An Act To Repeal Inactive Boards and Commissions
Maine Legislature, Session 123, LD 1885
Committee: State and Local Government
Amends: 3 MRSA §2-B, 3 MRSA §231, 3 MRSA §959, 5 MRSA §1826-C, 5 MRSA §12004-G, 5 MRSA §12004-I, 5 MRSA §12004-J, 5 MRSA §12004-K, 10 MRSA §997-A, 10 MRSA §997-B, 12 MRSA §544-A, 12 MRSA §544-B, 20-A MRSA §12523, 22 MRSA §2693, 26 MRSA §51, 30-A MRSA §5241, 35-A MRSA §7104, 35-A MRSA §8702, 35-A MRSA §8703, 35-A MRSA §8704, 38 MRSA §551-A

Legislative Document 
No. 1885 
H.P.1319 
House of Representatives, May 2, 2007 
An Act To Repeal Inactive Boards and Commissions 
Reported by Representative BARSTOW of Gorham for the Joint Standing Committee on 
State and Local Government pursuant to Joint Order 2006, H.P. 1255. 
Reference to the Committee on State and Local Government suggested and ordered printed 
under Joint Rule 218. 
Printed on recycled paper 
!r/~ 
/J1.7!Jv;~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 3 MRSA §2-B, as amended by PL 1999, c. 2, § 1, is repealed. 
Sec. 2. 3 MRSA c. 10, sub-c. 1, as amended, is repealed. 
Sec. 3. 3 MRSA §231, sub-§2, as enacted by PL 1985, c. 775, §4, is amended to 
read: 
2. Membership. The members of the commission from Maine shall be the are 2 
Senators appointed by the President of the Senate and the 2 members of the House of 
Representatives who are appointed to the Maine Canadian Legislative Advisory 
Commission p\:lrs\:lant to section 227 by the Speaker of the House. 
Sec. 4. 3 MRS A §959, sub-§I, ~, as amended by PL 2003, c. 600, § 1, is further 
amended to read: 
L. 
The joint standing committee of the Legislature having jurisdiction over natural 
resource matters shall use the following list as a guideline for scheduling reviews: 
(1) Department of Environmental Protection in 2007; 
(2) Board of Environmental Protection in 2007; 
(3) Advisory Commission on Radioaetive Waste and Decommissioning in 2005; 
(4) Saco River Corridor Commission in 2005; and 
(5) Board of Underground Od rink Installers in 2011. 
Sec. 5. 3 MRSA §959, sub-§I, W, as amended by PL 2005, c. 605, §2, is further 
amended to read: 
P. 
The joint standing committee of the Legislature having jurisdiction over utilities 
and energy matters shall use the following list as a guideline for scheduling reviews: 
(1) Public Advocate in 2005; 
(2) Board of Directors, Maine Municipal and Rural Electrification Cooperative 
Agency in 2007; 
(3) Public Utilities Commission in 2007; and 
(4) The Emergency Services Communication Bureau within the Public Utilities 
Commission in 2009~~ 
(5) Telecomm\:lnications Relay Services Advisory CO\:lncil in 2013. 
Sec. 6. 5 MRSA §1826-C, as amended by PL 2003, c. 515, §§5 to 8 and c. 689, 
Pt. B, §6, is repealed. 
Sec. 7. 5 MRS A §2031, as amended by PL 2005, c. 683, Pt. C, §2, is repealed. 
Sec. 8. 5 MRSA §12004-G, sub-§2, as enacted by PL 1987, c. 786, §5, is 
repealed. 
Page I - 123LR2630(Ol)-1 
Sec. 9. 5 MRSA §12004-G, sub-§7-F, as enacted by PL 2('03, c. 704, 01, is 
repealed. 
Sec. 10. 5 MRSA §12004-G, sub-§10-B, as enacted by PL 2001, c. 658, § 1 and 
as affected by §5, is repealed. 
Sec. 11. 5 MRS A §12004-G, sub-§12, as amended by PL 1989, c. 104, Pt. C, 
§§3 and 10, is repealed. 
Sec. 12. 5 MRSA §12004-G, sub-§14-E, as enacted by PL 2005, c. 12, Pt. PP, 
§2, is repealed. 
