency Act amends the definition of a Maine “resident” for the purpose of obtaining resident hunting, fishing, and trapping licenses by removing a provision of current licensing law that allows a “resident” license to be issued to a person who has been domiciled in Maine for at least three months, provided that if registered to vote, the applicant is registered in Maine, if licensed to drive, has a Maine driver’s license, if owns a vehicle, registers the vehicle in Maine and is in compliance with all state income tax laws. As provided for in the Act, an applicant who is a U.S. citizen no longer has to prove that they have been domiciled in the state for at least three months. This Act also authorizes the Commissioner of the Department of Inland Fisheries and Wildlife to revoke a hunting, fishing or trapping license issued to any person who has failed to pay the license, permit or registration fee to any licensing agent or the department. Emergency Enacted; PL 2007, c, 651 (4/18/08)
LD 1983 – This bill establishes a 50,000 lb. weight limit for any truck delivering solid waste to a solid waste disposal facility, solid waste facility, solid waste landfill or waste facility that is owned by the state and has been expanded or built out after a certain date in 2008. The bill also directs the State Planning Office and the Department of Environmental Protection to analyze the state’s solid waste disposal capacity needs. DEAD
LD 1988 – This emergency bill limits the liability of a water utility or private water company and their employees and staff who perform water utility work and service for another water utility during a declared emergency. DEAD
LD 1996 – This bill amends the law governing the Maine State Retirement System to provide more flexibility with respect to the rights of a retiree to change a previously designated beneficiary.
As amended by Committee and passed to be enacted, this emergency bill creates a one-time exception to the general rule under the Maine Public Employees Retirement System whereby a retiree is allowed to make only one change of designated beneficiary without the permission of the beneficiary if the beneficiary is not the spouse or former spouse of the retiree. As an exception to that general rule, this bill would allow a retiree to change the retiree’s previously chosen new beneficiary back to the original beneficiary. Emergency enacted; PL 2007, c. 523 (3/27/08)LD 1997 – This bill requires public schools to provide all children who are eligible for free and reduced-price meals under the National School Lunch Program with a meal at no cost to the student and requires the state to provide the funding for the cost of the program that are not reimbursed by the federal government. The bill appropriates $1.4 million for FY 09 from the Fund for Healthy Maine to cover the state’s exposure to the mandate reimbursement.
As amended by Committee and passed to be enacted, this bill requires all public schools that serve breakfast to their students to provide those breakfasts for free to all students who are eligible for reduced-priced meals pursuant to federal regulations. The bill appropriates $214,000 from the Fund for a Healthy Maine to provide those schools with the difference between the federal reimbursement for providing a free meal and the federal reimbursement for providing a reduced-price meal. DEADLD 2003 – This emergency bill creates the Southern York County Regional Development Authority, including the towns of Berwick, Eliot, Kittery, South Berwick, North Berwick and Wells. DEAD
LD 2006 – This bill amends the law creating the municipal authority to adopt shellfish conservation programs to expand the definition of “shellfish” to include mussels.
As amended by Committee and adopted by the House and Senate, this bill expressly authorizes a municipality, through its shellfish conservation ordinance, to specify areas of the intertidal zone in which the dragging of mussels may be limited to the degree necessary to support the municipality’s shellfish conservation program. The bill also authorizes the Commissioner of the Department of Marine Resources to issue a permit to an individual to take mussels from the areas approved by the municipality for that purpose provided the Commissioner’s action are done after seeking advice from the municipality. The bill authorizes the Commissioner to place additional limitations on those permits if necessary to obtain consistency with the shellfish conservation program. Enacted; PL 2007, c. 494 (6/20/08)LD 2008 – This bill would finance the state’s Historic Preservation Tax Credit by dedicating to that purpose the sales tax and employment tax revenues accruing to the state that are directly associated with historic properties’ retail sales and employment activities.
As amended by Committee and passed to be enacted, this bill establishes an accounting procedure by requiring the State Controller to identify and capture any sales tax revenue and real estate transfer tax revenue that would accrue to the state’s General Fund because of construction or sales related to the rehabilitation and/or sale of historic properties that has been funded through the Historic Preservation income tax credit and transfer those funds to a special account. Those funds are then to be transferred back to the state’s General Fund within the same fiscal year to help defray the negative impacts to the General Fund associated with the income tax credit when those impacts have been identified by the State Tax Assessor. Enacted; PL 2007, c. 614LD 2009 – This resolve provides for legislative review of portions of Chapter 150, Control of Emissions from Outdoor Wood Boilers, which is a “major substantive” rule adopted by the Department of Environmental Protection.
As amended by Committee and passed to be enacted, this bill requires that the rules promulgated by the Department of Environmental Protection (DEP) regarding outdoor wood boilers be amended before final adoption to: (1) more specifically establish the wood boiler setbacks from both property lines and residential dwelling units according to specific guidelines; and (2) direct the DEP to promulgate a new set of rules governing the use of outdoor wood boilers fueled by pelletized wood. Emergency passed; Resolves 2007, c. 190 (4/09/08)LD 2012 – This bill, modeled on a Bangor City Ordinance, prohibits smoking in a motor vehicle when a person under 18 years of age is present in that vehicle. Violators are subject to a $50 fine or, at the discretion of the law enforcement officer, a written warning (see LD 2085).
As amended by Committee and passed to be enacted, this bill prohibits smoking in a motor vehicle when a person under the age of 16 is present in the vehicle. The effective date of the legislation is September 1, 2008, and the bill provides that during the first year the law is in effect, violators will be given a warning. After that transition period, violators will be subject to a $50.00 fine. Enacted; PL 2007, c. 591LD 2016 – This bill adds “imperiled or critically imperiled natural communities” to the list of habitats that are protected under the Natural Resources Protection Act. DEAD
LD 2017 – This bill directs the Department of Environmental Protection to adopt major substantive rules to enforce the mandate under current law that any employer of 15 or more people must implement an office paper and corrugated cardboard recycling program. According to the bill, the rules must include the application of civil penalties for noncompliance. DEAD
LD 2018 – This bill is a “concept draft” that proposes to require that the most current topographic and geographic information system data available be used when making or changing municipal maps, including any maps used for the designation of floodplain boundaries. DEAD
LD 2020 – This bill amends the law governing the granting of disability variances by municipal appeal boards pursuant to the local zoning ordinance. Under current law, the variance is limited to the installation of equipment or construction necessary for access or egress to a dwelling. This bill would expand the opportunity for a variance to cover garages or similar structures. DEAD
LD 2026 – This resolve requires the Commissioner of Education to adjust the school subsidy for SAD 11 to correct an error whereby Maine State Retirement System payments were made with local funds rather than state funds.
As amended by Committee and endorsed by the House and Senate, this bill would appropriate nearly $91,000 from the state’s General Fund for the purpose of reimbursing SAD 11 for retirement contributions made by the school system which should have been paid by the state.
As enacted, this resolve directs the Governor to include in the next biennial state budget for FY 2010 and FY 2011 funding in the amount of $90,788 to reimburse SAD 11 for the state share of teacher retirement contributions paid by the school district in error. The resolve requires that the funding be offset by a reduction in the FY 2010 appropriation for teacher retirement. Finally passed; Resolves 2007, c. 217LD 2028 – This bill creates an inter-municipal cost sharing system for the Bath-Arrowsic-West Bath-Phippsburg school district to equalize the tax burden impacts that might occur in any year when some municipalities anticipate tax burden reductions and other municipalities anticipate tax burden increases. The bill also authorizes the newly formed school district to limit the school choice options that might otherwise be available to the residents of some of the municipalities participating in the district.
