An Act to Create the Lincoln Mill Facilities District (AFTER DEADLINE)
Maine Legislature, Session 131, LD 2270
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: TIPPING, GIFFORD, GROHOSKI, JACKSON, NANGLE, STEWART, BABIN, FAULKINGHAM, FOSTER, JAVNER

Legislative Document
No. 2270
S.P. 986
In Senate, March 14, 2024
An Act to Create the Lincoln Mill Facilities District
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIPPING of Penobscot.
Cosponsored by Representative GIFFORD of Lincoln and
Senators: GROHOSKI of Hancock, President JACKSON of Aroostook, NANGLE of 
Cumberland, STEWART of Aroostook, Representatives: BABIN of Fort Fairfield, 
FAULKINGHAM of Winter Harbor, FOSTER of Dexter, JAVNER of Chester.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, since 2017, the Town of Lincoln has been working to acquire, remediate 
and redevelop the former mill site known as the Lincoln Pulp and Paper Mill and the 
Lincoln Paper and Tissue mill site; and
Whereas, the Town of Lincoln intends to advance economic development activities 
to redevelop the mill site and encourage responsible development of the surrounding area, 
including, but not limited to, industrial and related investments, improvements and 
businesses; and
Whereas, the Town of Lincoln has identified key infrastructure facilities and 
infrastructure and related services needed to support these economic development 
activities, including, but not limited to, wastewater treatment and other infrastructure 
facilities and infrastructure and related services for industrial users; and
Whereas, the establishment through a private and special law of the Lincoln Mill 
Facilities District for the provision of infrastructure facilities and infrastructure and related 
services is necessary to support the Town of Lincoln's efforts to secure federal funds to 
transform the Town of Lincoln's economy, including the development and financing of the 
infrastructure facilities and infrastructure and related services; and
Whereas, the Town of Lincoln is presently engaged in securing financing for the 
acquisition, remediation and redevelopment of the mill site, which requires the creation of 
a district by state legislation, for infrastructure facilities and infrastructure and related 
services; and
Whereas, it is vital that construction of these infrastructure facilities and 
infrastructure and related services be developed and financed as soon as possible in order 
to maximize the benefits and economic potential for the Town of Lincoln; 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 enacted by the People of the State of Maine as follows:
Sec. 1.  Territorial limits; name; purposes.  The Lincoln Mill Facilities District 
is established for the purpose of providing infrastructure facilities and infrastructure and 
related services to the following territory, including the so-called Lincoln Paper and Tissue 
mill site: all the property bounded on the southwesterly side by Park Avenue running 
northwesterly to the Town of Lincoln's transfer station and to the property of the Lincoln 
Regional Airport and then along and around the airport property boundary to the Penobscot 
River, encompassing the airport property; on the northwesterly side by the Penobscot 
River; on the northeasterly side by and along the northeasterly Lincoln Paper and Tissue 
mill site and Town of Lincoln property boundary that runs parallel to Haynes Street and an 
extension thereof to the Penobscot River; on the easterly side by the railroad track that runs 
parallel to Main Street; and on the southeasterly side by United States Route 2. 
Except as otherwise specified in this Act, infrastructure facilities and infrastructure and 
related services include, but are not limited to, the following: wastewater treatment, 
including sewer and sanitary services, but not for domestic use; private water service not 
for municipal or domestic use; electrical generation and cogeneration, storage and 
connection services; broadband, data and telecommunications services; natural gas and 
methane gas and related gas services, collection or connection; thermal energy for general 
heating and cooling and industrial use purposes; and conduct related to services providing 
for any activity incidental to accomplishing the purposes of this Act.
The district may provide services to other properties or persons upon petition by the 
property owner or person to the district to the extent that the infrastructure facilities and 
infrastructure and related services to be provided by the district to such other properties or 
persons do not materially conflict with the services and the service territories of the Lincoln 
Water District, the Lincoln Sanitary District, Bangor Natural Gas and Versant Power.
Sec. 2.  Definitions.  As used in this Act, unless the context otherwise indicates, the 
following terms have the following meanings. 