Sec. 13. 5 MRSA §12004-G, sub-§21-B, as enacted by PL 2001, c. 708, §2, is 
repealed. 
Sec. 14. 5 MRSA §12004-G, sub-§26, as amended by PL 1991, c. 93, §1, is 
repealed. 
Sec. 15. 5 MRSA §12004-G, sub-§26-D, as enacted by PL 1997, c. 506, §2, is 
repealed. 
Sec. 16. 5 MRSA §12004-G, sub-§30-C, as enacted by PL 2005, c. 605, §3, is 
repealed. 
Sec. 17. 5 MRSA §12004-I, sub-§3-A, as enacted by PL 1999, c. 566, §4, is 
repealed. 
Sec. 18. 5 MRSA §12004-I, sub-§6-F, as enacted by PL 1999, c. 474, §1, is 
repealed. 
Sec. 19. 5 MRSA §12004-I, sub-§18-E, as enacted by PL 2003, c. 710, §1, is 
repealed. 
Sec. 20. 5 MRSA §12004-I, sub-§24-B, as enacted by PL 1991, c. 698, § 1, is 
repealed. 
Sec. 21. 5 MRS A §12004-I, sub-§29-C, as amended by PL 1997, c. 184, §11, is 
repealed. 
Sec. 22. 5 MRSA §12004-I, sub-§47-E, as enacted by PL 1999, c. 786, Pt. A, 
§ 1, is repealed. 
Sec. 23. 5 MRSA §12004-J, sub-§2-A, as amended by PL 1997, c. 700, §1, is 
repealed. 
Sec. 24. 5 MRSA §12004-K, sub-§I, as enacted by PL 1987, c. 786, §5, is 
repealed. 
Sec. 25. 5 MRSA §12004-K, sub-§10, as enacted by PL 1987, c. 786, §5, is 
repealed. 
Sec. 26. 5 MRSA c. 389, as amended, is repealed. 
Sec. 27. 10 MRSA §997-A, sub-§2, as enacted by PL 1999, c. 474, §2, IS 
amended to read: 
2. Establishment of fund. The Agriculturally Derived Fuel Fund, referred to in this 
section as the "fund," is established as a nonlapsing fund under the jurisdiction and 
control of the authority. The authority, iA COAsl:lltatioA with the Agriel:lltl:lral Prodl:lets 
Utili2:atioA CommissioA, as established iA Title 5, seetioA 12004 I, sl:lbseetion 6 P, may 
apply for and accept any appropriation, grant, gift or service made available from public 
or private sources consistent with the purpose of this section. 
Sec. 28. 
MRSA §997-A, sub-§3, as enacted by PL 1999, c. 474, §2, IS 
amended to read: 
3. Application of fund. Money in the fund may be used for direct loans and direct 
subsidies to a business or cooperative for the design and construction of a facility to 
produce an agriculturally derived fuel. The authority, pursuant to Title 5, chapter 375, 
subchapter II A, iA eOAsl:lltatioA with the Agriel:lltl:lral Prodl:lcts UtilizatioA CommissioA 2-
A shall adopt rules for determining eligibility, feasibility, terms, conditions and security 
for direct loans, secured loans and investments. Money in the fund not needed to meet 
the obligations of the authority as provided in this section may be invested in a manner 
permitted by law. 
For the purposes of this section, "business" means an individual, 
company, corporation or any other entity organized for a common business purpose and 
"cooperative" means an association organized as a cooperative in accordance with Title 
13, chapter 85, subchapter II 2. 
Sec. 29. 10 MRSA §997-B, as amended by PL 1999, c. 731, Pt. VVV, §3, is 
repealed. 
Sec. 30. 12 MRS A §544, sub-§3, ~, as enacted by PL 1999, c. 556, §13, is 
amended to read: 
D. 
The Natural Areas Program may levy appropriate charges to those using, for 
commercial gain, the inventory and information services provided by the Natural 
Areas Program to recover the costs of providing the services and a reasonable portion 
of the costs associated with building and maintaining the biological and conservation 
database. Charges must be fixed in a schedule prepared and revised as necessary by 
the Natural Areas Program, revie'Ned by the Natl:lral Areas Adviso!)' Board and 
supported and explained by accompanying information. 
