Maine Legislature, Session 124, LD 1389
Committee: Business, Research and Economic Development
Sponsors: DAMON, PIOTTI, COURTNEY, MILLS, SCHNEIDER, BERRY, DUCHESNE, SMITH
Amends: 5 MRSA §3308-A, 30-A MRSA §2343, 5 MRSA §3307-G

Legislative Document 
No. 1389 
S.P.505 
. In Senate, April 2, 2009 
An A,ct To Create State and Regional Quality of Place Investment 
Strategies for High-value Jobs, Products and Services in Maine 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
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. Presented by Senator DAMON of Hancock. (GOVERNOR'S BILL) 
Cosponsored by Representative PIOTTI of Unity and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: COURTNEY of York,MILLS of Somerset, SCHNEIDER of Penobscot, 
Representatives: BERRY of Bowdoinham, DUCHESNE of Hudson, SMITH of Monmouth. 
Printed on recycled pnpt!r 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 5 MRS A c. 311-A is enacted to read: 
CHAPTER 311-A 
MAINE QUALITY OF PLACE INVESTMENT STRATEGY 
§3308. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Asset-based investment strategy. "Asset-based investment strategy" means a 
plan of action that builds on exceptional and madcetable local and regional strengths, 
resources and advantages to create new high-value jobs, products and services. 
2. CouIicil. "Council" means the Maine Quality of Place Council established under 
Title 5, section 12004-G, subsection 29-C. 
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3. 
Regional quality of place investment strategy. "Regional quality of place 
investment strategy" means an asset:"based investment strategy that builds upon local and 
regional place-based assets through the means set forth in subsection 4 and toward the 
goals set forth in section 3308-D, subsection 1. 
4. -State quality of place investment strategy. "State quality of place investment 
strategy" means an asset-based investment· strategy that builds upon the State's place-
based assets through the following means: 
A. Landscape protection; 
B. Downtown revitalization; 
C. Historic preservation; 
D. Support for the arts, culture and creative economy; 
E. Tourism based on nature; adventure and heritage; 
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F. Outdoor recreation and leisure; 
G. Access to outdoor recreation and leisure over public and private lands; and 
H. Related infrastructure and workforce development. 
§3308-A. Maine Quality of Place Council 
The Maine Quality of Place Council is established within the Executive Department. 
The council consists of 11 members, 6 who are private citizens and 5 who are ex officio 
members. 
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1. 
Ex officio members. 
The ex officio members of the council are the 
Commissioner of Economic and Community Development, the Commissioner of 
Transportation, the Commissioner of Conservation, the Director of the State Planning 
Office within the Executive Department and the chair of the Maine State Cultural Affairs 
Council. 
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2. Citizen members. The 6 private citizen members of the council are appointed by 
the Governor, subject to review by the joint standing cOlnmittee of the Legislature having 
jurisdiction over matters pertaining to economic and community development and to 
confirmation by the Legislature, 
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3. Qualifications. The 6 private citizen members 'of the council must be selected for 
their knowledge of and commitment to protecting, enhancing and building upon the 
State's natural, historic, cultural, recreational and downtown assets. One private citizen 
must be a representative of one of the State's regional planning and development districts 
designated under Title 30-A, section 2341', . 
4. Terms. The private citizen members of the council are appointed to staggered 4-
year terms. Private citizen members may not serve more than 2 consecutive 4-year terms. 
5. 
Chair. The Governor shall appoint the chair of the council from among its 
members. 
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6. Assistance. The Department of Economic and Community Development; the 
Department of Conservation; the Department of Transportation; the Cultural Affairs 
COimcil; the Department oflnland Fisheries and Wildlife; the Department of Agriculture, 
Food and Rural Resources; the Department of Marine Resources; the Executive 
Department, State Planning Office; and all either state agencies shall provide assistance 
considered necessary by the council to fulfill the objectives of this chapter. The State 
Planning Office shall provide staff support to the council as described in section 3307-G. 
§3308-B. Council meetings; rules and administrative proceedings 
1. Meetings. The council shall meet at least 4 times each year. The chair shall call 
the meetings' of the council and establish its agenda. 
