‘Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the 90-day period may not terminate until after the beginning of the next fiscal year; and

Whereas,  certain obligations and expenses incident to the operation of state departments and institutions will become due and payable immediately; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

PART C

Sec. C-1. 20-A MRSA §1462, sub-§2,  as enacted by PL 2007, c. 240, Pt. XXXX, §13, is amended to read:

Sec. C-2. 20-A MRSA §15671, sub-§7, ¶A,  as amended by PL 2011, c. 380, Pt. C, §1, is further amended to read:

Sec. C-3. 20-A MRSA §15671, sub-§7, ¶B,  as amended by PL 2011, c. 477, Pt. C, §1, is further amended to read:

Sec. C-4. 20-A MRSA §15671, sub-§7, ¶C,  as amended by PL 2011, c. 477, Pt. C, §2, is further amended to read:

Sec. C-5. 20-A MRSA §15671-A, sub-§2, ¶B,  as amended by PL 2011, c. 477, Pt. C, §3, is further amended to read:

Sec. C-6. 20-A MRSA §15672, sub-§25-A,  as enacted by PL 2007, c. 668, §35, is amended to read:

Sec. C-7. 20-A MRSA §15683-A,  as amended by PL 2009, c. 213, Pt. C, §7, is further amended to read:

§ 15683-A. Total debt service allocation

For each school administrative unit, that unit's total debt service allocation is that unit's debt service costs as defined in section 15672, subsection 2-A. For the 2008-09 and 2009-10 funding years only, for each school administrative unit, that unit's total debt service allocation is that unit's debt service costs as defined in section 15672, subsection 2-A excluding 80% of the insured value factor pursuant to section 15672, subsection 2-A, paragraph C. For the 2010-11 funding year only, each Each school administrative unit's total debt service allocation must include the portion of the tuition cost applicable to the insured value factor for the base year computed under section 5806 limited to an insured value factor no greater than 5% for each eligible student.

Sec. C-8. 20-A MRSA §15689, sub-§1, ¶A,  as amended by PL 2009, c. 571, Pt. E, §21, is further amended to read:

Sec. C-9. 20-A MRSA §15689, sub-§1, ¶B,  as repealed and replaced by PL 2009, c. 571, Pt. E, §22, is amended to read:

Sec. C-10. 20-A MRSA §15689, sub-§12  is enacted to read:

Sec. C-11. 20-A MRSA §15689-A, sub-§§21 and 22  are enacted to read:

Sec. C-12. 20-A MRSA §15690, sub-§1, ¶D,  as enacted by PL 2009, c. 571, Pt. E, §25, is amended to read:

Sec. C-13. PL 2011, c. 380, Pt. C, §§8 and 9,  as amended by PL 2011, c. 477, Pt. C, §4, are further amended to read:

Sec. C-8. Total cost of funding public education from kindergarten to grade 12. The total cost of funding public education from kindergarten to grade 12 for fiscal year 2011-12 is as follows:

			2011-12
			TOTAL
Total Operating Allocation
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 without transitions percentage		$1,390,771,314
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 97% transitions percentage		$1,349,048,174
	Total other subsidizable costs pursuant to the Maine Revised Statutes, Title 20-A, section 15681-A		$413,851,257
Total Operating Allocation
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 and total other subsidizable costs pursuant to Title 20-A, section 15681-A		$1,762,899,431
Total Debt Service Allocation
	Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A		$104,575,834
Total Adjustments and Miscellaneous Costs
	Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, sections 15689 and 15689-A		$67,593,846 $63,894,104
Total Cost of Funding Public Education from Kindergarten to Grade 12
	Total cost of funding public education from kindergarten to grade 12 for fiscal year 2011-12 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B		$1,935,069,111 $1,931,369,369
	Total cost of the state contribution to teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2011-12 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423		$172,592,848
	Adjustment pursuant to the Maine Revised Statutes, Title 20-A, section 15683, subsection 2		$41,723,140
	Total cost of funding public education from kindergarten to grade 12		$2,149,385,099 $2,145,685,357

Sec. C-9. Local and state contributions to total cost of funding public education from kindergarten to grade 12. The local contribution and the state contribution appropriation provided for general purpose aid for local schools for the fiscal year beginning July 1, 2011 and ending June 30, 2012 is calculated as follows:

		2011-12	2011-12
		LOCAL	STATE
Local and State Contributions to the Total Cost of Funding Public Education from Kindergarten to Grade 12
	Local and state contributions to the total cost of funding public education from kindergarten to grade 12 pursuant to the Maine Revised Statutes, Title 20-A, section 15683 - subject to statewide distributions required by law	$1,042,466,969	$892,602,142 $888,902,400
	State contribution to the total cost of teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2011-12 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423		$172,592,848
	State contribution to the total cost of funding public education from kindergarten to grade 12		$1,065,194,990 $1,061,495,248

Sec. C-14. Mill expectation. The mill expectation pursuant to the Maine Revised Statutes, Title 20-A, section 15671-A for fiscal year 2012-13 is 7.69.

Sec. C-15. Total cost of funding public education from kindergarten to grade 12. The total cost of funding public education from kindergarten to grade 12 for fiscal year 2012-13 is as follows:

			2012-13
			TOTAL
Total Operating Allocation
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 without transitions percentage		$1,395,869,772
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 with 97% transitions percentage		$1,353,993,679
	Total other subsidizable costs pursuant to the Maine Revised Statutes, Title 20-A, section 15681-A		$429,737,826
Total Operating Allocation
	Total operating allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683 and total other subsidizable costs pursuant to Title 20-A, section 15681-A		$1,783,731,505
Total Debt Service Allocation
	Total debt service allocation pursuant to the Maine Revised Statutes, Title 20-A, section 15683-A		$103,872,675
Total Adjustments and Miscellaneous Costs
	Total adjustments and miscellaneous costs pursuant to the Maine Revised Statutes, Title 20-A, sections 15689 and 15689-A		$66,749,900
Total Cost of Funding Public Education from Kindergarten to Grade 12
	Total cost of funding public education from kindergarten to grade 12 for fiscal year 2012-13 pursuant to the Maine Revised Statutes, Title 20-A, chapter 606-B		$1,954,354,080
	Total cost of the state contribution to teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2012-13 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423		$174,932,892
	Adjustment pursuant to the Maine Revised Statutes, Title 20-A, section 15683, subsection 2		$41,876,093
	Total cost of funding public education from kindergarten to grade 12		$2,171,163,065

Sec. C-16. Local and state contributions to total cost of funding public education from kindergarten to grade 12. The local contribution and the state contribution appropriation provided for general purpose aid for local schools for the fiscal year beginning July 1, 2012 and ending June 30, 2013 is calculated as follows:

		2012-13	2012-13
		LOCAL	STATE
Local and State Contributions to the Total Cost of Funding Public Education from Kindergarten to Grade 12
	Local and state contributions to the total cost of funding public education from kindergarten to grade 12 pursuant to the Maine Revised Statutes, Title 20-A, section 15683 - subject to statewide distributions required by law	$1,043,692,866	$910,661,214
	State contribution to the total cost of teacher retirement, teacher retirement health insurance and teacher retirement life insurance for fiscal year 2012-13 pursuant to the Maine Revised Statutes, Title 5, chapters 421 and 423		$174,932,892
	State contribution to the total cost of funding public education from kindergarten to grade 12		$1,085,594,106

Sec. C-17. Limit of State's obligation. If the State's continued obligation for any individual component contained in those sections of this Part that set the total cost of funding public education from kindergarten to grade 12 and the local and state contributions for that purpose exceeds the level of funding provided for that component, any unexpended balances occurring in other programs may be applied to avoid proration of payments for any individual component. Any unexpended balances from this Part may not lapse but must be carried forward for the same purpose.

Sec. C-18. Authorization of payments. Those sections of this Part that set the total cost of funding public education from kindergarten to grade 12 and the local and state contributions for that purpose may not be construed to require the State to provide payments that exceed the appropriation of funds for general purpose aid for local schools for the fiscal year beginning July 1, 2012 and ending June 30, 2013.

PART D

Sec. D-1. 5 MRSA §931, sub-§1, ¶G,  as enacted by PL 1983, c. 729, §4, is amended to read:

Sec. D-2. 5 MRSA §937, sub-§1, ¶A,  as amended by PL 2007, c. 1, Pt. D, §1, is further amended to read:

Sec. D-3. 5 MRSA §937, sub-§1, ¶F,  as amended by PL 2011, c. 380, Pt. PPP, §1, is further amended to read:

Sec. D-4. 5 MRSA §937, sub-§1, ¶¶K, L and M  are enacted to read:

Sec. D-5. 5 MRSA §942, sub-§1,  as amended by PL 1983, c. 862, §14, is further amended to read:

Sec. D-6. 5 MRSA §943, sub-§1, ¶¶J and K,  as enacted by PL 1995, c. 560, Pt. G, §3, are amended to read:

Sec. D-7. 5 MRSA §943, sub-§1, ¶¶L and M  are enacted to read:

Sec. D-8. 12 MRSA §10103, sub-§1-A  is enacted to read:

Sec. D-9. 20-A MRSA §203, sub-§1, ¶A,  as amended by PL 2009, c. 571, Pt. W, §1, is further amended to read:

Sec. D-10. 20-A MRSA §203, sub-§1, ¶F,  as amended by PL 2011, c. 380, Pt. PPP, §2, is further amended to read:

Sec. D-11. 20-A MRSA §203, sub-§1, ¶K  is enacted to read:

Sec. D-12. 26 MRSA §1401-B, sub-§1, ¶B,  as amended by PL 2007, c. 1, Pt. D, §4, is further amended to read:

PART E

Sec. E-1. 20-A MRSA §2307, first ¶,  as amended by PL 2007, c. 668, §28 and affected by §55, is further amended to read:

Notwithstanding any other law, municipal school budgets developed after January 1, 2008 must follow the same school budget requirements as regional school units pursuant to chapter 103-A, except as described in subsections 1 and 2. A municipal school unit is deemed to be a regional school unit solely for the purpose of developing a budget pursuant to chapter 103-A. A municipality has the same authority to commit property taxes as provided in section 1487.

PART F

Sec. F-1. 20-A MRSA §15689, sub-§12  is enacted to read:

PART G

Sec. G-1. Transfer of funds. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, for fiscal years 2011-12 and 2012-13, the Commissioner of Education is authorized to identify savings within existing General Fund programs of the Department of Education and transfer up to $150,000 in available balances by financial order upon the recommendation of the State Budget Officer and approval of the Governor from existing General Fund program accounts to the State Charter School Commission program in order to provide start-up funding for the oversight of public charter schools.

PART H

Sec. H-1. Department of Education; General Purpose Aid for Local Schools; lapsed balances. Notwithstanding any other provision of law, $10,009,774 of unencumbered balance forward from the Department of Education, General Purpose Aid for Local Schools program, General Fund carrying account, All Other line category lapses to the General Fund no later than June 30, 2012.

PART I

Sec. I-1. 2 MRSA §6, sub-§2,  as amended by PL 2007, c. 539, Pt. N, §1 and affected by c. 695, Pt. A, §47, is further amended to read:

Sec. I-2. 2 MRSA §6, sub-§3,  as amended by PL 2011, c. 380, Pt. WWW, §1, is further amended to read:

Sec. I-3. 5 MRSA §282, 2nd ¶,  as amended by PL 1985, c. 785, Pt. B, §14, is further amended to read:

The commissioner may employ such other deputies, division heads, assistants and employees as may be necessary, subject to the Civil Service Law. In addition, the commissioner may employ a Director of Compliance to carry out departmental responsibilities related to: Labor relations and labor contract compliance; human rights and affirmative action compliance; and , audit guidelines and other 3rd-party compliance requirements. The Director of Compliance shall serve serves at the pleasure of the commissioner. In addition, the commissioner may employ an Associate Commissioner for Tax Policy to supervise and direct the tax policy analysis, guidance and communications activities of the Office of Tax Policy within the Bureau of Revenue Services. The Associate Commissioner for Tax Policy serves at the pleasure of the commissioner.

Sec. I-4. 5 MRSA §931, sub-§1, ¶L-2,  as amended by PL 2005, c. 218, §2, is repealed.

Sec. I-5. 5 MRSA §947-B, sub-§1,  as amended by PL 2007, c. 240, Pt. HH, §2, is further amended to read:

Sec. I-6. 5 MRSA §1710-E,  as amended by PL 2001, c. 2, §1, is further amended to read:

§ 1710-E. Revenue Forecasting Committee; established; membership

There is established the Revenue Forecasting Committee, referred to in this chapter as the "committee," for the purpose of providing the Governor, the Legislature and the State Budget Officer with analyses, findings and recommendations relating to the projection of revenues for the General Fund and the Highway Fund based on economic assumptions recommended by the Consensus Economic Forecasting Commission. The committee includes the State Budget Officer, the State Tax Assessor Associate Commissioner for Tax Policy, the State Economist, an economist on the faculty of the University of Maine System selected by the chancellor, the Director of the Office of Fiscal and Program Review and another member of the Legislature's nonpartisan staff familiar with revenue estimating issues appointed by the Legislative Council. One of the 6 members must be selected by a majority vote of the committee members to serve as the chair of the committee.

Sec. I-7. 36 MRSA §112, sub-§2,  as repealed and replaced by PL 1999, c. 127, Pt. A, §48, is amended to read:

Sec. I-8. 36 MRSA §112, sub-§7,  as amended by PL 1997, c. 526, §7, is further amended to read:

Sec. I-9. 36 MRSA §191, sub-§2, ¶F,  as amended by PL 2003, c. 673, Pt. DD, §2 and c. 689, Pt. B, §6 and c. 705, §3, is further amended to read:

Sec. I-10. Appointment. The Commissioner of Administrative and Financial Services shall appoint the person holding the position of Director of Econometric Research on December 9, 2011 to the Associate Commissioner for Tax Policy position effective December 10, 2011.

Sec. I-11. Retroactivity. This Part applies retroactively to December 10, 2011.

PART J

Sec. J-1. PL 2011, c. 428, §8  is amended to read:

Sec. 8. Appropriations and allocations. The following appropriations and allocations are made.

CORRECTIONS, STATE BOARD OF

State Board of Corrections Investment Fund Z075 Z087

Initiative: Provides funds to support the cost of an anticipated increase in the number of incarcerations related to synthetic cannabinoids.

GENERAL FUND	2011-12	2012-13
All Other	$0	$3,132
GENERAL FUND TOTAL	$0	$3,132

CORRECTIONS, STATE BOARD OF
DEPARTMENT TOTALS	2011-12	2012-13
GENERAL FUND	$0	$3,132
DEPARTMENT TOTAL - ALL FUNDS	$0	$3,132

INDIGENT LEGAL SERVICES, MAINE COMMISSION ON

Maine Commission on Indigent Legal Services Z112

Initiative: Provides funds for an anticipated increase in the cost of court-appointed counsel as a result of adding synthetic cannabinoids to the list of schedule Z drugs.

GENERAL FUND	2011-12	2012-13
All Other	$0	$3,110
GENERAL FUND TOTAL	$0	$3,110

INDIGENT LEGAL SERVICES, MAINE COMMISSION ON
DEPARTMENT TOTALS	2011-12	2012-13
GENERAL FUND	$0	$3,110
DEPARTMENT TOTAL - ALL FUNDS	$0	$3,110

SECTION TOTALS	2011-12	2012-13
GENERAL FUND	$0	$6,242
SECTION TOTAL - ALL FUNDS	$0	$6,242

Sec. J-2. PL 2011, c. 448, §3  is amended to read:

Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.