Sec.31. 12 MRSA §544-A, as enacted by PL 1999, c. 556, §13, is repealed. 
Sec. 32. 12 MRSA §544-B, sub-§2, as enacted by PL 1999, c. 556, § 13, IS 
amended to read: 
I 
2. Register of critical areas. The commissioner~the advic-e-of the board, shall 
maintain a register of critical areas that must contain natural areas c1assitled as critical 
areas as follows. 
A. 
In determining the classification of an area or site as a registered critical area, 
the commissioner shall consider: 
(1) The unique or exemplary natural qualities of the area or site; 
(2) The intrinsic fragility of the area or site and sensitivity to alteration or 
destruction; 
(3) The voluntary commitment to conserve or protect the area or site; 
(4) The present or future threat of alteration or destruction; and 
(5) The economic implications of inclusion of an area or site on the register. 
The commissioner, with the advice of the board, may remove a registered critical area 
from the register if the commissioner determines that the area or site no longer 
qualifies as a critical area. 
B. 
Each registered critical area must be documented with at least the following 
information: 
(1) A general description of the area or site; 
(2) A list of the endangered or threatened species or other unique or exemplary 
natural features occurring at the area or site, and reasons for inclusion in the 
register; 
(3) The size and location of the area or site; and 
(4) The name or names of the property owner or owners, contingent upon the 
consent of the owner or owners. 
C. 
The commissioner shall notify owners of natural areas of the natural value of 
their land and the implications of voluntary conservation. Subsequently a natural 
area may be placed upon the Register of Critical Areas with at least 60 days' notice 
before registration and the consent of the landowner. 
Sec. 33. 12 MRSA §S44-B, sub-§3, ~, as enacted by PL 1999, c. 556, § 13, is 
amended to read: 
B. 
The commissioner may establish procedures to substantiate the identification of 
endangered and threatened native plant species. In determining and revising the list, 
the commissioner shall use the rare plant database of the Natural Areas Program,.4!te 
advice of the Natural Areas Advisory Board and the knowledge of botanists in the 
State. In addition, the commissioner shall consult with federal agencies, interested 
state agencies, other states or provinces having a common interest and other 
interested persons and organizations. The commissioner shall determine criteria for 
each category. When establishing the list, the commissioner shall consider aspects of 
plant biology that contribute to a species' rarity such as: 
(1) 
Endemism. 
The plant species or subspecies may be geographically 
restricted to the State or areas immediately adjacent to the State; 
(2) 
Scarcity. 
A plant species or subspecies may be numerically scarce 
throughout its distribution in North America and occur in only a few locations in 
the State; 
(3) Special habitat. A plant species or subspecies may require habitat that is 
scarce in the State; 
(4) Limit of range. A plant species or subspecies in the State may be at the edge 
of its distribution or disjunct from its main distribution; and 
(5) Population decline or vulnerability. A plant species or subspecies may be 
threatened or seriously declining due to habitat modification or destruction or 
from overcollection for commercial, recreational or educational purposes. 
Sec. 34. 20-A MRSA c. 7, as amended, is repealed. 
Sec. 35. 20-A MRSA c. 406, as amended, is repealed. 
Sec. 36. 20-A MRSA §12523, as enacted by PL 2003, c. 710, §2, is repealed. 
Sec. 37. 22 MRS A §2692, as enacted by PL 1999, c. 786, Pt. A, §3, is repealed. 
Sec. 38. 22 MRSA §2693, sub-§I, ~A, as amended by PL 2003, c. 494, § 1 0, is 
further amended to read: 
A. By July 1, 2005, the department shall adopt rules establishing the procedures for 
adoption and periodic review of maximum retail prices, the procedures for 
establishing maximum retail prices for new prescription drugs and for reviewing 
maximum retail prices of selected drugs and the procedures for phasing out or 
terminating maximum retail prices. 
Prior to adopting rules pursuant to this 
paragraph, the commissioner shall consult "'lith and consider the recommendations of 
the commission regarding the RIles. 
Sec.39. 22 MRSA §2693, sub-§I, ~C, as enacted by PL 1999, c. 786, Pt. A, §3, 
is amended to read: 
C. 
In establishing maximum retail prices under this paragraph, the commissioner 
shall consider the advice of the commission and shall follow procedures set forth by 
rules adopted by the department. 
