An Act To Authorize a General Fund Bond Issue To Promote Land Conservation, Working Waterfronts, Water Access and Outdoor Recreation
Maine Legislature, Session 129, LD 0911
Committee: Appropriations and Financial Affairs
Sponsors: BREEN, COREY, BLACK, CARPENTER, CARSON, CHENETTE, CHIPMAN, CLAXTON, CYRWAY, DESCHAMBAULT, DIAMOND, DILL, FARRIN, FOLEY, GRATWICK, HERBIG, JACKSON, LAWRENCE, LUCHINI, MILLETT, MIRAMANT, POULIOT, VITELLI, WOODSOME, ALLEY, AUSTIN, BABBIDGE, BABINE, BAILEY, BEEBE-CENTER, BLIER, BLUME, BRENNAN, BROOKS, BRYANT, CAIAZZO, CARDONE, CARNEY, COLLINGS, COOPER, CRAVEN, DAUGHTRY, DENK, DODGE, DOORE, DOUDERA, DUNPHY, EVANGELOS, FARNSWORTH, FAY, FECTEAU, GATTINE, GRAMLICH, GROHOSKI, HANDY, HARNETT, HARRINGTON, HEPLER, HICKMAN, HIGGINS, HOBBS, INGWERSEN, JORGENSEN, KESCHL, KINNEY, LANDRY, LYFORD, MARTIN, MASTRACCIO, MATLACK, MAXMIN, MEYER, MOONEN, MORALES, MORRIS, O'NEIL, PEBWORTH, PEOPLES, PERRY, PIERCE, PLUECKER, RECKITT, ROBERTS-LOVELL, RYKERSON, SCHNECK, SKOLFIELD

Legislative Document
No. 911
S.P. 265
In Senate, February 19, 2019
An Act To Authorize a General Fund Bond Issue To Promote Land 
Conservation, Working Waterfronts, Water Access and Outdoor 
Recreation
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BREEN of Cumberland.
Cosponsored by Representative COREY of Windham and
Senators: BLACK of Franklin, CARPENTER of Aroostook, CARSON of Cumberland, CHENETTE of York, 
CHIPMAN of Cumberland, CLAXTON of Androscoggin, CYRWAY of Kennebec, DESCHAMBAULT of York, 
DIAMOND of Cumberland, DILL of Penobscot, FARRIN of Somerset, FOLEY of York, GRATWICK of Penobscot, 
HERBIG of Waldo, President JACKSON of Aroostook, LAWRENCE of York, LUCHINI of Hancock, MILLETT of 
Cumberland, MIRAMANT of Knox, POULIOT of Kennebec, SANBORN, H. of Cumberland, SANBORN, L. of 
Cumberland, VITELLI of Sagadahoc, WOODSOME of York, Representatives: ALLEY of Beals, AUSTIN of 
Skowhegan, AUSTIN of Gray, BABBIDGE of Kennebunk, BABINE of Scarborough, BAILEY of Saco, BEEBE-
CENTER of Rockland, BLIER of Buxton, BLUME of York, BRENNAN of Portland, BROOKS of Lewiston, 
BRYANT of Windham, CAIAZZO of Scarborough, CARDONE of Bangor, CARNEY of Cape Elizabeth, COLLINGS 
of Portland, COOPER of Yarmouth, CRAVEN of Lewiston, DAUGHTRY of Brunswick, DENK of Kennebunk, 
DODGE of Belfast, DOORE of Augusta, DOUDERA of Camden, DUNPHY of Old Town, EVANGELOS of 
Friendship, FARNSWORTH of Portland, FAY of Raymond, FECTEAU of Biddeford, FOLEY of Biddeford, 
GATTINE of Westbrook, GRAMLICH of Old Orchard Beach, GROHOSKI of Ellsworth, HANDY of Lewiston, 
HARNETT of Gardiner, HARRINGTON of Sanford, HEPLER of Woolwich, HICKMAN of Winthrop, HIGGINS of 
Dover-Foxcroft, HOBBS of Wells, INGWERSEN of Arundel, JORGENSEN of Portland, KESCHL of Belgrade, 
KINNEY of Knox, LANDRY of Farmington, LYFORD of Eddington, MARTIN of Eagle Lake, MARTIN of Sinclair, 
MARTIN of Greene, MASTRACCIO of Sanford, MATLACK of St. George, MAXMIN of Nobleboro, McCREA of 
Fort Fairfield, McCREIGHT of Harpswell, McDONALD of Stonington, MEYER of Eliot, MOONEN of Portland, 
MORALES of South Portland, MORRIS of Turner, O'NEIL of Saco, PEBWORTH of Blue Hill, PEOPLES of 
Westbrook, PERRY of Calais, PIERCE of Falmouth, PLUECKER of Warren, RECKITT of South Portland, 
ROBERTS-LOVELL of South Berwick, RYKERSON of Kittery, SCHNECK of Bangor, SKOLFIELD of Weld, 
STANLEY of Medway, STEARNS of Guilford, STOVER of Boothbay, TALBOT ROSS of Portland, TEPLER of 
Topsham, TERRY of Gorham, TUCKER of Brunswick, TUELL of East Machias, WARREN of Hallowell, ZEIGLER 
of Montville.