1.  Bond. "Bond" means a bond or note or other evidence of indebtedness authorized 
under this Act, whether issued under or pursuant to a bond resolution, trust indenture, loan 
or other security agreement, including revenue bond financing. 
2.  District. "District" means the Lincoln Mill Facilities District as established in this 
Act.
3.  Operating revenues. "Operating revenues" means funds available to the district 
from fees, fares, royalties, sales, rental or sale of property and miscellaneous revenue and 
interest not otherwise pledged or dedicated. 
4.  Real or personal property. "Real or personal property" means those properties and 
assets existing within or properties served by the district. 
5.  Reconstruction. "Reconstruction" means any activities undertaken to maintain or 
improve the facilities of the district, or any part of those facilities, as a modern, safe and 
efficient facility and includes, but is not limited to, any rebuilding, redesign, improvement 
or enlargement of the real properties or environmental mitigation activities within the 
district.
Sec. 3.  Powers.  The district may:
1.  Sue and be sued.  Sue and be sued;
2.  Bylaws or rules.  Adopt bylaws or rules consistent with this Act for the governance 
of its affairs and the operation of its facilities and as necessary to carry out the provisions 
of this Act;
3.  General powers.  Exercise all of the general powers of corporations under the 
Maine Revised Statutes, Title 13-C, section 302;
4.  Public safety.  Provide for the public safety by imposing appropriate rules, 
regulating appropriate use of the facilities and enforcing laws and rules as they apply to the 
use of the facilities operated by the district;
5.  Fees, charges, rents and sales.  Charge and collect fees, charges and rents for 
services, sell any products or by-products derived from or related to the provision of 
infrastructure facilities or services and use the proceeds of those fees, charges, rents and 
sales for the purposes provided in this Act, both subject to and in accordance with any 
agreement with bondholders that may be made as provided in this Act;
6.  Licenses and permits.  Apply for licenses and permits required to provide services 
authorized by this Act; 
7.  Land and facilities.  Own land, and own, construct, manage and maintain 
associated facilities, necessary for the provision of infrastructure facilities and 
infrastructure and related services. The district may transfer properties and issue easements 
required for those facilities and may own properties and facilities jointly or in common 
with other public and private entities; 
8.  Government contracts.  Contract with the Federal Government or its 
instrumentalities or agencies, the State or its agencies, instrumentalities or municipalities, 
public bodies, private corporations, partnerships, associations and individuals in 
furtherance of and to carry out the purposes of this Act; 
9.  Financial assistance.  Borrow money and apply for and accept advances, loans, 
grants, contributions and other forms of financial assistance from the Federal Government, 
the State, municipalities, quasi-municipal entities or other public bodies or from other 
sources, public or private, for the purposes of this Act, give any security that is required 
and enter into and carry out contracts in connection with that financial assistance;
10.  Bonds.  Enter into loan or security agreements with lending institutions for the 
issuance of bonds and exercise with respect to those loan or security agreements the powers 
under this Act for the issuance of bonds;
11.  Operating revenues; facilities.  Provide from operating revenues for the 
ownership, maintenance, construction or reconstruction or operation of facilities to ensure 
the public safety for which the district has not otherwise provided; and
12.  Other actions.  Take other lawful actions necessary and incidental to these powers.
Sec. 4.  Trustees, appointment; tenure of office; vacancies; first meeting 
and organization of board; transition provisions; annual report.  The affairs of 
the district are managed by a board of trustees composed of 5 trustees who are chosen as 
provided in this section.
The trustees of the first board of trustees are appointed to initial terms, and thereafter 
trustees are appointed, by the town council of the Town of Lincoln, with one council 
member serving as a direct representative of the Town of Lincoln and with the remaining 
trustees being business representatives, including, but not limited to, representatives of 
the following business sectors: construction, including infrastructure facility construction; 
finance; personnel management; and engineering.  Trustees need not be residents of the 
Town of Lincoln except for the trustee serving as a direct representative of the council.  
