Sec. 5. 30-A MRSA §4301, sub-§§6-B, 6-C and 6-D are enacted to read:

6-B.__Rate of growth ordinance.__"Rate of growth ordinance" means a land use ordinance or other rule that limits the number of building or development permits issued by a municipality or other jurisdiction over a designated time frame.

6-C.__Growth area.__"Growth area" means an area designated in a planning district's comprehensive plan as suitable for orderly residential, commercial or industrial development, or any combinations of development, and into which most development forecast over 10 years is directed.__A growth area designated for residential development must permit development at densities of at least 3 dwelling units per acre where public sewerage is available or, unless limited by natural conditions, at least one dwelling unit per acre where on-site, individual wastewater disposal is used.

6-D.__Impact fee ordinance.__"Impact fee ordinance" means an ordinance that establishes the applicability, formula and means by which impact fees are assessed.

Sec. 6. 30-A MRSA §4301, sub-§9, as amended by PL 1993, c. 166, §1, is further amended to read:

9. Growth management program. "Local growth Growth management program" means a document containing the components described in section 4326, including the implementation program, which that is consistent with the goals and guidelines established by subchapter II and which that regulates land use beyond that the area required by Title 38, chapter 3, subchapter I, article 2-B.

Sec. 7. 30-A MRSA §4301, sub-§10, as amended by PL 1989, c. 562, §1, is further amended to read:

10. Planning committee. "Local planning Planning committee" means the committee established by the municipal officers of a municipality or combination of municipalities which that has the general responsibility established under sections 4324 and 4326. Municipalities within the jurisdiction of the Maine Land Use Regulation Commission are represented on a planning committee by the commission and its staff.

Sec. 8. 30-A MRSA §4301, sub-§§11-A, 13-A and 14-A to 14-E are enacted to read:

11-A. Multimunicipal region.__"Multimunicipal region" is a region made up of 2 or more municipalities, including those within the jurisdiction of the Maine Land Use Regulation Commission, that work together to cooperatively establish a growth management program or independent growth management programs that are unified with respect to the implementation of the state goal identified in section 4312, subsection 3, paragraph A.__The several municipalities in a multimunicipal region may establish the region pursuant to section 4326-A or chapter 115.

13-A.__Planning district.__"Planning district" means a municipality, multimunicipal region, land use planning region and, where applicable, regional council.

14-A.__Rural area.__"Rural area" means a geographic area identified and designated in a planning district's comprehensive plan as an area deserving of some level of regulatory protection from unrestricted development for purposes that may include, but are not limited to, supporting agriculture, forestry, mining, open space, wildlife habitat, fisheries habitat or scenic lands, and away from which most development forecast over 10 years is diverted.__Where residential development is allowed in a rural area, it must be at a sufficiently low density and contain other effective measures to promote contiguous, undeveloped blocks of land large enough to accommodate economically viable farming and forestry and habitat for a diversity of fish and wildlife.

14-B. Service center community.__"Service center community" means a municipality or group of municipalities identified by the office according to a methodology established by rule that includes 4 basic criteria, including level of retail sales, jobs- to-workers ratio, the amount of federally assisted housing and the volume of service sector jobs.

14-C.__Site plan review ordinance.__"Site plan review ordinance" or "site review ordinance" means a land use ordinance that establishes a formal review procedure to ensure that developments that fall within defined threshold criteria meet specific standards, including, but not limited to, standards governing public health, safety, environment, siting or design.

14-D.__Subdivision ordinance.__"Subdivision ordinance" means either a rule adopted pursuant to section 4403, subsection 2 or a land use ordinance that establishes a formal review procedure and determines the standards required for subdivision approval within the jurisdiction.

14-E.__Transitional area.__"Transitional area" means an area designated in a planning district's comprehensive plan as suitable for a share of forecasted residential, commercial or industrial development, but that is neither intended to accept the amount or density of development appropriate for a growth area nor intended to provide the level of protection for rural resources afforded in a rural or critical rural area.

Sec. 9. 30-A MRSA §4301, sub-§15-A, as enacted by PL 1993, c. 166, §3, is amended to read:

15-A. Zoning ordinance. "Zoning ordinance" means a type of land use ordinance that divides a municipality into districts and that prescribes and reasonably applies different regulations in each district or that generally regulates the distribution or intensity of land use across a municipality, including, but not limited to, minimum lot size ordinances.

Sec. 10. 30-A MRSA §4312, sub-§2, ¶E-1 is enacted to read:

E-1.__Encourage the development and implementation of multimunicipal growth management programs;

Sec. 11. 30-A MRSA §4312, sub-§2, ¶¶F and G, as amended by PL 1991, c. 622, Pt. F, §19, are further amended to read:

F. Provide for continued direct state regulation of development proposals that occur in areas of statewide concern, that directly impact natural resources of statewide significance or that by their scale or nature otherwise affect vital state interests; and

G. Encourage the widest possible involvement by the citizens of each municipality in all aspects of the planning and implementation process, in order to ensure that the plans developed by municipalities have had the benefit of citizen input.;

Sec. 12. 30-A MRSA §4312, sub-§2, ¶¶I and J are enacted to read:

I.__Encourage development of an integrated geographical information system that informs the State, regional councils and municipalities of the impacts of development and enables evaluation of State, regional and growth management and natural resource protection policies and programs; and

J.__Strengthen the partnership among State Government and regional and local governments to conserve land and water

resources and to invest in and make efficient use of public infrastructure.

