An Act to Authorize a General Fund Bond Issue to Upgrade Municipal Culverts at Stream Crossings
Maine Legislature, Session 131, LD 0212
Committee: Appropriations and Financial Affairs
Sponsors: FAY, GROHOSKI

Legislative Document
No. 212
H.P. 133
House of Representatives, January 20, 2023
An Act to Authorize a General Fund Bond Issue to Upgrade 
Municipal Culverts at Stream Crossings
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative FAY of Raymond.
Cosponsored by Senator GROHOSKI of Hancock.
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 $50,000,000 for the purposes described in section 5 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 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 under the direction and supervision of the agencies and entities 
set forth in this section.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Provides funds for a competitive grant program that matches local funding for the 
upgrade of municipal culverts at stream crossings in order to improve fish and wildlife 
habitats and increase community safety.  Eligible project sponsors include local 
governments, municipal conservation commissions, soil and water conservation districts 
and private nonprofit organizations.  A proposal for funding from an eligible project 
sponsor must include a map and summary of the proposed project, describing: 
1.  Contribution to competitive grant program goals.  The extent to which the 
proposed project allows communities to more effectively prepare for storm and flood 
events and advances the goals of restoring habitat for fish, including sea run fish and native 
brook trout, and wildlife, including:
A.  The priority status of the culvert to be upgraded or replaced for native brook trout 
and sea run fish restoration, based on available stream survey data, statewide 
prioritization for aquatic connectivity and presence in priority watersheds of salmon, 
alewives and other diadromous fishes;
B.  The extent to which the proposed project meets the Department of Environmental 
Protection's design standard of at least 1.2 times the stream's bankfull width, with a 
natural stream bottom or embedded structure, and meets or exceeds the Department of 
Transportation's 50-year flood standard;
C.  The degree of urgency of the proposed project, including whether a culvert is at 
high risk of failure due to age or location within a watershed or reach with high flood 
risk or severe flood history; and
D.  The expected contribution to reducing the frequency or severity of flooding to 
upstream and downstream communities and improving storm water management 
within the proposed project area.
The description must include confirmation that the culvert proposed for upgrade or 
replacement is on a municipal road, not a state road or private road; and
2.  Cost-effectiveness.  The extent to which the proposed project represents an efficient 
and cost-effective investment, including the proportion of total project funding that will be 
provided from other sources and the potential avoided costs associated with the proposed 
project.  Funds may not be used to cover all of the costs associated with a proposed project.
Total 
$50,000,000
Sec. 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 Act.
Sec. 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. 8.  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. 9.  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 $50,000,000 bond issue to match local funding for the 
upgrade of municipal culverts at stream crossings in order to enhance and 
restore rivers, streams and fish and wildlife habitats and to allow 
communities to better prepare for extreme storms and floods?"
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 $50,000,000, will be used for 
a competitive grant program that matches local funding for the upgrade of municipal 
culverts at stream crossings in order to enhance and restore rivers, streams and fish and 
wildlife habitats and to allow communities to better prepare for extreme storms and floods.