2. Rules. The council, acting in accordance with chapter 375, may adopt rules it 
. considers necessary for the conduct of its business. Council rules are routine technical 
rules under chapter 375; subchapter 2-A. 
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3. Compensation. Private citizen members of the council are' entitled to receive 
compensation equal to legislative per diem and travel expenses as allowed under section 
12004-G, subsection 29-C while engaged in council activities. 
The Executive 
Department, State Planning Office shall absorb these costs. 
4. Quorum. A quorum of the council for the transaction of business is 7 members. 
5. Personal bias. If a charge of bias or personal financial interest, direct or indirect, 
is asserted against a member of the council requesting that member to withdraw from a 
proceeding of the council, thatmeinber shall determine whether or not to withdraw and 
make that determination part of the record of that proceeding. . 
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§3308-C. Council responsibilities 
1. Biennial report; goals. The council shall report to the Governor and Legislature 
prior to December 31st of each even-numbered year. In .its report, the council shall 
describe whether and how the state quality of place investment strategy and regional 
quality of place investment strategies have achieved the following goals: 
A.. To create new, high-value. jobs, products and services in the State that will 
succeed in national and global LnaJikets; to' the eC0Uomtc· oelilef'i;t 0f,'I'ocali, l!egi0\i1ali and 
state residents; 
B. 
To make the State"s several regIons more' eennmmicalJiy . eOJn:petliitiiv.e. am;!! 
prosperous through increased investment, fob opportunIties, regional incomes anilli 
public revenues; and 
C. To preserve, enhance and market the State's quality of place assets, both natural 
and manufactured, as economic drivers. 
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In its report and in consultation with affected agencies, the council shall recomrriend, 
including any recommended legislation, how to align. state agency laws, programs and 
funding with a state quality of place investment strategy. The council shall recommend 
initiatives to ensure that capital investment and program funding are aligned across all 
state agencies, levels of government and economic sectors to advance a state quality of 
place investment strategy, principally through support of regional quality of place 
investment strategies. 
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The council's report must include a description of the management and distribution of the 
fund established under section 3308-D. 
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2. Regional strategies; coordination of strategies. The council shall assess: 
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A. The alignment of regional quality Of place investment strategies developed under 
Title 30-A, section 2343 with a state quality of place investment strategy; and 
B. The coordination among state, regional and local agencies and governments, as 
well as with the private, nonprofit and philanthropic sectors involved in creation of an 
effective state quality of place investment strategy. 
3. Funds. The council shall administer any funds appropriated, allocated or donated 
for the Maine Quality of Place Investment Fund established under section 3308-D. The 
council's report under subsection 1 must include a description of the distribution of any 
funds under this subsection. 
4. 
Measures. 
The council shall develop standard and effective performance 
measures to assess the success of a state quality of place investment strategy and regional 
quality of place investment strategies in terms of the goals set forth in subsection 1. 
5. Awards. The council shall develop and award annually Maine Quality of Place 
Prosperity Awards recognizing significant contributions that preserve, strengthen and 
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market the State's quality of place assets that stimulate job creation and economic 
prosperity. 
§3308-D. Maine Quality of Place Investment Fund 
1. Fund established. There is established the Maine Quality of Place Investment 
Fund administered by the council. The Maine Quality of Place Investment Fund consists 
" of the proceeds from the sale of any bonds authorized for the purposes set forth in 
subsection 3 and any funds received as contributions fi'om private and public sources for 
those purposes. The Maine Quality of Place Investment Fund must be held separate and 
apart from all other money, funds and accounts. Eligible investment earnings credited to 
the assets of the Maine Quality of Place Investment Fund become part of the assets of that 
fund. Any balance remaining in the Maine Quality of Place Investment Fund at the end 
of any fiscal year ITiust be carried forward for the next fiscal year. 
2. Fund available. Upon authorization of the council, fof the purposes identified in 
subsection 3, the Maine Quality of Place Investment Fund is available to regional 
planning and development districts described in Title 3D-A, section 2343 and to any other 
applicant when the application is submitted as part of a regional quality of place 
investment strategy as described in this chapter and Title 3D-A, section 2343. 