Sec. 40. 24-A MRSA c. 56-B, as amended, is repealed. 
Sec. 41. 26 MRSA §51, as amended by PL 2003, c. 673, Pt. Q, §1, is repealed. 
Sec. 42. 30-A MRS A §4722, sub-§I,~, as amended by PL 2005, c. 644, §1, is 
further amended to read: 
Y. 
Expand access to housing for young professionals and young families. The 
Maine State Housing Authority shall develop recommendations to create or modify 
I 
programs with the goal of expanding access to housing for young professionals and 
young families. 
The Maine State Housing Authority shall specifically consider 
strategies to assist renters and first-time home buyers who are under 35 years of age 
and explore options for linking assistance levels to student loan obligations. The 
Maine State Housing Authority shall collaborate with the Maine Community College 
System, vocational high schools and community action programs to encourage the 
development of affordable housing in high-cost housing areas ofthe State. 
(1) 
The Maine State Housing Authority shall report its findings and 
recommendations regarding expanded access to housing for young professionals 
and young families to the fl:ltl:lre for YOl:lth iR MaiRe State Work AetioR Taeties 
II 
Team established iR Title 5, sectioR 13161 aRd to the joint standing committee of 
the Legislature having jurisdiction over housing matters no later than January 15, 
2005 and annually thereafter; 
Sec. 43. 30-A MRSA §5241, sub-§5, as enacted by PL 2001, c. 669, §I, is 
repealed. 
Sec. 44. 35-A MRSA §7104, sub-§7, ,A, as enacted by PL 2005, c. 305, §2, is 
amended to read: 
A. 
In establishing the total level of support for the state universal service fund, the 
commission shall include funding levels for telecommunications relay services as 
reeommeRded by the Teleeomml:lRieatioRs Relay Seryiees AdyisoF)' COI:lReil, as 
established iR seetioR 8704, unless the commission determines, upon its own motion 
or upon the request of a. provider of intrastate telecommunications services, that the 
recommended funding levels may be unreasonable. If the commission determines 
that the funding levels may be unreasonable, the commission shall open a proceeding 
to determine a reasonable funding level for telecommunications relay services, 
including related outreach programs. Upon the conclusion of the proceeding, the 
commission shall establish funding support for telecommunications relay services, 
including related outreach programs, that it has found to be reasonable within the 
state universal service fund. The commission shall require contributions to the state 
universal service fund on a quarterly basis to meet the established funding support 
levels. 
Sec. 45. 35-A MRSA §8702, sub-§l, as enacted by PL 1989, c. 851, §7, IS 
repealed. 
Sec. 46. 35-A MRSA §8703, sub-§8, as enacted by PL 1989, c. 851, §7, IS 
repealed. 
Sec. 47. 35-A MRSA §8704, as amended by PL 2005, c. 605, §§5 and 6, IS 
repealed. 
Sec. 48. 38 MRSA §551-A, as enacted by PL 1991, c. 698, §12, is repealed. 
SUMMARY 
This bill repeals boards and commissions that did not file annual reports in 2005 or 
2006, or that filed an annual report but indicated inactivity for 2005 and 2006. The 
boards and commissions being repealed are: 
I. Education Commission of the States; 
2. Future for Youth in Maine State Work Action Tactics Team, "S.W.A.T."; 
3. Maine Higher Educational Attainment Council; 
4. Pharmaceutical Cost Management Council; 
5. Prescription Drug Advisory Commission; 
0 
6. Telecommunications Relay Services Advisory Council; 
7. Work Center Purchases Committee; 
8. Agricultural Products Utilization Commission; 
9. Commission on Safety and Health in the Maine Workplace; 
10. Maine Engineers Recruitment and Retention Advisory Committee; 
11. Maine-Canadian Legislative Advisory Commission; 
12. Natural Areas Advisory Board; 
13. Oil Spill Advisory Committee; 
14. The State Compensation Commission; and 
15. The Board of Directors of the Maine Consumer Choice Health Plan. 
It also removes references to the Advisory Commission on Radioactive Waste and 
Decommissioning, which has a sunset date of June 30, 2006; the General River Corridor 
Commissions, which were never formed; and the Commission on Performance 
Budgeting, which is repealed July 1,2007.