CORRECTIONS, STATE BOARD OF

State Board of Corrections Investment Fund Z075 Z087

Initiative: Provides funds to the State Board of Corrections for the costs associated with establishing a new Class E offense.

GENERAL FUND	2011-12	2012-13
All Other	$0	$3,132
GENERAL FUND TOTAL	$0	$3,132

Sec. J-3. PL 2011, c. 455, §3  is amended to read:

Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.

CORRECTIONS, STATE BOARD OF

State Board of Corrections Investment Fund Z075 Z087

Initiative: Provides funds for the State Board of Corrections for an anticipated increase in county jail costs.

GENERAL FUND	2011-12	2012-13
All Other	$0	$3,132
GENERAL FUND TOTAL	$0	$3,132

PART K

Sec. K-1. 5 MRSA §1667-B, sub-§§3 and 4,  as enacted by PL 2005, c. 12, Pt. T, §7, are amended to read:

PART L

Sec. L-1. 5 MRSA §1710-F, sub-§2,  as amended by PL 2009, c. 461, §1, is further amended to read:

Sec. L-2. 30-A MRSA §5250-J, sub-§4-B,  as enacted by PL 2009, c. 461, §20, is repealed.

Sec. L-3. 36 MRSA §2016, sub-§6,  as amended by PL 2009, c. 461, §25, is further amended to read:

PART M

Sec. M-1. 22 MRSA §1511, sub-§13  is enacted to read:

PART N

Sec. N-1. PL 2009, c. 571, Pt. KKK, §1  is amended to read:

Sec. KKK-1. Debt service. For the 2012-2013 biennial budget, the baseline appropriation for the Debt Service - UMS program within the University of Maine System is increased by $850,000 $767,950 per year for debt service costs to support a 10-year revenue bond to bring facilities at the University of Maine into compliance and remove asbestos and mercury contamination, with the first year of debt service starting in fiscal year 2011-12 2012-13.

PART O

Sec. O-1. 5 MRSA §1532, sub-§8  is enacted to read:

PART P

Sec. P-1. 35-A MRSA §1701, sub-§3,  as amended by PL 2001, c. 476, §1, is further amended to read:

PART Q

Sec. Q-1. 5 MRSA §1591, sub-§5  is enacted to read:

PART R

Sec. R-1. 22 MRSA §4305, sub-§3-C  is enacted to read:

Sec. R-2. 22 MRSA §4308, sub-§§1-A and 1-B  are enacted to read:

Sec. R-3. Temporary reduction in 90% general assistance reimbursement. Notwithstanding the Maine Revised Statutes, Title 22, section 4311, subsection 1, for the period from July 1, 2012 to June 30, 2013, the state reimbursement rate pursuant to the Maine Revised Statutes, Title 22, section 4311, subsection 1 is reduced to 85% for a municipality that incurs net general assistance costs in a fiscal year in excess of .0003 of that municipality's most recent state valuation.

Sec. R-4. General assistance working group. The Commissioner of Health and Human Services or the commissioner's designee shall convene a working group to review and make recommendations related to the general assistance program under the Maine Revised Statutes, Title 22, chapter 1161, referred to in this section as "the general assistance program." The commissioner or the commissioner's designee shall convene the first meeting of the working group no later than June 1, 2012.

1. Members. The working group consists of 9 members, 7 of whom are voting members and 2 of whom are nonvoting members.

The working group may create subgroups to work on specific issues or initiatives and may include individuals who are not working group members.

2. Duties. In developing its recommendations under this section, the working group shall:

3. Report. No later than December 1, 2012, the Commissioner of Health and Human Services shall submit the report and recommendations developed pursuant to this section, including any suggested legislation, to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services.

Sec. R-5. General assistance pilot program. The Commissioner of Health and Human Services shall establish a pilot program designed to further the objectives of the working group established in this Part and to reduce General Fund costs and costs of the general assistance program under the Maine Revised Statutes, Title 22, chapter 1161 by maximizing access to federal assistance programs for which applicants for or recipients of general assistance may be eligible. Under the pilot program, the 7 limited-period Family Independence Specialist positions established in Part A shall work to maximize and expedite the award of federal supplemental security income benefits for recipients of general assistance and to identify and assist veterans who receive assistance through programs administered by the Department of Health and Human Services, Office for Family Independence who may be eligible for cash or medical assistance from the United States Department of Veterans Affairs to obtain those benefits. On or before June 30, 2013, the commissioner shall submit a report regarding the operations and effect of the pilot program to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and to the joint standing committee of the Legislature having jurisdiction over health and human services matters.

PART S

Sec. S-1. 22 MRSA §3762, sub-§8, ¶D,  as enacted by PL 2007, c. 539, Pt. XX, §2, is repealed.

Sec. S-2. 22 MRSA §3762, sub-§8, ¶F  is enacted to read:

PART T

Sec. T-1. 22 MRSA §1708, sub-§4,  as enacted by PL 1991, c. 622, Pt. M, §8 and affected by §9, is repealed.

PART U

Sec. U-1. 22 MRSA §3273, sub-§10  is enacted to read:

PART V

Sec. V-1. 5 MRSA §1591, sub-§2,  as amended by PL 2011, c. 380, Pt. UUU, §§1 to 3, is further amended to read:

PART W

Sec. W-1. 4 MRSA §1, 4th ¶,  as enacted by PL 2009, c. 213, Pt. QQ, §1, is amended to read:

The Chief Justice, as head of the judicial branch, shall prepare the budget for the judicial branch. The Chief Justice may approve financial orders for transfers and revisions of and increases to allotment within the judicial branch in accordance with procedures for financial orders established in the executive branch. The Chief Justice shall provide a copy of each approved financial order to the Department of Administrative and Financial Services, Bureau of the Budget and the Office of Fiscal and Program Review.

PART X

Sec. X-1. Personal Services balances authorized to carry; Department of Corrections. Notwithstanding any other provision of law, the Department of Corrections is authorized to carry all fiscal year 2011-12 year-end balances in the Personal Services line category of General Fund accounts after all financial commitments and budgetary adjustments have been made to fiscal year 2012-13 to the Capital Expenditures line category in the Capital Construction/Repairs/Improvements - Corrections program, General Fund account in the Department of Corrections to be used for the purpose of making capital improvements to correctional facilities.

PART Y

Sec. Y-1. Transfer of funds; Department of Public Safety; Criminal Justice Academy program. Notwithstanding any other provision of law, the State Controller shall transfer $600,000 from the unappropriated surplus of the General Fund to the Criminal Justice Academy program, Other Special Revenue Funds account within the Department of Public Safety no later than June 30, 2012.

PART Z

Sec. Z-1. Transfer of funds; Department of Public Safety, Fire Marshal - Office of account. Notwithstanding any other provision of law, the State Controller shall transfer $700,000 from the unappropriated surplus of the General Fund to the Fire Marshal - Office of program, Other Special Revenue Funds account within the Department of Public Safety no later than June 30, 2012.

PART AA

Sec. AA-1. Transfer of funds; Commission on Governmental Ethics and Election Practices program. Notwithstanding any other provision of law, the State Controller shall transfer $1,300,000 on or before June 30, 2012 and $950,000 on or before June 30, 2013 from the Commission on Governmental Ethics and Election Practices program, Other Special Revenue Funds account to the unappropriated surplus of the General Fund.

PART BB

Sec. BB-1. Department of Labor; lapsed balances. Notwithstanding any other provision of law, $451,183 of unencumbered balance forward from the Department of Labor, Governor's Training Initiative Program, General Fund account, All Other line category, lapses to the General Fund no later than June 30, 2012.

PART CC

Sec. CC-1. 2 MRSA §6, sub-§3,  as amended by PL 2011, c. 380, Pt. WWW, §1, is further amended to read:

Sec. CC-2. 3 MRSA §959, sub-§1, ¶M,  as amended by PL 2003, c. 600, §1, is further amended to read:

Sec. CC-3. 5 MRSA c. 311,  as amended, is repealed.

Sec. CC-4. Effective date. This Part takes effect July 1, 2012.

PART DD

Sec. DD-1. 5 MRSA §1531, sub-§1,  as enacted by PL 2005, c. 2, Pt. A, §5 and affected by §14, is amended to read:

Sec. DD-2. 5 MRSA §1531, sub-§2,  as amended by PL 2005, c. 621, §1, is further amended to read:

Sec. DD-3. 5 MRSA §1710-D,  as enacted by PL 1995, c. 368, Pt. J, §1, is amended to read:

§ 1710-D. Staffing

The commission may receive staff support from the State Planning Office Governor's Office of Policy and Management.

Sec. DD-4. 5 MRSA §1710-I,  as amended by PL 1997, c. 526, §14, is further amended to read:

§ 1710-I. Staffing

The committee may receive staff assistance from the Bureau of the Budget, the State Planning Office Governor's Office of Policy and Management, the Bureau of Revenue Services and, at the discretion of the Legislature, the Office of Fiscal and Program Review. The committee may also utilize other professionals having revenue forecasting, economic and fiscal expertise.

Sec. DD-5. 5 MRSA c. 310  is enacted to read:

CHAPTER 310

GOVERNOR'S OFFICE OF POLICY AND MANAGEMENT

§ 3101.  Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

§ 3102.  Office established; purpose

The Governor's Office of Policy and Management is established in the Executive Department to facilitate achievement of long-term state economic goals and objectives and identification and implementation of opportunities to improve the efficiency and effectiveness of the performance of the functions of and delivery of services by State Government.

§ 3103.  Director

The Director of the Governor's Office of Policy and Management is appointed by the Governor and serves at the pleasure of the Governor.

§ 3104.  Powers and duties

The director is authorized to exercise the powers and is responsible for fulfillment of the duties of the office provided for by this section.

§ 3105.  Acceptance and administration of funds

The office may accept, administer and expend funds, including but not limited to funds from the Federal Government or from private sources, for purposes consistent with this chapter. The director shall provide a report of the amount of any outside funding received from private sources and its designated purpose to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs no later than 30 days after receiving the funds.

§ 3106.  Contracts

The office may contract with public and private entities for research and analysis and other services as the director determines necessary to address the office's duties under this chapter. The director shall provide a report of the contracts awarded to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs no later than 30 days after awarding the contract.

§ 3107.  Governmental cooperation; temporary reassignment of governmental employees

All departments, agencies, authorities, boards, commissions and other instrumentalities of the State shall, at the director's request, assist the office in the gathering of information, reports and data that relate to the performance of the duties of the office. Subject to approval by the Governor, at the request of the director a state agency shall, as provided in chapter 309, assign qualified personnel to the office for a period of up to 6 months to assist the office in the performance of its duties.

§ 3108.  Confidential or proprietary information

Sec. DD-6. 5 MRSA §13056, sub-§3,  as enacted by PL 1987, c. 534, Pt. A, §§17 and 19, is amended to read:

Sec. DD-7. 5 MRSA §13120-Q, first ¶,  as enacted by PL 2001, c. 703, §6, is amended to read:

The authority, with the advice of the department, the Department of Labor , the State Planning Office and such other agencies it determines appropriate, may waive the requirements of section 13120-P, subsection 2, paragraph E and section 13120-P, subsection 3, paragraph E if the municipality has experienced a historical lack of private investment and it is reasonably expected that private investment will not be available to assist with project financing and one of the following conditions is met:

Sec. DD-8. 10 MRSA §363, sub-§2-A,  as amended by PL 1999, c. 728, §2, is further amended to read:

Sec. DD-9. 12 MRSA §8876, sub-§2,  as amended by PL 1997, c. 720, §9, is further amended to read:

Sec. DD-10. 26 MRSA §3,  as amended by PL 1997, c. 132, §1, is further amended to read:

§ 3. Records confidential

All information and reports recorded by the director or the director's authorized agents under this Title are confidential, and no names of individuals, firms or corporations may be used in any reports of the director nor made available for public inspection. The director may release information and reports to other government agencies if the director believes that the information will serve to further the protection of the public or assist in the enforcement of local, state and federal laws. The director may also release information and reports to the public pertaining to final bureau action taken under the authority of this Title. Records pertaining to the work force, employment patterns, wage rates, poverty and low-income patterns, economically distressed communities and regions and other similar information and data must be made available to the Department of Economic and Community Development and to the State Planning Office Governor's Office of Policy and Management for the purposes of analysis and evaluation, measuring and monitoring poverty and economic and social conditions throughout the State and to promote economic development with the understanding that the confidentiality of the information will be maintained.

Sec. DD-11. 30-A MRSA §5652, sub-§2,  as enacted by PL 2007, c. 405, §2, is amended to read:

Sec. DD-12. 30-A MRSA §5724, sub-§10,  as enacted by PL 2007, c. 405, §3, is amended to read:

Sec. DD-13. 30-A MRSA §5903, sub-§6-A,  as enacted by PL 1989, c. 48, §§14 and 31, is amended to read:

Sec. DD-14. 35-A MRSA §3454, first ¶,  as enacted by PL 2007, c. 661, Pt. A, §7, is amended to read:

In making findings pursuant to Title 12, section 685-B, subsection 4 or Title 38, section 484, subsection 3, the primary siting authority shall presume that an expedited wind energy development provides energy and emissions-related benefits described in section 3402 and shall make additional findings regarding other tangible benefits provided by the development. The Department of Labor, the Executive Department, State Planning Office Governor's Office of Policy and Management, the Governor's Energy Office and the Public Utilities Commission shall provide review comments if requested by the primary siting authority.

Sec. DD-15. 35-A MRSA §3454, sub-§5,  as enacted by PL 2009, c. 642, Pt. A, §7, is amended to read:

Sec. DD-16. 36 MRSA §6759,  as enacted by PL 1995, c. 669, §5, is amended to read:

§ 6759. Program administration

The commissioner shall administer this Act. The commissioner and the State Tax Assessor may adopt rules pursuant to the Maine Administrative Procedure Act for implementation of the program, including, but not limited to, rules for determining and certifying eligibility. The commissioner may also by rule establish fees, including fees payable to the State Tax Assessor and the State Planning Office for obligations under this chapter. Any fees collected pursuant to this chapter must be deposited into a special revenue account administered by the State Tax Assessor and those fees may be used only to defray the actual costs of administering this Act.

Sec. DD-17. 36 MRSA §7302,  as enacted by PL 2005, c. 2, Pt. H, §2, is amended to read:

§ 7302. Progress reporting and data

Sec. DD-18. 38 MRSA §484, sub-§10,  as amended by PL 2009, c. 615, Pt. E, §18, is further amended to read:

Sec. DD-19. Resolve 1997, c. 36, §1  is repealed.

Sec. DD-20. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 5, Part 8, in the part headnote, the words "state planning" are amended to read "policy and management" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. DD-21. Initial recommendations. No later than December 1, 2012, the Governor's Office of Policy and Management shall develop and recommend to the Governor and the Legislature changes in the structure, functions or operations of State Government to achieve General Fund savings of at least $1,000,000 during fiscal year 2013-14 and at least $1,000,000 during fiscal year 2014-15.

Sec. DD-22. Creation of Governor’s Office of Policy and Management; elimination of the Executive Department, State Planning Office; transition provisions. The following transition provisions govern the creation of the Governor's Office of Policy and Management and the elimination of the Executive Department, State Planning Office.

