An Act To Authorize General Fund Bond Issues To Improve Transportation and National Guard Infrastructure and To Promote the Conservation of Land, Working Waterfronts, Water Access and Outdoor Recreation
Maine Legislature, Session 130, LD 1702
Committee: Appropriations and Financial Affairs
Sponsors: PIERCE
Amends: 5 MRSA §6201, 5 MRSA §6203, 5 MRSA §6207

Legislative Document
No. 1702
H.P. 1265
House of Representatives, May 13, 2021
An Act To Authorize General Fund Bond Issues To Improve 
Transportation and National Guard Infrastructure and To Promote 
the Conservation of Land, Working Waterfronts, Water Access and 
Outdoor Recreation
Received by the Clerk of the House on May 11, 2021.  Referred to the Committee on 
Appropriations and Financial Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative PIERCE of Falmouth.  (GOVERNOR'S BILL)
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 $100,000,000 for the purposes described in section 5 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 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 under the direction and supervision of the agencies 
and entities set forth in this section.
DEPARTMENT OF TRANSPORTATION 
Provides funds to construct, reconstruct, rehabilitate and preserve state Priority 1, 
Priority 2 and Priority 3 corridor highways statewide, to replace and rehabilitate 
bridges statewide and to fund the municipal partnership initiative and for associated 
activities.
Total 
$85,000,000 
Provides funds for multimodal facilities or equipment related to transit, freight and 
passenger railroads, aviation, ports, harbors, marine transportation and active 
transportation projects and associated activities.
Total 
$15,000,000 
Sec. A-6.  Contingent upon ratification of bond issue.  Sections 1 to 5 do not 
become effective unless the people of the State ratify the issuance of the bonds as set forth 
in this Part.
Sec. A-7.  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-8.  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-9.  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 a $100,000,000 bond issue to build or improve roads, 
bridges, railroads, airports, transit facilities and ports and make other 
transportation investments, to be used to leverage an estimated 
$259,000,000 in federal and other funds?"
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.  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 $40,000,000 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. B-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. B-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. B-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. B-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 applicable state, local or federal laws, rules 
and regulations apply and except for working waterfront projects and working 
farmland preservation projects.
B.  Payment from bond proceeds for acquisitions for community conservation projects 
as defined in 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.  In addition to the considerations 
required under Title 5, chapter 353, the Land for Maine's Future 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, 
working farmland, community conservation projects and water access must be matched 
with at least $40,000,000 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.  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.  The Department of Inland Fisheries and Wildlife shall take a proactive approach to 
pursuing land conservation projects that include conservation of deer wintering areas 
determined to be important under the Maine Revised Statutes, Title 5, section 6207, 
subsection 2, paragraph E.
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 the Maine Revised Statutes, Title 5, section 6203-A.
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 the 
Maine Revised Statutes, Title 5, section 6207.
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.
Sec. B-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.
DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
Land for Maine's Future Board
Provides funds in order to leverage $40,000,000 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 $10,000,000 may be issued in the 
first year by the Land for Maine's Future Board and no more than $10,000,000 may be 
issued by the Land for Maine's Future Board in each of the 3 subsequent years, except 
that any unused balance may be added to the specified amount in subsequent years.
Total 
$40,000,000 
Sec. B-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. B-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. B-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. B-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 a $40,000,000 bond issue to invest in 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 $40,000,000 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 C
Sec. C-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. C-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. C-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. C-4.  5 MRSA §6203, sub-§3, ¶C, as amended by PL 2021, c. 33, §1, is further 
amended to read:
C.  When interest in farmland is acquired with proceeds from the Land for Maine's 
Future Fund, fund the development of a business plan and capital improvements to 
provide for the land's continuing use as a working farm, as long as these improvements 
do not exceed 5% of the appraised value of the acquired property.  Capital 
improvements under this paragraph may also be made on adjoining farmland in the 
same ownership or under the same management; and
Sec. C-5.  5 MRSA §6203, sub-§3, ¶D, as enacted by PL 2021, c. 33, §1, is 
amended to read:
D.  When land or interest in land is acquired with proceeds from the Land for Maine's 
Future Fund, fund minor capital investments in the stewardship and management of 
that land.  Stewardship and management investments under this paragraph must be held 
in a dedicated stewardship endowment and identified for use on the funded property.  
Stewardship and management investments may not exceed 5% of the appraised value 
of the acquired property.; and
Sec. C-6.  5 MRSA §6203, sub-§3, ¶E is enacted to read:
E.  When an interest in a deer wintering area determined to be important under section 
6207, subsection 2, paragraph E is acquired with proceeds from the Land for Maine's 
Future Fund, fund the development of a management plan to provide for the land's 
continuing function as a deer wintering area, as long as the cost of this plan does not 
exceed 5% of the appraised value of the acquired property.  Development of a 
management plan under this paragraph may also be made on adjoining deer wintering 
areas in the same ownership or under the same management.
Sec. C-7.  5 MRSA §6207, sub-§2, ¶E is enacted to read:
E.  Provides wintering habitat for deer in areas determined by the Department of Inland 
Fisheries and Wildlife to be important for conserving deer in northern, eastern and 
western areas of the State.
Sec. C-8.  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. C-9.  5 MRSA §6207, sub-§3-A is enacted to read:
3-A.  Deer wintering areas.  The board shall give preferential consideration to projects 
that conserve lands that have been determined by the Department of Inland Fisheries and 
Wildlife to be important for conserving deer in northern, eastern and western areas of the 
State.  If acquired with proceeds from the Land for Maine's Future Fund, these lands must 
be owned by the Department of Inland Fisheries and Wildlife and managed as wildlife 
management areas, with deer conservation as the highest management priority.
Sec. C-10.  Contingent effective date.  This Part takes effect only if the General 
Fund bond issue proposed in Part B is approved by the voters of this State.
PART D
Sec. D-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 $6,800,000 for the purposes described in section 5 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. D-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. D-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. D-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. D-5.  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 under the direction and supervision of the agencies 
and entities set forth in this section.
DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY 
MANAGEMENT
Provides funds for the State's share of maintenance, repair, capital improvement, 
modernization and energy efficiency projects for Maine National Guard readiness 
centers and support facilities.
Total 
$6,800,000 
Sec. D-6.  Contingent upon ratification of bond issue.  Sections 1 to 5 do not 
become effective unless the people of the State ratify the issuance of the bonds as set forth 
in this Part.
Sec. D-7.  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. D-8.  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. D-9.  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 a $6,800,000 bond issue to provide funds for the State's 
share of maintenance, repair, capital improvement, modernization and 
energy efficiency projects for Maine National Guard readiness centers and 
support facilities, to be used to match an estimated $7,600,000 in federal 
funds?"
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.
SUMMARY
This bill does the following.
Part A provides a bond issue, in the amount of $100,000,000, for the Department of 
Transportation to support its ongoing capital programs to preserve, improve and construct 
roads, bridges, railroads, airports, transit and ports.
Part B provides a bond issue, in the amount of $40,000,000, that will be used to provide 
funds for the Department of Agriculture, Conservation and Forestry, Land for Maine's 
Future Board.
Part C 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 provides that helping the State's natural 
ecosystems, wildlife and natural resources-based economies adapt to a changing climate is 
a priority of the board in making land acquisitions.
Part D provides a bond issue, in the amount of $6,800,000, that will be used to provide 
funds for the State's share of maintenance, repair, capital improvement, modernization and 
energy efficiency projects for Maine National Guard readiness centers and support 
facilities, to be used to match an estimated $7,600,000 in federal funds.