Resolve, Directing the State Tax Assessor to Adjust the State Valuation for the Town of Ashland
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 Town of Ashland is the host community to the Boralex Ashland, Inc., formerly Northeast Empire Limited Partnership #II, biomass electrical generation facility; and
Whereas, as a result of severe disruptions in the economics and operations of the biomass electrical generation industry, the Town of Ashland has experienced a sudden and severe disruption of its municipal valuation related to the year 2001 municipal valuation relied upon by the State for purposes of establishing the 2003 state valuation, as determined by the Department of Administrative and Financial Services, Maine Revenue Services, Property Tax Division in September of 2002; and
Whereas, Maine Revenue Services, Property Tax Division has completed its state valuations and the appeal period for the same has passed; and
Whereas, absent this special legislation, there is no means for Maine Revenue Services, Property Tax Division to recalculate an adjusted state valuation for the Town of Ashland for the 2003 state valuation; 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, be it
Sec. 1. State valuation for Town of Ashland for year 2003. Resolved: That, due to the sudden and severe disruption of valuation caused by changes in the economics and operations of the biomass electrical generation industry, notwithstanding the Maine Revised Statutes, Title 36, sections 208 and 208-A, the State Tax Assessor shall reduce the state valuation for the Town of Ashland for the year 2003 state valuation to $66,950,000; and be it further
Sec. 2. General purpose aid for local schools; Ashland. Resolved: That the Commissioner of Education shall adjust the payments to the Town of Ashland for general purpose aid for local schools in fiscal year 2003-04 to reflect the revised 2003 state valuation provided by this resolve. If any savings occurs in the fiscal year 2003-04 General Purpose Aid for Local Schools account, the appropriate amount of those savings must be applied to increase the Ashland school administrative unit's general purpose aid for local schools in fiscal year 2003-04. If insufficient savings occur to fund all adjustments to 2003 state valuation made pursuant to enactments of the Legislature, the amount of savings must be divided equally among all school administrative units for which adjustments have been made. If insufficient savings occur in the fiscal year 2003-04 General Purpose Aid for Local Schools account to fully fund the adjustment required by this resolve, the appropriate increase in the Ashland school administrative unit's general purpose aid for local schools in fiscal year 2003-04 must be applied as an audit adjustment for general purpose aid for local schools in fiscal year 2004-05.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 23, 2003.
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