123rd MAINE LEGISLATURE
LD 1810 LR 2241(03)
An Act To Enact the Informed Growth Act
Fiscal Note for Bill as Amended by Committee Amendment "     "
Committee: State and Local Government
Fiscal Note Required: Yes
             
Fiscal Note
State Mandate - Unfunded
State Mandates
Required Activity Unit Affected Costs
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
Fiscal Detail and Notes
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.