HP0854, LD 1254, item 1, An Act To Implement and Fund an Integrated Beach Management Program

An Act To Implement and Fund an Integrated Beach Management Program

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §12004-I, sub-§24-G is enacted to read:

24-G.

Environment: Natural Resources

Beach Advisory Group

Not Authorized

38 MRSA §480-TT

Sec. 2. 36 MRSA c. 722 is enacted to read:

CHAPTER 722

BEACH MANAGEMENT FEE

§ 4911. Fee imposed

A fee is imposed on the rental in this State, between May 1st and October 31st, of living quarters in any hotel, rooming house or tourist or trailer camp in the amount of $1 per day. This fee is to be collected and administered in accordance with section 1754-B. For the purposes of this chapter, "hotel," "rooming house," "tourist camp" and "trailer camp" have the same meanings as in section 1752.

§ 4912. Administration

The fee imposed by this chapter is administered as provided in chapter 7 and Part 3, with the fee imposed pursuant to this chapter to be considered as imposed under Part 3.

The revenue derived from the fee imposed by this chapter must be deposited in the Beach Management Fund established under Title 38, section 480-VV, which must reimburse the General Fund for the administrative costs of the fee as certified by the Bureau of Revenue Services.

§ 4913. Effective date

This chapter is effective for sales of taxable services made in this State on and after October 1, 2015.

Sec. 3. 38 MRSA c. 3, sub-c. 1, art. 5-B is enacted to read:

ARTICLE 5-B

BEACH MANAGEMENT PROGRAM

§ 480-SS. Definitions

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

1. Beach. "Beach" means the zone of unconsolidated sand or gravel that extends landward from the mean low water line to the seaward toe of a dune. "Beach" includes the beach face and berm.

2. Beach nourishment. "Beach nourishment" means the artificial addition of sand, gravel or other similar natural material to a beach or subtidal area adjacent to a beach.

3. Dune restoration. "Dune restoration" means restoration of a natural or artificially constructed dune through the addition of sand and planting of native dune vegetation.

§ 480-TT. Beach Advisory Group

The Beach Advisory Group, referred to in this section as "the advisory group," as established in Title 5, section 12004-I, subsection 24-G, is created to advise the department on matters pertaining to the management, preservation and restoration of beaches in the State.

1. Membership. The advisory group consists of 9 members as follows:

A. The commissioner or the commissioner's designee, who serves as the chair of the advisory group;

B. The Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee;

C. The Commissioner of Inland Fisheries and Wildlife or the commissioner's designee;

D. The Commissioner of Marine Resources or the commissioner's designee; and

E. The following members of the public, appointed by the Governor:

(1) One representative of a statewide wildlife and wildlife habitat conservation group;

(2) One representative of a regional planning and development commission;

(3) One representative of a coastal property owners association;

(4) One representative of a municipal government whose boundaries include at least one beach; and

(5) One member of the public with demonstrated expertise and interest in the management, preservation and restoration of beaches.

2. Terms. Members appointed by the Governor serve 4-year terms. Members serve until their successors are appointed. A vacancy must be filled for the remainder of an unexpired term.

3. Meetings. The advisory group shall meet twice each year but may hold additional meetings as determined necessary by the chair.

4. Staff. The department shall provide staff support to the advisory group.

5. Duties. The advisory group may make recommendations to the department on:

A. Priority classifications of specific beaches based on:

(1) Geologic characteristics, including suitability for beach nourishment or dune restoration;

(2) Habitat value, including where such habitat is threatened;

(3) Availability for purchase by the State, including potential post-purchase management strategies; and

(4) Any other information that will assist the department in determining the priority classification of beaches in the State;

B. Economic evaluations regarding the importance of beaches to the State's economy and environment;

C. Funding estimates and recommendations for specific beach nourishment, preservation or restoration projects;

D. Methods of funding tourism infrastructure priorities related to beaches;

E. Potential additional funding sources to implement and support the programs and directives outlined in this article; and

F. Any additional information or recommendations relating to the management, preservation and restoration of the State's beaches the advisory group determines relevant to the department's administration of this article.

6. Report. By January 15, 2016 and annually thereafter, the advisory group shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the condition of the State's beaches, including specific recommendations for legislative or regulatory changes as necessary to support beach management, preservation and restoration activities. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out a bill related to the report.

§ 480-UU. Priority list for beach management activities

The department shall develop and maintain a priority list ranking all beaches in the State based on suitability for beach nourishment, dune restoration, land acquisition or other enhancement techniques using the criteria established in this section.

1. Classification. The department shall designate each beach in the State as high, medium or low priority for beach nourishment, dune restoration, land acquisition or other enhancement techniques based upon an analysis of the criteria in subsection 2.

2. Criteria. The department shall determine the priority ranking of each beach in the State as required by subsection 1 based on an analysis of its geologic characteristics, including suitability for beach nourishment or dune restoration activities; habitat value, including where such habitat is threatened or has potential for enhancement; availability for purchase by the State, including potential post-purchase management strategies; and any other information relevant to the determination of the priority classification of a beach.

3. Consultation. The department shall develop the priority list pursuant to this section in consultation with the Department of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey and Maine Coastal Program; the Department of Inland Fisheries and Wildlife; the Department of Marine Resources; and the Beach Advisory Group under section 480-TT.