1. The Governor's Office of Policy and Management, referred to in this section as "the office," is created as of May 1, 2012. The Governor shall appoint the Director of the Governor's Office of Policy and Management at any time on or after that date. The director shall organize the office, including creation of up to 4 temporary positions by financial order pursuant to this Act, to be hired on or after July 1, 2012. The director shall provide a report to the chairs of the Joint Standing Committee on Appropriations and Financial Affairs within 30 days of creating the temporary positions by financial order. Of the temporary positions created, only one of the positions may be an attorney position performing the usual and customary functions of an attorney admitted to the bar. The director shall submit a request to continue the positions in the biennial budget for 2014-2015.

2. The Executive Department, State Planning Office is eliminated on July 1, 2012. All transfers of Executive Department, State Planning Office responsibilities to the Governor’s Office of Policy and Management under this Act are effective on July 1, 2012.

3. All records, property and equipment previously belonging to or allocated for the use of the Executive Department, State Planning Office that have not otherwise been provided for under this Act become the property of the Governor’s Office of Policy and Management.

Sec. DD-23. Transition provisions; economics and demographics matters. The following provisions apply to the reassignment of duties, responsibilities and activities of the Executive Department, State Planning Office regarding economics and demographics.

1. Two authorized positions and incumbent personnel in the Executive Department, State Planning Office that are assigned to that office's economics and demographics program are transferred to the Governor's Office of Policy and Management. These employees must retain their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

2. If so designated by the Governor, the Department of Labor is authorized to serve as the State Data Center for purposes of the State Data Center Program administered by the United States Department of Commerce, United States Census Bureau and to develop a memorandum of agreement with the bureau that outlines responsibilities of the department and bureau under the State Data Center Program.

Sec. DD-24. Effective date. This Part takes effect May 1, 2012.

PART EE

Sec. EE-1. 5 MRSA §2003, sub-§2, ¶D,  as enacted by PL 2005, c. 12, Pt. SS, §16, is amended to read:

Sec. EE-2. 5 MRSA §3331,  as amended by PL 2009, c. 652, Pt. A, §1, is repealed.

Sec. EE-3. 5 MRSA Pt. 16-A,  as amended, is repealed.

Sec. EE-4. 5 MRSA §12004-G, sub-§29-C,  as enacted by PL 2009, c. 483, §2, is repealed.

Sec. EE-5. 5 MRSA §12004-I, sub-§24-F,  as enacted by PL 2001, c. 648, §1, is repealed.

Sec. EE-6. 5 MRSA §12004-I, sub-§68-B,  as enacted by PL 2007, c. 192, §1, is repealed.

Sec. EE-7. 5 MRSA §13056-D, sub-§2, ¶C,  as enacted by PL 2009, c. 414, Pt. G, §1 and affected by §5, is amended to read:

Sec. EE-8. 5 MRSA §13083-T, sub-§2, ¶B,  as enacted by PL 2007, c. 39, Pt. F, §1 and affected by §2, is amended to read:

Sec. EE-9. 5 MRSA §13083-T, sub-§2, ¶C,  as enacted by PL 2007, c. 39, Pt. F, §1 and affected by §2, is repealed.

Sec. EE-10. 5 MRSA §13107, sub-§1,  as enacted by PL 2003, c. 673, Pt. M, §8, is amended to read:

Sec. EE-11. 5 MRSA §15302, sub-§3, ¶C,  as amended by PL 2005, c. 425, §19, is further amended to read:

Sec. EE-12. 7 MRSA §214, sub-§3,  as amended by PL 2005, c. 382, Pt. C, §2, is further amended to read:

Sec. EE-13. 10 MRSA §918, sub-§3,  as corrected by RR 2003, c. 2, §14, is amended to read:

Sec. EE-14. 10 MRSA §945-B, sub-§1,  as enacted by PL 1995, c. 648, §5 and amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:

Sec. EE-15. 10 MRSA §1063, sub-§2, ¶J,  as amended by PL 1989, c. 501, Pt. DD, §20, is further amended to read:

Sec. EE-16. 12 MRSA §406,  as enacted by PL 1983, c. 458, §1, is repealed.

Sec. EE-17. 12 MRSA §407,  as amended by PL 1989, c. 878, Pt. A, §29, is further amended to read:

§ 407. Comprehensive river resource management plans

The State Planning Office Department of Conservation, with assistance from the Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the Department of Environmental Protection , the Governor's Energy Office and other state agencies as needed, shall develop, subject to the Maine Administrative Procedure Act, Title 5, chapter 375, a comprehensive river resource management plan for each watershed with a hydropower project licensed under the Federal Power Act or to be licensed under the Federal Power Act. These plans shall must provide a basis for state agency comments, recommendations and permitting decisions and shall at a minimum include, as applicable, minimum flows, impoundment level regimes, upstream and downstream fish passage, maintenance of aquatic habitat and habitat productivity, public access and recreational opportunities. These plans shall must update, complement and, after public notice, comment , and hearings in the watershed, be adopted as components of the State's comprehensive rivers management plan.

Sec. EE-18. 26 MRSA §2006, sub-§7, ¶C,  as amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4 and amended by c. 114, §13; c. 545, §4; and c. 689, Pt. B, §6, is further amended to read:

Sec. EE-19. 30-A MRSA §2343,  as enacted by PL 2009, c. 483, §3, is repealed.

Sec. EE-20. 30-A MRSA §6208, sub-§1, ¶A,  as enacted by PL 2005, c. 266, §2, is repealed.

Sec. EE-21. 36 MRSA §305, sub-§2, ¶C,  as enacted by PL 1973, c. 620, §10, is amended to read:

Sec. EE-22. 38 MRSA §410-M, last ¶,  as enacted by PL 1997, c. 643, Pt. YY, §1, is repealed.

Sec. EE-23. 38 MRSA §470-G,  as repealed and replaced by PL 2007, c. 619, §6, is repealed.

Sec. EE-24. 38 MRSA §1803,  as enacted by PL 1985, c. 794, Pt. A, §11, is repealed.

Sec. EE-25. 38 MRSA §2013, sub-§2, ¶A,  as enacted by PL 1997, c. 519, Pt. B, §1 and affected by §3, is repealed.

Sec. EE-26. 38 MRSA §2123-C,  as enacted by PL 2007, c. 192, §4, is repealed.

Sec. EE-27. PL 2011, c. 205, §4  is amended to read:

Sec. 4. Statewide aquatic restoration plan for stream crossings. The Department of Environmental Protection, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources and the Department of Transportation, in conjunction with the Executive Department, State Planning Office Department of Conservation and other interested stakeholders, shall work collaboratively to develop a statewide aquatic conservation and restoration strategy plan, referred to in this section as "the plan," designed to maintain and restore the ecological health of the State's aquatic ecosystems and focusing on maintaining and restoring dynamic ecological processes responsible for creating and sustaining habitats over broad landscapes as opposed to individual projects or small watersheds. The plan must improve upon best management practices for public and private roads by including consideration of the Department of Transportation's Waterway and Wildlife Crossing Policy and Design Guide, the Maine Interagency Stream Connectivity Work Group's 2010 final report, Maine's Atlantic salmon recovery plan and any other technical, policy and financial information that may help the process. The plan must include, but not be limited to, using scientific data from stakeholders, establishing active restoration priorities, refining existing and proposing additional best management practices, reviewing statutory exemptions and regulatory standards to inform regulatory decision making, establishing performance measures, proposing funding alternatives for passive and active restoration, identifying gaps and overlaps with other pertinent issues such as climate change and flood management and providing for education and outreach. The Department of Environmental Protection, in cooperation with the Department of Inland Fisheries and Wildlife, the Department of Marine Resources and the Department of Transportation, shall present the final draft of the plan, which may include suggested legislation, to the joint standing committee of the Legislature having jurisdiction over natural resources matters no later than January 31, 2013. The committee may report out a bill to the First Regular Session of the 126th Legislature.

Sec. EE-28. P&SL 1999, c. 58, §2, sub-§7  is repealed.

Sec. EE-29. P&SL 1999, c. 58, §4, sub-§1, ¶B  is repealed.

Sec. EE-30. Effective date. This Part takes effect July 1, 2012.

PART FF

Sec. FF-1. 5 MRSA §13056, sub-§6, ¶B,  as amended by PL 2003, c. 159, §2, is further amended to read:

Sec. FF-2. 5 MRSA §13072, sub-§7,  as amended by PL 1995, c. 395, Pt. D, §7, is further amended to read:

Sec. FF-3. 10 MRSA §9723, sub-§2,  as enacted by PL 2007, c. 699, §6, is amended to read:

Sec. FF-4. 25 MRSA §2374,  as amended by PL 2009, c. 213, Pt. M, §3, is further amended to read:

§ 2374. Uniform Building Codes and Standards Fund

The Uniform Building Codes and Standards Fund, referred to in this section as "the fund," is established within the Department of Public Safety to fund the activities of the bureau under this chapter and the activities of the board under Title 10, chapter 1103 and the Executive Department, State Planning Office Department of Economic and Community Development, Office of Community Development under Title 30-A, section 4451, subsection 3-A. Revenue for this fund is provided by the surcharge established by section 2450-A. The Department of Public Safety and the Executive Department, State Planning Office Department of Economic and Community Development, Office of Community Development shall together determine an amount to be transferred annually from the fund for training and certification under Title 30-A, section 4451, subsection 3-A to the Maine Code Enforcement Training and Certification Fund established in Title 30-A, section 4451, subsection 3-B. Any balance of the fund may not lapse, but must be carried forward as a continuing account to be expended for the same purpose in the following fiscal year.

Sec. FF-5. 25 MRSA §2450-A,  as enacted by PL 2007, c. 699, §13, is amended to read:

§ 2450-A. Surcharge on plan review fee for Uniform Building Codes and Standards Fund

In addition to the fees established in section 2450, a surcharge of 4¢ per square foot of occupied space must be levied on the existing fee schedule for new construction, reconstruction, repairs, renovations or new use for the sole purpose of funding the activities of the Technical Building Codes and Standards Board with respect to the Maine Uniform Building and Energy Code, established pursuant to the Title 10, chapter 1103, the activities of the Bureau of Building Codes and Standards under chapter 314 and the activities of the Executive Department, State Planning Office Department of Economic and Community Development, Office of Community Development under Title 30-A, section 4451, subsection 3-A, except that the fee for review of a plan for the renovation of a public school, including the fee established under section 2450, may not exceed $450. Revenue collected from this surcharge must be deposited into the Uniform Building Codes and Standards Fund established by section 2374.

Sec. FF-6. 30-A MRSA §4215, sub-§4,  as amended by PL 2009, c. 213, Pt. M, §4, is further amended to read:

Sec. FF-7. 30-A MRSA §4221, sub-§1,  as amended by PL 1997, c. 296, §3, is further amended to read:

Sec. FF-8. 30-A MRSA §4221, sub-§2,  as amended by PL 1997, c. 683, Pt. B, §15 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

Sec. FF-9. 30-A MRSA §4451,  as amended by PL 2009, c. 213, Pt. M, §§5 to 9 and c. 261, Pt. A, §14, is further amended to read:

§ 4451. Training and certification for code enforcement officers

Sec. FF-10. 30-A MRSA §4452, sub-§7,  as amended by PL 2007, c. 569, §1, is further amended to read:

Sec. FF-11. 30-A MRSA §4453,  as amended by PL 2009, c. 213, Pt. M, §§10 to 12, is further amended to read:

§ 4453. Certification for representation in court

The office Department of Economic and Community Development, Office of Community Development shall establish certification standards and a program to certify familiarity with court procedures for the following individuals:

Sec. FF-12. 38 MRSA §480-F, sub-§1, ¶B,  as repealed and replaced by PL 1997, c. 364, §19, is amended to read:

Sec. FF-13. 38 MRSA §480-F, sub-§1, ¶F,  as amended by PL 2003, c. 688, Pt. A, §43, is further amended to read:

Sec. FF-14. 38 MRSA §488, sub-§19,  as amended by PL 2001, c. 626, §11, is further amended to read:

Sec. FF-15. Transition provisions; code enforcement training and certification-related matters. The following provisions apply to the reassignment of duties, responsibilities and activities of the Executive Department, State Planning Office regarding code enforcement training and certification to the Department of Economic and Community Development, Office of Community Development.

1. One authorized position and incumbent personnel in the State Planning Office that is assigned to that office's code enforcement training and certification program is transferred to the Department of Economic and Community Development, Office of Community Development. This employee retains accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

2. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, the State Controller, upon request of the State Budget Officer and with the approval of the Governor, shall transfer to the proper account in the Department of Economic and Community Development, Office of Community Development all accrued expenditures, assets and liabilities, including but not limited to any contractual obligations, balances, appropriations, allocations, transfers, revenues and other available funds, in any account or subdivision of an account of the State Planning Office established for funds provided to the office under Title 25, section 2374 and Title 30-A, section 4215, subsection 4. Nothing in this section changes or is intended to change or otherwise affect the purposes or uses for which any funds transferred pursuant to this section may be expended.

Sec. FF-16. Report on implementation. The Commissioner of Economic and Community Development and the Commissioner of Conservation shall report to the Joint Standing Committee on Appropriations and Financial Affairs no later than November 15, 2012 on the status of the integration of the training and certification of code enforcement officers into the Department of Economic and Community Development. The report must include any recommended changes to the original implementation plans and any necessary implementing legislation.

Sec. FF-17. Effective date. This Part takes effect July 1, 2012.

PART GG

Sec. GG-1. 5 MRSA §1742, sub-§28  is enacted to read:

Sec. GG-2. 5 MRSA §12004-D, sub-§4,  as enacted by PL 1989, c. 585, Pt. A, §5, is repealed.

Sec. GG-3. 5 MRSA §12006, sub-§3, ¶B,  as enacted by PL 2003, c. 643, §6, is repealed.

Sec. GG-4. 10 MRSA §1023-G, sub-§3, ¶D,  as amended by PL 1995, c. 656, Pt. A, §2, is further amended to read:

Sec. GG-5. 10 MRSA §1041, sub-§18,  as amended by PL 1995, c. 656, Pt. A, §3, is further amended to read:

Sec. GG-6. 10 MRSA §1063, sub-§2, ¶I-1,  as amended by PL 1995, c. 656, Pt. A, §4, is further amended to read:

Sec. GG-7. 38 MRSA §1303-C, sub-§6, ¶D,  as amended by PL 2005, c. 612, §2, is further amended to read:

Sec. GG-8. 38 MRSA §1303-C, sub-§19-C,  as enacted by PL 1995, c. 656, Pt. A, §21, is repealed.

Sec. GG-9. 38 MRSA §1303-C, sub-§35,  as amended by PL 1997, c. 393, Pt. B, §9, is further amended to read:

Sec. GG-10. 38 MRSA §1304, sub-§4,  as amended by PL 1995, c. 656, Pt. A, §22, is further amended to read:

Sec. GG-11. 38 MRSA §1304, sub-§13,  as amended by PL 1995, c. 656, Pt. A, §23, is further amended to read:

Sec. GG-12. 38 MRSA §1304-B, sub-§4-A, ¶D,  as amended by PL 1995, c. 656, Pt. A, §24, is further amended to read:

Sec. GG-13. 38 MRSA §1309,  as amended by PL 2001, c. 22, §1, is further amended to read:

§ 1309. Interstate cooperation

The Legislature encourages cooperative activities by the department and the office with other states for the improved management of hazardous and solid waste; for improved, and as far as is practicable, uniform state laws relating to the management of hazardous and solid waste; and compacts between this and other states for the improved management of hazardous and solid waste.