Preamble.  Two thirds of both Houses of the Legislature deeming it necessary in 
accordance with the Constitution of Maine, Article IX, Section 14 to authorize the 
issuance of bonds on behalf of the State of Maine to provide funds as described in this 
Act,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  Authorization of bonds.  The Treasurer of State is authorized, under the 
direction of the Governor, to issue bonds in the name and on behalf of the State in an 
amount not exceeding $95,000,000 for the purposes described in section 6 of this Act.  
The bonds are a pledge of the full faith and credit of the State.  The bonds may not run for 
a period longer than 10 years from the date of the original issue of the bonds.
Sec. 2.  Records of bonds issued; Treasurer of State. The Treasurer of State 
shall ensure that an account of each bond is kept showing the number of the bond, the 
name of the successful bidder to whom sold, the amount received for the bond, the date of 
sale and the date when payable.
Sec. 3.  Sale; how negotiated; proceeds appropriated.  The Treasurer of State 
may negotiate the sale of the bonds by direction of the Governor, but no bond may be 
loaned, pledged or hypothecated on behalf of the State.  The proceeds of the sale of the 
bonds, which must be held by the Treasurer of State and paid by the Treasurer of State 
upon warrants drawn by the State Controller, are appropriated solely for the purposes set 
forth in this Act.  Any unencumbered balances remaining at the completion of the project 
in this Act lapse to the Office of the Treasurer of State to be used for the retirement of 
general obligation bonds.
Sec. 4.  Interest and debt retirement.  The Treasurer of State shall pay interest 
due or accruing on any bonds issued under this Act and all sums coming due for payment 
of bonds at maturity.
Sec. 5.  Disbursement of bond proceeds.    The proceeds of the bonds must be 
expended as set out in this Act under the direction and supervision of the Department of 
Agriculture, Conservation and Forestry.
1. The proceeds of the bonds for the Land for Maine's Future Board as set out in 
section 6 must be expended by the Department of Agriculture, Conservation and Forestry 
for acquisition of land and interest in land for conservation, water access, outdoor 
recreation, wildlife or fish habitat, farmland preservation in accordance with the 
provisions for such acquisitions under the Maine Revised Statutes, Title 5, chapter 353 
and working waterfront preservation in accordance with the terms of Public Law 2005, 
chapter 462, Part B, section 6, including all costs associated with such acquisitions, 
except that use of the proceeds of these bonds is subject to the following conditions and 
requirements.
A. Hunting, fishing, trapping and public access may not be prohibited on land 
acquired with bond proceeds, except to the extent of applicable state, local or federal 
laws, rules and regulations and except for working waterfront projects and farmland 
protection projects.
B. Payment from bond proceeds for acquisitions of local or regional significance, as 
determined by the Land for Maine's Future Board, may be made directly to 
cooperating entities as defined in Title 5, section 6201, subsection 2 for acquisition of 
land and interest in land by cooperating entities, subject to terms and conditions 
enforceable by the State to ensure its use for the purposes of this Act. In addition to 
the considerations required under Title 5, chapter 353, the board shall give a 
preference to acquisitions under this paragraph that achieve benefits for multiple 
towns and that address regional conservation needs including public recreational 
access, wildlife, open space and farmland.
C. The bond funds expended for conservation, recreation, working waterfronts, 
farmland and water access must be matched with at least $75,000,000 in public and 
private contributions. Seventy percent of that amount must be in the form of cash or 
other tangible assets, including the value of land and real property interest acquired 
by or contributed to cooperating entities, as defined in Title 5, section 6201, 
subsection 2, when property interests have a direct relationship to the property 
proposed for protection, as determined by the Land for Maine's Future Board. The 
remaining 30% may be matching contributions and may include the value of project-
related, in-kind contributions of goods and services to and by cooperating entities.
D. Because portions of the State have deer populations that are struggling and deer 
wintering habitat protection is vital to the survival and enhancement of these 
populations, projects that conserve and protect deer wintering areas are considered to 
have special value and must receive preferential consideration during scoring of new 
applications for support under Title 5, chapter 353.
E. To the extent the purposes are consistent with the disbursement provisions in this 
Act, 100% of the bond proceeds may be considered as state match for any federal 
funding to be made available to the State.
