An Act To Clarify the Laws Establishing the Department of Agriculture, Conservation and Forestry
Maine Legislature, Session 126, LD 0837
Committee: Agriculture, Conservation and Forestry
Sponsors: FREDETTE, THIBODEAU
Amends: 5 MRSA §933, 5 MRSA §12004-H, 7 MRSA §971-A, 7 MRSA §972-B, 7 MRSA §973-A, 7 MRSA §974-A, 7 MRSA §976, 7-A MRSA §202, 7-A MRSA §203, 7-A MRSA §205, 10 MRSA §1023-N

Legislative Document 
No. 837 
H.P. 588 
House of Representatives, March 5, 2013 
An Act To Clarify the Laws Establishing the Department of 
Agriculture, Conservation and Forestry 
(EMERGENCY) 
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative FREDETTE of Newport. 
Cosponsored by Senator: THIBODEAU of Waldo. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the public interest is best served by expedient legislative determination of 
policy direction, clear guidelines regarding statutory configuration and renewed 
commitment to conservation and rural economic needs; and 
Whereas, the organization of state responsibility assigned to assist and regulate any 
number of natural resources needs has multiple mandates better served with additional 
legislative clarification of the laws for the Department of Agriculture, Conservation and 
Forestry, including unified placement in the Maine Revised Statutes, Title 7; and 
Whereas, it is necessary to immediately refine the laws governing agriculture, 
conservation and forestry in order to provide legislative clarification regarding the 
statutory configuration of those laws; 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.  5 MRSA §933, sub-§1, ¶N, as amended by PL 2009, c. 552, §4, is further 
amended to read: 
N.  Director, Division of Quality Assurance and Regulation; and 
Sec. 2.  5 MRSA §933, sub-§1, ¶O, as amended by PL 2011, c. 1, Pt. F, §1, is 
repealed. 
Sec. 3.  5 MRSA §12004-H, sub-§10-A is enacted to read: 
10-A.   
Sec. 4.  7 MRSA §971-A is enacted to read: 
§971-A.  Definitions 
As used in this article, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Board.  "Board" means the Maine Potato Board as established in Title 36, section 
4603. 
2.  Committee.  "Committee" means the Potato Marketing Improvement Fund 
Committee as established in Title 5, section 12004-H, subsection 10-A. 
Potato Marketing Improvement 
Fund Committee 
Expenses Only 
MRSA §972-B
3.  Fund.  "Fund" means the Potato Marketing Improvement Fund as established in 
Title 10, section 1023-N. 
Sec. 5.  7 MRSA §972-B is enacted to read: 
§972-B.  Potato Marketing Improvement Fund Committee 
1.  Members.  The Potato Marketing Improvement Fund Committee, as established 
in Title 5, section 12004-H, subsection 10-A, consists of: 
A.  The commissioner or the commissioner's designee; 
B.  The immediate past president of the board; and 
C.  Five members who are appointed by the board and subject to approval by the 
Governor, one of whom must be a banker familiar with potato loan activities; one of 
whom must be a person in local government, State Government or Federal 
Government connected to the potato industry with a professional background that 
includes developing agricultural loans; one of whom must represent the processing 
sector of the potato industry; one of whom must represent the seed sector of the 
potato industry; and one of whom must represent the tablestock sector of the potato 
industry. 
2.  Duties.  The committee shall: 
A.  Advise the board on the development and implementation of programs and 
activities that improve the economic viability of the potato industry; 
B.  Advise the board concerning the funding and expenditures of the fund; and 
C.  Make recommendations to the board on authorized uses of the fund and activities 
relating to the fund other than activities relating to the processing of loan applications 
or the servicing and administration of loans, subject to final approval of the 
commissioner. 
Sec. 6.  7 MRSA §973-A, as enacted by PL 2001, c. 125, §3, is amended to read: 
§973-A.  Administration of Potato Marketing Improvement Fund 
The commissioner board shall administer the Potato Marketing Improvement Fund 
established under Title 10, section 1023-N fund. 
Sec. 7.  7 MRSA §974-A, sub-§2, as amended by PL 2001, c. 125, §4, is further 
amended to read: 
2.  State loan interest rate.  The interest rate for state loans is 5%.  Loans current on 
April 21, 1988 must be renegotiated to an interest rate of 5%. 
A fee for administrative costs, which must be at a rate set by rule by the commissioner 
upon consultation with the Potato Marketing Improvement Committee board but that may 
not exceed 1% of the loan, must be charged on all loans made for projects, the total cost 
of which exceeds $50,000.  This fee must be deposited in the Potato Marketing 
Improvement Fund fund. 
Sec. 8.  7 MRSA §974-A, sub-§3 is enacted to read: 
3.  Approval of loans and grants.  The commissioner has authority to approve all 
loans and grants from the fund. 