Sec. GG-14. 38 MRSA §1310-S, sub-§1,  as amended by PL 1995, c. 656, Pt. A, §25, is further amended to read:

Sec. GG-15. 38 MRSA §1310-U, first ¶,  as amended by PL 1995, c. 656, Pt. A, §26, is further amended to read:

Municipalities are prohibited from enacting stricter standards than those contained in this chapter and in the solid waste management rules adopted pursuant to this chapter governing the hydrogeological criteria for siting or designing solid waste disposal facilities or governing the engineering criteria related to waste handling and disposal areas of a solid waste disposal facility. Except as provided in section 2173, municipalities are further prohibited from enacting or applying ordinances that regulate solid waste disposal facilities owned by the office State or a state agency or a regional association.

Sec. GG-16. 38 MRSA §1316-G, first ¶,  as enacted by PL 1995, c. 578, §1, is amended to read:

The State shall undertake a program to eliminate tire stockpiles. The program is under the direction of the department with assistance from other agencies including the State Planning Office, the Department of the Attorney General, the Maine State Police, the Maine National Guard and the Department of Corrections.

Sec. GG-17. 38 MRSA §1316-G, sub-§§2 and 3,  as enacted by PL 1995, c. 578, §1, are amended to read:

Sec. GG-18. 38 MRSA §1652, sub-§2,  as amended by PL 1997, c. 195, §1, is further amended to read:

Sec. GG-19. 38 MRSA §1668,  as enacted by PL 1999, c. 779, §2, is amended to read:

§ 1668. Education program

The department and the Executive Department, State Planning Office shall implement an education program relating to mercury-added products no later than January 1, 2001. The program must provide information to the public about labeled mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products and collection programs that are available to the public.

Sec. GG-20. 38 MRSA §1669,  as enacted by PL 1999, c. 779, §2, is amended to read:

§ 1669. Technical assistance to municipalities

The department shall coordinate with the Executive Department, State Planning Office to assist interested municipalities and regional associations in developing collection programs for mercury-added products.

Sec. GG-21. 38 MRSA §1705, sub-§9-B,  as enacted by PL 1995, c. 656, Pt. A, §28, is repealed.

Sec. GG-22. 38 MRSA §1721,  as amended by PL 1995, c. 656, Pt. A, §29, is further amended to read:

§ 1721. Formation

The formation of a disposal district is accomplished as follows.

Sec. GG-23. 38 MRSA §1722,  as amended by PL 1995, c. 656, Pt. A, §30, is further amended to read:

§ 1722. Approval and organization

When the residents of the municipality, or each municipality when more than one is involved, or the municipal officers, as the case may be, have voted upon the formation of a proposed disposal district and all of the other questions submitted, the clerk of each of the municipalities shall make a return to the office department in such form as the office department may determine. If the office department finds from the returns that each of the municipalities involved, voting on each of the articles and questions submitted to them, has voted in the affirmative, and that the municipalities have appointed the necessary directors and listed the names of the directors to represent each municipality, and that all other steps in the formation of the proposed disposal district are in order and in conformity with law, the office department shall make a finding to that effect and record the finding upon its records. When 3 or more municipalities are concerned in the voting, and at least 2 have voted to approve each of the articles and questions submitted, appointed the necessary directors and listed the names of the directors to represent each municipality, rejection of the proposed disposal district by one or more does not defeat the creation of a district composed of the municipalities voting affirmatively on the question, if the office department determines and issues an order stating that it is feasible or practical to constitute the district as a geographic unit composed of the municipalities voting affirmatively, unless the vote submitted to the municipalities provided that specific participants or a minimum number of participants must approve the formation of the district.

The office department, immediately after making its findings, shall issue a certificate of organization in the name of the disposal district in such form as the office department determines. The original certificate must be delivered to the directors on the day that they are directed to organize and a copy of the certificate duly attested by the executive director of the office commissioner must be filed and recorded in the office of the Secretary of State. The issuance of the certificate by the office department is conclusive evidence of the lawful organization of the disposal district. The disposal district is not operative until the date set by the directors under section 1726.

Sec. GG-24. 38 MRSA §1725, first ¶,  as amended by PL 1995, c. 656, Pt. A, §31, is further amended to read:

Directors are appointed by the municipal officers of the municipality they represent. Alternate directors may be appointed by the municipal officers to act in the absence of a director. To the extent possible, the board of directors must include a mix of individuals with sufficient managerial, technical, financial or business experience to execute their duties efficiently and effectively. Appointments must be by vote of the municipal officers, attested to by the municipal clerk and presented to the clerk of the district. The municipal officers, by majority vote, may remove their appointed representatives during their term for stated reasons, but directors may not be removed except for neglect of duty, misconduct or other acts that indicate an unfitness to serve. Upon receipt of the names of all the directors, the office department shall set a time, place and date for the first meeting of the directors, notice of the meeting to be given to the directors by certified or registered mail, return receipt requested and mailed at least 10 days prior to the date set for the meeting.

Sec. GG-25. 38 MRSA §1726-A, sub-§4, ¶A,  as amended by PL 1995, c. 656, Pt. A, §32, is further amended to read:

Sec. GG-26. 38 MRSA §1727,  as amended by PL 1995, c. 656, Pt. A, §33, is further amended to read:

§ 1727. Admission of new member municipalities

The board of directors may authorize the inclusion of additional member municipalities in the district upon the terms and conditions as the board, in its sole discretion, determines to be fair, reasonable and in the best interest of the district, except that on proper application any municipality that is host to a waste facility of the district must be admitted on equal terms with existing members , provided that if the new member municipality assumes or becomes responsible for a proportionate share of liabilities of the district in a manner similar to that of existing municipalities. The legislative body of any nonmember municipality that desires to be admitted to the district shall make application for admission to the board of directors of the district. The directors shall determine the effects and impacts that are likely to occur if the municipality is admitted and shall either grant or deny authority for admission of the petitioning municipality. If the directors grant the authority, they shall also specify any terms and conditions, including, but not limited to, financial obligations upon which the admission is predicated. The petitioning municipality shall comply with the voting procedures specified in section 1721. The vote, if in the affirmative, must be certified by the clerk of that municipality to the board of directors and to the office department. Upon satisfactory performance of the terms and conditions of admission, the municipality by resolution of the board of directors becomes and thereafter is a member municipality of the district. The clerk of the district shall promptly certify to the agency and the Secretary of State that the municipality has become a member of the district. The certification is conclusive evidence that the municipality is a lawful member of the district. Upon admission of a municipality to a district, the provisions of section 1724 determine the number of votes to be cast by the director or directors representing that municipality.

Sec. GG-27. 38 MRSA §2101-A, sub-§2,  as enacted by PL 1995, c. 465, Pt. A, §28 and affected by Pt. C, §2, is repealed.

Sec. GG-28. 38 MRSA §2101-A, sub-§3  is enacted to read:

Sec. GG-29. 38 MRSA §2122,  as repealed and replaced by PL 1995, c. 465, Pt. A, §34 and affected by Pt. C, §2 and amended by c. 588, §2, is further amended to read:

§ 2122. State waste management and recycling plan

The office department shall prepare an analysis of, and a plan for, the management, reduction and recycling of solid waste for the State. The plan must be based on the priorities and recycling goals established in sections 2101 and 2132. The plan must provide guidance and direction to municipalities in planning and implementing waste management and recycling programs at the state, regional and local levels.

Sec. GG-30. 38 MRSA §2124,  as amended by PL 1995, c. 465, Pt. A, §37 and affected by Pt. C, §2, is further amended to read:

§ 2124. Reports

The office department shall submit the plan and subsequent revisions to the Governor , the department and the joint standing committee of the Legislature having jurisdiction over natural resource matters.

Sec. GG-31. 38 MRSA §2124-A,  as amended by PL 2007, c. 583, §8, is further amended to read:

§ 2124-A. Solid waste generation and disposal capacity report

By January 1, 2008 2013 and annually thereafter, the office department shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters , and the Governor and the department setting forth information on statewide generation of solid waste, statewide recycling rates and available disposal capacity for solid waste.

The report submitted under this section must include an analysis of how changes in available disposal capacity have affected or are likely to affect disposal prices. When the office department determines that a decline in available landfill capacity has generated or has the potential to generate supracompetitive prices, the office department shall include this finding in its report and shall include recommendations for legislative or regulatory changes as necessary.

Beginning on January 1, 2009 2013 and every odd-numbered year thereafter, the report submitted under this section must include an analysis of how the rate of fill at each solid waste landfill has affected the expected lifespan of that solid waste landfill. The January 2009 report must also include an analysis of the solid waste disposal needs of the State as of January 1, 2009 for the next 3, 5 and 10 years.

Beginning on January 1, 2010 2014 and every even-numbered year thereafter, the report submitted under this section must include an analysis of consolidation of ownership in the disposal, collection, recycling and hauling of solid waste.

The joint standing committee of the Legislature having jurisdiction over solid waste matters may report out legislation related to the report submitted pursuant to this section.

Sec. GG-32. 38 MRSA §2132,  as amended by PL 2005, c. 220, §§2 to 4, is further amended to read:

§ 2132. State goals

Sec. GG-33. 38 MRSA §2133,  as amended by PL 2003, c. 567, §§1 and 2, is further amended to read:

§ 2133. Municipal recycling

Sec. GG-34. 38 MRSA §2134, first ¶,  as amended by PL 1995, c. 656, Pt. A, §39, is further amended to read:

The office department shall provide marketing assistance, which may include the following elements:

Sec. GG-35. 38 MRSA §2134, sub-§3,  as amended by PL 1995, c. 656, Pt. A, §39, is further amended to read:

Sec. GG-36. 38 MRSA §2138, sub-§1,  as amended by PL 1995, c. 656, Pt. A, §41, is further amended to read:

Sec. GG-37. 38 MRSA §2140,  as amended by PL 1995, c. 656, Pt. A, §43, is further amended to read:

§ 2140. Interstate and national initiatives

The office department may participate in interstate and national initiatives to adopt uniform state laws when practicable, and to enter compacts between the State and other states for the improved management, recycling and reduction of solid waste.

Sec. GG-38. 38 MRSA §2151-A,  as enacted by PL 1995, c. 465, Pt. A, §60 and affected by Pt. C, §2, is amended to read:

§ 2151-A. Indemnification

The office department shall defend and indemnify any employee of the office, bureau and any former employee of the former State Planning Office including the director , and any member of the former Facility Siting Board against expenses actually and necessarily incurred by the person in connection with the defense of any action or proceeding in which the person is made party by reason of past or present association with the office bureau or former State Planning Office with regard to the powers and duties set forth in this article.

Sec. GG-39. 38 MRSA §2152,  as amended by PL 2001, c. 352, §16, is repealed.

Sec. GG-40. 38 MRSA §2153, sub-§1,  as amended by PL 1995, c. 465, Pt. A, §62 and affected by Pt. C, §2, is further amended to read:

Sec. GG-41. 38 MRSA §2154,  as amended by PL 1995, c. 465, Pt. A, §63 and affected by Pt. C, §2 and amended by c. 656, Pt. A, §§44 and 45, is further amended to read:

§ 2154. Site selection

Sec. GG-42. 38 MRSA §2155,  as enacted by PL 1989, c. 585, Pt. A, §7, is amended to read:

§ 2155. Notification

The office bureau shall notify the municipal officers of any municipality within which a waste disposal facility site is recommended under this subchapter of that recommendation. The office bureau shall notify the municipal officers by certified mail within 30 days of making the recommendation. If the proposed site is located within the jurisdiction of the Maine Land Use Regulation Commission, the office bureau shall notify the Maine Land Use Regulation Commission and the county commissioners in lieu of the municipal officers.

Sec. GG-43. 38 MRSA §2156-A,  as amended by PL 2007, c. 192, §6, is further amended to read:

§ 2156-A. Facility development

Sec. GG-44. 38 MRSA §2159,  as amended by PL 1995, c. 656, Pt. A, §46, is further amended to read:

§ 2159. Real and personal property; right of eminent domain

The office bureau may acquire and hold real and personal property that it considers necessary for its purposes, is granted the right of eminent domain and, for those purposes, may take and hold, either by exercising its right of eminent domain or by purchase, lease or otherwise, for public use, any land, real estate, easements or interest therein, necessary for constructing, establishing, maintaining, operating and the closure of solid waste disposal facilities.

Sec. GG-45. 38 MRSA §2160, sub-§1,  as amended by PL 1995, c. 646, Pt. A, §47, is further amended to read:

Sec. GG-46. 38 MRSA §2160, sub-§4,  as amended by PL 1995, c. 656, Pt. A, §47, is further amended to read:

Sec. GG-47. 38 MRSA §2161,  as amended by PL 1995, c. 656, Pt. A, §48, is further amended to read:

§ 2161. Condemnation proceedings

At the time the office bureau sends the notice in section 2160, the office bureau shall file in the county commissioner's office in which the property to be taken is located and cause to be recorded in the registry of deeds in the county plans of the location of all lands, real estate, easements or interest therein, with an appropriate description and the names of the owners thereof, if known. When for any reason the office bureau fails to acquire property that it is authorized to take, which is described in that location, or if the location so recorded is defective and uncertain, it may, at any time, correct and perfect the location and file a new description. In that case, the office bureau is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and the office bureau is not liable for any acts that would have been justified if the original taking had been lawful. No entry may be made on any private lands, except to make surveys, until the expiration of 10 days from the filing, whereupon, possession may be had of all the lands, real estate, easements or interests therein and other property and rights as aforesaid to be taken, but title may not vest in the office bureau until payment for the property is made.

Sec. GG-48. 38 MRSA §2162,  as repealed and replaced by PL 1999, c. 736, §2, is amended to read:

§ 2162. Assistance in regional association siting

Sec. GG-49. 38 MRSA §2170,  as amended by PL 1995, c. 656, Pt. A, §51, is further amended to read:

§ 2170. Host community benefits; application limited to facilities owned or operated by the bureau

This subchapter applies only to solid waste disposal facilities owned or operated by the office bureau. Wherever in this subchapter the term "solid waste disposal facility" or "facility" is used, those terms may be construed only to mean a solid waste disposal facility owned or operated by the office bureau.

Sec. GG-50. 38 MRSA §2170-A, first ¶,  as enacted by PL 2007, c. 406, §3, is amended to read:

The provisions of this section apply to a solid waste disposal facility owned or operated by the office bureau.

Sec. GG-51. 38 MRSA §2171, first ¶,  as amended by PL 1993, c. 310, Pt. B, §3, is further amended to read:

The municipal officers of each municipality identified by the Facility Siting Board bureau as a potential site for a waste disposal facility and each contiguous municipality that may be affected by the construction or operation of that facility shall jointly establish a single citizen advisory committee within 60 days of notification pursuant to section 2155.

Sec. GG-52. 38 MRSA §2172, first ¶,  as repealed and replaced by PL 2007, c. 406, §4, is amended to read:

In the event that the office bureau and a host community cannot agree on the terms of a host community agreement pursuant to section 2170-A, the parties shall submit the dispute for resolution in accordance with this section.