Each trustee is initially appointed to a one-year, 2-year, 3-year, 4-year or 5-year term in 
order to create staggered terms for the full board of trustees.  Vacancies are filled by 
appointment by the council for the unexpired term.
As soon as convenient after their appointments, the first board of trustees shall hold a 
meeting at some convenient place in the Town of Lincoln, to be called by any trustee 
thereof in writing, designating the time and place and delivered to the other 4 trustees, not 
less than 7 days before the meeting, except that they may meet by agreement without such 
notice. The board shall then organize by electing from their own members a chair and a 
clerk. The board shall choose a treasurer of the district, adopt a corporate seal and bylaws 
and perform other acts within the powers delegated to the board by law. The board may 
choose and fix the compensation of any other necessary officers and agents, who serve at 
the pleasure of the board. The treasurer shall furnish bond in such sum and with such 
sureties as the trustees approve, the cost thereof to be paid by the district. Members of the 
board are eligible to serve in any office of the board. The board may employ an executive 
director, technical experts and other agents and employees, permanent and temporary, that 
the board requires and may determine their qualifications, duties and compensation. For 
required legal services, the board may employ or retain the board's own counsel and legal 
staff.
The trustees must be sworn in to faithfully perform their duties, which include the 
duties of a member who serves as clerk or clerk pro tem. The trustees shall make and 
publish an annual report, including a report of the treasurer.
After the appointment of the first board of trustees, subsequent trustees are appointed 
by the council to 5-year terms in accordance with this section.
Sec. 5.  Property tax-exempt.  The property, rights and franchises of the district are 
forever exempt from taxation.
Sec. 6.  Authorization to borrow money and to issue bonds and notes.  For 
accomplishing the purposes of this Act, the district, by resolution of the board of trustees, 
is hereby authorized to borrow money temporarily and to issue its negotiable notes and, for 
the purpose of renewing and refunding the indebtedness so created, of paying necessary 
expenses and liabilities incurred under the provisions of this Act, including organizational 
and other necessary expenses and liabilities, and in acquiring properties, paying damages, 
laying sewers, drains and conduits, constructing, maintaining and operating a sewage plant 
or system and making renewals, extensions, additions and improvements to the same, and 
to cover interest payments during the period of construction. The district, by resolution of 
the board, is also hereby authorized to issue bonds, notes or other evidence of indebtedness 
of the district in one series, or in separate series, in an amount or amounts at such rates of 
interest and on such terms and conditions as the board determines. The bonds, notes and 
other evidence of indebtedness are legal obligations of the district and may be secured by 
the revenues and properties of the district and must bear the seal of the district and must be 
signed by the treasurer of the district and countersigned by the chair of the board, and any 
attached interest coupons must bear the facsimile of the signature of the treasurer. The 
district may refund and reissue in one series, or in separate series, its bonds, notes and other 
evidence of indebtedness, and each authorized issue constitutes a separate loan. All bonds 
issued by the district are legal investments for savings banks in the State and are tax-
exempt.
Sec. 7.  Rates and tolls; application of revenues.  Except as otherwise established 
through a specific infrastructure, services or comparable agreement with the district, all 
persons and corporations, whether public, private or municipal, shall pay to the treasurer 
of the district the entrance rates, tolls, rents and charges and other lawful charges 
established by the trustees for the sewer or drainage services used, or to which such 
beneficial services are available with respect to their lots or parcels of land, and, in 
determining real estate interests, the term "real estate'' as defined in the general laws of the 
State pertaining to sewer and sanitary districts may be applied by the trustees.
The sewer entrance rates, tolls, rents and charges and other lawful charges may be so 
established as to provide revenue for the following purposes:
1. Expenses.  To pay expenses for operating and maintaining the sewer system; and
2.  Principal and interest; reserves.  To provide for the payment of the principal and 
interest on the indebtedness created by the sewer system and to create such reserves as may 
be necessary for the operation of the district.
Sec. 8.  Lien for payment of rates.  Except as otherwise established through a 
specific infrastructure, services or comparable agreement with the district, there is a lien to 
secure the payment of rates, tolls, rents and charges established under section 7 and legally 
assessed on real estate within the district, which takes precedence over all other claims on 
such real estate, excepting only claims for taxes.