Sec. 13. 30-A MRSA §4312, sub-§3, ¶A, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:

A. To encourage orderly growth and development in appropriate areas of each community and region, while protecting the State's rural character, making efficient use of public services and preventing development sprawl;

Sec. 14. 30-A MRSA §4312, sub-§4, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:

4. Office rule-making authority. The office is authorized to adopt rules necessary to carry out the purposes of this subchapter.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. This section shall may not be construed to grant any separate regulatory authority to any state agency beyond that necessary to implement this subchapter.

Sec. 15. 30-A MRSA §4314, as amended by PL 1993, c. 721, Pt. A, §1 and affected by Pt. H, §1, is further amended to read:

§4314. Transition; savings clause

1. Comprehensive plan. A municipal comprehensive plan or land use regulation or ordinance adopted or amended by a municipality under former Title 30, chapter 239, subchapter V or VI remains in effect until amended or repealed in accordance with this subchapter.

2. Shoreland zoning ordinances. Notwithstanding section 4352, subsection 2, any portion of a zoning ordinance that regulates land use beyond that the area required by Title 38, chapter 3, subchapter I, article 2-B and that is not consistent with a comprehensive plan adopted under this subchapter is void no longer in effect 24 months after adoption of the plan or by July 1, 1994, whichever date is later.

3. Subdivision, site plan review, rate of growth, zoning and impact fee ordinances. Any land use ordinance not consistent with a comprehensive plan adopted according to this subchapter is void After January 1, 2003, any portion of a planning district's subdivision, site plan review, development permit limitation, zoning or impact fee ordinance must be consistent with a comprehensive plan adopted under this subchapter.__The portion of an ordinance that is not consistent is no longer in effect unless:

A. After January 1, 1998, in any municipality that received a planning assistance grant and an implementation assistance grant under former section 4344, subsection 4 prior to December 23, 1991; and

B. After January 1, 2003, in all other municipalities.

C.__The ordinance or portion of the ordinance is exempted under subsection 2;

D.__The planning district is under contract with the office to prepare a comprehensive plan or implementation program, in which case ordinances remain valid for up to 4 years after receipt of the first installment of its first planning assistance grant or for up to 2 years after receipt of the first installment of its first implementation assistance grant, whichever is earlier;

E.__The planning district applied for and was denied financial assistance for its first planning assistance or implementation assistance grant under this subchapter due to lack of state funds on or before January 1, 2003; or

F.__The ordinance or portion of the ordinance conflicts with a newly adopted comprehensive plan or plan amendment adopted under this subchapter, in which case the ordinance or portion of the ordinance remains in effect for a period of up to 24 months immediately following adoption of the comprehensive plan or plan amendment.

4. Encumbered balances at year-end. At the end of each fiscal year, all encumbered balances in accounts for financial assistance and regional planning grants may be carried twice.

Sec. 16. 30-A MRSA §4321, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:

§4321. Growth management program established

There is established a program of local growth management to accomplish the goals of this subchapter.

Sec. 17. 30-A MRSA §4322, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is repealed and the following enacted in its place:

§4322. Exception

Municipalities within the jurisdiction of the Maine Land Use Regulation Commission are not subject to the provisions of this

article except when the commission elects to include one or more municipalities in its jurisdiction as part of a land use planning region or multimunicipal region that includes municipalities outside the commission's jurisdiction.

Sec. 18. 30-A MRSA §4324, as amended by PL 1993, c. 721, Pt. A, §2 and affected by Pt. H, §1, is further amended to read:

§4324. Responsibility for growth management

This section governs a municipality's planning district's responsibility for the preparation or amendment of its local growth management program. Where procedures for the adoption of comprehensive plans and ordinances are governed by other provisions of this Title or municipal charter or ordinance, the municipality planning district may modify the procedural requirements of this section as long as a broad range of opportunity for public comment and review is preserved.

1. Growth management program. Each municipality planning district may prepare a local growth management program in accordance with this section or may amend its existing comprehensive plan and existing land use ordinances to comply with this subchapter.

2. Planning committee. If a municipality planning district chooses to prepare a local growth management program, the municipal officers of a municipality or combination of municipalities shall designate and establish a local planning committee.

A. The municipal officers may designate any existing planning board or district established under subchapter IV, or a former similar provision, as the local planning committee. Planning boards established under former Title 30, section 4952, subsection 1, continue to be governed by those provisions until they are superseded by municipal charter or ordinance.