Sec. GG-53. 38 MRSA §2172, sub-§2, ¶A,  as enacted by PL 2007, c. 406, §4, is amended to read:

Sec. GG-54. 38 MRSA §2173,  as amended by PL 1995, c. 656, Pt. A, §53, is further amended to read:

§ 2173. Municipal jurisdiction over regional association disposal facilities

A municipality may adopt a local ordinance authorizing the municipal officers to issue a local permit containing the same findings, conclusions and conditions contained in the license issued by the department for a solid waste disposal facility located within the municipality's jurisdiction. The municipal officers may also attach to the permit additional conditions for the operation of the solid waste disposal facility on any issues not specifically addressed in any condition of the department's license. These conditions may not unreasonably restrict the operation of the facility and must be attached to the local permit by the municipal officers within 90 days of issuance of the department's license or within 30 days of a final decision by the department to relicense the facility.

An enforcement action brought by the municipality to enforce local permit conditions shall does not preclude the State from bringing an action to enforce the conditions of any license issued by the State or any other provision of law. In addition, the State shall have has a right to intervene in any enforcement action brought by a municipality under this section. A municipality that has adopted local permit conditions described in this section shall employ an inspector certified under section 2174 to enforce permit conditions.

Sec. GG-55. 38 MRSA §2174, sub-§2,  as amended by PL 1995, c. 656, Pt. A, §54, is further amended to read:

Sec. GG-56. 38 MRSA §2175-A,  as amended by PL 1995, c. 656, Pt. A, §55, is further amended to read:

§ 2175-A. Property value offset

Owners of property, the value of which has been affected by a solid waste disposal facility, are eligible for reimbursement from the office bureau for loss in property value directly attributable to the construction and operation of the facility. The office bureau shall adopt rules to establish the formula and procedure for reimbursement, including, without limitation, definition of the impact area, a process for establishing baseline real estate values, a time frame within which the property value offset program will be in effect and an accounting of real estate trends in the area.

Sec. GG-57. 38 MRSA §2175-B,  as enacted by PL 1995, c. 465, Pt. A, §70 and affected by Pt. C, §2, is amended to read:

§ 2175-B. Payment in lieu of taxes

The office bureau shall annually pay a municipality an amount in lieu of taxes equal to the amount of property taxes on a solid waste disposal facility owned or operated by the office bureau not paid to that municipality during the previous calendar year. In the case of an unorganized territory, the office bureau shall annually pay the amount to the State Tax Assessor who shall deposit that amount in the Unorganized Territory Education and Services Fund established in Title 36, chapter 115. If the office bureau disagrees with the amount determined to be due in lieu of taxes under this section, it may appeal to the State Board of Property Tax Review as provided in Title 36, section 271.

Sec. GG-58. 38 MRSA §2176, first ¶,  as amended by PL 1995, c. 656, Pt. A, §56, is further amended to read:

In addition to payment in lieu of taxes provided in section 2175-B, the office bureau shall make impact payments to a municipality in which a solid waste disposal facility is located or, in the case of an unorganized territory, to the State Tax Assessor upon request by the community involved or by the State Tax Assessor. The office bureau shall base its impact payments on measurable criteria including, without limitation:

Sec. GG-59. 38 MRSA §2176, sub-§4,  as enacted by PL 2007, c. 406, §7, is amended to read:

Sec. GG-60. 38 MRSA §2177,  as amended by PL 1995, c. 656, Pt. A, §57, is further amended to read:

§ 2177. Water supply monitoring and protection

Upon written request from persons owning land contiguous to a solid waste disposal facility, the office bureau shall have quarterly sampling and analysis conducted of private water supplies used by the requestors for drinking water. The sampling and analysis must be conducted in a manner specified by and that meets criteria developed by the department.

If a facility adversely affects a public or private water supply by pollution, degradation, diminution or other means that result in a violation of the state drinking water standards as determined by the commissioner, the office bureau shall restore the affected supply at no cost to the consumer or replace the affected supply with an alternative source of water that is of like quantity and quality to the original supply at no cost to the consumer.

Sec. GG-61. 38 MRSA §2191,  as amended by PL 1995, c. 656, Pt. A, §58, is further amended to read:

§ 2191. Fees

The office bureau shall establish reasonable fees for waste disposal services provided by the office bureau.

Sec. GG-62. 38 MRSA §2192,  as amended by PL 1995, c. 656, Pt. A, §§59 and 60, is further amended to read:

§ 2192. Purposes of the fees

The fees charged to users of office-owned state-owned facilities and established by the office bureau under this article, by rule, provide revenue for the following purposes:

Sec. GG-63. 38 MRSA §2193,  as amended by PL 1995, c. 656, Pt. A, §61, is further amended to read:

§ 2193. Host municipality fees

The office bureau may set fees under this article for the host municipality at a level lower than the fees charged to other municipalities or users, provided that as long as the lower fees are set in a manner consistent with the rules promulgated adopted by the office bureau.

Sec. GG-64. 38 MRSA §2201,  as amended by PL 2011, c. 544, §1, is further amended to read:

§ 2201. Maine Solid Waste Management Fund established

The Maine Solid Waste Management Fund, referred to in this section as the "fund," is established as a nonlapsing fund to support programs administered by the State Planning Office bureau and the Department of Environmental Protection. The fund must be segregated into 2 subsidiary accounts. The first subsidiary account, called operations, receives all fees established and received under article 1. The 2nd subsidiary account, called administration, receives all fees established under this article and under Title 36, chapter 719 and all funds recovered by the department as reimbursement for departmental expenses incurred to abate imminent threats to public health, safety and welfare posed by the illegal disposal of solid waste.

Money in the fund not currently needed to meet the obligations of the office department or bureau must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund.

Funds related to administration may be expended only in accordance with allocations approved by the Legislature for administrative expenses directly related to the office's bureau's and the department's programs, including actions by the department necessary to abate threats to public health, safety and welfare posed by the disposal of solid waste. Funds related to fees imposed on the disposal of construction and demolition debris and residue from the processing of construction and demolition debris may be expended only for the state cost share to municipalities under the closure and remediation cost-sharing program for solid waste landfills established in section 1310-F. Funds related to operations may be expended only in accordance with allocations approved by the Legislature and solely for the development and operation of publicly owned facilities owned or approved by the office bureau and for the repayment of any obligations of the office bureau incurred under article 3. These allocations must be based on estimates of the actual costs necessary for the office bureau and the department to administer their programs, to provide financial assistance to regional associations and to provide other financial assistance necessary to accomplish the purposes of this chapter. Beginning in the fiscal year ending on June 30, 1991 and thereafter, the fund must annually transfer to the General Fund an amount necessary to reimburse the costs of the Bureau of Revenue Services incurred in the administration of Title 36, chapter 719. Allowable expenditures include "Personal Services," "All Other" and "Capital Expenditures" associated with all office bureau activities other than those included in the operations account.

Sec. GG-65. 38 MRSA §2232, first ¶,  as amended by PL 1995, c. 656, Pt. A, §65, is further amended to read:

An incineration facility shall submit an annual report to the office department no later than 90 days after the end of the incineration facility's fiscal year. For reasonable cause shown and upon written application by an incineration facility, the office department may grant an extension of the 90-day period. The report must be certified by an appropriate executive officer of the incineration facility as being complete and accurate. The office department may prescribe the form of the annual report and the number of copies that must be submitted. The report must include the following information:

Sec. GG-66. 38 MRSA §2232, sub-§§4 and 5,  as amended by PL 1995, c. 656, Pt. A, §66, are further amended to read:

Sec. GG-67. 38 MRSA §2235,  as amended by PL 1995, c. 656, Pt. A, §67, is further amended to read:

§ 2235. Use of files

The office department shall keep on file for public inspection and use all reports submitted under this subchapter.

Sec. GG-68. 38 MRSA §2236,  as corrected by RR 1993, c. 1, §138 and amended by PL 1995, c. 656, Pt. A, §68, is further amended to read:

§ 2236. Limitation

Nothing in this subchapter may be construed to create or expand any office authority of the department over financial, organizational or rate regulation of incineration facilities.

Sec. GG-69. Transition provisions; waste management-related and recycling-related matters. The following provisions apply to the reassignment of waste management-related and recycling-related duties, responsibilities and activities of the Executive Department, State Planning Office to the Department of Environmental Protection, the Department of Administrative and Financial Services, Bureau of General Services and the Department of Economic and Community Development, Office of Community Development.

1. One authorized, unclassified position and incumbent personnel in the Executive Department, State Planning Office assigned to that office's waste management and recycling program are transferred to the Department of Economic and Community Development, Office of Community Development. Those employees retain their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits. The Department of Economic and Community Development, Office of Community Development and the Department of Administrative and Financial Services, Bureau of General Services shall enter into a memorandum of agreement under which personnel transferred to the Office of Community Development by this section shall assist the Bureau of General Services in the performance of its functions and duties under the Maine Revised Statutes, Title 38, chapter 24.

2. All rights, duties, authorities, responsibilities and related assets and liabilities, if any, assigned to the Executive Department, State Planning Office pursuant to Resolve 2003, chapter 93 and Resolve 2011, chapter 90 are assigned to and must be exercised by the Department of Administrative and Financial Services, Bureau of General Services.

3. All real property acquired by the Executive Department, State Planning Office pursuant to Public Law 1995, chapter 464, Resolve 2003, chapter 93 and Resolve 2011, chapter 90 is transferred to the Department of Administrative and Financial Services, Bureau of General Services.

4. Notwithstanding any other provision of law, the Department of Environmental Protection shall approve transfer of all licenses, permits and other authorizations issued by the department to the Executive Department, State Planning Office for construction and operation of state-owned waste disposal facilities referenced in subsection 2 to the Department of Administrative and Financial Services, Bureau of General Services. Within 60 days of the effective date of this section, the Department of Administrative and Financial Services, Bureau of General Services shall submit to the Department of Environmental Protection applications for transfer of all licenses, permits and other authorizations for the state-owned solid waste disposal facilities referenced in subsection 2. Notwithstanding any other provision of law, until the Department of Environmental Protection has approved the transfers required by this section, the Department of Administrative and Financial Services, Bureau of General Services is deemed to be the licensee or permittee of all licenses, permits and other authorizations for the state-owned solid waste disposal facilities referenced in subsection 2.

Sec. GG-70. Effective date. This Part takes effect July 1, 2012.

PART HH

Sec. HH-1. 12 MRSA §408  is enacted to read:

§ 408.  Floodplain management

The floodplain management program is established within the Department of Conservation. The department shall serve as the state coordinating agency for the National Flood Insurance Program pursuant to 44 Code of Federal Regulations, Part 60 and in that capacity shall oversee delivery of technical assistance and resources to municipalities for the purpose of floodplain management activities and shall administer the State Floodplain Mapping Fund under section 409.

Sec. HH-2. 12 MRSA §409  is enacted to read:

§ 409.  State Floodplain Mapping Fund

Sec. HH-3. 37-B MRSA §1112,  as amended by PL 2009, c. 561, §35, is further amended to read:

§ 1112. Administration

The department shall administer this chapter. In carrying out the provisions of this chapter, the department shall consult as appropriate with other state agencies, including the Department of Conservation, the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the Department of Public Safety, the Department of Transportation , and the Maine Land Use Regulation Commission and the State Planning Office, for their aid and assistance.

Sec. HH-4. 37-B MRSA §1119, sub-§3,  as amended by PL 2009, c. 561, §36, is further amended to read:

Sec. HH-5. 37-B MRSA §1131, sub-§2, ¶G,  as enacted by PL 2001, c. 662, §99, is repealed.

Sec. HH-6. Transition provisions; floodplain management matters. The following provisions apply to the reassignment of floodplain management duties, responsibilities and activities of the Executive Department, State Planning Office to the Department of Conservation.

1. The Governor shall, pursuant to 44 Code of Federal Regulations, Part 60, designate the Department of Conservation as the state coordinating agency for purposes of the National Flood Insurance Program.

2. Three authorized positions and incumbent personnel in the State Planning Office assigned to that office's floodplain management program are transferred to the Department of Conservation's floodplain management program established in the Maine Revised Statutes, Title 12, section 408. Those employees retain their rights as unclassified employees as well as their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

3. Notwithstanding the provisions of Title 5 and except as otherwise provided in subsection 4, the State Controller, upon request of the State Budget Officer and with the approval of the Governor, shall transfer to the proper account in the Department of Conservation all accrued expenditures, assets and liabilities, including but not limited to any contractual obligations, balances, appropriations, allocations, transfers, revenues or other available funds in any account or subdivision of an account of the State Planning Office established for administration of floodplain management-related grant funds from the Federal Emergency Management Agency. Transfers authorized under this subsection do not change or otherwise affect the purposes or uses for which any funds transferred pursuant to this subsection may be expended.

4. On the effective date of this section, the State Controller shall transfer any unexpended and unencumbered balance in the Floodplain Mapping Fund established by former Title 5, section 3307-G to the State Floodplain Mapping Fund established by Title 12, section 409.

Sec. HH-7. Effective date. This Part takes effect July 1, 2012.

PART II

Sec. II-1. 5 MRSA §6204, sub-§1,  as amended by PL 1993, c. 728, §6, is further amended to read:

Sec. II-2. 5 MRSA §6204, sub-§6,  as amended by PL 1993, c. 728, §6, is further amended to read:

Sec. II-3. 12 MRSA §544, sub-§3, ¶G  is enacted to read:

Sec. II-4. 12 MRSA §6072, sub-§7-A, ¶F,  as amended by PL 2003, c. 660, Pt. A, §6, is further amended to read:

Sec. II-5. 12 MRSA §6673, sub-§2-A,  as amended by PL 2009, c. 229, §16, is further amended to read:

Sec. II-6. 33 MRSA §132, sub-§4,  as enacted by PL 2005, c. 574, §1, is amended to read:

Sec. II-7. 33 MRSA §479-C,  as enacted by PL 2007, c. 412, §10, is amended to read:

§ 479-C. Conservation easement registry

A holder of a conservation easement that is organized or doing business in the State shall annually report to the Executive Department, State Planning Office Department of Conservation the book and page number at the registry of deeds for each conservation easement that it holds, the municipality and approximate number of acres protected under each easement and such other information as the State Planning Office Department of Conservation determines necessary to fulfill the purposes of this subchapter. The filing must be made by a date and on forms established by the State Planning Office Department of Conservation to avoid duplicative filings when possible and otherwise reduce administrative burdens. The annual filing must be accompanied by a $30 fee. The State Planning Office Department of Conservation shall maintain a permanent record of the registration and report to the Attorney General any failure of a holder disclosed by the filing or otherwise known to the State Planning Office Department of Conservation. The fees established under this section must be held by the State Planning Office Department of Conservation in a nonlapsing, special account to defray the costs of maintaining the registry and carrying out its duties under this section.

Sec. II-8. 36 MRSA §305, sub-§6,  as enacted by PL 2001, c. 564, §4, is amended to read:

Sec. II-9. 36 MRSA §1140-B, sub-§1,  as enacted by PL 2007, c. 466, Pt. A, §58, is amended to read:

Sec. II-10. Transition provisions; Land for Maine's Future Board matters. The following provisions apply to the reassignment of duties, responsibilities and activities of the Executive Department, State Planning Office related to the Land for Maine's Future Board established in the Maine Revised Statutes, Title 5, chapter 353 to the Department of Conservation, Natural Areas Program established by Title 12, section 544.