The treasurer of the district may sue for and collect the rates, tolls, rents and charges, 
all of which must be committed to the treasurer.
In addition to other methods previously established by law for the collection of the 
rates, tolls, rents and charges, the lien created pursuant to this section may be enforced 
pursuant to this section, as long as in making the assessment there is a description of the 
real estate served by the several sewers of the district sufficiently accurate to identify the 
real estate against which any of the several rates, tolls, rents and charges may be levied.  
When a rate, toll, rent or charge has been committed to the treasurer for collection, the 
treasurer may, after the expiration of 8 months and within one year after date of 
commitment, in the case of a person residing in the town where the rate, toll, rent or charge 
is assessed, give to the person against whom the same is assessed, or leave at the person's 
last and usual place of abode, a notice in writing signed by the treasurer stating the amount 
of the rate, toll, rent or charge and describing the real estate on which it is assessed, alleging 
that a lien is claimed on the real estate to secure the payment of the rate, toll, rent or charge 
and demanding its payment within 10 days after the service of the notice. After the 
expiration of the 10 days and within 2 days thereafter in the case of a resident of the town 
where the rate, toll, rent or charge is assessed and in all other cases within one year from 
the date of commitment of the rate, toll, rent or charge to the treasurer, the treasurer shall 
record in the registry of deeds of Penobscot County a certificate signed by the treasurer 
setting forth the amount of such rate, toll, rent or charge, a description of the real estate on 
which the same is assessed and an allegation that a lien is claimed on the real estate to 
secure the payment of the rate, toll, rent or charge, that a demand for payment of the same 
has been made in accordance with the provisions of this Act and that the rate, toll, rent or 
charge remains unpaid. In all cases, except in the case of a resident of the town where the 
rate, toll, rent or charge is assessed, the certificate so filed need not contain the allegation 
that payment of the rate, toll, rent or charge has been demanded. At the time of the recording 
of the certificate in the registry of deeds pursuant to this section, the treasurer shall file in 
the office of the district a true copy of the certificate and also mail by registered letter to 
each record holder of a mortgage on the real estate, addressed to each at the record holder's 
last and usual place of abode, a true copy of the certificate. The fee to be charged for such 
notice and filing is $1 plus the fee of the registry of deeds for the filing; these fees become 
an expense of the person owing the rate, toll, rent or charge. The filing of a certificate in 
the registry of deeds pursuant to this section creates a mortgage on the real estate to the 
district having priority over all other mortgages, liens, attachments and encumbrances of 
any nature, except liens, attachments and claims for taxes, and gives to the district all the 
rights usually incident to a mortgage, except that the mortgagee does not have any right of 
possession of the real estate until the right of redemption under this section has expired.
If the mortgage, together with interest and costs, is not paid within 18 months after the 
date of filing of the certificate in the registry of deeds pursuant to this section, the mortgage 
is foreclosed and the right of redemption expires.
The filing of the certificate in the registry of deeds is sufficient notice of the existence 
of the mortgage provided for in this section.
If the rate, toll, rent or charge with interest and costs is paid within the period of 
redemption provided for in this section, the treasurer of the district shall discharge the 
mortgage in the same manner as is provided for discharge of real estate mortgages.
Sec. 9.  Use of operating revenues.  Operating revenues may be used pursuant to 
this section.
1.  Principal use of revenues. Operating revenues must be used principally to support 
facilities owned or operated by the district.
2.  Permitted liability limited. Except as otherwise established through an agreement 
to provide funds outside of this Act, the expenses incurred in carrying out this Act must be 
paid solely from funds provided pursuant to this Act, and no liability or obligation may be 
incurred pursuant to this Act beyond the extent to which money has been provided pursuant 
to this Act or as otherwise authorized by an agreement to provide funds outside of this Act.
Sec. 10.  Property of district.  The district holds property pursuant to this section.
