CHAPTER 604
H.P. 1244 - L.D. 1668
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4349-A, sub-§3, as amended by PL 2001, c. 406, §15, is repealed.
Sec. 2. 30-A MRSA §4349-A, sub-§3-A is enacted to read:
3-A. Preference for other state grants and investments. Preference for other state grants and investments is governed by this subsection.
A. When awarding a grant or making a discretionary investment under any of the programs under paragraph B, subparagraphs (1) and (2) or when undertaking its own capital investment programs other than for projects identified in section 4301, subsection 5-B, a state agency shall respect the primary purpose of its grant or investment program and, to the extent feasible, give preference:
(1) First, to a municipality that has received a certificate of consistency for its growth management program under section 4347-A;
(2) Second, to a municipality that has adopted a comprehensive plan that the office has determined is consistent with the procedures, goals and guidelines of this subchapter and has adopted zoning ordi-nances that the office has determined are consistent with the comprehensive plan; and
(3) Third, to a municipality that has adopted a comprehensive plan that the office has determined is consistent with the procedures, goals and guidelines of this subchapter.
If a municipality has submitted a comprehensive plan, zoning ordinance or growth management program to the office for review, the time for the office to respond as established in section 4347-A has expired and the office has not provided its comments or findings to the municipality, a state agency when awarding a grant or making a discretionary investment under this subsection may not give preference over the municipality to another municipality.
B. This subsection applies to:
(1) Programs that assist in the acquisition of land for conservation, natural resource protection, open space or recreational facilities under Title 5, chapter 353; and
(2) Programs intended to:
(a) Accommodate or encourage additional growth and development;
(b) Improve, expand or construct public facilities; or
(c) Acquire land for conservation or management of specific economic and natural resource concerns.
C. This subsection does not apply to state grants or other assistance for sewage treatment facilities, public health programs or education.
D. The office shall work with state agencies to prepare mechanisms for establishing preferences in specific investment and grant programs as described in paragraph B.
Sec. 3. Effective date. This Act takes effect July 1, 2005.
Effective July 1, 2005.
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