1. Three authorized positions and incumbent personnel in the State Planning Office assigned to provide staff assistance to the Land for Maine's Future Board are transferred to the Natural Areas Program. Those employees retain their rights as unclassified employees as well as their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

2. Notwithstanding the provisions of Title 5, the State Controller, upon request of the State Budget Officer and with the approval of the Governor, shall transfer from the State Planning Office to the proper account in the Department of Conservation all accrued expenditures, assets and liabilities, including but not limited to any contractual obligations, balances, appropriations, allocations, transfers, revenues and other available funds, in any account or subdivision of any account of the Land for Maine's Future Fund, established by Title 5, section 6203. Nothing in this section changes or is intended to change or otherwise affect the purposes or uses for which any funds transferred pursuant to this section may be expended.

Sec. II-11. Effective date. This Part takes effect July 1, 2012.

PART JJ

Sec. JJ-1. 5 MRSA §298, sub-§1,  as enacted by PL 1977, c. 513, §1, is repealed and the following enacted in its place:

Sec. JJ-2. 5 MRSA §13056-E, sub-§4,  as enacted by PL 2009, c. 414, Pt. G, §2 and affected by §5, is amended to read:

Sec. JJ-3. 5 MRSA §13058, sub-§19,  as enacted by PL 2003, c. 498, §1, is amended to read:

Sec. JJ-4. 5 MRSA §13073-B  is enacted to read:

§ 13073-B.  Maine Downtown Center

Sec. JJ-5. 12 MRSA §212, sub-§3,  as amended by PL 1979, c. 541, Pt. A, §116 and PL 1995, c. 532, §17, is further amended to read:

Sec. JJ-6. 12 MRSA §685-C, sub-§1, ¶B,  as amended by PL 2009, c. 375, §1, is repealed.

Sec. JJ-7. 12 MRSA §685-C, sub-§1, ¶C,  as amended by PL 2009, c. 375, §1, is further amended to read:

Sec. JJ-8. 12 MRSA §1847, sub-§2,  as amended by PL 1999, c. 556, §19, is further amended to read:

Sec. JJ-9. 23 MRSA §73, sub-§4,  as amended by PL 2003, c. 22, §1, is further amended to read:

Sec. JJ-10. 23 MRSA §7105, sub-§3, ¶A,  as amended by PL 1989, c. 600, Pt. A, §§11 and 12 and c. 626, is further amended to read:

Sec. JJ-11. 30-A MRSA §2303,  as enacted by PL 1987, c. 737, Pt. A, §2, and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

§ 2303. Lead agency

Sec. JJ-12. 30-A MRSA §4301, sub-§5-C  is enacted to read:

Sec. JJ-13. 30-A MRSA §4301, sub-§13,  as amended by PL 1995, c. 395, Pt. D, §12, is repealed.

Sec. JJ-14. 30-A MRSA §4301, sub-§14-A,  as enacted by PL 2001, c. 90, §1, is amended to read:

Sec. JJ-15. 30-A MRSA §4312, sub-§4,  as amended by PL 2001, c. 406, §2, is further amended to read:

Sec. JJ-16. 30-A MRSA §4314, sub-§3,  as amended by PL 2007, c. 247, §1, is further amended to read:

Sec. JJ-17. 30-A MRSA §4326, sub-§3-A, ¶A,  as amended by PL 2007, c. 247, §3, is further amended to read:

Sec. JJ-18. 30-A MRSA §4331,  as amended by PL 2001, c. 578, §17, is further amended to read:

§ 4331. Evaluation process

The office department 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 department shall seek the assistance of other state agencies. If requested, all state agencies shall render assistance to the office department in this effort.

Sec. JJ-19. 30-A MRSA §4345,  as amended by PL 2003, c. 641, §9, is further amended to read:

§ 4345. Purpose; department to administer program

Under the provisions of this article, a municipality or multimunicipal region may request financial or technical assistance from the office department for the purpose of planning and implementing a growth management program. A municipality or multimunicipal region that requests and receives a financial assistance grant shall develop and implement its growth management program in cooperation with the office department and in a manner consistent with the procedures, goals and guidelines established in this subchapter.

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

Sec. JJ-20. 30-A MRSA §4346,  as amended by PL 2003, c. 641, §§10 to 12 and c. 689, Pt. B, §6, is further amended to read:

§ 4346. Technical and financial assistance program

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

The office department may enter into financial assistance grants only to the extent that funds are available. In making grants, the office department shall consider the need for planning in a municipality or multimunicipal region, the proximity of the municipality or multimunicipal region to other areas that are conducting or have completed the planning process and the economic and geographic role of the municipality or multimunicipal region within a regional context. The office department may consider other criteria in making grants, as long as the criteria support the goal of encouraging and facilitating the adoption and implementation of local and multimunicipal growth management programs consistent with the procedures, goals and guidelines established in this subchapter. 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 exempt from rules adopted by the Department of Administrative and Financial Services pursuant to Title 5, section 1825-C for use in the purchase of services and the awarding of grants and contracts. The office department shall publish a program statement describing its grant program and advertising its availability to eligible applicants.

Sec. JJ-21. 30-A MRSA §4347-A,  as amended by PL 2003, c. 641, §§13 to 15 and PL 2007, c. 247, §§4 and 5, is further amended to read:

§ 4347-A. Review of programs by department

Sec. JJ-22. 30-A MRSA §4349-A, sub-§1, ¶C,  as amended by PL 2001, c. 613, §2, is further amended to read:

Sec. JJ-23. 30-A MRSA §4349-A, sub-§3-A, ¶¶A and D,  as enacted by PL 2003, c. 604, §2 and affected by §3, are amended to read:

Sec. JJ-24. 30-A MRSA §4353, sub-§2, ¶B,  as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:

Sec. JJ-25. 30-A MRSA §4353, sub-§3,  as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:

Sec. JJ-26. 30-A MRSA §5226, sub-§2,  as enacted by PL 2001, c. 669, §1, is amended to read:

Sec. JJ-27. 30-A MRSA §5953-D, sub-§3, ¶D,  as amended by PL 2003, c. 288, §2, is further amended to read:

Sec. JJ-28. 30-A MRSA §5953-D, sub-§5,  as amended by PL 1999, c. 776, §13, is further amended to read:

Sec. JJ-29. 38 MRSA §420-D, sub-§6,  as enacted by PL 1995, c. 704, Pt. B, §2 and affected by PL 1997, c. 603, §§8 and 9, is amended to read:

Sec. JJ-30. 38 MRSA §420-D, sub-§11, ¶A,  as amended by PL 2011, c. 206, §10, is further amended to read:

Sec. JJ-31. 38 MRSA §480-Z, sub-§3,  as amended by PL 2007, c. 527, §1, is further amended to read:

Sec. JJ-32. 38 MRSA §488, sub-§14, ¶A,  as amended by PL 2001, c. 406, §17, is further amended to read:

Sec. JJ-33. 38 MRSA §489-D, sub-§2, ¶B,  as enacted by PL 1995, c. 704, Pt. A, §22 and affected by Pt. C, §2, is amended to read:

Sec. JJ-34. 38 MRSA §909,  as enacted by PL 1997, c. 789, §4 and affected by §5, is amended to read:

§ 909. Technical assistance

To the extent existing resources are available, when one or more municipalities seeks seek ownership of a dam, the State Planning Office Department of Conservation may provide grants and technical assistance to the participating municipality or municipalities or to regional planning organizations.

Sec. JJ-35. 38 MRSA §956, sub-§1,  as enacted by PL 1979, c. 663, §233, is amended to read:

Sec. JJ-36. 38 MRSA §956, sub-§2, ¶B,  as enacted by PL 1979, c. 663, §233, is amended to read:

Sec. JJ-37. 38 MRSA §961,  as amended by PL 1989, c. 890, Pt. A, §40 and Pt. B, §204, is further amended to read:

§ 961. Relation to municipal, state and federal regulations

Nothing in this chapter prevents municipal, state or federal authorities from adopting and administering more stringent requirements regarding performance standards or permitted uses within use districts established by the commission or within districts overlapping the districts established pursuant to this chapter. Where there is a conflict between a provision adopted under this chapter and any other municipal, state or federal requirement applicable to the same land or water areas within the corridor, the more restrictive provision takes precedence. All performance standards, rules and regulations proposed for hearing by the commission must be submitted to the Commissioner of Environmental Protection, the State Planning Office Department of Conservation, the Greater Portland Council of Governments and the Southern Maine Regional Planning Commission at least 7 days prior to the hearing for review and comment. The commission shall may not promulgate adopt any rule establishing air or water quality standards within the corridor in conflict with the rules of the Department of Environmental Protection without the prior approval of the Board of Environmental Protection.

Sec. JJ-38. 38 MRSA §1163, sub-§2,  as enacted by PL 1995, c. 636, §1, is amended to read:

Sec. JJ-39. 38 MRSA §1252, sub-§7, ¶B,  as enacted by PL 1995, c. 636, §2, is amended to read:

Sec. JJ-40. Transition provisions; land use planning-related matters. The following provisions apply to the reassignment of duties, responsibilities and activities of the Executive Department, State Planning Office regarding land use planning and related technical assistance to muncipalities, including but not limited to those under the Maine Revised Statutes, Title 30-A, chapter 187, to the Department of Conservation.

1. Four authorized positions and incumbent personnel in the State Planning Office that are assigned to that office's land use planning program are transferred to the Department of Conservation. These employees retain their rights as unclassified employees as well as their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

2. The Commissioner of Conservation shall designate the Director of Land Use Planning within the Department of Conservation. The Director of Land Use Planning shall coordinate technical assistance and provide guidance for state agencies and local and regional comprehensive plans. Other duties and responsibilities of the Director of Land Use Planning must be established by the Commissioner of Conservation.

3. The Commissioner of Conservation shall designate the Director of the Land for Maine's Future Program within the office of the commissioner in the Department of Conservation. The commissioner shall establish the duties of the Director of the Land for Maine’s Future Program.

Sec. JJ-41. Effective date. This Part takes effect July 1, 2012.

PART KK

Sec. KK-1. 1 MRSA §25,  as amended by PL 1999, c. 556, §1, is further amended to read:

§ 25. Topographic mapping

The Bureau of Geology and , Natural Areas and Coastal Resources has charge of topographic mapping on behalf of the State. The Bureau of Geology and , Natural Areas and Coastal Resources is authorized and directed to enter into such agreements with the Director of the United States Geological Survey as will assure ensure the progress of the work in an efficient and economical manner.

Sec. KK-2. 2 MRSA §6, sub-§5,  as amended by PL 2005, c. 405, Pt. D, §4, is further amended to read:

Sec. KK-3. 5 MRSA §935, sub-§1, ¶D,  as amended by PL 1999, c. 556, §3, is further amended to read:

Sec. KK-4. 12 MRSA §541-A,  as enacted by PL 1999, c. 556, §12, is amended to read:

§ 541-A. Bureau of Geology, Natural Areas and Coastal Resources

The Bureau of Geology and , Natural Areas and Coastal Resources is established within the Department of Conservation and is administered by the commissioner. The bureau consists of the Maine Geological Survey, referred to in this chapter as the "survey," and the Natural Areas Program and the Maine Coastal Program. The executive director of the bureau is the director of the survey.

Sec. KK-5. 12 MRSA §544-D  is enacted to read:

§ 544-D.  Maine Coastal Program

Nothing in this section may be construed as limiting the powers and duties of any officer, authority, board, commission, department or political subdivision of the State.

Sec. KK-6. 12 MRSA §549,  as amended by PL 1999, c. 556, §14, is further amended to read:

§ 549. Jurisdiction

The Bureau of Geology and , Natural Areas and Coastal Resources and the agencies having jurisdiction over state-owned lands have jurisdiction, as set forth in this subchapter, over all state-owned lands for the purpose of mineral development and mining on that land. The Bureau of Geology and , Natural Areas and Coastal Resources and the agencies having jurisdiction over state-owned lands may make such rules as each deems considers proper with respect to the authority delegated pursuant to this subchapter.

Sec. KK-7. 12 MRSA §549-A, sub-§2,  as amended by PL 1999, c. 556, §15, is further amended to read:

Sec. KK-8. 12 MRSA §550-B, sub-§3, ¶A,  as amended by PL 2003, c. 175, §3, is further amended to read:

Sec. KK-9. 12 MRSA §550-B, sub-§6,  as amended by PL 2009, c. 567, §6, is further amended to read:

Sec. KK-10. 12 MRSA §1835, sub-§1, ¶A,  as amended by PL 1999, c. 556, §18, is further amended to read:

Sec. KK-11. 12 MRSA §1849, sub-§1, ¶A,  as amended by PL 1999, c. 556, §20, is further amended to read:

Sec. KK-12. 12 MRSA §1863-A, sub-§4, ¶A,  as enacted by PL 2009, c. 615, Pt. B, §3, is amended to read:

Sec. KK-13. 12 MRSA §1868, sub-§1,  as enacted by PL 2009, c. 270, Pt. C, §1, is amended to read:

Sec. KK-14. 12 MRSA §5013, sub-§5,  as amended by PL 1999, c. 556, §21, is further amended to read:

Sec. KK-15. 12 MRSA §6022, sub-§11,  as enacted by PL 1977, c. 661, §5, is amended to read:

Sec. KK-16. 12 MRSA §13001, sub-§12,  as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

Sec. KK-17. 22 MRSA §676, sub-§5,  as amended by PL 1999, c. 556, §26, is further amended to read:

Sec. KK-18. 22 MRSA §679-B, sub-§8,  as amended by PL 1999, c. 556, §27, is further amended to read:

Sec. KK-19. 32 MRSA §4700-G, sub-§2,  as amended by PL 2009, c. 153, §8, is further amended to read:

Sec. KK-20. 32 MRSA §4700-G, sub-§6,  as amended by PL 1999, c. 556, §29, is further amended to read:

Sec. KK-21. 33 MRSA §1213,  as enacted by PL 1973, c. 616, §1, is amended to read:

§ 1213. Water boundaries

For the purposes of this chapter, the State Planning Office is directed to Department of Conservation, Bureau of Geology, Natural Areas and Coastal Resources shall draw the water boundaries of the 8 coastal counties in order to determine in which registry of deeds the island shall must be registered. These lines shall must be drawn in accordance with the corporate charters of the counties as amended. In instances in which the charter does not clearly specify the seaward boundaries of the counties, the boundaries shall must be drawn in accordance with state law and the principles contained in the International Convention for the Contiguous and Territorial Sea in determining seaward boundaries between adjacent nation states.

Sec. KK-22. 35-A MRSA §3451, sub-§9, ¶H,  as enacted by PL 2007, c. 661, Pt. A, §7, is amended to read:

Sec. KK-23. 35-A MRSA §3457, sub-§2,  as enacted by PL 2007, c. 661, Pt. A, §7, is amended to read:

Sec. KK-24. 38 MRSA §361-A, sub-§1-D,  as amended by PL 1999, c. 556, §30, is further amended to read:

Sec. KK-25. 38 MRSA §401, 7th ¶,  as enacted by PL 1979, c. 472, §12, is amended to read:

It is the intention of the Legislature that the Bureau of Geology , Natural Areas and Coastal Resources provide coordination and develop programs for the collection and analysis of information relating to the nature, extent and quality of aquifers and aquifer recharge areas.

