CHAPTER 568
S.P. 541 - L.D. 1672
An Act to Create the Washington County Development Authority
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA c. 379, sub-c. III, art. 2-A is enacted to read:
ARTICLE 2-A
WASHINGTON COUNTY DEVELOPMENT AUTHORITY
§13083-A. Washington County Development Authority established
The Washington County Development Authority is established as a body corporate and politic and a public instrumentality of the State to carry out the provisions of this article. The authority is authorized to take title, acquire and manage in the name of the State and by agreement with the Federal Government the property located within the geographical boundaries of any decommissioned federal military facility located within Washington County.
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.
1. Authority. "Authority" means the Washington County Development Authority.
2. Base area. "Base area" means the area within the geographical boundaries of any decommissioned federal military facility located within Washington County to which the authority has taken title.
3. Primary impact community. "Primary impact community" means the municipalities of Cutler, Machias, East Machias, Eastport, Lubec, Whiting and Dennysville.
4. Readjustment or reuse. "Readjustment" or "reuse" means an alternative use of the base area from its use as a military installation.
5. Real or personal property. "Real or personal property" means any property or assets transferred by the Federal Government or the United States Department of Defense pursuant to the closure of a federal military installation located in Washington County.
§13083-C. Washington County Development Authority; powers; membership; obligations
1. Powers. The authority is a public municipal corporation and may:
A. Sue and be sued;
B. Adopt bylaws or regulations consistent with this article for the governance of its affairs;
C. Exercise all of the general powers of corporations under Title 13-A, section 202;
D. Accept from the Federal Government and dispose of by lease, sale or transfer the real or personal property located within the geographical boundaries of a decommissioned federal military facility located within Washington County;
E. Apply for and accept grants from private and public entities to provide necessary funding for the activities of the authority and to carry out the purposes of this article;
F. Contract with the Federal Government or its instrumentalities or agencies; this State or its agencies, instrumentalities or municipalities; public bodies; and private corporations, partnerships, associations and individuals to carry out the purposes of this article;
G. Adopt rules pursuant to the Maine Administrative Procedure Act. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II-A; and
H. Take all other lawful action necessary and incidental to the powers under this subsection.
2. Membership; appointment. The authority is governed by a board of trustees composed of 9 voting members appointed or designated by the Governor.
A. The Governor shall make 8 appointments to the board of trustees, 6 of which must be from a pool of candidates who are residents of Washington County and are nominated by the primary impact communities. The Governor shall appoint members who reflect the diversity of interests represented by these communities.
B. The Governor shall designate a commissioner of a department of State Government to be a voting, ex officio member of the board of trustees.
The 8 appointed members are subject to review by the joint standing committee of the Legislature having jurisdiction over business and economic development matters and to confirmation by the Senate.
3. Terms. Trustees are appointed for 4-year terms, except that, for initial appointments, one trustee is appointed to a one-year term, 2 trustees to 2-year terms, 2 trustees to 3-year terms and 3 trustees to 4-year terms. The commissioner designated pursuant to subsection 2, paragraph B serves at the pleasure of the Governor. A trustee continues to hold office until a successor is appointed and qualified, but the term of the successor is not altered from the original expiration date of that term.
4. Quorum. Five members constitute a quorum. Five affirmative votes are required for the board of trustees to take action.
5. Liability. The liability of the authority is governed by the Maine Tort Claims Act, Title 14, chapter 741. Trustees are not subject to any personal liability for having acted in the service of their duty as board members of the authority.
6. Expenses. A trustee is not entitled to receive compensation for services to the authority but is entitled to receive reimbursement for necessary expenditures, including travel expenses, incurred in carrying out those services if the authority has available funds to reimburse such expenses.
7. Officers; temporary agents. The trustees shall elect a chair and vice-chair from among their members. The authority may contract with technical experts and other temporary agents that it requires if the authority has available funds to reimburse such experts and agents for their services. For required legal services, the authority may retain its own legal counsel.
§13083-D. Property of authority
The authority may lease, sell or transfer property or interests in property to a local development corporation or other entity determined by the trustees to be eligible to take ownership and possession of the property or interests in property to accomplish the readjustment or reuse of the facilities.
§13083-E. Termination of authority
The authority is not dissolved until it is terminated by the Legislature.
1. Annual report. The authority shall submit to the Governor, the Executive Director of the Legislative Council and the joint standing committee of the Legislature having jurisdiction over business and economic development matters, not later than 120 days after the close of the authority's fiscal year, a complete report on the activities of the authority. The report may also be provided to any other member of the Legislature and to any other person. The report must include for the previous year:
A. A description of the authority's operations and activities;
B. An accounting of the authority's receipts and expenditures and assets and liabilities at the end of its fiscal year;
C. A listing of all property transactions pursuant to section 13083-D;
D. A statement of the authority's proposed and projected activities for the ensuing year; and
E. Recommendations regarding further actions that may be suitable for achieving the purposes of this article.
Effective July 25, 2002, unless otherwise indicated.
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