As amended by Committee and passed to be enacted, this bill authorizes the board of directors of the Bath-area school district to enter into a school tuition contract with the school board of the Town of Georgetown so that students from the Town of Arrowsic can attend the Georgetown Elementary School. Enacted; P & SL 2007, c. 42LD 2029 – This bill is a “concept draft” that proposes to merge the administration of county jails and state prisons under one unified state agency. DEAD
LD 2036 – This bill creates a municipal liability for any negligent acts and omissions in the construction, operation or maintenance of a solid waste transfer station. DEAD
LD 2038 – This bill authorizes a municipality to contract with a private entity to conduct water sampling in an area closed by regulation to shellfish harvesting. The municipality may submit the sampling results to the Department of Marine Resources for consideration in determining whether or not to reopen the area to shellfish harvesting.
As amended by Committee and passed to be enacted, this emergency bill creates a 13-member Shellfish Advisory Council that is charged with the responsibilities of advising the Commissioner of the Department of Marine Resources (DMR) and the Legislature’s Marine Resources Committee about how to best utilize state agencies, municipal governments, the shellfish industry and citizen groups to make improvements to the quality of coastal waters and expedite the opening of closed shellfish flats. One member of the Advisory Council must represent the interests of municipalities with wastewater treatment systems and two members of the Advisory Council must be municipal shellfish wardens. The bill also requires DMR to undertake two pilot projects within the next 18 months where a municipality contracts with a private laboratory to conduct the water quality tests that pertain to closed clam flats in order to ascertain if private sector testing might expedite the clam flat reopening process. DMR must submit a report by May 1, 2009 to the Legislature on the progress of the pilot water quality test projects. Emergency enacted; PL 2007, c. 606 (4/14/08)LD 2040 – This bill bans the use of liquid calcium chloride on all state, state aid and town roads in Maine for snow removal purposes. DEAD
LD 2041 – This emergency bill allows an island electric cooperative on Swans Island and the Town of Frenchboro’s islands to sell wholesale generation service to reduce the cooperative’s cost of providing retail service.
As amended by Committee and passed to be enacted, this bill allows an island electric cooperative on Swans Island and the Town of Frenchboro’s islands to sell wholesale generation service to reduce the cooperative’s cost of providing retail service provided the total power production capacity does not exceed 3 megawatts. Enacted; P & SL 2007, c. 36 (6/20/08)LD 2045 – This bill: (1) prohibits a person under the age of 16 from operating a motorboat; (2) prohibits a person between the age of 16 and 18 from operating a motorboat unless accompanied by an adult or possessing proof of having completed a boater safety education course; (3) requires all motor boat operators and passengers to wear an approved life jacket; and (4) prohibits the operation of a motor boat between sunset and sunrise. DEAD
LD 2046 – This bill amends the Natural Resources Protection Act as it relates to gravel pits and similar mining activities to: (1) clarify that the mining activities that pre-existed the recently-enacted protection areas for waterfowl wading habitat were not prohibited by that enactment; and (2) authorize the Department of Environmental Protection to permit mining excavations to occur in required buffer strip areas which cannot occur under current law.
As enacted, this bill amends the Natural Resources Protection Act as it relates to gravel pits, mineral excavation activities and quarries to clarify that those activities that were permitted pursuant to state regulation before June 8, 2006 do not have to obtain an additional permit for excavation within the upland portion of a high and moderate value inland waterfowl and wading bird habitat that may fall within the permitted excavation area unless subsequent permitting is required due to the presence of a protected natural resource other than a high and moderate value inland waterfowl and wading bird habitat. Enacted; PL 2007, c. 616LD 2055 – This bill amends the Maine Labor Relations Act as is applies to governmental employees (municipal, county, state, judicial, etc.).
First, this bill requires the executive director of the Maine Labor Relations Board to conduct a hearing in the event of a dispute over the appropriateness of the composition of the proposed bargaining unit.
Second, under current law either the employer or the employees can appeal to Superior Court from a decision of the Maine Labor Relations Board when the Board is reviewing a decision of its executive director. Under this bill, the decision of the Maine Labor Relations Board could not be appealed to the courts.
Third, under current law an employer can either voluntarily recognize an employee organization or the employer can ask for an election to determine that the employee organization enjoys the support of a majority of the employees in the bargaining unit. Under this bill, the employer can not ask for an election unless the employer can demonstrate to the Maine Labor Relations Board “good cause” to believe that the majority support was obtained by fraud or duress. DEADLD 2056 – This bill restricts the idling time of commercial diesel and gasoline powered commercial motor vehicles. As a general rule, idling time for both diesel and gasoline powered commercial vehicles is restricted to 5 minutes unless specifically exempted. The exemptions include: (1) diesel vehicles may idle for up to 30 minutes at “loading and unloading facilities”; (2) diesel and gasoline powered vehicles may exceed the 5 minute idling limit if public safety vehicles at the scene of an emergency; and (3) passenger buses in order to provide for the heating or air conditioning comfort of passengers.
As amended by Committee and passed to be enacted, this bill establishes limits on motor vehicle idling times for all motor vehicles that transport property or passengers on highways that weigh more than 10,000 lbs or transport more than 8 passengers for hire or transport more than 15 passengers without compensation or that transport hazardous materials. The idling-time limits established by this bill also apply to all gasoline-powered motor vehicles that are not private passenger vehicles. The general idling time limit established by this bill is no more than 5 minutes in any 60-minute period, with 14 listed exceptions. The exceptions include: (1) idling while stalled in traffic; (2) police, fire, ambulance, public safety or other emergency vehicles when idling is required to perform the public safety purposes; (3) a passenger bus may idle up to 15 minutes within the 60-minute period to maintain passenger comfort while passengers are on board; and (4) idling for the purpose of providing heat when the ambient air temperature is below 0 degrees Fahrenheit. The bill provides that to the maximum extent practicable, the person who owns the location where a commercial motor vehicle loads or unloads is responsible for minimizing delays in loading and unloading operations to reduce idling times. Enacted; PL 2007, c. 582LD 2057 – This bill expands the list of people for whom a notary public may not perform a notarial act. Under current law the list includes the notary’s spouse, parent, sibling, child, and the notary’s spouses’ parent, sibling and child. The bill adds to that list the notary’s grandparents and grandchildren, registered domestic partner, the entire list of close relatives of a registered domestic partner, and the notary’s step relatives. DEAD
LD 2062 – Among other changes to education law, this bill expands the existing mandate to provide transportation to school for public elementary school students. Under the bill, transportation is also required for public preschool students. The bill provides that any rules promulgated by the Department of Education related to transportation requirements for pre-school students must be “major substantive” rules and therefore subject to review by the Legislature before final adoption. Enacted; PL 2007, c. 572
LD 2072 – This bill amends the current inspection requirements for owners of underground and above ground oil storage tanks. Under current law, the owners must submit annual inspection reports to the Department of Environmental Protection regarding the tank’s quality and compliance with leak detection and prevention devices. This bill requires that at least every three years the annual inspection must be performed by a qualified inspector who is not the tank owner, an employee of the tank owner, or otherwise interested in the operations where the oil tank is located. The bill also provides the DEP with the authority to shut down the use of non-compliant oil storage tanks after providing the owner with notice. Enacted; PL 2007, c. 534 (6/20/08)
LD 2073 – This bill generally prohibits in a going-forward manner the location of underground or above ground oil storage tanks; automobile graveyards; automobile body shops, maintenance or repair facilities; dry cleaning facilities; metal finishing or metal plating facilities; and commercial hazardous waste facilities in a “wellhead protection zone”. A “wellhead protection zone” is defined as: (1) a “source water protection area” as mapped by the Department of Health and Human Services; (2) an area within 300 feet of a private drinking water well; or (3) an area within 1,000 feet of a public drinking water well. The bill “grandfathers” existing facilities and allows for the replacement or conversion of existing underground and above ground oil storage tanks provided certain construction standards are met. This bill authorizes municipal code enforcement officers to enforce the wellhead protection standards, but locates both variance authority and significant enforcement authority with the Commissioner or the Department of Environmental Protection. Enacted; PL 2007, c. 569
LD 2076 – This bill amends the charter of the Norway Water District. Emergency enacted; P & SL 2007, c. 32 (2/14/08)
12-31-07
LD 2080 – This “concept draft” bill proposes to establish the Maine Jail and Community Corrections Authority, made up of state, county and municipal officials and representatives of other interests involved in the criminal justice system. The Authority is created to coordinate and oversee a system within the state for the operation and maintenance of county and regional jails, programs and services. The bill establishes 11 specific duties of the authority, including developing statewide “standards of care and operations”, establishing the purpose and rating capacities of each jail, conducting jail inspections and accrediting jail facilities, coordinating bed space availability, establishing per-diem boarding rates, establishing an inter-county inmate transportation system, etc.