1.  Lease or sale. Property may be leased or sold to accomplish the purpose or reuse 
of the district as determined appropriate by the district. Resources acquired as a result of 
the lease or sale of property become operating revenues or assets of the district.
2.  Entry upon lands. The district and its authorized agents and employees may enter 
upon lands, waters and premises in the district for the purpose of making surveys, 
soundings, drillings and examinations that the district determines necessary or convenient 
for the purposes of this Act. The entry is not a trespass, but the district is liable for damages 
the entry creates.
3.  Authority for transfers of interest in land to district. Notwithstanding any 
provision of law to the contrary, upon district request, on reasonable and fair terms and 
conditions and without the necessity for advertisement, order of court or action or formality 
other than the regular and formal action of the authorities concerned and those of counties, 
municipalities, public agencies or instrumentalities of the State, public service 
corporations, special districts and private entities, a county, municipality, public agency or 
instrumentality of the State, public service corporation, special district or private entity may 
lease, lend, grant or convey to the district real or personal property or rights in that property 
that may be necessary or convenient for the effectuation of the authorized purposes of the 
district, including real or personal property or rights in that property already devoted to 
public or private use. As used in this subsection, "public service corporation" includes a 
public utility as defined in the Maine Revised Statutes, Title 35-A, section 102, subsection 
and a corporation as defined in Title 13-C, section 102, subsection 4.
Sec. 11.  Right of eminent domain conferred.  The district is hereby expressly 
granted the right of eminent domain and for the purposes of this Act is authorized to take 
and hold, either by exercising its right of eminent domain, or by purchase, lease or 
otherwise, as for public uses any land, easements or interests in land or easements, and any 
sewers or sewer rights necessary for constructing, establishing, maintaining and operating 
sewers, reservoirs, flush tanks, manholes, catch basins, treatment, including filtration, 
plants, pumping stations and other appliances and property, used or usable, for collecting, 
holding, purifying and disposing of sewage and wastewaters and for constructing, 
establishing, maintaining and operating any other infrastructure facilities necessary to 
provide the industrial water, gas, electric, broadband, data and telecommunications, 
thermal energy and incidental services as detailed in and limited by sections 17 to 22.
Sec. 12.  Procedure under eminent domain.  In exercising the right of eminent 
domain, the district by its board of trustees shall file in the office of the county 
commissioners of Penobscot County and cause to be recorded in the registry of deeds in 
Penobscot County plans of the location of all lands or interests in lands or sewers or sewer 
rights to be taken, with an appropriate description and the names of the owners thereof, if 
known. When, for any reason, the district fails to acquire property that it is authorized to 
take and that is described in such a location, or if the location so recorded is defective and 
uncertain, it may, at any time, correct and perfect the location and file a new description 
thereof, and in such case the district is liable in damages only for property for which the 
owner had not previously been paid, to be assessed as of the time of the original taking, 
and the district is not liable for any acts that would have been justified if the original taking 
had been lawful. Entry may not be made on any private lands, except to make surveys, until 
the expiration of 10 days from such filing, whereupon possession may be had of all of those 
lands or interests in those lands or property or rights to be taken, but title to lands or interest 
in those lands or property or rights does not vest in the district until payment for the land 
or interest in land or property or rights.
Sec. 13.  Assessment of damages by county commissioners; procedure on 
appeals.  If a person sustaining damages by any taking pursuant to this Act does not agree 
with the district upon the sum to be paid for damages, either party, upon petition to the 
county commissioners of Penobscot County, may have the damages assessed by them; the 
procedure and all subsequent proceedings and right of appeal must be had under the same 
restrictions, conditions and limitations as are or may be by law prescribed in the case of 
damages by the laying out of highways.
Sec. 14.  Limitations on crossing public utility.  In case of a crossing of a public 
utility, unless consent is given by the company or entity owning or operating the public 
utility as to place, manner and conditions of the crossing within 30 days after consent is 
requested by the district, the Public Utilities Commission may determine the place, manner 
and conditions of the crossing and all work on the property of the public utility must be 
done under the supervision and to the satisfaction of the public utility, but at the expense 
of the district. This section may not be construed to authorize the district to take by right of 
eminent domain any of the property or facilities of any other public utility used or acquired 
for future use by the owner of that public utility in the performance of a public duty unless 
expressly authorized pursuant to this Act or by subsequent act of the Legislature.