B. The local planning committee may develop and maintain a comprehensive plan and may develop an initial proposed zoning ordinance or an initial revision of an existing zoning ordinance any portion of an implementation program to which it is assigned in an adopted comprehensive plan or otherwise directed by the municipal officers or legislative body or bodies. In performing these duties, the local planning committee shall:

(1) Hold public hearings and use other methods to solicit and strongly encourage citizen input; and

(2) Prepare the comprehensive plan and proposed zoning ordinance or any portion of the implementation program to which it is assigned in an adopted comprehensive plan and make recommendations to the municipal reviewing authority and municipal legislative body regarding the adoption and implementation of the program or amended program that require legislative action.

3. Citizen participation. In order to encourage citizen participation in the development of a local growth management program, municipalities planning districts may adopt local growth management programs only after soliciting and considering a broad range of public review and comment. The intent of this subsection is to provide for the broad dissemination of proposals and alternatives, opportunity for written comments, open discussions, information dissemination and consideration of and response to public comments.

4. Meetings to be public. The local planning committee shall conduct all of its meetings in open, public session. Prior public notice must be given for all meetings of the local planning committee pursuant to Title 1, section 406. Prior to April 1, 1990, if the local planning committee provided notice in compliance with Title 1, section 406, that notice was sufficient for all legal purposes.

8. Public hearing required. The local planning committee shall hold at least one public hearing on its proposed comprehensive plan.

A. Notice of any public hearing must be posted in the municipality at least 2 times 30 days before the hearing.

B. A copy of the proposed comprehensive plan shall must be made available for public inspection at the municipal office or other convenient location with regular public hours at least 30 days before the hearing.

9. Adoption. A comprehensive plan or land use ordinance is deemed to have been considered adopted as part of a local growth management program when it has been accepted adopted by the municipality's legislative body. A multimunicipal comprehensive plan or land use ordinance must be adopted by the legislative body of each participating municipality unless another form of legislative authority has been established for this purpose within the planning district.

10. Amendments to an adopted plan. When amending an adopted comprehensive plan, a municipality planning district shall follow the same procedures for citizen participation, public notice and public hearing that are required for adoption of a comprehensive plan.

Sec. 19. 30-A MRSA §4325, as amended by PL 1991, c. 622, Pt. F, §28, is repealed.

Sec. 20. 30-A MRSA §4326, as amended by PL 1999, c. 776, §8, is further amended to read:

§4326. Growth management program elements

A local growth management program shall include at least a comprehensive plan, as described in subsections 1 to 4, and an implementation program as described in subsection 5.

1. Inventory and analysis. A comprehensive plan shall must include an inventory and analysis section addressing state goals under this subchapter and issues of regional or local significance that the municipality planning district considers important. The inventory must be based on information provided by the State, regional councils and other relevant local sources. The analysis must include 10-year projections of local and regional growth in population and residential, commercial and industrial activity; the projected need for public facilities; and the vulnerability of and potential impacts on natural resources. Within resource constraints, state agencies shall, through the office, provide planning districts undertaking comprehensive planning with available information regarding resources, agency policies, plans and programs, suggested issues to be addressed during the planning process and technical assistance available from the State.__To the extent possible, state agencies shall work directly with planning committees and regional councils to address significant issues of mutual concern, including, but not limited to, resource and infrastructure planning during the planning process.

The inventory and analysis section must include, but is not limited to:

A. Economic and demographic data describing the municipality planning district and the region in which it is located;

B. Significant water resources such as lakes, aquifers, estuaries, rivers and coastal areas and, where applicable, their vulnerability to degradation;

C. Significant or critical natural resources, such as wetlands, wildlife and fisheries habitats, significant plant habitats, coastal islands, sand dunes, scenic areas, shorelands, heritage coastal areas as defined under Title 5, section 3316, and unique natural areas;

D. Marine-related resources and facilities such as ports, harbors, commercial moorings, commercial docking facilities and related parking, and shell fishing and worming areas;

E. Commercial forestry and agricultural land;

F. Existing recreation, park and open space areas and significant points of public access to shorelands within a municipality planning district;

G. Existing transportation systems, including the capacity of existing and proposed major thoroughfares, secondary routes, pedestrian ways and parking facilities;

H. Residential housing stock, including affordable housing;

I. Historical and archeological resources including, at the discretion of the municipality, stone walls, stone impoundments and timber bridges of historical significance;

J. Land use information describing current and projected development patterns; and

K. An assessment of capital facilities and public services necessary to support growth and development and to protect the environment and health, safety and welfare of the public and the costs of those facilities and services.; and

L.__A vision statement that describes the desired characteristics of the community at the end of the planning period in sufficient detail to enable an evaluation of the success of the planning district in achieving its vision at that time.

