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123rd MAINE LEGISLATURE |
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LD 1810 |
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LR 2241(03) |
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An Act To Enact
the Informed Growth Act |
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Fiscal Note for
Bill as Amended by Committee Amendment " " |
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Committee: State and Local Government |
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Fiscal Note Required: Yes |
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Fiscal Note |
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State Mandate - Unfunded |
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State Mandates |
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Required Activity |
Unit Affected |
Costs |
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Requiring
municipalities prepare comprehensive impact studies is a state mandate
pursuant to the Constitution of Maine.
Public hearings and related administrative activites surrounding the
permitting process are also mandated activities. The additional costs to accomplish these
activities are expected to be significant. |
Municipality |
Significant |
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Fiscal Detail
and Notes |
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The
bill requires permit applicants to pay $40,000 to the municipality. Although this payment reimburses the
municipality for costs incurred in contracting for the comprehensive economic
impact study and related costs, 30-A MRSA § 5685(3A) does not permit the
state to meet its obligation to provide funding for mandated activities by
authorizing a local unit of government to levy fees or taxes. Therefore, despite reimbursement from the
permit applicant, without state reimbursement this bill will still be an
unfunded state mandate. Without
funding or a mandate preamble exempting the state from such funding,
municipalities may not be required to adhere to the provisions of this
bill. |
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