An Act To Establish the St. John Valley Regional Planning Commission
Maine Legislature, Session 125, LD 0771
Committee Amendment CA_B_H865 (House)

COMMITTEE AMENDMENT ,:B" to H.P. 578, L.D. 771, Bill, "An Act To 
Establish the St. John Valley Regional Planning Commission" 
Amend the bill by striking out everything after the title and inserting the following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, regional planning commissions are quasi-municipal government 
organizations established by law; and 
Whereas, these commissions are funded largely by federal, state and local tax 
money; and 
Whereas, it was the intention of the State in establishing these commissions that 
they be responsive to local and municipal concerns in the areas they serve; and 
Whereas, it is clear that the current regional planning commission for the st. John 
Valley area no longer responds effectively to those concerns; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. Planning commission charter. Notwithstanding the Maine Revised 
Statutes, Title 30-A, chapter 119, this Act authorizes the establishment of a charter for the 
COMMITTEE AMENDMENT 
· t.; 
'\ ,J" 
-,. 
COMMITTEE AMENDMENT;B" to H.P. 578, L.D. 771 
St. John Valley Regional Planning Commission, referred to in this Act as "the planning 
commission." A regional planning commission other than as provided in this Act may 
not be established or act within the designated jurisdiction of the St. John Valley 
Regional Planning Commission unless in conformity with this Act. 
Sec. 2. Eligibility for funds and grants. State or county funds may not be paid 
to the planning commission unless the planning commission organizes and governs itself 
exclusively under this Act. It is the intent of the State that the St. John Valley Regional 
Planning Commission must govern itself under this Act in order to be eligible for federal 
funds or grants for any purpose. 
Sec. 3. 
Failure to organize. 
If the St. John Valley Regional Planning 
Commission fails to organize and govern itselfby this Act, then, on determination of such 
failure by the county commissioners of Aroostook County and after notice and hearing, 
the planning commission ceases to have the authority or status as a regional planning 
commission under the Maine Revised Statutes, Title 30-A, chapter 119, and all funds and 
assets of the planning commission must be transferred to the Executive Department, State 
Planning Office or its successor agency. The State Planning Office or its successor shall 
thereafter act for all purposes and with all authority as the regional planning commission 
for that region. 
The county commissioners of Aroostook County may petition the 
Superior Court to enforce this Act. 
Sec. 4. Charter creation. The procedure for establishing the charter for the St. 
John Valley Regional Planning Commission is as set out in this section. 
1. 
Legal bases for planning commission. 
The legal bases for the planning 
commission are contained in the Maine Revised Statutes, Title 30-A, chapter 119 and 
other applicable laws. 
2. 
Name. 
St. John Valley Regional Planning Commission, Inc. may conduct 
business under its corporate name. 
3. Executive board; membership. The charter must be established by an executive 
board, selected in accordance with this section. 
A. 
The executive board comprises members from cities, towns, plantations and 
unorganized townships in Commissioner District Number 3 in Aroostook County that 
choose to become members in accordance with the Maine Revised Statutes, Title 
30-A, chapter 119. 
Each municipality shall appoint one member to act as the 
representative for that municipality on the executive board. A municipality may also 
designate an alternate representative. The County Commissioner of Commissioner 
District Number 3 shall appoint one member to act as the representative for the 
plantations and unorganized townships within that county commissioner's district and 
may designate an alternate representative. A member of the executive board serves at 
the pleasure of the appointing authority for that member. 
B. The County Commissioner of Commissioner District Number 3 in Aroostook 
County shall call and convene the first meeting of the executive board. 
C. The members of the executive board shall elect a chair and vice-chair from among 
the membership of the executive board. Each member has one vote. 
COMMITTEE AMENDMENT 
~'; .. :..ii.:-: 
~ ,. 
COMMITTEE AMENDMENT 'B" to H.P. 578, L.D. 771 
4. Purpose; guidance; plan. The purpose of the executive board established in 
subsection 3 is to establish a charter for the St. John Valley Regional Planning 
Commission that considers the development of the St. John Valley, taking into account 
present and future needs, with a view toward encouraging the most appropriate use of 
land, such as for industry, commerce, education, housing, forestry and agriculture, the 
facilities of transportation and communications, the proper and economic location of 
public utilities and services, the development of adequate recreational areas, the 
encouragement of educational programs and facilities, the promotion of good civic design 
and the wise and efficient expenditure of public funds. The executive board shall use the 
charter established in Private and Special Law 1989, chapter 89 for guidance. 
The 
planning commission established by the charter must promote the health, safety, 
education and general welfare of the northern Maine region and its inhabitants and have 
as its purposes: 
A. Promotion of cooperative efforts toward regional development; 
B. Preparation and maintenance of a comprehensive regional plan. The charter must 
allow for adequate opportunity by the public to be heard in the preparation of a 
comprehensive plan; 
C. Coordination with state and federal planning and development programs; 
D. Provision of planning assistance and advisory services to municipalities; and 
E. Provision of programs and services to municipalities. 
5. Date of establishment of charter; approval by municipal officers and county 
commissioners. No later than July 1,2013, the executive board shall develop the charter 
in accordance with section 4 and present the charter to the municipal officers of the 
members of the executive board and the County Commissioner of Commissioner District 
Number 3 in Aroostook County, who shaH vote within 60 days of presentation of the 
charter on whether to approve the charter. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment is the minority report of the committee. It establishes the authority 
for the establishment of a charter for the St. John Valley Regional Planning Commission, 
the prospective membership of the planning commission and the methodology for the 
creation and approval of the charter. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02124112 .:t?ac 
LD771 
LR 757(03) 
An Act To Establish the St. John Valley Regional Planning Commission 
Fiscal Note for Bill as Amended by Committee Amendment ;:1}, (H ~ 8l.tJS) 
Committee: Labor, Commerce, Research and Economic Development 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
Appoint unorganized township representatives to the St. John Valley Regional 
Planning Commission. 
Unit Affected 
Local Cost 
County 
Insignificant 
limited scope 
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is 
amended to the bill and two-thirds of the members of each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
Fiscal Detail and Notes 
The bill requires the State Planning Office to replace the functions to be performed by the St. John Valley Regional 
Planning Commission should the Commission be unable to organize and govern itself in accordance with its' charter. 
This places a contigent liability upon the State which the State Planning Office estimates would require an annual 
appropriation of$125,772. Given the low probability that the State Planning Office will be required to replace the 
Commission, no appropriations are included in the bill at this time. 
LR0757(03) - Fiscal Note - Page 1 of 1