As enacted, this bill is the county-state corrections unification legislation described in detail in this edition of the Maine Townsman. Emergency enacted; PL 2007, c. 653 (4/18/08)LD 2084 – This bill requires a municipality that operates a municipal recreational program to train the program’s supervising personnel to administer medication, including an asthma inhaler or an epinephrine pen, to all children in the municipality’s care.
As amended by Committee and passed to be enacted, this emergency bill authorizes municipal employees and volunteers that operate or assist in any municipal recreation programs to receive training on how to administer asthma inhalers and epinephrine pens, and further authorizes these employees and volunteers to possess and administer those prescribed medications in order to provide emergency aid. Emergency enacted; PL 2007, c. 588 (4/09/08)LD 2085 – This bill, modeled on a Bangor City Ordinance, prohibits smoking in a motor vehicle when a person under 18 years of age is present in that vehicle. Violators are subject to a $50 fine or, at the discretion of the law enforcement officer, a written warning (see LD 2012). DEAD
LD 2087 – This resolve directs the Department of Inland Fisheries and Wildlife to study the feasibility of constructing a dock for public use and summer rentals on Mooselookmeguntic Lake in the Rangely/Rangely Plantation area.
As amended by Committee and passed to be enacted, this resolve directs the Department of Conservation, in partisanship with other associations and individuals, to study the feasibility of establishing a dock for public use on Mooselookmeguntic Lake in the Rangeley/Rangeley Plantations area. Finally passed; Resolves 2007, c. 184LD 2088 – This resolve directs the Department of Inland Fisheries and Wildlife (IF&W) to institute a system of registering watercraft over the Internet in the same way that motor vehicles and all-terrain vehicles can be registered on-line.
As amended by Committee and enacted, this resolve directs the Department of Inland Fisheries and Wildlife to provide an option on its website of on-line registration of watercraft. The resolve further provides that IF&W shall structure the on-line registration process so that a fee is charged in addition to the regular registration fee to cover both the Department’s administrative costs for providing the on-line registration and, to the extent possible, the merchant fees that are charged for processing credit card transactions, all for the purpose of ensuring that municipalities do not lose revenue because of the online registrations. Finally passed; Resolves 2007, c. 227LD 2090 – This bill prohibits the operation of a boat powered with more than 500 horsepower on Long Lake or Brandy Pond in the Bridgton-Harrison-Naples area. DEAD
LD 2092 – This bill amends the Public Works Contractors' Surety Bond Law of 1971 by: (1) increasing from $100,000 to $250,000 the threshold limit for a contract for the construction, alteration or repair of any public building or other public improvement or public work for which a person must provide a performance bond and a payment bond; and (2) allowing, at the discretion of the state or other contracting authority, the person to provide an irrevocable letter of credit instead of either or both the performance bond and the payment bond.
As amended by Committee and adopted by the House and Senate, this bill amends the Public Works Contractors' Surety Bond Law by: (1) increasing from $100,000 to $125,000 the threshold limit for a contract for the construction, alteration or repair of any public building or other public improvement or public work for which a person must provide a performance bond and a payment bond; and (2) allowing, at the discretion of the state or other contracting authority, the contractor to provide an irrevocable letter of credit instead of either or both the performance bond and the payment bond. The letter of credit must be issued by a federally insured financial institution and the financial institution or its parent company must been certain financial standards to qualify. Enacted; PL 2007, c. 500 (6/20/08)
LD 2094 – This bill generally prohibits the preparer of any document to be filed in the registry of deeds from including any personally identifying information in that document, which is defined as the person’s social security number, date of birth, drivers license number or state identification card number, or financial account or credit card account number. DEAD
LD 2099 – This bill amends the law governing the veterans’ property tax exemption by creating a total property tax exemption for the residential property of any veteran who was permanently and totally disabled by injury or disease incurred or aggravated during active military service in the line of duty or who is receiving any form of pension or compensation from the United States Government for total and permanent service-connected disability. Under current law, those veterans are eligible for a $50,000 homestead-type exemption. This bill also creates a motor vehicle excise tax exemption for those veterans.
As amended by Committee and passed to be enacted, this bill increases the general property tax exemption for certain veterans who are at least 62 years of age and served during federally-defined periods of war from $6,000 to $7,000. This bill also increases the property tax exemption for certain disabled veterans from $50,000 to $55,000. DEADLD 2101 – This resolve renames the South Bridge crossing the Androscoggin River between the cities of Lewiston and Auburn the Bernard Lown Peace Bridge. Finally passed; Resolves 2007, c. 147 (6/20/08)
LD 2102 – This bill repeals and replaces the law that governs the rights of road associations or abutters to private roads to organize and convene town-meeting type meetings to approve the costs of the private road’s maintenance and assess those costs to all the abutters to the road benefiting from the maintenance program. In addition to establishing more detail (e.g., warrant standards, quorum requirements, etc.) with respect to how those meetings may be called and conducted, the bill expands the applicability of the law. Currently, the option to utilize this private road maintenance financing system applies to the community of property owners abutting private roads. Under the bill, the law option would be extended to the community of property owners on “public easements” that are not maintained by the municipality. The bill also deletes the current provision of law that requires the costs of road maintenance to be apportioned according to each abutting property’s assessed value, thereby allowing the basis for the apportionment to be determined by the assembly of the road’s abutters.