2. Policy development. A comprehensive plan must include a policy development section that relates the findings contained in the inventory and analysis section to the state goals. The policies must:

A. Promote the state goals under this subchapter;

B. Address any conflicts between state goals under this subchapter;

C. Address any conflicts between regional and local issues; and

D. Address the State's coastal policies, if any part of the planning district is a coastal area.

3. Implementation strategy. A comprehensive plan must include an implementation strategy section that contains a timetable for the implementation program, including land use ordinances, ensuring that the goals established under this subchapter are met. These implementation strategies must be consistent with state law and must actively promote policies developed during the planning process. The timetable must identify significant ordinances to be included in the implementation program. The strategies and timetable must guide the subsequent adoption of policies, programs and land use ordinances. In developing its strategies and subsequent policies, programs and land use ordinances, each municipality shall employ the following guidelines consistent with the goals of this subchapter:

A. Identify and designate at least 2 basic types of geographic areas:

(1) Growth areas, which are those areas suitable for orderly residential, commercial and industrial development or any combination of those types of development, forecast over the next 10 years. Each municipality shall:

(a) Establish standards for these developments;

(b) Establish timely permitting procedures;

(c) Ensure that needed public services are available within the growth area; and

(d) Prevent inappropriate development in natural hazard areas, including flood plains and areas of high erosion; and

(2) Rural areas, which are those areas where protection should be provided for agricultural, forest, open space and scenic lands within the municipality. Each municipality shall adopt land use policies and ordinances to discourage incompatible development.

These policies and ordinances may include, without limitation: density limits; cluster or special zoning;

acquisition of land or development rights; or performance standards.

A municipality is not required to identify growth areas for residential growth if it demonstrates that it is not possible to accommodate future residential growth in these areas because of severe physical limitations, including, without limitation, the lack of adequate water supply and sewage disposal services, very shallow soils or limitations imposed by protected natural resources; or it demonstrates that the municipality has experienced minimal or no residential development over the past decade and this condition is expected to continue over the 10-year planning period. A municipality exercising the discretion afforded by this paragraph shall review the basis for its demonstration during the periodic revisions undertaken pursuant to section 4327;

B. Develop a capital investment plan for financing the replacement and expansion of public facilities and services required to meet projected growth and development;

C. Protect, maintain and, when warranted, improve the water quality of each water body pursuant to Title 38, chapter 3, subchapter I, article 4-A and ensure that the water quality will be protected from long-term and cumulative increases in phosphorus from development in great pond watersheds;

D. Ensure that its land use policies and ordinances are consistent with applicable state law regarding critical natural resources. A municipality may adopt ordinances more stringent than applicable state law;

E. Ensure the preservation of access to coastal waters necessary for commercial fishing, commercial mooring, docking and related parking facilities. Each coastal municipality shall discourage new development that is incompatible with uses related to the marine resources industry;

F. Ensure the protection of agricultural and forest resources. Each municipality shall discourage new development that is incompatible with uses related to the agricultural and forest industry;

G. Ensure that its land use policies and ordinances encourage the siting and construction of affordable housing within the community and comply with the requirements of section 4358 pertaining to individual mobile home and mobile home park siting and design requirements. The municipality

shall seek to achieve a level of 10% of new residential development, based on a 5-year historical average of residential development in the municipality, meeting the definition of affordable housing. Municipalities are encouraged to seek creative approaches to assist in the development of affordable housing, including, but not limited to, cluster zoning, reducing minimum lot and frontage sizes, increasing densities and use of municipally owned land;

H. Ensure that the value of historical and archeological resources is recognized and that protection is afforded to those resources that merit it;

I. Encourage the availability of and access to traditional outdoor recreation opportunities, including, without limitation, hunting, boating, fishing and hiking; and encourage the creation of greenbelts, public parks, trails and conservation easements. Each municipality shall identify and encourage the protection of undeveloped shoreland and other areas identified in the local planning process as meriting that protection; and

J. Develop management goals for great ponds pertaining to the type of shoreline character, intensity of surface water use, protection of resources of state significance and type of public access appropriate for the intensity of use of great ponds within a municipality's jurisdiction.

3-A.__Guidelines for policy development and implementation strategies.__In developing its strategies and subsequent policies, programs and land use ordinances, each planning district shall employ the following guidelines consistent with the goals of this subchapter:

A.__Identify and designate geographic areas in the planning district using at least 2 basic types of growth area or rural area, as defined in this chapter.

(1)__Within growth areas, each planning district shall:

(a)__Establish development standards;

(b)__Establish timely permitting procedures;

(c)__Ensure that needed public services are available; and

(d)__Prevent inappropriate development in natural hazard areas, including flood plains and areas of high erosion.

(2)__Within rural areas, each planning district shall adopt land use policies and ordinances to discourage incompatible development.__These policies and ordinances may include, without limitation, density limits, cluster or special zoning, acquisition of land or development rights or performance standards.__The planning district should also identify which rural areas qualify as critical rural areas, as defined in this chapter.__These areas would receive priority consideration for proactive strategies designed to enhance rural industries, manage wildlife and fisheries habitat and preserve sensitive natural areas.

(3)__Planning districts may also designate one or more portions of land area as transitional areas, which do not meet either the definition of a growth or rural area.__These areas may be appropriate for medium- density development that does not require expansion of municipal facilities and does not include significant rural resources.

(4)__A planning district is not required to identify growth areas for residential growth if it demonstrates that it is not possible to accommodate future residential growth in these areas because of severe physical limitations, including, without limitation, the lack of adequate water supply and sewage disposal services, very shallow soils or limitations imposed by protected natural resources.

(5)__A planning district is not required to identify growth areas for residential, commercial or industrial growth if it demonstrates that the planning district has experienced minimal or no residential, commercial or industrial development over the past decade and this condition is expected to continue over the 10-year planning period.

