An Act To Repeal the Cap on Rental Rates for State Submerged Lands
Maine Legislature, Session 123, LD 2023
Committee Amendment CA_A_H770 (House)
Amends: 12 MRSA §1862

COMMITTEE AMENDMENT ",4 " to H.P. 1407, L.D. 2023, Bill, "An Act To 
Repeal the Cap on Rental Rates for State Submerged Lands" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §1862, sub-§2, ~, as amended by PL 2005, c. 134, §3, is 
further amended to read: 
E. 
Beginning January 1, 1997, the maximum rent to which any lease is subject may 
not exceed $1,200 per year. The $1,200 limit does not apply to a large-scale project. 
The director shall establish through rulemaking criteria for determining a project's 
designation as a large-scale project and criteria for establishing rents for large-scale 
projects. Rules adopted pursuant to this paragraph are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. This paragraph is repealed June 30, 
2009. 
Sec. 2. Director of the Bureau of Parks and Lands to convene a working 
group to assist in the development of a fair and equitable rent structure for 
leasing submerged lands. The Director of the Bureau of Parks and Lands within the 
Department of Conservation shall convene a working group to advise and assist the 
Department of Conservation, Bureau of Parks and Lands in developing a rent structure 
for leasing submerged land that is fair and equitable. 
The working group may 
recommend a phase-in period to ease the transition into the new rent structure. 
Based on the draft rent schedule developed and circulated by the bureau in 2007 and 
early 2008, the director shall invite representatives of the following groups of lessees to 
participate in the working group: 
1. Two whose leases exceed $10,000 annually; 
2. Two whose leases are between $3,000 and $9,999; and 
3. Two whose leases are between $1,200 and $2,999. 
COMMITTEE AMENDMENT 
.\,. ~a 
COMMITTEE AMENDMENT" f} .. to H.P. 1407, L.D. 2023 
In addition, the director shall also seek participation from members of the Submerged 
Lands Advisory Board, representatives of marine trade groups and at least 2 members 
from the general public. Assistance to the working group must be provided within 
existing resources of the bureau. 
S 
Sec. 3. 
Report to the Joint Standing Committee on Agriculture, 
Conservation and Forestry. No later than October 22, 2008, the Director of the 
Bureau of Parks and Lands within the Department of Conservation shall provide the Joint 
Standing Committee on Agriculture, Conservation and Forestry with a copy of the rent 
schedule developed pursuant to section 2, including a summary of the working group's 
meetings, the rationale for various rent categories and a timel ine for phasing in the new 
lease rates.' 
SUMMARY 
This amendment replaces the bill. It delays the repeal of the cap on rental rates until 
June 30, 2009 and directs the Director of the Bureau of Parks and Lands within the 
Department of Conservation to convene a working group to assist in developing a 
schedule of rental rates. It requires the director to report to the Joint Standing Committee 
on Agriculture, Conservation and Forestry no later than October 22, 2008. 
FISCAL ~OTE REQI.;IRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03117/08 
~ac:. 
LD 2023 
LR 2980(02) 
An Act To Repeal the Cap on Rental Rates for State Submerged Lands 
Revenue 
Fiscal Note for Bill as Amended by Committee Amendment" /I" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
2008-09 
Projections 
2009-10 
Other Special Revenue Funds 
$0 
$0 
$140,000 
Fiscal Detail and Notes 
Projections 
2010-11 
$280,000 
This bill would repeal, on June 30, 2009, the current cap of $1 ,200 per year on rental rates for submerged lands leased 
from the State. The Department of Conservation will develop the amount and rate of increase for these leases by 
October 28,2008. It is estimated that Other Special Revenue Funds revenue would increase by an additional 
$140,000 per year starting in fiscal year 2009-10 over the next 5 years to a maximum annual revenue increase of 
$700,000. 
LR2980(02) - Fiscal Note - Page I of 1