An Act To Authorize a General Fund Bond Issue To Promote Land Conservation, Working Waterfronts, Water Access and Outdoor Recreation
Maine Legislature, Session 130, LD 0983
Committee: Appropriations and Financial Affairs
Sponsors: BREEN, COREY, JACKSON, VITELLI, DUNPHY, FECTEAU, PIERCE
Amends: 5 MRSA §6201, 5 MRSA §6203, 5 MRSA §6207

Legislative Document
No. 983
S.P. 313
In Senate, March 9, 2021
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: President JACKSON of Aroostook, VITELLI of Sagadahoc, Representatives: 
DUNPHY of Old Town, Speaker FECTEAU of Biddeford, PIERCE of Falmouth.
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:
PART A
Sec. A-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 $80,000,000 for the purposes described in section 6 of this Part.  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. A-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. A-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 Part.  Any unencumbered balances remaining at the completion of the project 
in this Part lapse to the Office of the Treasurer of State to be used for the retirement of 
general obligation bonds.
Sec. A-4.  Interest and debt retirement.  The Treasurer of State shall pay interest 
due or accruing on any bonds issued under this Part and all sums coming due for payment 
of bonds at maturity.
Sec. A-5.  Disbursement of bond proceeds.   The proceeds of the bonds must be 
expended as set out in this Part 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 
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 and fish habitat, working farmland preservation in accordance with the provisions 
for such acquisitions under the Maine Revised Statutes, Title 5, chapter 353 and working 
waterfront protection 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 working farmland 
preservation projects.
B.  Payment from bond proceeds for acquisitions of land or interest in land for 
community conservation projects as defined in the Maine Revised Statutes, Title 5, 
section 6201, subsection 1-B 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 Part.
C.  The bond funds expended for conservation, recreation, working waterfronts, 
working farmland, community conservation projects and water access must be matched 
with at least $60,000,000 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 of changing climate conditions, projects that address climate change, 
resiliency and mitigation strategies that benefit natural ecosystems, wildlife and 
working waterfronts and farmland to adapt must be given special consideration by the 
Land for Maine's Future Board.
E.  To the extent the purposes are consistent with the disbursement provisions in this 
Part, 100% of the bond proceeds may be considered as state match for any federal 
funding to be made available to the State.
2.  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.  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 and 
not working waterfront preservation projects or working farmland preservation projects.  
In order to be subject to this designation, priority deer wintering areas must be of at least 
acres or contiguous with existing conservation land so that the combined acreage 
constitutes at least 500 acres, must have been historically used by deer at some point since 
1950 and must be capable of providing shelter for deer on the effective date of this Part or 
within 20 years of the effective date of this Part.  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 as set out in 
section 6, at least 5% must be made available to acquire public access to water in 
accordance with Title 5, section 6203-A. Funds under this subsection not spent within a 
10-year period may be allocated at the discretion of the Land for Maine's Future Board.
4.  Of the bond proceeds allocated to the Land for Maine's Future Board as set out in 
section 6, at least 10% must be made available to protect farmland in accordance with Title 
5, section 6207. Funds under this subsection not spent within a 10-year period may be 
allocated at the discretion of the Land for Maine's Future Board.
5.  Of the bond proceeds allocated to the Land for Maine's Future Board as set out in 
section 6, at least 10% must be made available to protect working waterfront properties in 
accordance with Public Law 2005, chapter 462, Part B, section 6. Funds under this 
subsection not spent within a 10-year period may be allocated at the discretion of the Land 
for Maine's Future Board.
Sec. A-6.   Disbursement of bond proceeds from General Fund bond issue.   
The proceeds of the sale of the bonds authorized under this Part must be expended as 
designated in the following schedule.
AGRICULTURE, CONSERVATION AND FORESTRY,
DEPARTMENT OF
Land for Maine's Future Board
Provides funds in order to leverage $60,000,000 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 and fish habitat, including deer wintering areas; 
outdoor recreation, including hunting and fishing; and working farmland preservation 
and working waterfront preservation.  No more than $12,000,000 may be issued in the 
first year by the Land for Maine's Future Board and no more than $12,000,000 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.