3. Fund proceeds. The proceeds of the Maine Quality of Place Investment Fund 
may be applied and expended" to "develop and implement regional quality of place 
investment strategies asdesci'ibed in subsection 2 as follows: 
A. To implemen"t a regional quality of place investment strategy that builds upon 
eff0\1s under paragraphs Band C; 
B. 
To inventory marketable regional quality of place natural and built assets, 
including distinctive and exceptional: 
(I) Natural resources, landscape, downtown, historical and cultural assets; and 
(2) "Recreational, educational, transportation and renewable energy assets; and 
C. To create a regional qual ity of place investment strategy by: 
(1) Identifying sustainable market opportunities that build upon a region's quality 
of place assets identified under paragraph B; 
(2) Developing an investment plan and initiatives to realize these identified 
market opportunities; 
(3) Setting priorities among the plan's recommended quality of place investments 
and initiatives; 
(4) Taking advantage of available private~ philanthropic and public sources of 
funding for the investments and initiatives; and 
(5) Offering a plan to achieve full implementation, monitoring and measurement 
of the results of the strategy" 
§3308-E. Request for proposals 
When directed by the council, the Executive Department, State Planning Office shall 
issue a request for proposals in accordance with the Depaliment of Administrative and 
Financial Services, Bureau of General Services' rules governing the purchase of services 
and awarding of grants.. 
A request for proposals must include the schedules for 
submission· and action on· applications for grants ulider this chapter, procedures for 
scoring and ranking those applications and procedures and information requirements 
related to application submissions. The State Planning Office shall provide reasonable 
notice to all eligible applicants about the availability of the fund and the solicitation Of 
grant proposals. 
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Prior to issuing a request for proposals, the Executive Department, State Planning 
Office shall consult with the council· to develop criteria for inclusion in the request for 
proposals. 
§3308-F. Other state funds 
In accordance with guidelines developed by the Executive. Department, State 
Planning Office, preference points must be given to grant applications for other state 
program ftinding when the application is submitted as pali of a regional quality of place 
investment strategy as described in this chapter and Title 30-A, section 2343. Except as 
provided in this section, nothing in this chapter is· intended to change the criteria for 
eligibility and award offunds under other state programs. 
With the assistance of the State Planning Office and in consultation with affected 
state agencies, the council shall develop an inventory of other state programs that might 
fund regional quality of place investment strategies and develop appropriate preference 
points to be used in the administration of those program funds. 
Sec: A-2. 5 MRS A §12004-G, sub-§29-C is enacted to read: 
29-C. 
Natural and Built 
Maine Quality of 
Assets 
Place Council 
Legislative Per 
Diem and Expenses 
for Private Citizen 
Members 
MRSA §3308-A· 
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Sec. A-3. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 5, 
section 3308-A, subsection 4, the initial appointments of the private citizen members of 
the Maine Quality of Place Council are 2 members for2-year terms, 2 members for 3-
year terms and 2-members for 4-year terms. 
PART·B 
Sec. B-l. 30-A MRSA §2343 is enacted to read: 
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§2343. Regional quality of place investment strategies 
Regional planning and development districts designated under section 2341 and 
having a comprehensive economic development strategy under 42 United States Code, 
Section 3162 shall inventory regional quality of place assets as described in subsection 1 
and' create 'a regional quality of place investment strategy as described in Title 5, chapter 
311-A, 
In executing this inventory and strategy creation, a regional' planning arid 
development district shall actively engage and involve leading representatives of natural 
resource-based business, tourism, recreation, land conservation, arts and culture, historic 
-preservation, 
downtown revitalization, 
municipal, 
transportation 
and 
workforce 
development interests within the region, A regional quality of place investment strategy 
must identify: 
1. Assets. The region's distinctive and exceptional quality of place natural and built 
assets including natural resource, landscape, downtown, historical and cultural assets; 
distinct and exceptional recreational, educational and transportation assets; and related 
workforce development assets; 
2~ Market opportunities. 
Sustainable market opportunities that build upon a 
region's quality of place assets; 
,3. Investments. An investment plan and initiatives to realize identified market 
oppOliunities; 
4. 
Priorities. 
Priorities among the region's recommended quality of place 
investments and initiatives; 
5. Other support. Opportunities and approaches for leveraging other public and 
private development activities and funds to support the requirements of this section; and 
6. 