Sec. KK-26. 38 MRSA §402,  as amended by PL 1999, c. 556, §31, is further amended to read:

§ 402. Research

The Bureau of Geology , Natural Areas and Coastal Resources in cooperation with the Department of Environmental Protection, is authorized to conduct research and studies to determine recharge and cleansing rates of ground water in different sand and gravel and bedrock formations.

The Bureau of Geology and , Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Conservation in cooperation with other agencies as appropriate shall conduct a 3-year program to assess the impact of agricultural practices and chemicals on ground water quality in selected agricultural areas and selected aquifers. The program must evaluate the extent and level of contamination associated with pesticide use, the mechanisms by which pesticides move through the soil and into ground water supplies, the synergistic effects of these substances and their persistence in ground water.

The survey shall report annually its progress to the joint standing committee of the Legislature having jurisdiction over natural resources.

Sec. KK-27. 38 MRSA §410-I, sub-§1,  as enacted by PL 1991, c. 345 and amended by PL 2003, c. 689, Pt. B, §7, is further amended to read:

Sec. KK-28. 38 MRSA §546-B, sub-§1,  as enacted by PL 1991, c. 454, §6, is amended to read:

Sec. KK-29. 38 MRSA §549,  as amended by PL 1999, c. 556, §36, is further amended to read:

§ 549. Personnel and equipment

The commissioner shall establish and maintain at such ports within the State, and other places as the commissioner determines, employees and equipment necessary to carry out this subchapter. The commissioner, subject to the Civil Service Law, may employ personnel necessary to carry out the purposes of this subchapter, and shall prescribe the duties of those employees. The salaries of those employees and the cost of that equipment must be paid from the Maine Coastal and Inland Surface Oil Clean-up Fund established by this subchapter. The commissioner and the Director of the Bureau of Geology and , Natural Areas and Coastal Resources shall periodically consult with each other relative to procedures for the prevention of oil discharges into the coastal waters of the State from offshore drilling production facilities. Inspection and enforcement employees of the department in their line of duty under this subchapter have the powers of a constable.

Sec. KK-30. 38 MRSA §1804,  as enacted by PL 2001, c. 595, §1, is amended to read:

§ 1804. Interagency review of coastal water access issues

The Executive Department , State Planning Office of Conservation and the Department of Marine Resources, within existing budgeted resources, shall convene a working group of staff from all state agencies that deal with coastal water access issues to share data, program activities and areas for collaboration on coastal water access issues. Each agency shall identify the coastal water access data that the agency has, the coastal water access data that the agency needs and potential funding sources for the collection of the needed data. Other stakeholders may be included as appropriate. The State Planning Office Department of Conservation and the Department of Marine Resources shall submit a report of the working group's activities, including how the agencies can work cooperatively to make creative use of available funds to address both recreational and commercial access needs and to optimize projects that are multiuse in nature to the joint standing committee of the Legislature having jurisdiction over marine resources matters by January 15th of every odd-numbered year.

Sec. KK-31. 38 MRSA §1905, sub-§1,  as amended by PL 1999, c. 556, §40, is further amended to read:

Sec. KK-32. Transition provisions; Maine Coastal Program-related matters. The following provisions apply to reassignment of duties, responsibilities and activities regarding management and administration and implementation of aspects of the State's federally approved coastal zone management program from the Executive Department, State Planning Office to the Department of Conservation, Bureau of Geology, Natural Areas and Coastal Resources.

1. The Governor shall designate the Department of Conservation to receive and administer implementation grants for and serve as the state agency for federal consistency review as provided by the Maine Coastal Program approved by the National Oceanic and Atmospheric Administration in September 1978 and as subsequently amended in accordance with the federal Coastal Zone Management Act of 1972, 16 United States Code, Sections 1451 to 1466 (2012). No later than one year following the effective date of this section, the Department of Conservation shall submit to the National Oceanic and Atmospheric Administration, Office of Ocean and Coastal Resource Management for its review and approval in accordance with 15 Code of Federal Regulations, Part 923 any changes to the Maine Coastal Program necessary to conform the program to the intent of this section.

2. Six authorized positions and incumbent personnel in the State Planning Office assigned to the Maine Coastal Program are transferred to the Department of Conservation, Bureau of Geology, Natural Areas and Coastal Resources. Those employees retain their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

3. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, the State Controller, upon request of the State Budget Officer and with the approval of the Governor, shall transfer to the proper account in the Department of Conservation all accrued expenditures, assets and liabilities, including but not limited to any contractual obligations, balances, appropriations, allocations, transfers, revenues and other available funds, in any account or subdivision of an account of the State Planning Office established for administration of funds related to management of coastal resources, including but not limited to grant funds from the National Oceanic and Atmospheric Administration pursuant to the federal Coastal Zone Management Act of 1972, 16 United States Code, Sections 1451 to 1466 (2012). Nothing in this section changes or is intended to change or otherwise affect the purposes or uses for which any funds transferred pursuant to this section may be expended.

Sec. KK-33. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 12, chapter 201-A, subchapter 1, in the subchapter headnote, the words "bureau of geology and natural areas" are amended to read "bureau of geology, natural areas and coastal resources" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. KK-34. Effective date. This Part takes effect July 1, 2012.

PART LL

Sec. LL-1. 5 MRSA §7504,  as enacted by PL 1995, c. 54, §1, is amended to read:

§ 7504. Staff and administrative services

The State Planning Office Department of Education shall provide staff and administrative services as follows.

Sec. LL-2. Transition provisions; Maine Commission for Community Service matters. The following provisions apply to the reassignment of duties, responsibilities and activities of the Maine Commission for Community Service.

1. Five authorized positions and incumbent personnel in the Executive Department, State Planning Office assigned to the Maine Commission for Community Service are transferred to the Department of Education, Maine Commission for Community Service. These employees retain their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

2. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, the State Controller, upon request of the State Budget Officer and with the approval of the Governor, shall transfer to the proper account in the Department of Education, Maine Commission for Community Service program all accrued expenditures, assets and liabilities, including but not limited to any contractual obligations, balances, appropriations, allocations, transfers, revenues and other available funds, in any account or subdivision of an account of the State Planning Office established for funds administered by the Maine Commission for Community Service. Nothing in this section changes or is intended to change or otherwise affect the purposes or uses for which any funds transferred pursuant to this section may be expended.

Sec. LL-3. Effective date. This Part takes effect July 1, 2012.

PART MM

Sec. MM-1. 2 MRSA §9, sub-§§1 and 2,  as enacted by PL 2007, c. 656, Pt. C, §1, are amended to read:

Sec. MM-2. 2 MRSA §9, sub-§2-A,  as enacted by PL 2009, c. 372, Pt. H, §1, is repealed and the following enacted in its place:

Sec. MM-3. 2 MRSA §9, sub-§3, ¶G,  as enacted by PL 2007, c. 656, Pt. C, §1, is amended to read:

Sec. MM-4. 2 MRSA §9, sub-§§6 and 7  are enacted to read:

Sec. MM-5. 7 MRSA §2, 4th ¶,  as amended by PL 1991, c. 9, Pt. I, §6, is further amended to read:

In addition, the commissioner shall be concerned with the quality of life of Maine farmers and rural communities. The commissioner shall promote: farm financing and rural development proposals; conservation and preservation of agricultural lands; increased and improved production of beef, poultry, sheep, dairy beef and other livestock; expanded and improved production of potatoes, fruits and other vegetables and horticultural ventures; coordinated foreign and domestic marketing of Maine agricultural products; in conjunction with the university, crop development and integrated pest management; and conservation of nonrenewable energy resources and utilization of renewable energy resources in conjunction with the State Planning Office Governor's Energy Office. To accomplish these objectives, the commissioner is authorized for, or on behalf of, Maine's farmers and rural community: to engage in research and educational programs; to participate directly or indirectly in programs to encourage and enable individuals to enter agricultural or other rural enterprises; to institute litigation or upon request to represent farmers or other members of the rural community in litigation where the commissioner determines that such litigation may be beneficial to agricultural industry as a whole; and to exercise all other powers of an agency of State Government. The commissioner may study such issues and, consistent with statute, take such actions either individually, for, or on behalf of, the State's farmers or rural residents, or jointly with such other persons, agencies or organizations as the commissioner determines may benefit the State's farmers and rural communities. To further accomplish these objectives, the commissioner is authorized beginning July 1, 1991, on behalf of the State's rural community, to administer food assistance programs including the receipt, distribution and administration of federal and state funds, including block grants, for food assistance.

Sec. MM-6. 10 MRSA §1023-K, sub-§1,  as amended by PL 2009, c. 124, §2, is further amended to read:

Sec. MM-7. 10 MRSA §1023-K, sub-§3-B,  as enacted by PL 2009, c. 124, §2, is amended to read:

Sec. MM-8. 10 MRSA §1043, sub-§2, ¶O,  as amended by PL 2011, c. 586, §3, is further amended to read:

Sec. MM-9. 10 MRSA §1492, sub-§1,  as amended by PL 1989, c. 501, Pt. DD, §29, is further amended to read:

Sec. MM-10. 10 MRSA §9722, sub-§2, ¶I,  as enacted by PL 2007, c. 699, §6, is amended to read:

Sec. MM-11. 12 MRSA §405-A, sub-§4,  as enacted by PL 1987, c. 635, is amended to read:

Sec. MM-12. 22 MRSA §666, sub-§§1 and 2,  as reenacted by PL 2007, c. 539, Pt. KK, §5, are amended to read:

Sec. MM-13. 22 MRSA §676, sub-§6,  as amended by PL 1989, c. 501, Pt. DD, §31, is further amended to read:

Sec. MM-14. 35-A MRSA §122, sub-§1-B, ¶A,  as enacted by PL 2009, c. 655, Pt. A, §2, is amended to read:

Sec. MM-15. 35-A MRSA §122, sub-§2, ¶B,  as amended by PL 2009, c. 655, Pt. A, §2, is further amended to read:

Sec. MM-16. 35-A MRSA §122, sub-§7, ¶C,  as amended by PL 2009, c. 655, Pt. A, §2, is further amended to read:

Sec. MM-17. 35-A MRSA §4131, sub-§3, ¶C,  as amended by PL 1995, c. 254, §12, is further amended to read:

Sec. MM-18. 35-A MRSA §10103, sub-§2, ¶A,  as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:

Sec. MM-19. 37-B MRSA §742, sub-§2, ¶B,  as amended by PL 2005, c. 677, Pt. C, §2, is further amended to read:

Sec. MM-20. 38 MRSA §480-HH, sub-§3, ¶H,  as enacted by PL 2009, c. 270, Pt. A, §2, is amended to read:

Sec. MM-21. 38 MRSA §634, sub-§3,  as amended by PL 1989, c. 501, Pt. DD, §46 and affected by c. 890, Pt. A, §40 and amended by Pt. B, §183, is further amended to read:

Sec. MM-22. 38 MRSA §640, first ¶,  as enacted by PL 1989, c. 453, §2, is amended to read:

Unless otherwise provided in accordance with regulations promulgated by the Federal Energy Regulatory Commission, for all existing hydropower projects located in Maine currently licensed under the Federal Power Act, and for all proposed hydropower projects requiring a license to operate under the Federal Power Act, all state agencies that review, comment on and consult in the proposed studies, plans, terms and conditions in the course of licensing or relicensing these projects, including the State Planning Office Department of Conservation, the Governor's Energy Office, the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife and the Department of Marine Resources, shall cooperatively take the following steps to ensure that interested members of the public are informed of, and allowed to participate in, the review and comment process.

Sec. MM-23. 38 MRSA §1480-A,  as amended by PL 1995, c. 642, §19 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

§ 1480-A. Joint hearings; intervention

The Department of Health and Human Services or the State Planning Office Governor's Energy Office may intervene in any federal licensing proceeding to carry out the purpose of this chapter.

Sec. MM-24. Rename Governor's Office of Energy Independence and Security program. Notwithstanding any other provision of law, the Governor's Office of Energy Independence and Security program within the Executive Department is renamed the Governor's Energy Office program.

Sec. MM-25. Transition provisions; Governor's Energy Office matters. The following provisions apply to the reassignment of energy policy-related duties and responsibilities of the Executive Department, State Planning Office to the Governor's Energy Office.

1. Two authorized positions and incumbent personnel in the State Planning Office currently assigned to duties and responsibilities of the Governor's Energy Office are transferred to the Governor's Energy Office. Those employees retain their accrued fringe benefits, including but not limited to vacation and sick leave, health and life insurance and retirement benefits.

2. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, the State Controller, upon request of the State Budget Officer and with the approval of the Governor, shall transfer to the proper account in the Governor's Energy Office all accrued expenditures, assets and liabilities, including but not limited to any contractual obligations, balances, appropriations, allocations, transfers, revenues and other available funds, in any account or subdivision of an account of the State Planning Office established for administration of grant funds previously allocated to the Governor's Energy Office. Nothing in this section changes or is intended to change or otherwise affect the purposes or uses for which any funds transferred pursuant to this section may be expended.

Sec. MM-26. Effective date. This Part takes effect July 1, 2012.

PART NN

Sec. NN-1. General transition provisions. The following provisions apply to the reassignment of duties and responsibilities and transfer of personnel of the Executive Department, State Planning Office to other agencies as provided in this Act.

1. By December 1, 2013, the Director of the Governor's Office of Policy and Management within the Executive Department shall submit legislation to the First Regular Session of the 126th Legislature to revise remaining references, if any, to the State Planning Office in the Maine Revised Statutes and to make any additional technical changes to the law needed to effectuate the intent of this Act. All references to the State Planning Office that are in the Maine Revised Statutes, private and special laws, resolves, rules, procedures, ordinances or plans that are in effect, in operation or are adopted by a state agency or other instrumentality of the State following the effective date of this Act must be construed to refer to the appropriate state agency, instrumentality or other entity in accordance with the terms and intent of this Act.

2. All rules and procedures that have been adopted by the State Planning Office and that are in effect on July 1, 2012 remain in effect until rescinded, revised or amended by the appropriate authority in accordance with this Act and other applicable state law. Nothing in this section is intended to increase, diminish or otherwise affect the rule-making authority of any agency or other instrumentality of State Government.

3. All personal property and equipment previously belonging to or allocated for the use of a program of the State Planning Office must be transferred to the agency to which that program is transferred by this Act. The Department of Administrative and Financial Services shall oversee and resolve any questions regarding such transfer in accordance with the intent of this Act.

4. Records of the State Planning Office that are needed for continued performance of a duty or function previously assigned to the State Planning Office must be transferred to the agency to which that duty or function is assigned by this Act. Other essential records of the State Planning Office must be transferred to the Department of Administrative and Financial Services to be maintained and stored pursuant to standard procedure.

5. The transfer of all personal property, equipment, records and personnel under this Act, except where provided otherwise, is effective July 1, 2012.

Sec. NN-2. Effective date. This Part takes effect July 1, 2012.

PART OO

Sec. OO-1. 20-A MRSA §7001, sub-§1-A,  as enacted by PL 2005, c. 662, Pt. A, §15, is amended to read:

Sec. OO-2. 20-A MRSA §7001, sub-§2-B,  as enacted by PL 2005, c. 662, Pt. A, §15, is amended to read:

Sec. OO-3. 20-A MRSA §7001, sub-§4-A,  as enacted by PL 2005, c. 662, Pt. A, §15, is repealed.