(6)__A planning district exercising the discretion afforded by subsections 3-A or 4 shall review the basis for its demonstration during the periodic revisions undertaken pursuant to section 4347-A;

B.__Develop a capital investment plan for financing the replacement and expansion of public facilities and services required to meet projected growth and development;

C.__Protect, maintain and, when warranted, improve the water quality of each water body pursuant to Title 38, chapter 3, subchapter I, article 4-A and ensure that the water quality will be protected from long-term and cumulative increases in phosphorus from development in great pond watersheds;

D.__Ensure that its land use policies and ordinances are consistent with applicable state law regarding critical natural resources.__A municipality, or multimunicipal planning district, if authorized to enact ordinances, may adopt ordinances more stringent than applicable state law;

E.__Ensure the preservation of access to coastal waters necessary for commercial fishing and commercial mooring, docking and related parking facilities.__Each coastal planning district may identify and designate one or more critical waterfront areas and implement policies to ensure protection of those areas or shall otherwise discourage new development that is incompatible with uses related to the marine resources industry;

F.__Ensure the protection of agricultural and forest resources.__Each planning district shall discourage new development that is incompatible with uses related to the agricultural and forest industry;

G.__Ensure that the planning district's land use policies and ordinances encourage the siting and construction of affordable housing within the community and comply with the requirements of section 4358 pertaining to individual mobile home and mobile home park siting and design requirements.__ The planning district shall seek to achieve a level of at least 10% of new residential development, based on a 5-year historical average of residential development in the planning district and meeting the definition of affordable housing.__A planning district is encouraged to seek creative approaches to assist in the development of affordable housing, including, but not limited to, cluster housing, reduced minimum lot and frontage sizes, increasing residential densities and use of municipally owned land;

H.__Ensure that the value of historical and archeological resources is recognized and that protection is afforded to those resources that merit it;

I.__Encourage the availability of and access to traditional outdoor recreation opportunities, including, without limitation, hunting, boating, fishing and hiking and encourage the creation of greenbelts, public parks, trails

and conservation easements.__Each planning district shall identify and encourage the protection of undeveloped shoreland and other areas identified in the local planning process as meriting that protection;

J.__Develop management goals for great ponds pertaining to the type of shoreline character, intensity of surface water use, protection of resources of state significance and type of public access appropriate for the intensity of use of great ponds within a planning district's jurisdiction; and

K.__Ensure the efficient use and functional integrity of state and state aid highway infrastructure.__To achieve this goal, each planning district shall manage highway access to ensure that existing posted speeds in excess of 45 miles per hour on rural arterial and major collector roads between service centers are maintained.

4. Regional coordination program. A regional coordination program must be developed with other municipalities to manage shared resources and facilities, such as rivers, aquifers, transportation facilities and others. This program must provide for consistency with the comprehensive plans of other municipalities for these resources and facilities.

5. Implementation program. An implementation program must be adopted that is consistent with the strategies in subsection 3 3- A.

Sec. 21. 30-A MRSA §4326-A is enacted to read:

§4326-A. Cooperative local growth management activities

This section governs cooperative local growth management efforts conducted by 2 or more municipalities.

1.__Within municipality.__A municipality may exercise its land use planning and management authority over the total land area within its jurisdiction.

2.__Multimunicipal region.__Any combination of contiguous municipalities may conduct joint planning and regulatory programs to meet the requirements of this subchapter upon adoption of a written comprehensive planning and enforcement agreement by the municipal legislative bodies involved.__The agreement must be in writing, approved by the municipal legislative bodies and forwarded to the office.__The municipalities must agree:

A.__On procedures for joint action in the preparation and adoption of comprehensive plans, land use regulations and

other implementation measures to be conducted on a multimunicipal basis;

B.__On the manner of representation on any such joint land use body; and

C.__On the amount and source of contribution from each municipality for any costs incurred in the development, implementation and enforcement of the comprehensive plan and its implementation program and on the method of distributing the benefits or impacts of regional land use, economic development, housing, transportation, infrastructure or other shared plans and programs.

Sec. 22. 30-A MRSA §4327, as amended by PL 1993, c. 721, Pt. A, §4 and affected by Pt. H, §1, is repealed.

Sec. 23. 30-A MRSA §4331, as enacted by PL 1993, c. 721, Pt. A, §5 and affected by Pt. H, §1, is repealed.

Sec. 24. 30-A MRSA §4345, as amended by PL 1995, c. 395, Pt. d, §13, is further amended to read:

§4345. Purpose; office to administer program

Under the provisions of this article, a municipality planning district may request financial or technical assistance from the State Planning Office, referred to in this article as the office, for the purpose of planning and implementing a local growth management program. A municipality planning district that requests and receives a financial assistance grant shall develop and implement its growth management program in cooperation with the office and in a manner consistent with the provisions of this article.

To accomplish the purposes of this article, the office shall develop and administer a technical and financial assistance program for municipalities planning districts. The program must include direct financial assistance for planning and implementation of local growth management programs, standards governing the review of local growth management programs by the office, technical assistance to municipalities planning districts and a voluntary certification program for local growth management programs.