As enacted, this bill provides more procedural detail and substantively amends the assessing methodology that may be used by the abutters on private roads or private ways to provide repair and maintenance services to those roadways pursuant to the “private road association” statute. Specifically, the bill: (1) removes the current requirement that the costs of road repair and maintenance must be apportioned among the abutters to the private road or private way on the basis of the assessed value of the owner’s property and allows other assessment methodologies as long as they are “fair and equitable”; (2) defines road maintenance to include road plowing; (3) allows the notification of the road association budget meeting to be accomplished by e-mail; (4) establishes that the vote on the establishment of the assessment shall be based on a one-parcel-one-vote standard unless the association’s by-laws allow each parcel to have two votes; and (5) authorizes but does not require that the notice to call a road association meeting may allow for one abutter to give his or her proxy vote to another abutter. Enacted; PL 2007, c. 625LD 2110 – This bill makes a number of changes to Maine’s election laws. Among the changes relevant to the duties of municipal election clerks, the bill: (1) clarifies the extent of voter information that must be included on the current voter list; (2) reduces the time incoming voter lists must be sealed after an election from 10 days to 5 days; (3) allows municipal election clerks to accept absentee ballot applications by e-mail and establishes the procedures that must be followed when the municipal clerk provides that option; and (4) decreases the time for the municipal clerk to make a final update to the list of absentee voters in the central voter registration system from 10 to 5 business days after the election. Enacted; PL 2007, c. 515 (6/20/08)
LD 2117 – This emergency bill creates the Starboard Water District in the town of Machiasport. Emergency enacted; P & SL 2007, c. 34 (2/20/08)
LD 2119 – This bill makes several amendments to Maine’s environmental laws. Among the amendments pertinent to municipal activities, this bill: (1) increases the annual fee for owning or operating an underground oil storage facility from $35 to $100; and (2) clarifies that municipalities that close landfills are obligated to inspect, monitor and maintain the closure according to statutory closure cap specifications. Enacted; PL 2007, c. 655
1-03-08
LD 2122 – This resolve provides for legislative review of Chapter 64, Maine School Facilities Program and School Revolving Renovation Fund, which is a “major substantive” rule adopted by the Department of Education. Emergency passed; Resolves 2007, c. 174 (3/31/08)
LD 2123 – This resolve provides for legislative review of Chapter 61, State Board of Education Rules for Major Capital School Construction Projects, which is a major substantive rule of the Department of Education and the State Board of Education. DEAD
LD 2124 – This bill establishes standards of record keeping and transaction information governing the business of scrap metal recycling for the purpose of preventing the theft of certain metals. Among the various provisions of the bill, it prohibits a person from establishing, operating or maintaining a scrap metal recycling business without first obtaining a permit from the municipal officers of the municipality where the business is located.
As amended by Committee and passed to be enacted, this emergency bill establishes standards of record keeping and transaction information governing the business of scrap metal processors. Emergency enacted; PL 2007, c. 549 (4/03/08)1-07-08
LD 2129 – This bill makes the shellfish sanitation hotline and the Department of Marine Resources’ website the means by which the Department notifies shellfish harvesters of the opening and closing of clam flats. The bill also directs the Department to change its policy and as a general rule no longer use newspaper publication as the method of notification except in an emergency. Enacted; PL 2007. c. 692
LD 2130 – This bill allows a person who has reached 16 years of age who meets all citizenship and residency requirements to pre-register to vote by submitting an application to the Secretary of State. The Secretary is directed by this bill to supply the application forms to all municipal registrars.
As amended by Committee and passed to be enacted, this resolve directs the Secretary of State to develop a program to produce youth civic education materials to be provided for public dissemination at branches of the Bureau of Motor Vehicles and at public high schools throughout the state. Finally passed; Resolves 2007, c. 164 (6/20/08)LD 2132 – This bill expands Maine’s “Family Medical Leave” law to allow an employee to take a family medical leave for a sibling with a serious health condition or who dies.
As amended by Committee and passed to be enacted, this bill expands Maine’s “Family Medical Leave” law to allow an employee to take a family medical leave for a sibling with a serious health condition or who dies while on active military duty only if the sibling is jointly responsible with the employee for each other’s common welfare as evidenced by joint living and other joint financial arrangements. Enacted; PL 2007, c. 519 (6/20/08)LD 2133 – This bill makes several changes to the laws regarding cable TV services. First, it clarifies that the laws govern video services offered by any entity, not just traditional cable companies. Second, it grants a municipality the right to receive attorney’s fees if it successfully defends its statutory rights in court. Third, it directs the Public Utilities Commission (PUC) to adopt a model franchise agreement for use by municipalities. Fourth, it makes changes to the statutes governing required notices to subscribers regarding changes in billing practices and service options. Fifth it expands the privacy rights of subscribers. Sixth, it restores a previous obligation on cable/video providers to submit a copy of all franchise agreements with the Secretary of State. Sixth, it allows the PUC to establish consumer protection standards relative to service options, billing, installation and repair, privacy, complaint resolution and credits for service interruption.
As amended by Committee and passed to be enacted, this bill makes several changes to the laws regarding cable TV services. The bill: (1) uses various definitions in federal law of “cable television service”, “cable television system” and “cable system operator” in order to clarify that the state laws apply to the provision of video services offered by any entity, not just traditional cable companies; (2) directs the Office of Information Technology within the Department of Administrative and Financial Services to adopt a model cable television franchise agreement for use by municipalities, and further directs that the model ordinance include at a minimum provisions regarding franchise fees, build-out requirements, “PEG” channels (public, educational and governmental access channels), and customer service standards; (3) directs the Office to file its report regarding that model agreement with the Utilities Committee by December 15, 2008; (4) makes clarifying changes to the statutes governing required notices to subscribers regarding changes in billing practices and service options; (5) expands the privacy rights of subscribers; and (6) requires all cable/video providers to provide a copy of their franchise agreement on their website. Enacted; PL 2007, c. 5481-10-08
LD 2140 – This bill requires the loan officers responsible for conducting real estate closings of residential property to either notify the municipality where the real estate is located or make sure the current year’s property taxes are fully paid at the time of closing. If the first option is chosen, and the municipality is notified, the municipality would be required to file any subsequent property tax liens against the purchaser of the property rather than the seller, who would otherwise be the property owner of record for that tax year.
As amended by Committee and passed to be enacted, this bill directs Maine Revenue Services to prepare and distribute a guidance document that may be made available to both the buyers and sellers in any real estate transaction to make sure that both parties are aware of their respective rights and responsibilities regarding the payment of the property taxes for that tax year, including the possibility that the filing of a tax lien can impair a person’s credit rating and the potential of avoiding further problems by escrowing the property tax obligation at the time of closing. This bill also authorizes a party in a real estate transaction that includes as part of the closing contract a proration of the property tax obligation between buyer and seller to sue the other party if there is a failure to honor that contract and, if prevailing in that lawsuit, to collect attorney’s fees as well as unpaid taxes and direct costs. Finally, this bill allows a successful plaintiff in such a lawsuit to have the description “inaccurate information” filed in any credit report that may impair that person’s credit rating on the basis of a property tax lien that was filed because of the other party’s failure to honor the proration agreement. Enacted; PL 2007. c. 6871-15-08
LD 2148 – This bill directs the Department of Health and Human Services to establish one neighborhood health resource center in Portland and one in Lewiston, and appropriates $300,000 for that purpose. DEAD
LD 2150 – This bill creates consistency in the standards for optional retirement system membership for employees of participating local districts that also have Social Security or another qualifying Internal Revenue Service plan. The bill also eliminates the once-per-year option for a local district to join the Maine system. Emergency enacted; PL 2007, c. 490 (3/07/08)
LD 2151 – This bill makes a number of “minor substantive” changes to Maine’s tax laws. Among the changes that pertain tangentially to municipal government, the bill; (1) establishes mandatory requirements for the owners of so-called “two-way” personal telecommunications property to report their specific ownerships to the state by April 20th; (2) clarifies the penalties that apply when the owners of two-way telecommunications property fail to pay their personal property taxes to the state; (3) authorizes the State Tax Assessor to set off against revenues received credit card fees incurred by the Assessor in connection with the collection of excise taxes in the unorganized territories; and (4) clarifies two elements of a local-option farmland support program that was enacted in 2007, including the clarification that the limitations on the amount of land that may be entered into the support program without first obtaining a special two-thirds vote of the municipality’s legislative body is an amount of land equal to 3% or more (in total) and 1% or more (in any one year) of the municipality’s valuation rather than 3% or 1% of the municipality’s total acreage. Enacted; PL 2007. c. 693
LD 2154 – This bill makes a number of technical, housekeeping, grammar-correcting and reorganizational changes to the state’s tax code. Among the substantive amendments of municipal interest, the bill expands the definition of “municipal cost component”, which is the term used to define the appropriations to be funded by property taxes to provide services to the unorganized territories, to expressly include the cost of funding obligations of an unorganized territory under the terms of a tax increment financing agreement (TIF) approved by the Department of Economic and Community Development prior to January 1, 2008. The bill also directs the State Treasurer to specially manage dedicated components of the property tax revenue generated from the unorganized territories, such as the property tax revenue generated pursuant to TIF agreements. Enacted; PL 2007, c. 627
1-22-08
LD 2160 – This bill requires a person selling property in fresh water shoreland areas to provide a statement to the buyer attesting to whether the subsurface wastewater disposal system on the property has malfunctioned or not over the last 180-day period. With respect to coastal shoreland areas, the seller must either provide the buyer with a certification of inspection of the wastewater system by a licensed inspector within the last three years, along with the results of that inspection, or a statement regarding the impossibility of inspecting the wastewater system, in which case an inspection within one year of the transfer is required. This bill also authorizes either the Department of Environmental Protection or the Department of Marine Resources to initiate a process within defined shoreland areas that would require local plumbing inspectors (LPI) to physically inspect 10% of all wastewater systems within the defined shoreland area each year and issue abatement orders as may be warranted.
