An Act To Enact the Informed Growth Act
Maine Legislature, Session 123, LD 1810
Committee Amendment CA_B_H356 (House)

COMMITTEE AMENDMENT B" to H.P. ]262, L.D. 1810, Bill, "An Act To 
Enact the Informed Growth Act" 
Amend the bill in section 1 by striking out all of §4366 and §4367 and inserting the 
following: 
'§4366. Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1. Comprehensive economic impact area. "Comprehensive economic impact area" 
means the geographic area affected by a proposed large-scale retail development. This 
area includes the municipality and abutting municipalities. 
2. Comprehensive economic impact study. "Comprehensive economic impact 
study" means a municipal study that estimates the effects of a large-scale retail 
development on the local economy, downtown and community pursuant to section 4367, 
subsection 4. 
3. Downtown. "Downtown" means the central business district of a community that 
serves as the center for socioeconomic interaction in the community and is characterized 
by a cohesive core of commercial and mixed-use buildings, often interspersed with civic, 
religious and residential buildings and public spaces, typically arranged along a main 
street and intersecting side streets, walkable and served by public infrastructure. 
4. Gross floor area. "Gross floor area" means the aggregate of the areas of each 
floor of a building or structure, including accessory structures, measured between the 
exterior faces of the exterior walls or limits of the building or structure at the level of 
each floor. 
5. Land use permit. "Land use permit" means a municipal permit or approval 
required by a municipal land ordinance, site plan ordinance, subdivision ordinance, 
zoning ordinance or building penn it ordinance or by the state subdivision law pursuant to 
subchapter 4. 
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COMMITTEE AMENDMENT.:B" to H.P. 1262, L.D. 1810 
6. Lan:e-scale retail development. "Large-scale retail development" means any 
retail business establishment having a gross floor area of 75,000 square feet or more in 
one or more buildings at the same location, and any expansion or renovation of an 
existing building or buildings that results in a retail business establishment's having a 
gross floor area of 75,000 square feet or more in one or more buildings except when the 
expansion of an existing retail business establishment is less than 20,000 square feet. 
Other retail business establishments on the same site as the large-scale retail business 
establishment are not included in this definition unless they share a common check stand, 
management, controlling ownership or storage areas. 
7. Municipal reviewing authority. "Municipal reviewing authority" means the 
municipal planning board, agency or office or, if none, the municipal officers. 
8. Office. "Office" means the Executive Department, State Planning Office. 
9. Retail business establishment. "Retail business establishment" means a business 
engaged in the sale of goods to the ultimate consumer for direct use or consumption. 
10. 
Undue adverse impact. 
"Undue adverse impact" means that, within the 
comprehensive economic impact area, the estimated overall negative effects on the 
factors listed for consideration in section 4367, subsection 4 outweigh the estimated 
overall positive effects on those factors and that the estimated negative effects of at least 
of the factors listed in section 4367, subsection 4, paragraph A outweigh the positive 
effects on those factors. 
§4367. Pr.eparation of comprehensive economic impact study 
As part of its review of a land use permit application for a large-scale retail 
development, a municipal reviewing authority shall require the preparation of a 
comprehensive economic impact study. 
1. Qualified preparer. A comprehensive economic impact study must be prepared 
by a person, other than the applicant for a large-scale retail development, listed by the 
office as qualified by education, training and experience to prepare such a study. The 
office shall provide the list of qualified preparers to a municipal reviewing authority and 
land use permit applicant upon request. The office shall adopt routine technical rules 
under Title 5, chapter 375, subchapter 2-A to carry out the purposes of this subsection. 
2. Selection of preparer. The selection of the preparer must be mutually agreed 
upon by the municipal reviewing authority and the applicant. If no mutual agreement is 
reached within 15 days, the municipal reviewing authority shall select the preparer. The 
preparer must be qualified in accordance with subsection I. 
3. Payment. 
The applicant for the permit shall pay a fee of $40,000 to the 
municipality. The development application is not complete for processing until the fee 
has been paid. The municipality's contract for the study must be defined and priced to 
ensure that the $40,000 fee will be sufficient to cover the costs of the comprehensive 
economic impact study, notice of the public hearing and related municipal staff support. 
Any unexpended funds from the $40,000 fee must be returned to the applicant. 
4. Comprehensive economic impact study. The comprehensive economic impact 
study must be completed within 4 months of the filing of the application and must be 
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COMMITTEE AMENDMENT :b .. to H.P. 1262, L.D. 1810 
made available to the municipal reviewing authority, the applicant and the public. It must 
estimate the effects ofthe large-scale retail development as set out in this subsection. 
A. The comprehensive economic impact study, using existing studies- and data and 
through the collection and analysis of new data, must identify the economic effects of 
the large-scale retail development on existing retail operations; supply and demand 
for retail space; number and location of existing retail establishments where there is 
overlap of goods and services offered; employment, including projected net job 
creation and loss; retail wages and benefits; captured share of existing retail sales; 
sales revenue retained and reinvested in the comprehensive economic impact area; 
municipal revenues generated; municipal capital, service and maintenance costs 
caused by the development's construction and operation, including costs of roads and 
police, fire, rescue and sewer services; the amount of public subsidies, including tax 
increment financing; and public water utility, sewage disposal and solid waste 
disposal capacity. 