Sec. 25. 30-A MRSA §4346, as amended by PL 1993, c. 721, Pt. A, §§7 to 10 and affected by Pt. H, §1, is further amended to read:

§4346. Technical and financial assistance program

The technical and financial assistance program for municipalities and regional councils planning districts is established to encourage and facilitate the adoption and implementation of local, regional and statewide growth management programs throughout the State.

The office may enter into financial assistance grants only to the extent that funds are available. In making grants, the office shall consider the need for planning in a municipality planning district, the proximity of the municipality planning district to other towns areas that are conducting or have completed the planning process and the economic and geographic role of the municipality planning district within a regional context. The office may consider other criteria in making grants, as long as the criteria support the goal of encouraging and facilitating the adoption and implementation of a local and multimunicipal growth management program programs consistent with the provisions of this article. In order to maximize the availability of the technical and financial assistance program to all municipalities, multimunicipal regions and regional councils, financial assistance programs administered competitively under this article are exempted from 18-554 C.M.R. Chapter 110, the Rules for the Purchase of Services and Awards.__The office shall publish a program statement describing its grant program and advertising its availability to eligible applicants.

2-A. Financial assistance grants. A contract for a financial assistance grant must:

A. Provide for the payment of a specific amount for the purposes of planning and preparing a comprehensive plan;

B. Provide for the payment of a specific amount for the purposes of implementing that comprehensive plan; and

C. Include specific timetables governing the preparation and submission of products by the municipality planning district.

The office may not require a municipality planning district to provide matching funds in excess of 25% of the value of that municipality's financial assistance contract for its first planning assistance and implementation assistance grants. The office may require a higher match for other grants, including, but not limited to, grants for the purpose of updating comprehensive plans.__This match limitation does not apply to distribution of federal funds that the office may administer.

2-B. Use of funds. A municipality planning district may expend financial assistance grants for:

A. The conduct of surveys, inventories and other data- gathering activities;

B. The hiring of planning and other technical staff;

C. The retention of planning consultants;

D. Contracts with regional councils for planning and related services;

E. Assistance in the development of ordinances;

F. Retention of technical and legal expertise for permitting activities;

G. The updating of growth management programs or components of a program; and

G-1.__Evaluation of growth management programs; and

H. Any other purpose agreed to by the office and the municipality planning district that is directly related to the preparation of a comprehensive plan or the preparation of policies, programs and land use ordinances to implement that implementation of a comprehensive plan adopted under this subchapter.

2-C.__Program evaluation.__Any recipient of a financial assistance grant shall cooperate with the office in performing program evaluations required under section 4350.

3. Technical assistance. Using its own staff, the staff of other state agencies, contractors and the resources of the regional councils, the office shall provide technical assistance to municipalities and multimunicipal regions in the development, administration and enforcement of local growth management programs. The technical assistance component of the program must include a set of model land use ordinances or other implementation strategies developed by the office that are consistent with this subchapter.

4. Regional council assistance. As part of the technical and financial assistance program, the office may develop and administer a program to develop regional education and training programs, regional policies to address state goals and regional assessments. Regional assessments may include, but are not limited to, public infrastructure, inventories of agricultural

and commercial forest lands, housing needs, recreation and open space needs, and projections of regional growth and economic development. The program may include guidelines to ensure methodological consistency among the State's regional councils. To implement this program, the office may contract with regional councils to assist the office in reviewing local growth management programs, to develop necessary planning information at a regional level or to provide support for local planning efforts.

5. Coordination. State agencies with regulatory or other authority affecting the goals established in this subchapter shall conduct their respective activities in a manner consistent with the goals established under this subchapter, including, but not limited to, coordinating with municipalities, regional councils and other state agencies in meeting the state goals, providing available information to regions and municipalities as described in section 4326, subsection 1, cooperating with efforts to integrate and provide access to geographic information system data, making state investments and awarding grant money as described in section 4349-A and conducting reviews of growth management programs as provided in section 4347, subsection 1. Without limiting the application of this section to other state agencies, the following agencies shall comply with this section subchapter.__The Land and Water Resources Council shall periodically, but in no event less than biannually, review the effectiveness of agency coordination efforts, including, but not limited to, those in section 4349-A:

A. Department of Conservation;

B. Department of Economic and Community Development;

C. Department of Environmental Protection;

D. Department of Agriculture, Food and Rural Resources;

E. Department of Inland Fisheries and Wildlife;

F. Department of Marine Resources;

G. Department of Transportation;

G-1.__Department of Human Services;

G-2.__State Planning Office;

H. Finance Authority of Maine; and

I. Maine State Housing Authority.

Sec. 26. 30-A MRSA §4347, as amended by PL 1993, c. 166, §§9 and 10, is repealed.