Sec. OO-4. 20-A MRSA §7209,  as amended by PL 2007, c. 530, §1 and c. 572, Pt. B, §§1 to 4, is further amended to read:

§ 7209. General administration and supervision

PART PP

Sec. PP-1. 36 MRSA §1752, sub-§8-C  is enacted to read:

Sec. PP-2. 36 MRSA §1752, sub-§11, ¶B,  as amended by PL 2011, c. 209, §1 and affected by §5, is further amended to read:

Sec. PP-3. 36 MRSA §1760, sub-§94  is enacted to read:

Sec. PP-4. Retroactivity. Those sections of this Part that enact the Maine Revised Statutes, section 1752, subsection 8-C and section 1760, subsection 94 and amend section 1752, subsection 11, paragraph B apply retroactively to sales occurring on or after January 1, 2012.

PART QQ

Sec. QQ-1. 36 MRSA §111, sub-§7,  as amended by PL 1997, c. 526, §6, is further amended to read:

Sec. QQ-2. 36 MRSA §187-B, sub-§1-A,  as enacted by PL 2007, c. 437, §3 and affected by §22, is repealed.

Sec. QQ-3. 36 MRSA §187-B, sub-§7,  as amended by PL 2011, c. 380, Pt. L, §1, is further amended to read:

Sec. QQ-4. 36 MRSA §5102, sub-§10,  as amended by PL 1999, c. 414, §39, is further amended to read:

Sec. QQ-5. 36 MRSA §5222, sub-§6,  as enacted by P&SL 1969, c. 154, §F, is repealed.

Sec. QQ-6. 36 MRSA §5241,  as amended by PL 1997, c. 746, §23 and affected by §24, is repealed.

Sec. QQ-7. 36 MRSA §5245,  as amended by PL 2011, c. 1, Pt. CC, §4 and affected by §5, is repealed.

Sec. QQ-8. Application. This Part applies to tax years beginning on or after January 1, 2012.

PART RR

Sec. RR-1. Calculation and transfer; General Fund; business communications lines savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in section 2 of this Part that applies against each General Fund account for executive branch departments and agencies statewide and the judicial branch as a result of lowered costs of business communications lines. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2011-12 and 2012-13. The State Budget Officer shall provide a report of the transferred amounts to the Joint Standing Committee on Appropriations and Financial Affairs no later than October 1, 2012.

Sec. RR-2. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Departments and Agencies - Statewide 0016

Initiative: Reduces funding based on savings achieved as a result of lowered costs of business communications lines.

GENERAL FUND	2011-12	2012-13
All Other	($45,360)	($77,760)
GENERAL FUND TOTAL	($45,360)	($77,760)

PART SS

Sec. SS-1. 5 MRSA §943, sub-§1, ¶E,  as amended by PL 1983, c. 862, §15, is further amended to read:

Sec. SS-2. 26 MRSA §1401-B, sub-§1, ¶B,  as amended by PL 2007, c. 1, Pt. D, §4, is further amended to read:

PART TT

Sec. TT-1. Transfer of funds; Department of Inland Fisheries and Wildlife carrying account. On or before August 1, 2012, the State Controller shall transfer $32,555 from the Carrying Balances - Inland Fisheries and Wildlife program, General Fund account in the Department of Inland Fisheries and Wildlife to the Resource Management Services - Inland Fisheries and Wildlife program, General Fund account in the Department of Inland Fisheries and Wildlife and transfer $32,555 from the Carrying Balances - Inland Fisheries and Wildlife program, General Fund account in the Department of Inland Fisheries and Wildlife to the Fisheries and Hatcheries Operations program, General Fund account in the Department of Inland Fisheries and Wildlife to partially fund the reorganization of 3 positions that are included in the retirement incentive program to Biologist II positions.

PART UU

Sec. UU-1. Lapsed balances; Veterans' Organization Tax Reimbursement program; General Fund account. Notwithstanding any other provision of law, $55,798 of unencumbered balance forward in the All Other line category in the Veterans' Organization Tax Reimbursement program, General Fund account in the Department of Administrative and Financial Services lapses to the General Fund in fiscal year 2011-12.

Sec. UU-2. Lapsed balances; Veterans' Organization Tax Reimbursement program; General Fund account. Notwithstanding any other provision of law, $5,766 of unencumbered balance forward in the All Other line category in the Veterans' Organization Tax Reimbursement program, General Fund account in the Department of Administrative and Financial Services lapses to the General Fund in fiscal year 2011-12.

PART VV

Sec. VV-1. Calculation and transfer; General Fund savings; central administration. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in the Statewide Service Center account in section 2 of this Part that applies against each General Fund account for executive branch departments and independent agencies statewide from implementing a decrease in charges made by the Department of Administrative and Financial Services, Division of Financial and Personnel Services for its services. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal years 2011-12 and 2012-13. The State Budget Officer shall provide a report of the transferred amounts to the Joint Standing Committee on Appropriations and Financial Affairs no later than October 1, 2012.

Sec. VV-2. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Executive Branch Departments and Independent Agencies - Statewide 0017

Initiative: Recognizes savings from implementing a decrease in charges made by the Division of Financial and Personnel Services in the Department of Administrative and Financial Services for its services.

GENERAL FUND	2011-12	2012-13
Personal Services	$0	($1,134,518)
GENERAL FUND TOTAL	$0	($1,134,518)

PART WW

Sec. WW-1. 25 MRSA §2396, first ¶,  as amended by PL 1997, c. 728, §17, is further amended to read:

The Office of the State Fire Marshal is established as a bureau within the Department of Public Safety. The Commissioner of Public Safety , with the advice and consent of the Governor and subject to review by the joint standing committee of the Legislature having jurisdiction over public safety matters and to confirmation by the Legislature, shall appoint as State Fire Marshal a person experienced in fire prevention work , who may be removed for cause by the commissioner to serve for a term of 4 years coterminous with the Governor. The State Fire Marshal may be removed by impeachment or by the Governor on the address of both branches of the Legislature. The Commissioner of Public Safety or the commissioner's designee shall appoint, subject to the Civil Service Law, such investigators, inspectors and other employees as are necessary to carry out the duties assigned to the office. The State Fire Marshal and the Commissioner of Public Safety or the commissioner's designee have all of the duties and responsibilities assigned to the office.

PART XX

Sec. XX-1. Personal Services savings; transfer to General Fund undedicated revenue. Notwithstanding the Maine Revised Statutes, Title 5, section 1582, subsection 4 or any other provision of law, the State Controller is authorized to transfer the first $6,000,000 of unexpended Personal Services appropriations that would otherwise lapse to the Salary Plan program in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund at the close of fiscal year 2011-12.

Sec. XX-2. General Fund Salary Plan; transfer to General Fund undedicated revenue. Notwithstanding any other provision of law, the State Controller is authorized to transfer up to $6,000,000 from the Salary Plan program in the Department of Administrative and Financial Services to the unappropriated surplus of the General Fund at the close of fiscal year 2011-12 in the event that the total savings in section 1 of this Part are not achieved.

PART YY

Sec. YY-1. Lapsed balances; Agricultural Vitality Program - Carrying Account; General Fund. Notwithstanding any other provision of law, $6,072 of unencumbered balance forward in the All Other line category in the Agricultural Vitality Program - Carrying Account, General Fund account in the Department of Agriculture, Food and Rural Resources lapses to the General Fund in fiscal year 2011-12.

PART ZZ

Sec. ZZ-1. Attrition savings. Notwithstanding any other provision of law, the attrition rate for fiscal year 2012-13 only is increased from 5% to 6% for executive branch departments and agencies and the judicial branch.

Sec. ZZ-2. Calculation and transfer; General Fund; attrition savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in section 3 of this Part that applies against each General Fund account for executive branch departments and agencies statewide and the judicial branch as a result of attrition savings. The State Budget Officer shall transfer the savings by financial order upon approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2012-13. The State Budget Officer shall provide a report of the transferred amounts to the Joint Standing Committee on Appropriations and Financial Affairs no later than October 1, 2012.

Sec. ZZ-3. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Departments and Agencies - Statewide 0016

Initiative: Reduces funding to reflect projected savings from the increase in the attrition rate from 5% to 6% for fiscal year 2012-13.

GENERAL FUND	2011-12	2012-13
Personal Services	$0	($3,454,047)
GENERAL FUND TOTAL	$0	($3,454,047)

PART AAA

Sec. AAA-1. Department of Health and Human Services; state psychiatric centers; transfers and adjustments to position count. The Commissioner of Health and Human Services shall review the current organizational structure of the State's psychiatric centers to improve organizational efficiency and cost-effectiveness within the centers. Notwithstanding any other provision of law, the State Budget Officer is authorized to transfer position counts and available balances by financial order in order to achieve the purposes of this section. In accordance with the requirements of the Maine Revised Statutes, Title 5, section 1585, a financial order describing such a transfer must be submitted by the Department of Administrative and Financial Services, Bureau of the Budget to the Office of Fiscal and Program Review 30 days before a transfer is to be implemented. In the case of extraordinary emergency transfers, the 30-day prior submission requirement may be waived by vote of the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. Any transfer or adjustment pursuant to this section that would result in a program or mission change must be reported to the joint standing committee of the Legislature having jurisdiction over health and human services matters for review before the associated financial order is submitted to the Governor for approval. These transfers made prior to September 1, 2012 are considered adjustments to authorized position count, appropriations and allocations in fiscal year 2012-13. On or before June 30, 2013, the commissioner and the State Budget Officer shall provide the joint standing committees of the Legislature having jurisdiction over health and human services matters and appropriations and financial affairs a report on the authorized position count and appropriations and allocations transferred.

Sec. AAA-2. Riverview Psychiatric Center; calculation and transfer. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of Unallocated funding appropriated in section 3 of this Part that applies against each line category in the Riverview Psychiatric Center program, General Fund account and transfer those amounts by financial order upon the approval of the Governor. The State Budget Officer shall determine the authorized position count related to the amount transferred to the Personal Services line category and transfer those positions from the Riverview Psychiatric Center program, Other Special Revenue Funds account to the Riverview Psychiatric Center program, General Fund account by financial order upon the approval of the Governor. These transfers are considered adjustments to authorized position count and appropriations and allocations in fiscal year 2012-13. The State Budget Officer shall submit a report on the authorized position count and amounts transferred to the Joint Standing Committee on Appropriations and Financial Affairs on September 1, 2012.

Sec. AAA-3. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)

Riverview Psychiatric Center 0105

Initiative: Provides funding to offset a reduction in disproportionate share payments for individuals transferred from jails or prisons, for individuals for whom the court has ordered evaluations and for individuals determined to be incompetent to stand trial.

GENERAL FUND	2011-12	2012-13
Unallocated	$0	$3,176,972
GENERAL FUND TOTAL	$0	$3,176,972

PART BBB

Sec. BBB-1. Review of Maine Public Broadcasting Network. The Commissioner of Administrative and Financial Services shall consult with the Maine Public Broadcasting Network and the Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency and other state agencies as needed on the following matters:

1. A determination of the cost incurred by the Maine Public Broadcasting Network to provide emergency broadcasting services to the State on a fee-for-service basis;

2. A survey of other ways in which Maine Public Broadcasting Network assets may be available to the State for technical support, bandwidth and other data transmission services on a contractual basis;

3. A report from the Maine Public Broadcasting Network on the status of its strategic plan and the launch of a campaign to raise capital; and

4. A plan whereby, over the next 5 years, the appropriation provided by the State to the Maine Public Broadcasting Network for the purpose of providing a statewide public broadcasting network is gradually reduced and replaced by a fee-for-service contract to be agreed upon by the State and the Maine Public Broadcasting Network.

Sec. BBB-2. Report. The Commissioner of Administrative and Financial Services shall submit a report, together with any necessary implementing legislation, to the Joint Standing Committee on Appropriations and Financial Affairs by September 15, 2012. The joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs may report out a bill to the First Regular Session of the 126th Legislature.

PART CCC

Sec. CCC-1. Debt Service - Government Facilities Authority program; balance transfer. Notwithstanding any other provision of law, any balance remaining in the Debt Service - Government Facilities Authority program at the end of fiscal year 2011-12 is transferred to the Capital Construction/Repairs/Improvements - Administration program in the Department of Administrative and Financial Services.

PART DDD

Sec. DDD-1. PL 2011, c. 380, Pt. JJJ, §1,  as amended by PL 2011, c. 477, Pt. HH, §1, is further amended to read:

Sec. JJJ-1. Transfer from Other Special Revenue Funds to unappropriated surplus of the General Fund. Notwithstanding any other provision of law, the State Controller shall transfer $103,500,000 $91,000,000 on June 30, 2012 from Other Special Revenue Funds to the unappropriated surplus of the General Fund. On July 1, 2012, the State Controller shall transfer $103,500,000 $91,000,000 from the General Fund unappropriated surplus to Other Special Revenue Funds as repayment. This transfer is considered an interfund advance.

PART EEE

Sec. EEE-1. 34-A MRSA §1218  is enacted to read:

§ 1218.  Electronic Monitoring Fund

The Electronic Monitoring Fund is established in the department as an Other Special Revenue Funds program to provide funding for the expanded use of electronic monitoring in cases involving domestic violence.

Sec. EEE-2. Electronic monitoring in cases involving domestic violence. The Commissioner of Corrections shall consult with the Maine Commission on Domestic and Sexual Abuse established pursuant to the Maine Revised Statutes, Title 19-A, section 4013 and other interested parties to develop a plan to expand the use of electronic monitoring in cases involving domestic violence, subject to the availability of donations made to the Electronic Monitoring Fund established in Title 34-A, section 1218.

Sec. EEE-3. Appropriations and allocations. The following appropriations and allocations are made.

CORRECTIONS, DEPARTMENT OF

Electronic Monitoring Fund (N141)

Initiative: Allocates funds to establish the Electronic Monitoring Fund.

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
All Other	$0	$500
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$500

PART FFF

Sec. FFF-1. Savings. Notwithstanding any other provision of law, the Commissioner of Education and the Commissioner of Labor shall work together to identify $287,541 in efficiencies and savings within existing General Fund programs of the Department of Education and the Department of Labor in order to support the cost of one full-time Blindness and Rehabilitation Specialist position in the Department of Labor, Division for the Blind and Visually Impaired; one Teacher of Visually Impaired Children contracted position; and 2 Vision Rehabilitation Therapist contracted positions to provide services to blind and visually impaired children and adults.

Sec. FFF-2. Report. No later than September 15, 2012, the Commissioner of Education and the Commissioner of Labor shall present their findings to the Joint Standing Committee on Appropriations and Financial Affairs, the Joint Standing Committee on Education and Cultural Affairs and the Joint Standing Committee on Labor, Commerce, Research and Economic Development along with a plan to apply the identified savings to support the positions identified in section 1.

PART GGG

Sec. GGG-1. Health insurance premium payments for certain otherwise ineligible employees. Notwithstanding any other provision of law, an employee who has less than 10 years of state service but who is otherwise eligible to retire under the Maine Public Employees Retirement System as a state employee, whose position is eliminated pursuant to Part A, section 7 and who is unable to find employment in another position in state service is entitled to continued coverage under the state employee health insurance program under the Maine Revised Statutes, Title 5, section 285, and the State shall continue to pay that employee's premium. Such an employee, for the sole purpose of receiving retiree health insurance under the state employee health insurance program, is deemed to have retired from state service.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved, except as otherwise indicated.’