B. The comprehensive economic impact study must identify, to the extent that there 
are available for reference, existing studies and data, the general environmental 
effects on those factors enumerated in section 4404, regardless of whether the project 
is a subdivision, and in Title 38, sections 480-D and 484, regardless of the acreage of 
the project site.' 
Amend the bill in section I in §4368 by striking out all of subsection 2 (page 3, lines 
to 38 in L.D.) and inserting the following: 
'2. Notice. Notice of the public hearing on the land use permit application must state 
that the comprehensive economic impact study will be presented at the hearing and that 
the municipal reviewing authority will take testimony on the comprehensive impact of the 
proposed large-scale retail development, and the notice must include the name of any 
potential retailer, a map of the development location and a map of the comprehensive 
economic impact area. The municipality shall also provide notice by regular mail to 
municipal officers of abutting municipalities and to all property owners within 1,000 feet 
of the proposed development.' 
Amend the bill in section 1 by striking out all of §4369 (page 4, lines 1 to 12 in L.D.) 
and inserting the following: 
'§4369. Land use permit approval 
The municipal reviewing authority shall evaluate the impacts of the proposed large-
scale retail development based on the comprehensive economic impact study; other 
materials submitted to the municipal reviewing authority by any person, including the 
applicant, state agencies, nonprofit organizations and members of the public; and 
testimony received during the public hearing under section 4368 to issue a finding of 
undue adverse impact or no undue adverse impact. The municipal reviewing authority 
may issue a land use permit for a large-scale retail development only if it determines that 
there is likely to be no undue adverse impact. 
Nothing in this Act may preclude a municipality from adopting an ordinance to 
authorize additional studies and criteria regarding the effects of a proposed large-scale 
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COMMITTEE AMENDMENT·h" to H.P. 1262, L.D. 1810 
retail development. The requirements of this Act are in addition to all other required 
federal, state and local land use permit processes that pertain to a proposed large-scale 
retail development.' 
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Amend the bill by adding before the summary the following: 
'Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
EXECUTIVE DEPARTMENT 
Planning Office 0082 
Initiative: Provides a base allocation of $500 to establish an Other Special Revenue Funds 
account to reimburse municipalities for activities related to certain permitting 
requirements mandated by the State. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
2007-08 
$500 
$500 
2008-09 
$500 
$500 
This amendment, which is the minority report, makes a number of changes to the bill. 
1. It removes the definitions of "aggregate of buildings or structures" and "market 
area" from the bill. 
2. 
It includes a definition of "municipal reviewing authority" and clarifies that 
"office" means the Executive Department, State Planning Office. 
3. 
It changes the defined term "comprehensive impact area" to "comprehensive 
economic impact area." 
"Comprehensive economic impact area" includes the 
municipality and the abutting municipalities in the geographic area affected by the 
proposed large-scale retail development rather than the market area of the development or 
miles in all directions. 
4. It changes the defined term "comprehensive impact study" to "comprehensive 
economic impact study." 
It estimates effects of the retail development rather than 
requiring positive and negative judgments. It removes other references to positive and 
negative effects. It also requires the preparer of the study to collect any studies on 
environmental issues that have already been carried out. 
5. 
It limits the definition of "large-scale retail development" to a single retail 
business on a single site. 
6. 
It clarifies the definition of "retail business establishment" by removing a 
reference to services. 
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COMMITTEE AMENDMENT "iT to H.P. 1262, L.D. 1810 
7. It requires the study to be completed within 4 months of application rather than 6 
months. 
8. It requires the municipal reviewing authority and the applicant for the permit to 
agree on the preparer of the study from the list provided by the State Planning Office. If 
there is no agreement after 15 days, the municipal reviewing authority has the authority to 
choose the preparer. 
9. It requires the applicant for the permit to pay the $40,000 fee to the municipality 
rather than to the State Planning Office. 
10. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/23/07 frac:.. 
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LD 1810 
LR 2241(03) 
An Act To Enact the Informed Growth Act 
Fiscal Note for Bill as Amended by Committee Amendment ::b " 
Committee: State and Local Government 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
Requiring municipalities prepare comprehensive impact studies is a state mandate 
pursuant to the Constitution of Maine. Public hearings and related administrative 
activites surrounding the permitting process are also mandated activities. The 
additional costs to accomplish these activities are expected to be significant. 
Fiscal Detail and Notes 
Unit Affected 
Municipality 
Costs 
Signific
r 
The bill requires permit applicants to pay $40,000 to the municipality. Although this payment reimburses the 
municipality for costs incurred in contracting for the comprehensive economic impact study and related costs, 30-A 
MRSA § 5685(3A) does not permit the state to meet its obligation to provide funding for mandated activities by 
authorizing a local unit of government to levy fees or taxes. Therefore, despite reimbursement from the permit 
applicant, without state reimbursement this bill will still be an unfunded state mandate. Without funding or a mandate 
preamble exempting the state from such funding, municipalities may not be required to adhere to the provisions of this 
bill. 
LR224 1(03) - Fiscal Note - Page I of I