Sec. 15.  Excavation or repair work, closing of ways.  Whenever the district 
enters, digs up or excavates a public way or other land for the purpose of laying its sewers 
or pipes, constructing manholes or catch basins or their appurtenances or maintaining the 
same or for any other purpose, the work must be expeditiously done with the least possible 
interruption and, on completion of the work, the district shall restore the public way or land 
to the condition it was in prior to the work or to a condition equally as good.
When the work endangers travel on a public way, the municipal officers of the Town 
of Lincoln may order a temporary closing of the public way and of any intersecting way 
upon request of the district, and the way must remain closed to public travel until the 
municipal officers consider it restored to a condition safe for traffic.
Sec. 16.  Sanitary provisions and penalty for violations.  Except as otherwise 
established through a specific infrastructure, service or a comparable agreement with the 
district, a person who places or leaves any offensive or injurious matter or material on or 
in the conduits, catch basins or receptacles of the district contrary to its regulations or 
willfully injures any conduit, pipe, reservoir, flush tank, catch basin, manhole, outlet, 
engine, pump or other property held, owned or used by the district for the purposes of this 
Act is liable to pay twice the amount of the damages to the district, to be recovered in a 
proper action.
Sec. 17.  Water services.  Within the territorial boundaries of the district, the district 
is authorized to contract for, own and lay pipes, pumps and drains and provide and make 
arrangements for water for common use within the district, except that the water may not 
be used for municipal or domestic use.
Sec. 18.  Electric services.  Within the territorial boundaries of the district, the 
district is authorized to build and operate electric generation and cogeneration and storage 
facilities and connections of those facilities to contractual users within the district's territory 
without becoming a public utility under state law.  The district shall require electric 
generators, electric storage users and electricity users within the district to directly 
interconnect with a transmission and distribution utility in order to receive electricity 
transmission or distribution service or to export electricity outside the district.
Sec. 19.  Broadband services, data services and telecommunications 
services.  Within the territorial boundaries of the district, the district is authorized to 
contract for, own, construct, repair, maintain, provide and make arrangements for 
broadband services, data services and telecommunications services for use within the 
district.  For the purposes of this section, "broadband services" includes both broadband 
services and Internet services as those terms are defined and used in state law. Broadband 
services may be extended to areas within the Town of Lincoln and surrounding 
municipalities, and the district is authorized to enter into contracts for the provision of 
broadband services outside of the district.
Sec. 20.  Gas services.  Within the territorial boundaries of the district, the district is 
authorized to contract for, own, construct, repair, maintain, provide and make arrangements 
for gas infrastructure and services for use within the district. Gas infrastructure and services 
may include, but are not limited to, gas generation facilities, pipeline infrastructure, natural 
gas storage and connection and facilities ancillary to the transportation of gas.
Sec. 21.  Thermal energy services.  The district is authorized to contract for, own, 
construct, repair, maintain, operate, provide and make arrangements for thermal energy 
infrastructure and services, including heating and cooling services, whether or not powered 
by fuel in gas, liquid or solid form, and products, services and constituents derived from 
those services and fuels, to any customer the district is authorized to serve.
Sec. 22.  Incidental services.  The district is authorized to contract for, own, 
construct, repair, maintain, operate, provide and make arrangements for infrastructure or 
services incidental to and comparable to those under sections 17 to 21 to any customer the 
district is authorized to serve, including buildings and facilities on the Lincoln Paper and 
Tissue mill site as needed, and is hereby authorized to construct roads for common use 
within the district.
Sec. 23.  Dissolution provision.  Upon dissolution or liquidation of the district, and 
upon acceptance by the municipal officers of the Town of Lincoln of that dissolution or 
liquidation, title to all of the district's property vests in the Town of Lincoln as the 
municipality participating in the efforts of the district.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill creates the Lincoln Mill Facilities District.