Maine Legislature, Session 121, LD 1668
Committee Amendment CA_A_H759 (House)
Amends: 30-A MRSA §4349-A

COMMITTEE AMENDMENT "A" to H.P. 1244, L.D. 1668, 
Act To Amend the Laws Governing Growth Management" 
Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
I Sec. 1. 30-A MRSA §4349-A, sub-§3, as amended by PL 2001, c. 
406, §15, is repealed. 
Sec. 2. 30-A MRSA §4349-A, sub-§3-A is enacted to read: 
3-A. 
Preference for other state grants and investments. 
Preference for other state grants and investments is governed by 
this subsection. 
A. 
When 
awarding 
a 
grant 
or 
making 
a 
discretionary 
investment under any of the programs under paragraph B, 
subparagraphs 
(1) 
and 
(2) 
or 
when 
undertaking its 
own 
capital 
investment 
programs 
other 
than 
for 
projects 
identified in section 4301, subsection 5-B, a state agency 
shall respect the primary purpose of its grant or investment 
program and, to the extent feasible, give preference: 
(1) 
First, 
to 
a 
municipality that has 
received 
a 
certificate of consistency for its growth management 
program under section 4347-A: 
COMMITTEE AMENDMENT 
, 
COMMITTEE AMENDMENT ,~, to H.P. 1244, L.D. 1668 
(2) 
Second, 
to 
a 
municipality that has 
adopted 
a 
comprehensive plan that the office has determined is 
consistent with the procedures, goals and guidelines of 
this subchapter, has adopted zoning ordinances that the 
office 
has 
determined 
are 
consistent 
with 
the 
comprehensive 
plan 
and 
is 
implementing 
a 
capital 
investment plan according to schedule: 
(3) 
Third, 
to 
a 
municipality that has 
adopted 
a 
comprehensive plan that the office has determined is 
consistent with the procedures, goals and guidelines of 
this subchapter: and 
(4) 
Fourth, 
to 
a 
municipality that has 
adopted 
a 
comprehensive plan. 
If a municipality has submitted a comprehensive plan, zoning 
ordinance or growth management program to the office for 
review, the time for the office to respond as established in 
section 4347 -A has expired and the office has not provided 
it comments or findings to the municipality, a state agency 
when awarding a grant or making a discretionary investment 
under this subsection may not give preference over 
the 
municipality to another municipality. 
B. 
This subsection applies to: 
(1) 
Programs that assist in the acguisition of land 
for 
conservation, 
natural 
resource protection, 
open 
space or recreational facilities under Title 5, chapter 
353; and 
(2) 
Programs intended to: 
(a) 
Accommodate or encourage additional growth 
and development: 
( b) 
Improve ( 
expand 
or 
construct 
public 
facilities; or 
(c) 
Acguire land for conservation or management 
of specific economic and natural resource concerns. 
C. 
This subsection does not apply to state grants or other 
assistance for sewage treatment facilities, public health 
programs or education. 
D. 
The office shall work wi th state agencies to prepare 
mechanisms 
for 
establishing 
preferences 
in 
specific 
COMMITTEE AMENDMENT 
I ., 2 
COMMITTEE AMENDMENT "~,, to H.P. 1244, L.D. 1668 
investment and grant programs as described in paragraph B . 
Sec. 3. Effective date. 
This Act takes effect July 1, 2005. I 
SUMMARY 
This amendment is the majority report of the committee. 
The 
amendment requires a state agency, when awarding grants or making 
discretionary 
investments, 
to 
give 
preference 
first 
to 
municipalities that have received a certificate of consistency 
for a growth management program, then to municipalities that have 
adopted consistent 
comprehensive 
plans 
and 
consistent 
zoning 
ordinances, then to municipalities that have adopted consistent 
comprehensive plans and then to municipalities that have adopted 
comprehensive 
plans. 
The 
amendment 
also 
provides 
that 
a 
municipality can not be penalized if it submitted a comprehensive 
plan, 
zoning 
ordinance 
or 
growth 
management 
program 
to 
the 
Executive Department, State Planning Office for review, the time 
for the office to respond has expired and the office has not 
provided its 
comments 
or findings to the municipality. 
The 
amendment provides that the effective date of the changes is July 
1, 2005. 
COMMITTEE AMENDMENT