An Act To Authorize a General Fund Bond Issue for Wastewater Infrastructure on the Penobscot River and To Require Testing Relating to Publicly Owned Treatment Works March 8, 2007
Maine Legislature, Session 123, LD 1222
Committee: Appropriations and Financial Affairs
Sponsors: ROSEN, DUCHESNE, PERRY, SCHNEIDER, CAIN, FAIRCLOTH
Amends: 38 MRSA §414-B

Legislative Document 
No. 1222 
S.P.423 
An Act To Authorize a General Fund Bond Issue for Wastewater 
Infrastructure on the Penobscot River and To Require Testing 
Relating to Publicly Owned Treatment Works 
March 8, 2007 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed. 
Presented by Senator ROSEN of Hancock. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative DUCHESNE of Hudson and Senators: PERRY of Penobscot, 
SCHNEIDER of Penobscot, Representatives: CAIN of Orono, FAIRCLOTH of Bangor, 
ROSEN of Bucksport. 
Printed on recycled paper 
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Preamble. Two thirds of both Houses of the Legislature deeming it necessary in 
accordance with the Constitution of Maine, Article IX, Section 14 to authorize the 
issuance of bonds on behalf of the State of Maine to provide funds as described in this 
Act, 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. Authorization of bonds. The Treasurer of State is authorized, under 
the direction of the Governor, to issue bonds in the name and on behalf of the State in an 
amount not exceeding $10,000,000 for the purposes described in section 6 of this Part. 
The bonds are a pledge of the full faith and credit of the State. The bonds may not run for 
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a period longer than 10 years from the date of the original issue of the bonds. At the 
discretion of the Treasurer of State, with the approval of the Governor, any issuance of 
bonds may contain a call feature. 
Sec. A-2. 
Records of bonds issued kept by Treasurer of State. The 
Treasurer of State shall keep an account of each bond showing the number of the bond, 
the name of the successful bidder to whom sold, the amount received for the bond, the 
date of sale and the date when payable. 
Sec. A-3. Sale; how negotiated; proceeds appropriated. The Treasurer of 
State may negotiate the sale of the bonds by direction of the Governor, but no bond may 
be loaned, pledged or hypothecated on behalf of the State. The proceeds of the sale of the 
bonds, which must be held by the Treasurer of State and paid by the Treasurer of State 
upon warrants drawn by the State Controller, are appropriated solely for the purposes set 
forth in this Part. Any unencumbered balances remaining at the completion of the project 
in section 6 lapse to the debt service account established for the retirement of these bonds. 
Sec. A-4. Interest and debt retirement. 
The Treasurer of State shall pay 
interest due or accruing on any bonds issued under this Part and all sums coming due for 
payment of bonds at maturity. 
Sec. A-S. Disbursement of bond proceeds. The proceeds of the bonds must be 
expended as set out in this Part under the direction and supervision of the Department of 
Environmental Protection. 
Sec. A-6. Allocations from General Fund bond issue. The proceeds of the 
sale of the bonds must be expended as designated in the following schedule. 
DEPARTMENT OF 
ENVIRONMENTAL PROTECTION 
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..,.., 
Provides funds for a wastewater state 
revolving fund for combined sewer 
overflow abatement of publicly owned 
treatment works on the Penobscot River 
from Millinocket to Penobscot Bay. 
$10,000,000 
Sec. A-7. Contingent upon ratification of bond issue. Sections I to 6 do not 
become effective unless the people of the State ratifY the issuance of the bonds as set 
forth in this Part. 
Sec. A-S. Appropriation balances at year-end. At the end of each fiscal year, 
all unencumbered appropriation balances representing state money carry forward. Bond 
proceeds that have not been expended within 10 years after the date of the sale of the 
bonds lapse to General Fund debt service. 
Sec. A-9. Bonds authorized but not issued. Any bonds authorized but not 
issued, or for which bond anticipation notes are not issued within 5 years of ratification of 
this Part, are deauthorized and may not be issued, except that the Legislature may, within 
years after the expiration of that 5-year period, extend the period for issuing any 
remaining unissued bonds or bond anticipation notes for an additional amount of time not 
to exceed 5 years. 
Sec. A-to. Referendum for ratification; submission at election; form of 
question; effective date. This Part must be submitted to the legal voters of the State at 
a statewide election held in the month of November following the passage of this Part. 
The municipal officers of this State shall notifY the inhabitants of their respective cities, 
towns and plantations to meet, in the manner prescribed by law for holding a statewide 
election, to vote on the acceptance or rejection of this Part by voting on the following 
question: 
"Do you favor a $ I 0,000,000 bond issue to provide funds to a state 
wastewater revolving fund for combined sewer overflow abatement of 
publicly owned treatment works on the Penobscot River from 
Millinocket to Penobscot Bay?" 
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within a corresponding square 
below the word "Yes" or "No." 
The ballots must be received, sorted, counted and 
declared in open ward, town and plantation meetings and returns made to the Secretary of 
State in the same manner as votes for members of the Legislature. The Governor shall 
review the returns. If a majority of the legal votes are cast in favor of this Part, the 
Governor shall proclaim the result without delay and this Part becomes effective 30 days 
after the date of the proclamation. 
The Secretary of State shall prepare and furnish to each city, town and plantation all 
ballots, returns and copies of this Part necessary to carry out the purposes of this 
referendum. 
PARTB 
Sec. B-1. 38 MRSA §414-B, sub-§5 is enacted to read: 
5. Reports from nonsystem users. Each publicly owned treatment works shall 
submit to the department a monthly report in connection with effluent that is transported 
by truck to the publicly owned treatment works or that is otherwise received from users 
that are not connected to the publicly owned treatment works. The report must identity 
the levels of mercury and other heavy metals that are contained in the following: 
A. The effluent introduced into the publicly owned treatment works; 
B. The effluent discharged from the publicly owned treatment works; and 
C. The sludge generated by the publicly owned treatment works. 
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The department shall adopt rules to identity the heavy metals that must be reported 
pursuant to this subsection. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
The funds provided by this bond issue, in the amount of $1 0,000,000, will be used to 
fund a state wastewater revolving fund for combined sewer overflow abatement of 
publicly owned treatment works on the Penobscot River from Millinocket to Penobscot 
Bay. The bill also requires publicly owned treatment works to submit monthly reports to 
the Department of Environmental Protection in connection with effluent received from 
users that are not connected to the publicly owned treatment works.