Resolve, To Create the Study Group To Research Balancing Development and Conservation in Maine's Coastal Waters and Submerged Lands
Maine Legislature, Session 130, LD 1211
Committee: Agriculture, Conservation and Forestry
Sponsors: WILLIAMS, CARNEY, FAULKINGHAM, PEBWORTH, PLUECKER, WARREN, CHIPMAN, MIRAMANT

Legislative Document
No. 1211
H.P. 886
House of Representatives, March 24, 2021
Resolve, To Create the Study Group To Research Balancing 
Development and Conservation in Maine's Coastal Waters and 
Submerged Lands
(EMERGENCY)
Received by the Clerk of the House on March 22, 2021.  Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative WILLIAMS of Bar Harbor.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: FAULKINGHAM of Winter Harbor, PEBWORTH of Blue Hill, PLUECKER 
of Warren, WARREN of Scarborough, Senators: CHIPMAN of Cumberland, MIRAMANT of 
Knox.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation establishes the Study Group To Research Balancing 
Development and Conservation in Maine's Coastal Waters and Submerged Lands to 
address current deficiencies in regulation; and
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; 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
Sec. 1.  Study group established.  Resolved:  That the Study Group To Research 
Balancing Development and Conservation in Maine's Coastal Waters and Submerged 
Lands, referred to in this resolve as "the study group," is established.
Sec. 2.  Study group membership.  Resolved:  That, notwithstanding Joint Rule 
353, the study group consists of 25 members appointed as follows:
1.  Two members of the Senate who represent coastal legislative districts, appointed by 
the President of the Senate;
2.  Three members of the House of Representatives who represent coastal legislative 
districts, appointed by the Speaker of the House;
3.  Three members representing marine harvesters, including harvesters of lobster and 
other shellfish, finfish, rockweed and seaweed, appointed by the President of the Senate;
4.  Five members who are representatives of bay municipalities, one from a 
municipality located on each of Casco Bay, Penobscot Bay, Blue Hill Bay, Frenchman Bay 
and Cobscook Bay, appointed by the President of the Senate;
5.  One member who is a representative of the Maine coastal program of the 
Department of Marine Resources, appointed by the President of the Senate;
6.  Three members who are representatives of marine industries, including shipbuilders, 
tour boat operators and marinas, appointed by the Speaker of the House;
7.  Five members who are representatives of Maine coastal waters conservation 
organizations, including an organization promoting the conservation of Frenchman Bay, 
appointed by the Speaker of the House;
8.  Two members who are representatives of coastal-related research organizations, 
appointed by the Speaker of the House; and
9.  One member who is a representative of Acadia National Park, appointed by the 
Speaker of the House.
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member is the House chair of the study 
group.
Sec. 4.  Appointments; convening of study group.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the study group.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority for 
the study group to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That the study group shall:
1.  Review existing shoreland zone and coastal waters legislation in the laws of other 
states, including California and Rhode Island, with a focus on roles and responsibilities of 
various state units and delegation of central versus regional authority;
2.  Review current state law, including laws governing coastal and lake watershed 
districts, river corridor commissions, mandatory shoreland zoning and the Maine Coastal 
Program of the Department of Marine Resources;
3.  Research and review case histories of failures of the current coastal waters and 
submerged land management system;
4.  Review various models for local representation, participation and empowerment in 
regional planning and watchdog authority in coordination with already established state 
entities;
5.  Suggest and recommend solutions to current coastal waters and submerged land 
management deficiencies;
6.  Consider amending current laws versus enacting new laws;
7.  Consider mandating the creation of regional units functioning in individual bay 
areas that are composed of municipally elected representatives of the surrounding 
communities and expert advisor consultants.  A regional unit created pursuant to this 
section must have regional planning and watchdog authority with designated powers of 
enforcement, must be tasked with regional comprehensive planning for the coastal waters 
and submerged lands based on a mandated state model and must provide a forum and 
process for conflict resolution; and
8.  Propose suggested legislation.
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the study group, except that the Legislative Council staff 
support is not authorized when the Legislature is in regular or special session.
Sec. 7.  Report.  Resolved:  That, no later than December 1, 2021, the study group 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Second Regular Session of the 130th Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve establishes the Study Group To Research Balancing Development and 
Conservation in Maine's Coastal Waters and Submerged Lands to address current system 
deficiencies in the regulation of the State's coastal waters and submerged lands.