Sec. 9.  7 MRSA §976, as amended by PL 2005, c. 335, §6, is further amended to 
read: 
§976.  Aroostook County office 
The department board shall maintain or arrange for the maintenance of an office in 
Aroostook County located in a town most convenient to the largest number of potential 
users of the Potato Marketing Improvement Fund and sufficiently close to any local 
office of the board as to foster a close working relationship and provide a convenience to 
farmers who wish to visit both agencies.  This office must be staffed by one or more 
business development specialists whose responsibilities are primarily responsible for 
work associated with the fund as well as other activities as defined by the board, subject 
to review by the department.  The business development specialists shall must be 
available in the Aroostook County office on a regular basis. 
Should the performance of the functions of the business development specialists be 
contracted for, this contract must be made by the agency managing the fund board and 
must be awarded through competitive bidding. 
Sec. 10.  7-A MRSA §202, as enacted by PL 2011, c. 657, Pt. V, §1 and affected 
by §2, is amended to read: 
§202.  Mission; guiding principles 
1.  Mission.  The mission of the department is to serve as the a steward of Maine's 
agricultural, forestry, water and land natural resources for the State economy.  The 
department shall implement public policy that: 
A.  Supports the work of citizens who derive their livelihood through agricultural, 
conservation and forest-based interests and supports those who enjoy agricultural, 
conservation and forest-based interests; 
B.  Through education, technical assistance and research, promotes and protects the 
public health, the well-being of domestic animals, wise land usage and the 
preservation of the State’s key conservation assets; and 
C.  Assists in creating added value for land-derived and forest-derived products as 
well as creating outdoor-based recreational experiences for local, national and 
international markets. 
2.  Guiding principles.  The following principles are adopted to guide the 
department in the performance of its duties: 
A.  Forestry, farming, conservation, public lands and other natural resource-based 
economic activity are important to the State's economy and quality of life; and 
A-1.  The State's rural jobs and multifaceted natural resources are at the same time a 
rich heritage to be carefully passed to successive generations and an evolving 
economic engine driving the recreation, food and fiber components of the State’s 
workplaces; 
B.  Strengthening farming, forestry, conservation, recreation, state parks, public lands 
and public access to the State's natural resources is vital to enhancing the State's 
natural resources economy.; and  
C.  The State's land and water are the common denominators for fresh, locally grown 
food, for sustainable forest production and for the State's internationally recognized 
outdoor recreation and conservation venues. 
Sec. 11.  7-A MRSA §203, sub-§1, as enacted by PL 2011, c. 657, Pt. V, §1 and 
affected by §2, is amended to read: 
1.  Appointment.  The Governor shall appoint the commissioner, subject to review 
by the joint standing committee of the Legislature having jurisdiction over agriculture, 
conservation and forestry matters and confirmation by the Senate. The commissioner, 
who must demonstrate expertise, experience or understanding of a range of issues relating 
to agriculture, conservation and forestry, serves at the pleasure of the Governor. 
Sec. 12.  7-A MRSA §203, sub-§2, as enacted by PL 2011, c. 657, Pt. V, §1 and 
affected by §2, is amended to read: 
2.  Deputies; staff.  The commissioner shall appoint 2 deputy commissioners, one of 
whom assists the commissioner with operations and administration of the department and 
one of whom assists the commissioner with agriculture, forestry and natural resources-
based economic development. as follows: 
A.  The Deputy Commissioner of Agriculture, who must have expertise or relevant 
practical work experience or training in the farming and food industry and whose 
responsibilities include agricultural resource development; and 
B.  The Deputy Commissioner of Conservation and Forestry, who must have 
expertise or experience in land management and conservation, including forest 
management. 
Sec. 13.  7-A MRSA §205, sub-§1, as enacted by PL 2011, c. 657, Pt. V, §1 and 
affected by §2, is repealed. 
Sec. 14.  7-A MRSA §205, sub-§§6 and 7, as enacted by PL 2011, c. 657, Pt. V, 
§1 and affected by §2, are amended to read: 
6.  Division of Geology, Natural Areas and Coastal Resources.  The Division of 
Geology and, Natural Areas and Coastal Resources, whose director must be qualified by 
training, experience and skill in geology, natural areas or, applied natural sciences or 
coastal resource management; and 
7.  Division of Land Use Planning, Permitting and Compliance.  The Division of 
Land Use Planning, Permitting and Compliance, whose director must be qualified by 
experience in planning and administration. The director provides the principal 
administrative, operational and executive support to the Maine Land Use Regulation 
Planning Commission.  The director is subject to appointment and removal by the 
commissioner, with the consent of a majority of members of the Maine Land Use 
Regulation Planning Commission. 