As amended by Committee and passed to be enacted, this bill, which is identified as a state mandate, develops a system supported by both state and coastal municipal governments to further investigate and implement improvements to malfunctioning septic systems. Specifically, the bill: (1) requires all persons selling property located within a coastal or inland shoreland zoning area that has a subsurface waste disposal system to provide the buyer with a written statement as to whether the system has malfunctioned within the last 180 days; (2) requires with respect to coastal shoreland areas that the buyer of any property that includes a subsurface waste disposal system must have the system inspected by certified inspector prior to purchase unless inclement weather prevents such an inspection, in which case the inspection must occur within 9 months after the purchase; (3) creates three exceptions to the requirement for a pre-purchase inspection: (a) if the septic system is less than three years old; (b) if the seller of the property has a written inspection report certifying the that system is not malfunctioning and that certification is less than three years old; and (c) if the buyer certifies that the system will be replaced within one year of the property purchase; (4) authorizes the Department of Environmental Protection (DEP) or the Department of Marine Resources (DMR) to notify the appropriate municipality or municipalities if either department identifies a relevant bacteria or toxins standard affecting a shellfish area that should trigger a review of potentially malfunctioning septic systems in a certain affected area; (5) establishes a system after notification by either DEP or DMR whereby one of two possible investigation procedures are followed. One of those investigation systems involves both the state officials and the local code officer, as a matter of mutual agreement, investigating the septic systems with the area identified as potentially contributing to the shellfish area pollution. The other system kicks in if either the state or the municipality is unable to participate in the field investigations, and that alternative system requires the municipality to provide DEP with a list of all the property owners and associated contact information and further requires DEP to notify each property owner that the property owner’s septic system needs to be inspected by a certified inspector. If the property owner is unwilling or unable to provide the required inspection, the municipality must contract with an independent certified inspector to ensure that the inspection is provided, and the municipality is authorized to recover its costs by assessing a fee or special tax against the land on which the septic system is located, in line with the existing law regarding the abatement of malfunctioning septic systems. Enacted; PL 2007, c. 568LD 2165 – This resolve provides for the legislative review of Chapter 103 of the Department of Transportation’s (DOT) rules regarding the Sensible Transportation Policy Act, as provisionally adopted by DOT. In 2002, the Legislature directed DOT to work with the State Planning Office to develop this rule in an effort to more closely link land use planning and transportation planning. The municipal portion of the law is Subchapter III. This subchapter is in similar form to the SPO’s comprehensive planning rule in that it lays out the DOT’s expectations with respect to various land use and transportation planning “policies”, “goals” and “strategies” that municipalities will need to adopt in order to: (i) receive a consistency finding with respect to the transportation portion of a comprehensive plan; and (ii) receive either bonus points when applying for various transportation funds or to access certain incentive funds at all. In addition to the rule, the DOT has developed a Handbook to assist municipal officials as they attempt to navigate the requirements of the rule. Finally passed; Resolves 2007, c. 159 (6/20/08)
LD 2166 – This resolve provides for legislative review of Chapter 294 of the Department of Health and Human Services’ rules governing the required qualifications of Local Health Officers (LHO), as provisionally adopted by DHHS. The provisionally-adopted rules: 1) require LHOs to complete one Center for Disease Control (CDC) provided six-hour training course every three years; 2) require training sessions to be held annually in each of the DHHS’s eight districts; 3) require the training sessions to be provided free of charge to participating LHOs; 4) authorize, on a case-by-case basis, the CDC to grant an exemption from the training standards to an individual that has education, training, experience or a familiarity with the responsibilities of LHOs; and 5) provide a 6-month period after appointment for a LHO to meet the training requirements. Emergency passed; Resolves 2007, c. 165 (3/25/08)
1-24-08
LD 2169 – This bill amends Maine’s stormwater management law to provide that disturbed areas of 5 acres or less that are associated with utility substations are required to meet only the basic standards of the Department of Environmental Protection’s stormwater management rules. The bill also would send out to the voters a proposed $1.7 million bond proposal to capitalize improvements to drinking water facilities ($850,000) and waste water treatment facilities ($850,000).
As amended by Committee, this bill would send out to the voters a proposed $3.4 million bond that would provide $1.7 million for the drinking water revolving loan fund and $1.7 million for a wastewater treatment facility revolving loan fund. If the bond issue is approved by the voters, the combined state funding is expected to leverage $17 million in federal and other funds. Enacted; PL 2007, c. 673LD 2171 – This bill makes a number of changes to Maine’s animal welfare laws. Among the changes that are most pertinent to the duties of animal control officers and other municipal officials, this bill: (1) requires dogs to be vaccinated for rabies within 30 days after the dog reaches 3 months in age (rather than 6 months in current law); (2) infuses the concept of “unprovoked” assault and “unprovoked” threatened assault with respect to actions against dangerous dogs; (3) establishes additional standards with respect to the care of animals that are impounded or confined, including removing the animal daily from indoor facilities for the purpose of providing outdoor exercise and requiring aboveground floors in all outdoor shelters; (4) establishes definitions for such terms as “adequate care”, “cruelly”, “domestic violence” (at it pertains to the treatment of animals), “humanely clean conditions”, and “neglect”; (5) expands the definition of the crime of “impeding the performance” of an animal welfare officer; (6) establishes more detail and procedural authorities with respect to the crime of leaving an animal in an unattended motor vehicle or other similar enclosure; and (7) establishes more detail with respect to four types of animal-related domestic violence, including assault against, criminal threatening against, reckless conduct against and the terrorizing of a companion animal.