Sec. 27. 30-A MRSA §4347-A is enacted to read:

§4347-A. Review of programs by office

1.__Comprehensive plans.__A planning district that chooses to prepare a growth management program and receives a planning grant under this article shall submit its comprehensive plan to the office for review.__The office shall review plans for consistency with the goals and guidelines established in this subchapter.__ Any contract for a planning assistance grant must include specific timetables governing the review of the comprehensive plan by the office.__Any comprehensive plan submitted for review more than 12 months following a contract end date may be required to update data, projections and other time-sensitive portions of the plan or program to the office's most current review standards.

2.__Growth management programs.__A planning district may at any time request a certificate of consistency for its growth management program.__Upon a request for review under this section, the office shall review the program and determine whether the program is consistent with the procedures, goals and guidelines established in this subchapter.

3.__Review of comprehensive plan or growth management program.__ In reviewing a comprehensive plan or growth management program, the office shall:

A.__Solicit written comments on any proposed comprehensive plan or growth management program from regional councils, state agencies, all municipalities contiguous to the planning district submitting a comprehensive plan or growth management program and any interested residents of the planning district or of contiguous municipalities.__The comment period extends for 45 days after the office receives the comprehensive plan or growth management program.

(1)__Each state agency reviewing the proposal shall designate a person or persons responsible for coordinating the agency's review of the comprehensive plan or growth management program.

(2)__Any regional council commenting on a program shall determine whether the program is compatible with those of other municipalities that may be affected by the program and with regional policies or needs identified by the regional council;

B.__Prepare all written comments from all sources in a form to be forwarded to the planning district.

C.__Within 60 days after receiving the comprehensive plan or 90 days after receiving the growth management program, send all written comments on the comprehensive plan or growth management program to the planning district and any applicable regional council.__If warranted, the office shall issue findings specifically describing how the submitted plan or growth management program is not consistent with this subchapter and the recommended measures for remedying the deficiencies.__In its findings, the office shall clearly indicate its position on any point on which there are significant conflicts among the written comments submitted to the office.__If the office finds that the comprehensive plan or growth management program was adopted under this subchapter, the office shall issue a finding of consistency for the comprehensive plan or a certificate of consistency for the growth management program.__If the same growth management program or a component of the program has been previously reviewed by the office under this article, any finding of inconsistency on the same program or component must be based on the written findings prepared by the office at the time of the previous review.

(1)__A finding of consistency for a comprehensive plan expires in 5 years if a plan is not adopted by that date.__If the plan is adopted, the finding of consistency expires 10 years from the date of the office's original review finding of the plan or from the date of plan adoption, whichever is earlier.

(2)__Except as provided in subsection 1, certification by the office of a planning district's growth management program under this article is valid for 10 years.__To maintain certification, a planning district shall periodically review its growth management program and submit to the office in a timely manner any revisions necessary to account for changes, including changes caused by growth and development.__ Certification does not lapse in any year in which the Legislature does not appropriate funds to the office for the purposes of reviewing programs for recertification;

D.__Provide ample opportunity for the planning district submitting a comprehensive plan or growth management program to respond to and correct any identified deficiencies in the program.__A finding of inconsistency for a comprehensive

plan or growth management program may be addressed within 24 months of the date of the finding without jeopardizing partial findings of consistency attained during that review.__ After 24 months, the plan or program must be resubmitted in its entirety for state review under the office's current review standards; and

E.__Provide an expedited review and certification procedure for those submissions that represent minor amendments to certified growth management programs.

The office's decision on consistency of a comprehensive plan or growth management program constitutes final agency action.

4.__Updates and amendments.__A planning district may submit proposed amendments to a comprehensive plan or growth management program to the office for review in the same manner as provided for the review of new plans and programs.__Subsequent to voluntary certification under this subsection, the planning district shall file a copy of an amendment to a growth management program with the office within 30 days after adopting the amendment and at least 60 days prior to applying for any state grant program that offers a preference for consistency or certification.

5.__Regional councils.__Subject to the availability of funding and pursuant to the conditions of a contract, each regional council shall review and submit written comments on the comprehensive plan or growth management program of any planning district within its planning region.__The comments must be submitted to the office and contain an analysis of:

A.__Whether the comprehensive plan or growth management program is compatible with identified regional policies and needs; and

B.__Whether the comprehensive plan or growth management program is compatible with those of other municipalities that may be affected by the proposal.

Sec. 28. 30-A MRSA §4348, as amended by PL 1993, c. 166, §11, is repealed.

Sec. 29. 30-A MRSA §4349-A, sub-§1, ¶A, as enacted by PL 1999, c. 776, §10, is amended to read:

A. A locally designated growth area, as identified in a comprehensive plan adopted pursuant to and consistent with the goals and guidelines of this subchapter or as identified

in a growth management program certified under section 4347- A;

Sec. 30. 30-A MRSA §4349-A, sub-§2, as enacted by PL 1999, c. 776, §10, is amended to read:

2. State facilities. The Department of Administrative and Financial Services, Bureau of General Services shall develop site selection criteria for state office buildings, state courts and other state civic buildings that serve public clients and customers, whether owned or leased by the State, that give preference to the priority locations identified in this subsection while ensuring safe, healthy, appropriate work space for employees and clients and accounting for agency requirements. Preference must be given to priority locations in the following order: service center downtowns, service center growth areas and downtowns and growth areas in other than service center communities. If no suitable priority location exists or if the priority location would impose an undue financial hardship on the occupant or is not within a reasonable distance of the clients and customers served, the facility must be located in accordance with subsection 1. The following state facilities are exempt from this subsection: a state liquor store; a lease of less than 500 square feet; and a lease with a tenure of less than one year, including renewals.

