An Act To Facilitate and Promote Regional Cooperation
Maine Legislature, Session 122, LD 1230
Committee: State and Local Government
Sponsors: SHIELDS, CLUKEY, BERUBE, JOY, O'BRIEN, SAMPSON, SA VIELLO, DAVIS, DIAMOND, NUTTING
Amends: 30-A MRSA §2313, 30-A MRSA §2322, 30-A MRSA §2324

Legislative Document 
No. 1230 
H.P.848 
House of Representatives, March 10,2005 
An Act To Facilitate and Promote Regional Cooperation 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative SHIELDS of Auburn. 
Cosponsored by Senator CLUKEY of Aroostook and 
7rl~ 
m.71lp£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERUBE of Lisbon, JOY of Crystal, O'BRIEN of Lewiston, SAMPSON of 
Auburn, SA VIELLO of Wilton, Senators: DAVIS of Piscataquis, DIAMOND of Cumberland, 
NUTTING of Androscoggin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §§2304 and 2305, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 
9, §2: and c. 104, Pt. C, §§8 and 10, are further amended to read: 
§2304. Tax status 
Regional councils established in accordance with this Title 
are 
tax-exempt institutions 
wRieR ~ 
are 
exempt aaly 
from 
income and sales taxes. 
Real and personal property are exempt 
from real and 
person~p.LQQ.erty!;&.]tati_9n if they are owned and 
occupied by regional councils solely for their own purposes or 
owned and used by regional councils for the purpose of providing 
services to 2 or more municipali ties. Services may include, but 
are 
not 
limited 
to, 
public 
transit facilities, 
solid waste 
facilities and hazardous waste facilities. 
§2305. Construction 
This subchapter sRall ID~~t be liberally construed toward the 
end of enabling councils 
to 
implement municipal programs 
and 
services on behalf of member municipalities, while avoiding the 
creation of special districts or other legal or administrative 
entities to accomplish these purposes. 
Programs and services may 
include, 
but 
are 
not limited to, 
programs 
and 
services 
for 
transit. 
solid 
waste, 
household 
hazardous 
waste, 
economic 
development, 
code 
enforcement, 
general 
financial 
and 
administrative activities and joint purchasing. 
Sec. 2. 30-A MRSA §2313, sub-§§1 and 2, as enacted by PL 1987, 
c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; 
c. 9, §2; and c. 104, Pt. C, §§8 and 10, are further amended to 
read: 
1. 
Powers. 
The council may: 
A. 
Study 
any 
a~ea 
governmental 
p~aeleFRs 
opportunities common to 2 or more members of 
that it considers appropriate, including, but 
to, matters affecting health, safety, welfare, 
economic conditions and regional development; 
needs 
and 
the council 
not limited 
education, 
B. 
Promote cooperative arrangements and coordinate action 
among its members, including, but not limited to, transit 
services, 
joint 
purchasing, 
solid 
waste 
management 
and 
household waste management; aae 
C. 
Make 
recommendations 
members 
and other public 
within the regionTj and 
for 
review 
and 
action 
to 
its 
agencies that perform functions 
D. 
Prepare and maintain a comprehensive regional plan. 
2. 
Authority. 
The council, on behalf of one or more member 
municipalities and upon appropriate action of the legislative 
bodies of one or more member municipalities, may exercise any 
power, privilege or authority capable of exercise by a 
member 
municipality and necessary or desirable for dealing with problems 
of 
local 
or 
regional 
concern, 
except 
essential 
legislative 
powers, taxing authority or eminent domain power. 
This authority 
is in addition to any other authority granted to municipalities 
by the general laws and includes, but is not limited to, the 
formation of transit, solid waste and other services operations. 
Sec. 3. 30·A MRSA §2315, as enacted by PL 1987, c. 737, Pt. 
A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and 
c. 104, Pt. C, §§8 and 10, is further amended to read: 
§2315. Staff 
The council may employ any staff and consult and retain any 
experts that it considers necessary. 
Staff employed for the 
joint provision of services are deemed to be municipal officials. 
:10 
Sec. 4. 30·A MRSA §2316. sub·§5. as enacted by PL 1991, c. 
512, is amended to read: 
5. 
Guarantees. 
Notwithstanding any law, charter, ordinance 
or 
limitation 
to 
the 
contrary, 
anyone 
or 
more 
member 
municipalities of 
the-~~~--~~&~a»G-~e~~€Jl-~-Geye~ameRts ~ 
regional council may guarantee notes or other indebtedness or 
obligations 
of 
the 
G~eate~--Pe~~~~-~~~~-~~--GeyeFRmeRts 
regional council. 
'1 R 
Sec. 5. 30·A MRSA §2321, sub.§2, "C and D, as enacted by PL 
1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, 
c. 
6; 
c. 
9, 
§2; 
and c. 
104, Pt. 
C, 
§§8 and 10, are further 
amended to read: 
C. 
Coordinate 
with 
state 
and 
federal 
planning 
and 
development programs; aRe 
D. 
Provide planning assistance and advisory services to 
municipalitiesTj and 
Sec. 6. 30·A MRSA §2321, sub·§2"E is enacted to read: 
E. 
Provide programs and services to municipalities. 
Sec. 7. 30-A MRSA §2322, as enacted by PL 1987, c. 737, Pt. 
A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and 
c. 104, Pt. C, §§8 and 10, is further amended to read: 
§2322. Incorporation; powers 
Regional 
planning commissions 
saa** must be 
incorporated 
under Title 13, 
chapter 81T 
and possess all the powers of a 
corporation organized without capital stock, except as limited by 
this article. 
A regional planning commission may exercise those 
powers enumerated in section 2313 upon adoption of an authorizing 
resolution by the commission's governing body. 
Sec. 8. 30-A MRSA §2324, last 1[, as enacted by PL 1987, c. 737, 
Pt. A, §2 and Pt. c, §106 and amended by PL 1989, c. 6: c. 9, §2; 
and c. 104, Pt. C, §§8 and 10, is further amended to read: 
The minutes of the proceedings of the commission saa** must 
be filed in the commission's office. 
These minutes are a public 
record. 
Gep~es-~~-~-pFeV~QeQ-~-~~-m~BieiFaJ-~~-~~-aBQ 
p*aBB4B~-eea~4-~-~~~-ffi~Bieipa*~~YT Copies of the minutes 
must be posted on a publicly accessible site on the Internet or 
provided to the municipal officers and the planning board of each 
member municipality upon request. 
SUMMARY 
This bill addresses regional cooperation issues. 
It makes 
real or personal property used for providing regional services to 
or 
more municipalities 
exempt 
from 
property taxation. 
It 
allows municipalities to enter into cooperative arrangements for 
transit, 
solid 
waste, 
household 
hazardous 
waste, 
economic 
development and code enforcement activities and joint purchasing 
and clarifies that 
these 
endeavors 
are 
cooperative 
regional 
government 
activities. 
The 
bill 
also 
clarifies 
that 
staff 
providing joint services are municipal officials. 
It grants to 
regional planning commissions the powers of a regional council. 
In addition, it requires the minutes of commission meetings to be 
provided on request or posted on a website, rather than mailed to 
every member of the planning board and all municipal officials, 
in order to save on printing and mailing costs.