2. The Department of Agriculture, Conservation and Forestry and the Department of 
Inland Fisheries and Wildlife shall take a proactive approach to pursuing land 
conservation projects that include conservation of priority deer wintering areas. Priority 
deer wintering areas are of at least 500 acres or contiguous with existing conservation 
land so that the combined acreage constitutes at least 500 acres, have been historically 
used by deer at some point since 1950 and are capable of providing shelter for deer on the 
effective date of this Act or within 20 years. The Department of Inland Fisheries and 
Wildlife shall include in conservation negotiations under this section provisions for the 
appropriate management of priority deer wintering areas. Land and interest in land 
purchased by the State that contains priority deer wintering areas must be managed using 
protocol provided by the Department of Inland Fisheries and Wildlife.
3. Of the bond proceeds allocated to the Land for Maine's Future Board, at least 5% 
must be made available to acquire public access to water in accordance with Title 5, 
section 6203-A.
4. Of the bond proceeds allocated to the Land for Maine's Future Board, at least 10% 
must be made available to protect farmland in accordance with Title 5, section 6207.
5. Of the bond proceeds allocated to the Land for Maine's Future Board, at least 10% 
must be made available to protect working waterfront properties in accordance with 
Public Law 2005, chapter 462, Part B, section 6.
Sec. 6.  Disbursement of bond proceeds from General Fund bond issue.  
The proceeds of the sale of the bonds authorized under this Act must be expended as 
designated in the following schedule.
Provides funds in order to leverage $75,000,000 in matching contributions from 
public and private sources to be used for the acquisition of land and interest in land 
for conservation; water access; wildlife or fish habitat including deer wintering areas; 
outdoor recreation, including hunting and fishing; and working farmland preservation 
and working waterfront preservation.  No more than $15,000,000 may be issued in 
the first year by the Land for Maine's Future Board and no more than $15,000,000 
may be issued by the Land for Maine's Future Board in each of the 4 subsequent 
years, except that any unused balance may be added to the specified amount in 
subsequent years.
Provides funds to make necessary capital improvements in the State's parks and 
historic sites.  No more than $4,000,000 may be issued in the first year by the Bureau 
of Parks and Lands and no more than $4,000,000 may be issued by the Bureau of 
Parks and Lands in each of the 4 subsequent years, except that any unused balance 
may be added to the specified amount in subsequent years.
Sec. 7.  Contingent upon ratification of bond issue.  Sections 1 to 6 do not 
become effective unless the people of the State ratify the issuance of the bonds as set 
forth in this Act.
Sec. 8.  Appropriation balances at year-end.  At the end of each fiscal year, all 
unencumbered appropriation balances representing state money carry forward.  Bond 
proceeds that have not been expended within 10 years after the date of the sale of the 
AGRICULTURE, CONSERVATION 
AND FORESTRY, DEPARTMENT OF
Land for Maine's Future Board
Total
$75,000,000
Bureau of Parks and Lands
Total
$20,000,000
bonds lapse to the Office of the Treasurer of State to be used for the retirement of general 
obligation bonds.
Sec. 9.  Bonds authorized but not issued.  Any bonds authorized but not issued 
within 5 years of ratification of this Act are deauthorized and may not be issued, except 
that the Legislature may, within 2 years after the expiration of that 5-year period, extend 
the period for issuing any remaining unissued bonds for an additional amount of time not 
to exceed 5 years.
Sec. 10.  Referendum for ratification; submission at election; form of 
question; effective date.  This Act must be submitted to the legal voters of the State at 
a statewide election held in the month of November following passage of this Act.  The 
municipal officers of this State shall notify the inhabitants of their respective cities, towns 
and plantations to meet, in the manner prescribed by law for holding a statewide election, 
to vote on the acceptance or rejection of this Act by voting on the following question:
"Do you favor a $95,000,000 bond issue to invest in state parks and 
historic sites, land conservation, water access, wildlife habitat, outdoor 
recreation opportunities, including hunting and fishing, farmlands and 
working waterfronts to be matched by at least $75,000,000 in private and 
public contributions?"
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within a corresponding square 
below the word "Yes" or "No."  The ballots must be received, sorted, counted and 
declared in open ward, town and plantation meetings and returns made to the Secretary of 
State in the same manner as votes for members of the Legislature.  The Governor shall 
review the returns.  If a majority of the legal votes are cast in favor of this Act, the 
Governor shall proclaim the result without delay and this Act becomes effective 30 days 
after the date of the proclamation.
The Secretary of State shall prepare and furnish to each city, town and plantation all 
ballots, returns and copies of this Act necessary to carry out the purposes of this 
referendum.
SUMMARY
The funds provided by this bond issue, in the amount of $95,000,000, will be used to 
provide funds for the Department of Agriculture, Conservation and Forestry, Bureau of 
Parks and Lands and the Land for Maine's Future Board.