§ 480-VV. Beach Management Fund

The Beach Management Fund, referred to in this section as "the fund," is created within the department as a nonlapsing dedicated fund for carrying out the purposes of this article. Funds deposited in the fund may be disbursed only for purposes specified in this section and for reimbursement of administrative costs as specified in Title 36, section 4912. Any funds appropriated or allocated to the fund must be deposited in the fund, and the fund may accept grants, bequests, gifts or contributions from any person.

1. Technical assistance and information. The department may disburse funds from the fund to develop coordinated programs for technical assistance to municipalities and homeowners and to make available information to municipalities and homeowners relating to beach management, including guidance on the creation of local or municipal beach management plans.

2. Municipal projects. The department may disburse funds from the fund to municipalities to provide assistance in the development and implementation of local beach management, preservation and restoration projects. Disbursements from the fund to municipalities must be consistent with the priority list established under section 480-UU. The department may not disburse funds from the fund to a municipality unless the municipality has in place a written beach management plan, approved by the commissioner, that accounts for the protection and preservation of any species designated as endangered or threatened pursuant to Title 12, section 12803 whose habitat is located wholly or partly within the beach area. The department may not disburse funds from the fund to a municipality unless the municipality demonstrates that any privately owned portion of the beach included in the proposed project has in place all easements necessary to provide public access to that beach.

3. Administrative costs. The department may use the fund to reimburse the department for administrative costs associated with the implementation and maintenance of the programs and directives contained in this article.

Sec. 4. Maine Coastal Program; report. By January 15, 2016, the Department of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources, Maine Coastal Program shall submit to the Department of Environmental Protection a report containing a draft priority ranking for specific beach management projects in the State. The report must also document one or more focal beach areas with willing sellers and recommendations for funding sources to support acquisition of the area by the State as part of a beach management strategy. The report must be developed in consultation with the Beach Advisory Group under the Maine Revised Statutes, Title 38, section 480-TT. The Maine Coastal Program shall provide a copy of the report to the joint standing committee of the Legislature having jurisdiction over natural resources matters.

Sec. 5. Maine Geological Survey; report. By January 15, 2016, the Department of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey shall submit to the Department of Environmental Protection a report recommending a high, medium or low priority, consistent with the Maine Revised Statutes, Title 38, section 480-UU, for each beach in the State based upon its geologic characteristics and suitability for beach nourishment or dune restoration, as those terms are defined under Title 38, section 480-SS, or other physical management techniques. The report must identify 4 to 6 beaches or beach segments in need of management and most suitable for beach nourishment, dune restoration or other physical management techniques. The Maine Geological Survey shall provide a copy of the report to the joint standing committee of the Legislature having jurisdiction over natural resources matters.

Sec. 6. Department of Inland Fisheries and Wildlife; report. By January 15, 2016, the Department of Inland Fisheries and Wildlife shall submit to the Department of Environmental Protection a report recommending a high, medium or low priority, consistent with the Maine Revised Statutes, Title 38, section 480-UU, for each beach in the State based upon its habitat value, including those beaches in need of additional habitat protection or having the potential for habitat enhancement through the implementation of habitat management strategies. The Department of Environmental Protection shall provide a copy of the report to the joint standing committee of the Legislature having jurisdiction over natural resources matters.

Sec. 7. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 38, section 480-TT, subsection 2, in making the original appointments of the public members of the Beach Advisory Group, the Governor shall designate the first appointment for a one-year term, the 2nd appointment for a 2-year term, the 3rd appointment for a 3-year term and any other appointments for 4-year terms.

SUMMARY

This bill implements and provides a funding mechanism for an integrated coastal beach management program. It imposes a $1 per day fee, effective October 1, 2015, on the rental, between May 1st and October 31st, of living quarters in any hotel, rooming house or tourist or trailer camp, to be deposited into the Beach Management Fund established by the bill. This bill also establishes the Beach Advisory Group, chaired by the Commissioner of Environmental Protection and composed of 8 additional members from state agencies and the public, which meets at least twice per year and advises the Department of Environmental Protection on matters related to the management, preservation and restoration of beaches in the State. The advisory group must also deliver an annual report to the joint standing committee of the Legislature having jurisdiction over natural resources matters, and the committee may report out a bill related to the report. This bill directs and provides criteria for the department to develop and maintain a priority list ranking all beaches within the State based on suitability for beach nourishment, dune restoration, land acquisition or other enhancement techniques. This bill stipulates that resources in the Beach Management Fund may be used to develop coordinated programs for technical assistance to municipalities and homeowners; to provide assistance in the development and implementation of local beach management, preservation and restoration projects; and to reimburse the department for administrative costs. Disbursements from the fund must be consistent with the priority list developed by the department. This bill directs the Department of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources, Maine Coastal Program to submit to the Department of Environmental Protection, by January 15, 2016, a report containing a draft priority ranking for specific beach management projects in the State, highlighting one or more focal beach areas with willing sellers for potential acquisition by the State. This bill directs the Department of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey to submit to the Department of Environmental Protection, by January 15, 2016, a report recommending priority rankings for each Maine beach based upon its geologic characteristics and suitability for beach nourishment, dune restoration or other physical management techniques, and identifying 4 to 6 beaches in need of management and most suitable for these techniques. This bill directs the Department of Inland Fisheries and Wildlife to submit to the Department of Environmental Protection, by January 15, 2016, a report recommending priority rankings for each Maine beach based upon its habitat value.

HP0854 LD 1254	Session - 127th Maine Legislature		LR 309 Item 1
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