This Act makes a number of changes to Maine’s animal welfare laws. Among the changes that are most pertinent to the duties of municipal clerks, animal control officers and other municipal officials, this Act: (1) expands the definition of “breeding kennel” to include a location where more than 16 dogs or cats raised on the premises are sold to the public in a 12-month period; (2) clarifies that a “dangerous dog” does not include a dog that bites or threatens to assault an individual when that dog is on the dog owner’s property, had no prior history of assault, and is provoked by the person who is the recipient of the bite or threatened assault; (3) defines the term “humanely clean conditions” as that term applies to the inspection of a kennel; (4) adds to the “cruelty to animals” list the circumstance where an animal is confined in an enclosure of any kind in such a way that extreme heat or cold will be harmful to the animal’s health; and (5) authorizes a law enforcement officer, humane agent or animal control officer to take all steps reasonably necessary to remove an animal from a motor vehicle if the animal’s health or safety is in immediate danger from heat, cold or lack of ventilation. Enacted; PL 2007, c. 7021-29-08
LD 2173 – This bill is Governor Baldacci’s proposed supplemental budget bill to address an estimated $95 million gap between estimated General Fund revenue and required state expenditures over the FY 08 and FY 09 fiscal years. The elements of the proposed budget that are most relevant to municipal government are: (1) the deappropriation of the $5.65 million County Jail Prisoner Support and Community Corrections Fund, provided annually to county government to offset the costs of operating jails, on the theory that the money is no longer needed because of the proposed state takeover of county jails; (2) several changes to the internal components of the Essential Programs and Services school funding model, including a 33% reduction in the per-pupil adjustment provided to economically disadvantaged students and a freezing of the special education-based minimum subsidy for low-receiver school systems at the 84% level rather than the 100% level; (3) a $3 million reduction in the total General Purpose Aid to Education distribution, from $1.021 billion to $1.0176 billion; (4) the movement of the costs of several Department of Education employees and Department of Corrections employees into the General Purpose Aid to Education appropriation; and (5) the categorical prohibition of recipients of Temporary Assistance to Needy Families assistance from receiving any form of General Assistance. DEAD
LD 2176 – This bill creates an exception to the law that prohibits the use of studded tires on roadways between June 1 and September 30 for certain tires that feature retractable studs, flanges, cleats or spikes provided the retractable protuberances are actually retracted during the summer month no-stud time period.
As amended by Committee and enacted, this bill allows the use of tires on the roadways between May 1 and September 30 that feature embedded blocks, studs, flanges, cleats or spikes provided those protuberances are fully retracted and not engaged during the May 1- September 30 no-stud time period. Enacted; PL 2007, c. 525 (6/20/08)LD 2177 – This bill allows law enforcement officers and firefighters to carry service credit and compensation from a prior retirement plan to a new retirement plan within the Maine Public Employees Retirement System provided they pay the additional cost of doing so. Enacted; PL 2007, c. 542
1-31-08
LD 2179 – This bill establishes a system for the regulation and enforcement of building energy efficiency standards. The system applies to the construction of all residential and commercial building construction if the building includes space that is designed to be heated or air conditioned. The building energy code standards that must be applied are the model code standards adopted by the Public Utilities Commission. Municipalities are authorized but not required to appoint energy code enforcement officers. In the absence of a municipal or other governmental energy code officer, the builder must obtain approval of the construction plan from a private energy code officer. Municipalities would be required under this bill to adopt a special “high performance design fee” into their building code fee rate structure, which would be waived if the building plans surpass certain energy efficiency standards. DEAD
2-5-08
LD 2186 – This bill disbands the Greater Portland Public Development Commission which was established in 1945 to dispose of war-related shipyard assets and promote economic development in the Portland-South Portland area. The bill transfers the assets of the Commission to a non-profit organization with a consistent economic development mission.
As enacted, this resolve directs the Greater Portland Public Development Commission to prepare an audited financial statement regarding the commission and submit that audit to the Legislature by January 15, 2009. The Business, Research and Economic Development Committee is authorized to report out a bill during the 2009 legislative session regarding the further operations of the Commission in response to that audit. Finally passed; Resolves 2007, c. 224LD 2187 – This bill allows a law enforcement organization to solicit funds for a law enforcement officer suffering from a catastrophic illness provided approval of the solicitation is first obtained from the municipal officers of the municipality where the solicitation will take place or the county commissioners if the solicitation will encompass an entire county. Approval must also be obtained from the manager (if any) of the municipality where the solicitation will take place and the Attorney General.
As enacted, this bill creates a narrow exception to the general prohibition against solicitation of resources or property by law enforcement agencies. Under the terms of the bill, a law enforcement agency may solicit resources or property from the general public for the benefit of a law enforcement officer or the immediate family member of a law enforcement officer suffering from a catastrophic illness according to a highly prescribed system. The solicitation may only take the form of posted advertisements in public settings for a ticketed fundraising event or a public plea for donations through advertisements. In both cases, the purchase of tickets or revenue generated by the advertising must be entirely handled by a designated “public benefit corporation”, which is defined as a charitable corporation as organized under Section 501(c)(3) of the Internal Revenue Code that does not employ or have on its board of directors any certified law enforcement officer. In no circumstance may solicitations be sent directly to potential donors and all public notices or advertisements regarding the solicitations must provide information about the “public benefit corporation” involved in the solicitation and specify that questions regarding the solicitation be directed to the Office of the Attorney General. In no circumstances may the public benefit corporation involved in the solicitation provide the names of any donors to the law enforcement agency or any other person, except the Attorney General’s Office. The collected funds must be held in escrow and paid entirely to the beneficiary of the solicitation or the beneficiary’s heirs within 30 days of the conclusion of the solicitation event. The public benefit corporation may be reimbursed only for any solicitation advertising costs paid by the public benefit corporation. Enacted; PL 2007, c. 633LD 2188 – This bill establishes a new municipal boundary between the Town of Old Orchard Beach and the City of Saco.
