An Act To Reestablish the Maine Coast Environmental Trust Fund within the Department of Marine Resources
Maine Legislature, Session 122, LD 1234
Committee: Appropriations and Financial Affairs
Sponsors: KAELIN, WESTON, FISHER, FLETCHER, LERMAN, LINDELL, NUTTING, PERCY, DAMON
Amends: 12 MRSA §6136

Legislative Document 
No. 1234 
H.P.852 
House of Representatives, March 10,2005 
An Act To Reestablish the Maine Coast Environmental Trust Fund 
within the Department of Marine Resources 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed. 
Presented by Representative KAELIN of Winterport. 
Cosponsored by Senator WESTON of Waldo and 
111~ 
/J7.1ll~~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUGA Y of Cherryfield, FISHER of Brewer, FLETCHER of Winslow, 
LERMAN of Augusta, LINDELL of Frankfort, NUTTING of Oakland, PERCY of Phippsburg, 
Senator: DAMON of Hancock. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6136 is enacted to read: 
§6136. 
Maine Coast Environmental Trust Fund 
1. 
Creation of tr~~qnd. There is established the Maine 
Coast Environmental Trust Fund, referred to in this section as 
"the trust." 
2. 
Purpo~~ 
__ 
~~y~t. 
The 
purpose of the trust is to 
protect and improve the guality of the State's marine environment 
by providing grants to gualifying organizations for activities to 
advance scientific research concerning the nature, magnitude and 
effect of pollution of the State's estuarine, 
near-shore and 
off-shore marine environments and the means to abate pollution or 
~serve and enhance estuarine, near-shore and off-shore marine 
habitats. 
3. 
SO.YU;IDL...{or 
tr~I:i~~l}ey obtained from the followi.ng 
sources must be paid to the Treasurer of State for the benefit of 
the trust: 
A. 
Gifts, beguests and donations to the trust from private 
individuals or corporations desiring to protect and improve 
the marine environment through applied research; 
B. 
Grants to the trust from private or public foundations 
desiring 
to protect 
and 
improve 
the 
marine 
environment 
through applied and basic research; 
C. 
Funds stipulated for deposit in the trust as part of the 
terms of settlement of legal actions against corporations, 
partnerships or individuals for violations of environmental 
laws, rules or regulations; 
D. 
Funds for research received under any federal oil spill 
trust fund; 
E. 
Revenues~t may be from time to time realized through 
public bond issues; and 
F. 
Federal grants and loans. 
4. 
Use and 
a~~Q.jJ,;-';J'ation of tr9-st. 
Trust funds must be 
used to provide grants to meet the purposes of this section. 
The 
department shall administer the trust as follows. 
...,A ..... __ -"U,...n""l...,e"-,s",s",---,o,,--,,the ~w i ~~ __ 
s~;uc"-,l.,,,,· f!"..,!,.iS1.e.J,!d~_bbl."i-y __ t ..... h~e_----"-s""-o-.!<ull.r....l.c<.J;e<-----,,,o~f~--,,,a 
contribution to the trust, 
50% of a contribution to the 
'10 
\6 
trust 
myst 
be 
de,QQsited 
in 
a 
,Qrinci,Qal 
account 
and 
maintained as a ,Qennanent endowment. 
The income earned on 
funds held in this account, combined with the remaining 
5Q~ 
of funds contributed to the trust. must be deposited in an 
operating account and made 
available for disbursement as 
grants to accom,Qlish the purposes of this section and as 
eX,Qendityres for purposes of administering the trust. 
B. 
An executive agency is not eligible to receive funding 
from 
the 
trust unless 
the 
agency 
jointly undertakes 
a 
research 
proposal 
with 
another 
entity 
that 
is 
not 
an 
executive agency. 
C. 
The department shall give preference to institutions, 
organizations and entities located and operated in the State. 
D. 
Principal, 
or 
i~est earned 
from 
principal, 
with 
special instructions from contributors must be awarded in 
accordance with the contributors' instructions. 
E. 
All money in the trust not immediately required for 
payment, pursuant to the provisions of this section, must be 
invested by the Treasurer of State as authorized by Title 5, 
section 138, except that the securities in which the trust 
money 
is 
invested must 
remain part of 
the trust until 
exchanged 
for 
other securities 
and 
the 
income 
from all 
investments 
must 
remain 
a 
part 
of 
the 
trust 
unless 
prohibited by federal law. 
5. 
Report, 
amendment 
and 
termination 
of 
trust. 
department shall file a report as follows. 
The 
A. 
The 
de,Qartment shall report to the Legislature on 
a 
biennial basis concerning the activities of the trust. 
B. 
In 
the 
event 
the 
department 
determines 
that 
the 
,Qrovisions of the trust should be amended, the department 
shall make appropriate recommendations to the Legislature in 
its biennial re,Qort. 
~he 
d~Qartm~nt may recQmmend in its biennial re,Qort that 
,12 
the trust be terminated if termination is determined to be 
a,Q,Qro,QriQte. 
In the event that the .J&.gislature terminates 
the 
trust, 
the 
,Qrincipal 
and 
operating 
funds 
must 
be 
disbursed in a manner consistent with the purpose of the 
trust. 
Sec. 2. Development of competitive grant program: report. 
The 
Department of Marine Resources shall develop a competitive grant 
program, 
including qualifications 
and 
application procedures, 
for 
the 
improvement 
and 
protection 
of 
the 
State's 
marine 
environment pursuant to the Maine Revised Statutes, Title 12, 
section 6136. 
The department shall report by January 15, 2006 to 
the Second Regular Session of the 122nd Legislature with its 
recommendations and any necessary implementing legislation. 
Sec. 
3. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
MARINE RESOURCES, DEPARTMENT OF 
Maine Coast Environmental Trust Fund 
Ini tiative: 
Provides funds to reestablish a competitive grant 
program and to restore the clam flats in Stockton Harbor. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2005-06 
$52,300 
$52,300 
2006-07 
$0 
$0 
This bill reestablishes the Maine Coast Environmental Trust 
Fund in the Department of Marine Resources. 
The purpose of the 
trust fund is to protect and improve the quality of the State' s 
marine 
environment 
by 
providing 
grants 
to 
qualifying 
organizations. 
This bill requires the department to develop a 
competitive 
grant 
program, 
including 
qualifications 
and 
application procedures, 
and report back to the Second Regular 
Session 
of 
the 
122nd 
Legislature 
with 
the 
department's 
recommendations. 
The bill also appropriates start-up funds to the trust fund 
and funds to be used to restore the clam flats in Stockton Harbor.