Sec. 15.  10 MRSA §1023-N, first ¶, as amended by PL 2005, c. 335, §7 and PL 
2011, c. 657, Pt. W, §6, is further amended to read: 
There is created a fund known as the Potato Marketing Improvement Fund, referred 
to in this section as "the "fund."  The fund must be deposited with and maintained by the 
authority to be used solely for investment in the Maine potato industry.  The fund must be 
administered by the Maine Potato Board, established in Title 36, section 4603 and 
referred to in this section as "the board," and the Potato Marketing Improvement Fund 
Committee, established in Title 7, section 972-B and referred to in this section as "the 
committee," subject to final approval of the Commissioner of Agriculture, Conservation 
and Forestry, referred to in this section as "the commissioner," in accordance with Title 7, 
chapter 103, subchapter 10.  All money received by the authority from any source for the 
development and implementation of improved storage, packing and marketing and 
programs and activities that improve the economic viability of the potato industry must 
be credited to the fund.  Any money credited to the fund from the issuance of bonds on 
behalf of the State for agricultural development may be used only for the purposes of 
state loans as prescribed by Title 7, section 974-A to provide assistance to potato farmers 
for the design, construction, improvement, support and operation of storage, packing and 
marketing facilities; for programs and activities that improve the economic viability of 
the potato industry; and to pay the administrative costs of processing loan applications 
and servicing and administering the fund and loans and grants made therein, to the extent 
that the costs exceed the fee for administrative costs established by Title 7, section 974-A, 
subsection 2.  At the discretion of the commissioner, the authority shall make payments 
directly to the board, which shall use those payments to implement the requirements of 
this section.  During any period that the commissioner has authorized direct payments 
from the authority to the board, the authority shall make written annual reports to the 
commissioner detailing the amounts of payments to the board and the dates payments 
were made and the board shall make written annual reports to the commissioner and the 
joint standing committee of the Legislature having jurisdiction over agriculture, 
conservation and forestry matters detailing the expenditure of those payments and staff 
activities.  Repayment of these the loans and interest on the loans must be credited to the 
fund to be available for making additional state loans for the same purposes, except that 
any interest earned on the cash balance of the fund may be used for the grants authorized 
by Title 7, section 975-A.  In order to provide additional amounts for loans, the 
Commissioner of Agriculture, Conservation and Forestry commissioner, at the 
commissioner's discretion upon consultation with the board, may take such actions and 
enter into such agreements as may be necessary to sell or assign up to $2,000,000 in the 
aggregate principal amount of loans and undivided interests in a pool of loans and assign 
or pledge any mortgage or other security to the authority, under the terms and conditions 
the commissioner considers advisable upon consultation with the board.  The assignment 
and related transactions may not result in indebtedness of the State.  The proceeds of the 
sale or assignment must be credited to the fund and used for the purposes authorized in 
this section. 
Sec. 16.  PL 2011, c. 657, Pt. V, §2 is amended to read: 
Sec. V-2.  Legislative intent. It is the intent of the Legislature that a bill submitted 
pursuant to Part W, section 4 that consolidates the Maine Revised Statutes, Title 7 and 
portions of Title 12 into Title 7-A be enacted into law by the 126th Legislature to create a 
unified statutory framework for the laws administered by the Department of Agriculture, 
Conservation and Forestry that incorporates the Maine Revised Statutes, Title 7-A and 
relevant portions of Title 12 into Title 7.  If a bill submitted pursuant to Part W, section 4 
has not been enacted into law by December 3, 2014, Title 7-A is repealed on that date.  It 
is not the intent of the Legislature to require a complete recodification of Title 7. 
Sec. 17.  PL 2011, c. 657, Pt. V, §3 is repealed. 
Sec. 18.  PL 2011, c. 657, Pt. W, §4 is repealed. 
Sec. 19.  Transfer of functions and duties.  The former Division of Agricultural 
Resource Development within the Department of Agriculture, Conservation and Forestry 
is relocated within the office of the Deputy Commissioner of Agriculture.  The Deputy 
Commissioner of Agriculture shall assume responsibility for the functions and duties 
performed by the former Division of Agricultural Resource Development. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill: 
1.  Establishes the Potato Marketing Improvement Fund Committee to advise the 
Maine Potato Board on the development of programs and activities that improve the 
economic viability of the potato industry and, together with the board and subject to 
approval of the commissioner, to administer the Potato Marketing Improvement Fund; 
2.  Transfers responsibility for maintaining the Aroostook County office from the 
Department of Agriculture, Conservation and Forestry to the Maine Potato Board; 
3. Expands the mission statement of the Department of Agriculture, Conservation and 
Forestry to more accurately reflect the mission of the department; 
4. Amends the principles that guide the department in the performance of its duties; 
5. Refines the scope of the 2 deputy commissioners' oversight and specifies the 
qualifications of the Commissioner of Agriculture, Conservation and Forestry; 
6. Authorizes the Finance Authority of Maine to make payments from the Potato 
Marketing Improvement Fund directly to the Maine Potato Board; and 
7. Clarifies the intent of the Legislature regarding the incorporation of statutory 
language and removes contingent repeal language.