An Act To Repeal the Informed Growth Act
Maine Legislature, Session 125, LD 0322
Committee Amendment CA_A_H108 (House)
Amends: 30-A MRSA §4365-A, 30-A MRSA §4366, 30-A MRSA §4367, 30-A MRSA §4371

COMMITTEE AMENDMENT "A " 
to H.P. 255, L.D. 322, Bill, "An Act To 
Repeal the Informed Growth Act" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the Informed Growth Act' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 30-A MRSA §4365-A is enacted to read: 
§4365-A. Municipal opt-in 
The provisions of this subchapter do not apply to a municipality unless the 
municipality has adopted an ordinance that specifically adopts by reference the provisions 
of this subchapter. 
Nothing in this subchapter limits the home rule authority of 
municipalities to adopt ordinances on the same subject matter as this subchapter. 
Sec. 2. 30-A MRSA §4366, su b-§8, as enacted by PL 2007, c. 347, § 1, is 
repealed. 
Sec. 3. 30-A MRSA §4366, sub-§10, as enacted by PL 2007, c. 347, §1, is 
amended to read: 
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 Pc outv/eigh the positive 
effects on those factors. 
Sec. 4. 30-A MRSA §4367, sub-§l, as enacted by PL 2007, c. 347, §1, is ' 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 255, L.D. 322 
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. +he 
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. 
Sec. 5. 30-A MRS A §4367, sub-§3, as enacted by PL 2007, c. 347, §1, is 
amended to read: 
3. Payment. The applicant for the permit shall pay a fee of $40,000 to the office to 
be deposited into a dedicated revenue account municipality. 
The municipality shall 
establish the amount of the fee. 
The development application is not complete for 
processing until the office confirms that the fee has been paid. 
The office shall disburse to the municipality from the dedicated account an amount equal 
to-the municipality shall use the fee to cover the municipality's projected costs of the 
comprehensive economic impact study contract, notice of the public hearing and related 
municipal staff support. the municipality's contract for the study must be defined and 
priced to ensure that the $40,000 fee will be sufficient to cover both the costs of the study 
and the costs listed in this subsection. The office may charge against the fee an amount 
sufficient to cover its costs to record, administer and disburse the fee, but v/hich may not 
exceed $1,000. Any unexpended funds from the $40,000 fee must be retumed to the 
applicant. 
Sec. 6.30-A MRS A §4367, sub-§4, ,A, as enacted by PL 2007, c. 347, §1, is 
amended to read: 
A. The municipality may require that the comprehensive economic impact study, 
using existing studies and data and through the collection and analysis of new data, 
il'lt!St 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. 
Sec. 7. 30-A MRSA §4371, as repealed and replaced by PL 2009, c, 260, § 1, is 
repealed.' 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill and 
makes the following changes to the Informed Growth Act. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A-" to H.P. 255, L.D. 322 
1. It provides that the provisions of the Informed Growth Act do not apply to a 
municipality unless the municipality adopts an 'ordinance that adopts by reference the 
Informed Growth Act. 
2. It provides that municipalities that are subject to the Informed Growth Act by the 
adoption of such an ordinance receive the fee directly from the developer for the 
comprehensive economic impact study rather than through the Executive Department, 
State Planning Office and determine the amount of the fee. 
3. The definition of "undue adverse impact" is amended to mean that the estimated 
overall negative effects outweigh the positive effects and removes the requirement that 
the estimated negative effects of at least 2 of the factors considered in the study outweigh 
the positive effects on those factors. 
4. It provides that the municipality may determine which factors are considered in 
the comprehensive economic impact study. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/28/11 
;;tb/CZc:.. 
LD322 
LR 269(02) 
An Act To Repeal the Informed Growth Act 
l?iscal Note for Bill as Amended by Committee Amendment 'R" 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Elimination of Funded State Mandate 
Minor savings - General Fund 
Minor.revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
May decrease the number of civil suits and civil violations. 
Any reduction in fines and filing fees wilI decreaseGeneral Fund revenue by minor amounts. 
Fiscal Detail and Notes 
This bill as amended makes changes to the Informed Growth Act (IGA). It provides that the IGA does not apply to a 
municipality unless it adopts a local ordinance which incorporates the IGA by reference. This relieves municipalities 
of the mandated requirement in current law to prepare comprehensive economic impact studies, review related 
applications, conduct public hearings on impact studies and issue permits for large scale retail developments. The bill 
removes certain administrative burdens from the State Planning Office, which is no longer required to act as a conduit 
for funds to municipalities for the application fees paid by prospective developers for large scale retail development 
permits. Any savings from removing these administrative duties are expected to be minor. The biII also allows 
municipalities to set their own fee levels for applications for permits to be issued pursuant to the IGA. 
LR0269(02) - Fiscal Note - Page 1 of I