An Act to Protect Union Wharf and Sustain Maine's Maritime Industries
Maine Legislature, Session 131, LD 1480
Committee: Appropriations and Financial Affairs
Sponsors: BRENNER, MOONEN, BENNETT, DUSON, JACKSON, FAULKINGHAM

Legislative Document
No. 1480
S.P. 601
In Senate, April 5, 2023
An Act to Protect Union Wharf and Sustain Maine's Maritime 
Industries
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER of Cumberland.
Cosponsored by Representative MOONEN of Portland and
Senators: BENNETT of Oxford, DUSON of Cumberland, President JACKSON of Aroostook, 
Representative: FAULKINGHAM of Winter Harbor.
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 $4,000,000 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 ADMINISTRATIVE AND FINANCIAL SERVICES
Provides funds to compensate the Gulf of Maine Research Institute for the loss in value, 
based on a qualified, independent real estate appraisal, resulting from restricting the uses 
of Union Wharf in Portland Harbor to commercial fishing, aquaculture, seafood 
processing, piloting, marine salvage, marine hazard response, marine construction, 
marine operations, marine research and development, marine exploration and other 
marine-dependent and marine-related industries or similar uses that may emerge over 
time. A minimum of 35% of the linear feet designated by the Gulf of Maine Research 
Institute for vessel berthing at Union Wharf must be allocated to berth commercial 
fishing vessels and aquaculture vessels if there is demand. The restrictions must be set 
forth in a recorded declaration of covenants and restrictions encumbering Union Wharf. 
The restrictions will be monitored and enforced by the Department of Administrative 
and Financial Services or an independent conservation trust or working waterfront trust 
approved by the State.
Total 
$4,000,000
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 $4,000,000 bond issue to be used to protect Union Wharf 
in Portland Harbor as a working wharf by compensating the Gulf of Maine 
Research Institute for the loss in value, based on a qualified, independent 
real estate appraisal, resulting from restricting the uses of the wharf to 
marine-dependent and marine-related industries or similar uses that may 
emerge over time?"
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 $4,000,000, will be used to 
protect Union Wharf in Portland Harbor as a working wharf by compensating the Gulf of 
Maine Research Institute for the loss in value, based on a qualified, independent real estate 
appraisal, resulting from restricting the uses of the wharf to commercial fishing, 
aquaculture, seafood processing, piloting, marine salvage, marine hazard response, marine 
construction, marine operations, marine research and development, marine exploration and 
other marine-dependent and marine-related industries or similar uses that may emerge over 
time. A minimum of 35% of the linear feet designated by the Gulf of Maine Research 
Institute for vessel berthing at Union Wharf must be allocated to berth commercial fishing 
vessels and aquaculture vessels if there is demand. The restrictions must be set forth in a 
recorded declaration of covenants and restrictions encumbering Union Wharf. The 
restrictions will be monitored and enforced by the Department of Administrative and 
Financial Services or an independent conservation trust or working waterfront trust 
approved by the State.