As enacted, this resolve establishes a moratorium for 18 months on the processing or issuance of new submerged land leases for commercial projects and aquaculture leases by the Department of Conservation or Department of Marine Resources in any part of Saco Bay. The resolve also authorizes the convening of a working group made up of representative from Saco, Old Orchard Beach, Scarborough, Biddeford and various state agencies for the purpose of reviewing municipal boundaries, regulatory jurisdictions, and the parameters for future development in Saco Bay. Finally passed; Resolves 2007, c. 2042-6-08
LD 2196 – This bill is a supplemental budget bill designed to balance the Highway Fund budget for FY 08 and FY 09. Of interest to municipalities, this bill identifies the projected reductions in the Highway Fund allocation for the local road assistance Urban and Rural Initiatives Program (URIP) relative to previous projections of $620,000 for FY08 (from $25.9 million to $25.2 million) and $494,000 for FY 09 (from $26.1 million to $25.6 million). Under the terms of this legislation, the biennial reduction of $1.1 million would be aggregated and applied in FY 09 so as not to disrupt the anticipated FY08 distribution. Emergency enacted; PL 2007, c. 538 (3/31/08)
LD 2198 – This bill amends a law enacted in 2007 that requires all elected governmental officials in Maine to meet certain training requirements regarding Maine’s “Right to Know” law. Specifically, the bill establishes that the training requirement is met if the official conducts a review of information on the Right to Know topic made specially available on the state’s website and makes a written or electronic record attesting to the fact the review was conducted. That record must be kept by the individual or filed with the public entity to which the official was elected. The bill also clarifies the elected local officials to which the requirement applies, including on the municipal level all selectmen and councilors, elected clerks, elected treasurers and elected budget committee members. Emergency enacted; PL 2007, c. 576 (4/07/08)
2-7-08
LD 2201 – This bill retroactively provides that if any human body or human remains have been or will be interred after January 1, 1998 in an improper location by a municipality or an agent of a municipality, under the direction of a municipality or in reliance upon the advice of a municipality, that municipality must exhume the body or remains and re-inter them in a proper location at the municipality’s expense. DEAD
LD 2202 – This Act authorizes any municipality to adopt an ordinance that would create a so-called “volunteer property tax assistance program”, which is a program that permits people owning homestead property in the municipality who are at least 60 years of age to volunteer their services to the town or city in order to earn a benefit up to a maximum $750 in value. The Act expressly allows the municipal ordinance to include additional programmatic or eligibility standards; for example, the municipal ordinance might include an income-test for eligibility, reduce the maximum benefit level or apply more specificity with respect to what type of volunteer services may be provided, identify who within the municipality administers the program, and how the actual “benefit” is delivered, etc. Because of the open nature of this enabling legislation, municipalities interested in moving forward with this local-option “volunteer property tax assistance” program would be well advised to consult with the municipal attorney before presenting an ordinance to the voters in order to be absolutely clear about all the issues associated with implementing this volunteer program that are not expressly addressed in the Act, such as the employment status of the volunteers with respect to workers’ compensation and unemployment insurance, the degree to which the municipality’s insurance program provides liability coverage for their activities, the administration of tax-related documentation, and whether the volunteers’ benefits are provided directly in the form of remuneration or in the form of a set-off against their property tax obligation. Enacted; PL 2007, c. 635
2-12-08LD 2205 – This bill prohibits an employer from charging an employee for uniforms (including shirts or other items with a company logo), personal protective equipment and other tools of the trade. The bill also prohibits an employer from mandating that the employee pay for cleaning or maintenance of a uniform unless pursuant to a written agreement with the employee or the employee’s bargaining agent. Enacted; PL 2007, c. 524 (6/20/08)
LD 2208 – This bill transfers $5 million from the state’s budget stabilization fund, or Rainy Day fund, for the purpose of supplementing the federal Low Income Heating Assistance Program (LIHEAP) which grants an allotment of heating fuel to income eligible households. DEAD
LD 2209 – This bill allows trucks that are hauling unprocessed agricultural products or forest products to exceed their axle weight limits provided they do not exceed their gross vehicle weight limits. DEAD
2-14-08LD 2214 – This resolve would allow trucks carrying forest products to exceed their road weight limits by 5% between the effective date of the resolve and April 1, 2008. DEAD
2-28-08
LD 2234 – For the purpose of ensuring the full marketability of certain city-issued bonds or notes, this bill validates the City of Brewer High School District construction referendum conducted on December 4, 2007 even though specimen ballots for the referendum were not published in any newspapers required by the City’s charter. Emergency enacted; P & SL 2007, c. 39 (3/28/08)
LD 2235 – This bill moves certain fees associated with storm water management law from the statutes governing storm water management into the Department of Environmental Protection’s (DEP’s) fee schedule and restructures those fees into “processing” and “certification” fees to fit that format. The bill also restructures and expands the wastewater licensing fees to add an “annualized license renewal service fee”. The bill also provides that when a wastewater discharge licensee continues to discharge wastewater following expiration of a license, the license fee must continue to be paid. According to the bill’s fiscal note, this bill will increase the Maine Environmental Protection Fund within the Department of Environmental Protection by approximately $90,000 a year. Enacted; PL 2007, c. 558
LD 2236 – This bill authorizes nonprofit charitable, educational, political, civic, recreational, fraternal, patriotic or religious organizations and volunteer fire departments to hold, conduct or operate “games of chance” without first obtaining a license. DEAD (vetoed by the Governor)
LD 2239 – This emergency resolve names a part of Route 7 that runs through the Town of Dexter the Harold Alfond Memorial Highway. Emergency passed; Resolves 2007, c. 176 (3/31/08)
3-4-08
LD 2244 – This bill authorizes municipalities to install traffic light violation monitoring cameras to observe and record violations of traffic control devices. The bill also establishes that evidence of traffic violations obtained from those cameras is prima facie evidence that the owner of the vehicle committed the violation as a “rebuttable presumption”, with four possible circumstances that would successfully rebut the presumption (rental car, dealer’s car, stolen car, etc.). The bill also requires that 50% of the traffic fine revenue generated as a result of the installed monitoring cameras be returned to the municipality that installed the device. DEAD
3-6-08
LD 2249 – This bill authorizes municipalities to adopt ordinances that would implement the assessment of annual lake water quality fees to the landowners on private roads in lake watersheds when those private roads do not meet certain road construction and maintenance standards established in the ordinance. The fees would be based on the estimated costs of upgrading the private road to the established standards, and the collected fees would have to be held separately and dedicated to the purpose of upgrading the private road. This bill also requires, beginning in 2013, that all contractors conducting excavation activities in a shoreland area employ a person on-site during the excavation that is certified in erosion control practices by the Department of Environmental Protection.
As amended by Committee and passed to be enacted, this bill requires any excavation contractor conducting excavation activity in a shoreland area to ensure that a person certified in erosion control practices is made responsible for the management of erosion and sediment control practices at the site and is present on the site each day earth moving activity occurs to ensure that proper erosion and sedimentation control practices are followed. The bill also increases the maximum amount of the phosphorous-loading compensation fee from $10,000 per pound of available phosphorous to $25,000 per pound of available phosphorous, and provides that as an alternative to paying the compensation fee, the Department of Environmental Protection (DEP) may allow an applicant to meet a municipally-required mitigation option if the DEP determines that the local mitigation option will provide at least as much long-term reduction in phosphorous loading to the lake as likely would be provided by paying the compensation fee. Finally, this bill directs the DEP to develop a report that evaluates strategies to diminish the impact of private roads, driveways and boat ramps on lake water quality. The report is supposed to provide municipalities with appropriate road standards to protect lake water quality, a sample model ordinance that municipalities might use to govern the quality of private roads in lake watershed areas, and include consultations with the Attorney General’s Office regarding any constitutional issues associated with municipalities assessing impact fees against private landowners in order to maintain their private roads according to certain design standards. Enacted; PL 2007, c. 5933-10-08
LD 2250 – This resolve provides for legislative review of portions of Chapter 220, Methodology for Identification of Regional Service Centers, which is a “major substantive” rule adopted by the State Planning Office. Emergency passed; Resolves 2007, c. 205 (4/15/08)
LD 2251 – This emergency Act establishes the so-called “municipal cost components” for the services provided to the Unorganized Territories (UT) in FY 09, which forms the basis of the property tax assessment that is levied against the UT landowners. The net municipal cost components for services rendered in FY 09 to the UT is $13.5 million, the county reimbursements for services is $5.6 million, the total deductions from the combined appropriations of $19 million is $4 million, and so the net property tax commitment for the UT is $15.1 million. The Act also directs the fiscal administrator of the UT to include information about Tax Increment Financing (TIF) economic development districts in the UT in the administrator’s annual report, including details regarding costs and tax shifts resulting from, or anticipated to result from, the TIF districts. Emergency enacted; PL 2007, c. 636 (4/16/08)
3-11-08
LD 2255 – This bill authorizes the Public Utilities Commission (PUC) to designate energy infrastructure corridors within the state for the purposes of siting energy transmission property, including electric transmission and distribution facilities, natural gas pipelines and other energy transport pipelines or conduits. Among the several elements of the authority given to the PUC, this bill authorizes any person to petition the PUC for an exemption from municipal zoning or other land use ordinances. According to the bill, upon receipt of such a petition, the commission shall provide notice and the opportunity for the affected municipality to be heard, after which the PUC may wholly or partially exempt a energy infrastructure project proposed to be located in a designated energy corridor from a zoning ordinance if the PUC determines the exemption is reasonably necessary and in the public interest.