Implementation. 
A plan to achieve full implementation, monitoring and 
, measurement of the results of the strategy. 
PARTe 
Sec. C-l. 5 MRSA §3307-G is enacted to read: 
§3307-G. Maine Quality of Place Council support 
1. ,Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Asset-based investment strategy" has the meaning set forth in Title 30-A, section 
3308, subsection 1. 
B. 
"Council" means the Maine Quality of Place Council established in section 
·12004-G, subsection 29-C. 
C. "Regional quality of place investment strategy" has the meaning set forth in Title 
30-A, section 3308, subsection 3. 
D. "State quality of place investment strategy" has the meaning set forth in Title 
30-A, section 3308, subsection 4. 
2. Support. To support the work of the cou'ncil, the office shalI: 
A. Provide stafr' assistance to the council as assigned by the director; 
B. 
In consultation with the. council, develop and publish educational materials 
' elaborating the state quality of place investment strategy and the goals set forth in 
Title 30-A, section 3308-C, subsection 1 and publish educational materials regarding 
asset-based investment strategies and quality of place assets; 
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C. In consultation with the council and affected agencies, develop tools, surveys and. 
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guides 'to help state agencies align their laws, programs, and funding with a state 
quality of place investment strategy; to help assess alignment of regional quality of , 
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place investment strategies developed under Title 30-A, section 2343 with a state 
quality of place investment strategy; and to create standard and effective performance 
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measures to assess the success of a state quality of place investment strategy and 
regional quality of place investment strategies; 
D. 
Develop and publish guides, best practices and agreements under Title 30-A, 
section 2343 for designated regiona:I planning and development districts for the 
inventory of regional quality of place assets and creation of regional quality of place 
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investment strategies required under Title 30-A, section 2343; , 
E. 
Create and maintain an iriventOIY of state grant programs that might support 
implementation of regional quality of place investment strategies deveioped under 
Title 30-A, section 2343; 
F. In consultation with the council, develop and publish,criteria for grants under the 
Maine Quality of Place Investment Fund established in section 3308-0. The criteria 
must give preference to projects identified as priorities in the regional quality of place 
investment strategies developed under Title 30-A, section 2343; and 
G. Publish criteria for Maine Quality of Place Prosperity Awards developed under 
section 3308-C, subsection 5. 
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SUMMARY 
Part A establishes the Maine Quality of place Council to act as a coordinating body 
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for state and regional quality of place investment strategies. The council consists of state 
and regional public agency representatives and private citizens. 
Its responsibilities 
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include working with other state agencies to recommend how state agencies may align 
their laws, programs and funding with a state quality of place investment strategy to 
support regional effOIts and assessing how regional quality of place investment strategies 
align with state efforts. The council wilI also create performance measures to assess state 
and regional quality of place investment strategies. It wilI also award annually Maine 
Quality of Place Prosperity Awards recognizing the preservation, enhancing and 
marketing of Maine's .quality of pl~ce assets to stimulate job creation and economic 
prosperity. 
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Part A also provides definitions for both. state and regional quality of place 
investment strategies. It establishes a fund for implementing regional quality of place 
investment strategies. The fund will con~ist of any bond proceeds and any public and 
private contributions received for its purpose. This Part also requires application~ for 
other'state program funds to receive preference points if they are submitted as part of a 
regional quality of place investment strategy. 
Pali B requires regional planning and development districts that have in place a 
United States Department of C(!HrIltl.eJ!e.e, 
ECO~10Iillic DeveJopliIilent Administration 
comprehensive. e.G.Qnom.iG. d'ev.el'op,IN.ent strategy to. de.velop a regional quality of place 
iil.ye.stment stl1ategy by engaghlg r,egi0l:tal! seer[w leaders:, setting priorities and leveraging 
puhlic and pri,y.ate devei'o(Dment acllii\(iti:es and ftll1ds .. 
Pal;!' C requrres the Executive Department, State Planning Office to provide assistance· 
to the Maine Quality of Place Council, engage in p'ublic education regarding a:ss~t-based 
investment strategies and a state quality of place investment strategy and work with 
regional planning and development districts to aid them in development of regional 
quality of place investment strategies.