For the purposes of this subsection, "service center" means a community that serves the surrounding region, drawing workers, shoppers and others into the community for jobs and services.

Sec. 31. 30-A MRSA §4349-A, sub-§2-A is enacted to read:

2-A.__State's role in implementation of growth management programs.__All state agencies, as partners in local and regional growth management efforts, shall consciously contribute to the successful implementation of comprehensive plans and growth management programs adopted under this subchapter by making investments, delivering programs and awarding grants in a manner that reinforces the policies and strategies within the plans or programs.__Assistance must be provided within the confines of agency policies, available resources and considerations related to overriding state interest.

Sec. 32. 30-A MRSA §4349-A, sub-§3, as enacted by PL 1999, c. 776, §10, is amended to read:

3. Preferences for other state grants and investments. When awarding grants or assistance for capital investments making a discretionary investment under any of the following programs or undertaking its own capital investment programs other than for

projects identified in section 4301, subsection 5-B, a state agency shall respect the primary purpose of its grant or investment program and, to the extent feasible, give preference first to a municipality that receives a certificate of consistency under section 4348 or 4347-A and 2nd to a municipality that has adopted a comprehensive plan and implementation strategies consistent with the goals and guidelines of this subchapter over a municipality that does not obtain the certificate or finding of consistency within 4 years after receipt of the first installment of a financial assistance grant or rejection of an offer of financial assistance. This subsection applies to:

A.__Programs that assist in the acquisition of land for conservation, natural resource protection, open space or recreational facilities under Title 5, chapter 353; and

B.__Programs intended to:

(1)__Accommodate or encourage additional growth and development;

(2)__Improve, expand or construct public facilities; or

(3)__Acquire land for conservation or management of specific economic and natural resource concerns.

This subsection does not apply to state grants or other assistance for sewage treatment facilities, public health programs or education.

The office shall work with state agencies to prepare mechanisms for establishing preferences in specific investment and grant programs as described in paragraphs A and B.

Sec. 33. 30-A MRSA §4350 is enacted to read:

§4350. Evaluation process

The office shall conduct an ongoing evaluation process to determine the effectiveness of state, regional and local efforts under this chapter to achieve the purposes and goals of this chapter.__Working through the Land and Water Resources Council, the office shall seek the assistance of other state agencies.__If requested, all state agencies shall render assistance to the office in this effort.

1. Criteria.__In conducting the evaluation, the office shall develop criteria based on the goals of this chapter.__The

criteria must be objective, verifiable and, to the extent practicable, quantifiable.

2. Baseline conditions.__The office shall establish a baseline of land use conditions at a level of detail sufficient to permit general comparison of state and regional trends in future land use development patterns.

3. Public input.__The office shall incorporate opportunities for public input and comment into the evaluation process.

4. Level of analysis.__The office shall evaluate the program generally at a regional and statewide level.__To illustrate the impact of the program, the office shall compare land use development trends and patterns in a sample of towns that have participated in the program with a matched sample of towns that have not participated.__The evaluation performed by the office shall include an analysis of the State's financial commitment to growth management.

5. Periodic reports.__Beginning on January 1, 1995, the office shall report in writing on the results of its evaluation process every 4 years and more frequently if necessary.__The office shall submit its report to the joint standing committees of the Legislature having jurisdiction over natural resources matters and appropriations and financial affairs, which committees shall submit the report to the Legislature with any comments or recommendations those committees may wish to include.

Sec. 34. Revisor's review; cross-references. The Revisor of Statutes shall review the Maine Revised Statutes and include in the errors and inconsistencies bill submitted to the Second Regular session of the 120th Legislature pursuant to Title 1, section 94, any sections necessary to correct and update any cross-references in the statutes to provisions of law repealed in this Act.

SUMMARY

This bill amends the comprehensive planning and land use regulation laws to add and improve definitions, particularly those related to growth, rural and transitional areas. The bill proposes to protect municipalities from unintended consequences of deadlines in the law by adding a severability clause, limiting the scope of affected ordinances and creating an exemption for municipalities that have been denied financial assistance. The bill reinforces the State's role and regional and municipal roles in growth management, more clearly enables multimunicipal planning efforts and allows for those within the Maine Land Use

Regulation Commission's jurisdiction to participate if desired. The bill extends the exemption for designating residential growth areas to commercial and industrial areas in small, slow-growing municipalities. Procedural adjustments are made in the state review and financial assistance program guidelines to reflect the aging of the program and introduction of a competitive grant application process. The bill reinstates preferences in state grant programs and investments for municipalities with certified growth management programs and comprehensive plans that were inadvertently eliminated in the amendments adopted in the last legislative session and clarifies that the State Planning Office has rule-making authority to administer the Maine Revised Statutes, Title 30-A, chapter 187.