As enacted, this bill authorizes the Public Utilities Commission (PUC), if petitioned by the Office of the Public Advocate or the Governor’s Office of Energy Independence and Security, or a qualified developer, to initiate a “major substantive” rule making process to designate energy infrastructure corridors within the state for the purposes of siting energy transmission property, including electric transmission and distribution facilities, natural gas pipelines and other energy or carbon dioxide transport pipelines or conduits. Prior to designating such an energy infrastructure corridor, the PUC must notify, consult and accept comments from all municipalities in which the corridor would be located. Enacted; PL 2007, c. 6563-12-08
LD 2256 – This bill modifies the City of Portland’s leasing authority for the Maine State Pier by extending the duration of the lease from its original 30-year limit to a limit of no less than 75 years and no greater than 99 years. DEAD
LD 2257 – This bill presents sweeping changes to the regulation of building construction in Maine. The bill establishes the Maine Uniform Building and Energy Code (MUBEC). The MUBEC consists of the 2009 versions of International Code Council’s: Commercial Building Code, Existing Building Code, Residential Building Code and Energy Code. It also includes the Maine Model radon code and ASHRAE ventilation standards. All residential and commercial construction must comply with the provisions of the MUBEC or a locally adopted building code beginning January 1, 2010. Beginning July 1, 2010, all locally adopted building codes are void and construction will be governed by MUBEC statewide. The bill creates an 11-member Building Code Board (including two municipal code enforcement officers) and funds three full-time state positions. The board and two new positions are created within the Department of Public Safety. The third position is an existing but unfilled position at the State Planning Office. The board will formally adopt the code and oversee the creation of training programs.
The bill mandates that all municipalities over 2,000 in population shall enforce MUBEC according to the following implementation schedule: (i) July 1, 2010 for municipalities over 2,000 currently enforcing a building code and (ii) January 1, 2012 for municipalities over 2,000 not currently enforcing a building code. However, municipal “enforcement” includes the passive receipt of inspection reports filed by certified third-party inspectors paid for by the certificate applicant. The bill directs the Board to create a certification program for these third-party inspectors. Code enforcement officers in municipalities over 2,000 in population are required to be “certified” by the state in the MUBEC.
The funding for the Board and the three full-time positions is provided by revenue generated by a new 4-cent per square foot surcharge on the existing plan review fees charged by the Fire Marshal’s Office.
The Act includes several provisions that would appear to be municipal mandates. Whether municipalities are actually bound by these provisions remains unclear due to the unusual manner by which this Act was passed. Please see the sidebar article in this edition of the Townsman on the mandate issue. Enacted; PL 2007, c. 6993-17-08
LD 2261 – This bill is presented to the Legislature as a citizens’ initiative that would permit Evergreen Mountain Enterprises, LLC, to operate a gambling casino in one location in Oxford County. The initiated bill provides that in order for the casino to be permitted, the voters in the municipality or municipalities (if the casino site crossed a municipal border) where the casino is located would have to approve the operation of gaming devices at the gaming facility by a referendum vote held no later than December 31, 2008. In addition, the legislative body of each municipality in which the casino is located would also have to vote to approve the gaming site. Much of the text of the bill is devoted to identifying the various causes to which 39% of the gross gaming device income would be distributed. DEAD
That list includes:
Gross Gaming Device Income Organization or Cause
5% College student loan repayment fund
4% East-West Highway research
3% Univ. of Maine bio-fuel research
3% Health insurance for small business
2% Municipal revenue sharing and
elderly property tax deferral program
2% Maine pre-paid college plan program
2% Drug assistance for the elderly
2% DOT secondary rural road program
2% Maine Community College system
1% Supplemental public school subsidy
1% Renewable energy research
1% NextGen First Step college program
1% Local Government Efficiency Fund
1% Increasing the minimum wage
1% Residential energy efficiency grants
1% River water quality improvements
1% Land for Maine’s Future program
1% Public access television
1% Creative economy initiatives
1% Gambling addition prevention
2% To the host municipality
1% To the host county3-19-08
LD 2263 – This bill authorizes the Commissioner of the Department of Environmental Protection to order any person operating an outdoor wood boiler that is creating a nuisance condition or a danger to public health or safety to cease or prevent that operation. This bill also creates a fund made up of future state appropriations, if any, private contributions, if any, and certain financial civil penalties for the purpose of purchasing, upgrading and/or replacing outdoor wood boilers from or for people who have outdoor wood boilers that have been determined by the Department of Environmental Protection to constitute a nuisance condition or threat to public health or safety. Enacted; PL 2007, c. 680
LD 2265 – This bill reduces the statewide E-911 monthly telephone surcharge on residential and business telephone exchange lines from 50 cents to 45 cents.
As enacted, this emergency bill reduces the E-911 telephone surcharge from $.50 per line per month to $.30 cents per line per month. The bill directs the Emergency Services Communication Bureau within the Public Utilities Commission to conduct a review of the E-911 fund, including the fund’s revenue and expenditure history and projections, and make a recommendation regarding the E-911 surcharge fund going forward. The Bureau’s report must be submitted to the Legislature by February 1, 2009. Emergency enacted; PL 2007, c. 637 (4/16/08)3-20-08
LD 2266 – This bill amends Maine law in several areas all for the purpose of encouraging and enabling the development and ownership of wind energy projects by local governments, state agencies and rural electrical cooperatives. Among other changes, the bill: (1) establishes a state policy favoring development of cost-effective wind energy resources by municipalities and the state; (2) expands the duties of the Energy Resources Council to coordinate the activities of member agencies to assist municipalities and others in developing wind projects and other energy projects; (3) expands the scope of the life-cycle cost analysis under the Energy Conservation in Buildings Act to include a review of any incorporation of wind and solar electricity generating equipment into public buildings; (4) amends the laws governing revenue-producing municipal facilities to include certain qualified energy-related projects under the Internal Revenue Code and ensures that municipalities may take advantage of favorable treatment in financing those revenue-producing project; and (5) expands the authority of municipal electric districts and rural electrification cooperatives so they can sell energy to wholesale customers.
As enacted, this bill amends Maine law for the purpose of encouraging and enabling the development and ownership of wind energy projects by local governments, quasi-municipal entities, state agencies and rural electrical cooperatives. Specifically, the bill: (1) expands the scope of the life-cycle cost analysis under the Energy Conservation in Buildings Act to include a review of any incorporation of wind and solar electricity generating equipment into public buildings; (2) expands the duties of the Energy Resources Council by directing the Council to develop information resources and coordinate the activities of member agencies to assist municipalities, rural electrical cooperatives, quasi-municipal entities and others in developing, designing, constructing, installing and financing wind and other renewable electricity generation projects using available financing incentives under federal and state law; (3) directs the Council to assist the state in identifying and planning for the construction of wind and other renewable electricity generation projects to be located on state buildings or at state facilities; and (4) directs the Council to monitor developments in both technology and state and federal law to determine whether opportunities are available for the development of wind energy resources by state agencies, municipalities, rural electrification cooperatives and other municipal or quasi-municipal entities. Enacted; PL 2007, c. 671LD 2267 – Under current law, the state, acting through the Chief of the Maine State Police, may enter into “reciprocity agreements” with no more than two other states so that persons with permission to carry concealed firearms in those other states can carry their concealed firearms in Maine. This bill allows those reciprocity agreements with any number of other states provided a review of the other state’s law by the Commissioner of Public Safety reveals that the other state’s laws meet or exceed Maine’s requirements for carrying a concealed weapon. Enacted; PL 2007, c. 555
LD 2270 – This bill amends the state’s motor vehicle excise tax rate structure in the following way: DEAD
Year of registration
Current Mill Rate
(app