Total
$60,000,000
Bureau of Parks and Lands
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.
Total 
$20,000,000
Sec. A-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 Part.
Sec. A-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 bonds 
lapse to the Office of the Treasurer of State to be used for the retirement of general 
obligation bonds.
Sec. A-9.  Bonds authorized but not issued.  Any bonds authorized but not issued 
within 5 years of ratification of this Part 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. A-10.  Referendum for ratification; submission at election; form of 
question; effective date.  This Part 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 Part by voting on the following question:
"Do you favor an $80,000,000 bond issue to invest in state parks and 
historic sites, land conservation, water access, wildlife and fish habitat, 
outdoor recreation opportunities, including hunting and fishing, working 
farmlands and working waterfronts to be matched by at least $60,000,000 
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 Part, the Governor shall 
proclaim the result without delay and this Part 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 Part necessary to carry out the purposes of this 
referendum.
PART B
Sec. B-1.  5 MRSA §6201, sub-§1-B is enacted to read:
1-B.  Community conservation project.  "Community conservation project" means a 
conservation project of local or regional significance that promotes one or more of the 
following: public outdoor recreational access to lands and waters, including for 
underserved populations; public health; connections between conservation lands and 
population centers; local or regional agriculture; conservation of cultural and historical 
resources on undeveloped lands; protection of lakes, rivers or streams; conservation of fish 
or wildlife habitat; protection of public drinking water supplies; conservation of community 
forests; local economic development; opportunities for environmental learning; 
nonmotorized transportation options; or other priorities as determined by the board.
Sec. B-2.  5 MRSA §6201, sub-§2, as enacted by PL 1987, c. 506, §§1 and 4, is 
amended to read:
2.  Cooperating entities.  "Cooperating entities" means those private nonprofit 
organizations, municipal conservation commissions, local governments, federal agencies 
or other bodies designated by the Land for Maine's Future Board, pursuant to section 6203, 
as able to assist the State in the acquisition or management of conservation lands of 
statewide significance or for community conservation projects.
Sec. B-3.  5 MRSA §6203, sub-§3, ¶A, as amended by PL 1999, c. 769, §1, is 
further amended to read:
A.  Acquire property or an interest in property that is determined by the board to be of 
state statewide significance or for a community conservation project under the 
guidelines of this chapter;
Sec. B-4.  5 MRSA §6207, sub-§3, as amended by PL 2011, c. 381, §1, is further 
amended to read:
3.  Priorities.  Whenever possible, the Land for Maine's Future Fund and the Public 
Access to Maine Waters Fund must be used for land acquisition projects when matching 
funds are available from cooperating entities, as long as the proposed acquisition meets all 
other criteria set forth in this chapter.  For acquisitions funded by the Land for Maine's 
Future Fund, the board shall give priority to projects that conserve lands with multiple 
outstanding resource or recreation values or a single exceptional value,; conserve and 
protect deer wintering areas,; help the State's natural ecosystems, wildlife and natural 
resources-based economies adapt to a changing climate; provide geographic representation; 
and build upon or connect existing holdings.
When acquiring land or interest in land, the board shall examine public vehicular access 
rights to the land and, whenever possible and appropriate, acquire guaranteed public 
vehicular access as part of the acquisition.
Sec. B-5.  Contingent effective date. This Part takes effect only if the General 
Fund bond issue proposed in Part A is approved by the voters of this State.
SUMMARY
This bill does the following:
1.  Part A provides a bond issue, in the amount of $80,000,000, that 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; and
2.  Part B allows proceeds of the Land for Maine's Future Fund to be spent on property 
that is determined by the Land for Maine's Future Board to be for a community 
conservation project.  It defines "community conservation project" and amends the 
definition of "cooperating entities." It also sets helping the State's natural ecosystems, 
wildlife and natural resources-based economies adapt to a changing climate as a priority of 
the board in making land acquisitions.