‘Resolve, To Establish the Committee To Review the Maine Land Use Regulation Commission's Practices’

‘Sec. 1. Committee established. Resolved: That the Committee To Review the Maine Land Use Regulation Commission's Practices, referred to in this resolve as the "LURC review committee," is established; and be it further

Sec. 2. Committee membership. Resolved: That the LURC review committee consists of 13 members appointed as follows:

1. Three members of the Senate, appointed by the President of the Senate, including 2 from the party with the largest number of seats in the Legislature and one from the party with the 2nd largest number of seats in the Legislature;

2. Four members of the House of Representatives, appointed by the Speaker of the House, including 2 from each of the 2 parties holding the largest number of seats in the Legislature;

3. One county commissioner, appointed by the Speaker of the House;

4. One county commissioner, appointed by the House Minority Leader;

5. One member representing a major landowner, appointed by the President of the Senate;

6. One member representing both Maine Audubon and the Natural Resources Council of Maine, appointed by the Speaker of the House;

7. One land use planner representing the Maine Association of Planners, appointed by the President of the Senate; and

8. One member representing the interests of outdoor recreation tourism businesses located within the unorganized territories, appointed by the Speaker of the House; and be it further

Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the LURC review committee; and be it further

Sec. 4. Appointments; convening of committee. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. After appointment of all members, the chairs shall call and convene the first meeting of the LURC review committee. If 30 days or more after the effective date of this resolve a majority of but not all appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the LURC review committee to meet and conduct its business; and be it further

Sec. 5. Duties. Resolved: That the LURC review committee shall:

1. Review historical permitting data of the Maine Land Use Regulation Commission, referred to in this resolve as "LURC," to assess the agency's performance in processing permit applications and identify and propose process improvements, including suggestions that could increase permit processing timelines;

2. Review LURC's regulations and guidance documents to identify opportunities to make them clearer and more efficient for applicants;

3. Review LURC Rule Chapter 10.25: Development Standards, Rule Chapter 10.26: Dimensional Requirements and Rule Chapter 10.27: Activity-Specific Standards to determine if there are ways to make them more business friendly while maintaining environmental protection;

4. Compare LURC's rules with those of a similar nature administered by municipalities and the Department of Environmental Protection to determine whether more consistency between the rules is desirable, and, if so, determine ways to make them more consistent;

5. Recommend ways in which LURC can better receive and incorporate local community input;

6. Explore the desirability of establishing a new position at LURC to serve as an ombudsman to assist applicants in the permit application process;

7. Determine whether regulation of timber harvesting and activities related to timber harvesting should be transferred to the Maine Forest Service;

8. Determine whether any permitting activities currently performed by LURC should be transferred to the Department of Environmental Protection;

9. Suggest one or more regions that should be priorities for prospective zoning by LURC;

10. Consider ways to ensure that, as LURC reviews applications, LURC has the benefit of the expertise of the agency responsible for economic development in the county in which the application LURC is reviewing is located; and

11. Review the current and historical membership of LURC to determine whether there is adequate representation of residents of unorganized townships and adjacent service center communities and of the counties in which unorganized territories are located.

All meetings of the LURC review committee must be open to the public. The LURC review committee may choose to take public comment if it would be helpful in its review; and be it further

Sec. 6. Staff assistance. Resolved: That LURC shall provide necessary staffing services to the LURC review committee; and be it further

Sec. 7. Report. Resolved: That, no later than January 2, 2012, the LURC review committee shall submit a report that includes its findings and recommendations, including suggested legislation, to the Joint Standing Committee on Agriculture, Conservation and Forestry. Following receipt and review of the report, the Joint Standing Committee on Agriculture, Conservation and Forestry may report out a bill to the Second Regular Session of the 125th Legislature to implement the LURC review committee's recommendations.’