HP0588, LD 837, item 1, An Act To Clarify the Laws Establishing the Department of Agriculture, Conservation and Forestry

An Act To Clarify the Laws Establishing the Department of Agriculture, Conservation and Forestry

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 public interest is best served by expedient legislative determination of policy direction, clear guidelines regarding statutory configuration and renewed commitment to conservation and rural economic needs; and

Whereas, the organization of state responsibility assigned to assist and regulate any number of natural resources needs has multiple mandates better served with additional legislative clarification of the laws for the Department of Agriculture, Conservation and Forestry, including unified placement in the Maine Revised Statutes, Title 7; and

Whereas, it is necessary to immediately refine the laws governing agriculture, conservation and forestry in order to provide legislative clarification regarding the statutory configuration of those laws; 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 enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §933, sub-§1, ¶N, as amended by PL 2009, c. 552, §4, is further amended to read:

N. Director, Division of Quality Assurance and Regulation; and

Sec. 2. 5 MRSA §933, sub-§1, ¶O, as amended by PL 2011, c. 1, Pt. F, §1, is repealed.

Sec. 3. 5 MRSA §12004-H, sub-§10-A is enacted to read:

10-A.

Potato Marketing Improvement Fund Committee

Expenses Only

7 MRSA §972-B

Sec. 4. 7 MRSA §971-A is enacted to read:

§ 971-A. Definitions

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

1. Board. "Board" means the Maine Potato Board as established in Title 36, section 4603.

2. Committee. "Committee" means the Potato Marketing Improvement Fund Committee as established in Title 5, section 12004-H, subsection 10-A.

3. Fund. "Fund" means the Potato Marketing Improvement Fund as established in Title 10, section 1023-N.

Sec. 5. 7 MRSA §972-B is enacted to read:

§ 972-B. Potato Marketing Improvement Fund Committee

1. Members. The Potato Marketing Improvement Fund Committee, as established in Title 5, section 12004-H, subsection 10-A, consists of:

A. The commissioner or the commissioner's designee;

B. The immediate past president of the board; and

C. Five members who are appointed by the board and subject to approval by the Governor, one of whom must be a banker familiar with potato loan activities; one of whom must be a person in local government, State Government or Federal Government connected to the potato industry with a professional background that includes developing agricultural loans; one of whom must represent the processing sector of the potato industry; one of whom must represent the seed sector of the potato industry; and one of whom must represent the tablestock sector of the potato industry.

2. Duties. The committee shall:

A. Advise the board on the development and implementation of programs and activities that improve the economic viability of the potato industry;

B. Advise the board concerning the funding and expenditures of the fund; and

C. Make recommendations to the board on authorized uses of the fund and activities relating to the fund other than activities relating to the processing of loan applications or the servicing and administration of loans, subject to final approval of the commissioner.

Sec. 6. 7 MRSA §973-A, as enacted by PL 2001, c. 125, §3, is amended to read:

§ 973-A. Administration of Potato Marketing Improvement Fund

The commissioner board shall administer the Potato Marketing Improvement Fund established under Title 10, section 1023-N fund.

Sec. 7. 7 MRSA §974-A, sub-§2, as amended by PL 2001, c. 125, §4, is further amended to read:

2. State loan interest rate. The interest rate for state loans is 5%. Loans current on April 21, 1988 must be renegotiated to an interest rate of 5%.

A fee for administrative costs, which must be at a rate set by rule by the commissioner upon consultation with the Potato Marketing Improvement Committee board but that may not exceed 1% of the loan, must be charged on all loans made for projects, the total cost of which exceeds $50,000. This fee must be deposited in the Potato Marketing Improvement Fund fund.

Sec. 8. 7 MRSA §974-A, sub-§3 is enacted to read:

3. Approval of loans and grants. The commissioner has authority to approve all loans and grants from the fund.

Sec. 9. 7 MRSA §976, as amended by PL 2005, c. 335, §6, is further amended to read:

§ 976. Aroostook County office

The department board shall maintain or arrange for the maintenance of an office in Aroostook County located in a town most convenient to the largest number of potential users of the Potato Marketing Improvement Fund and sufficiently close to any local office of the board as to foster a close working relationship and provide a convenience to farmers who wish to visit both agencies. This office must be staffed by one or more business development specialists whose responsibilities are primarily responsible for work associated with the fund as well as other activities as defined by the board, subject to review by the department. The business development specialists shall must be available in the Aroostook County office on a regular basis.

Should the performance of the functions of the business development specialists be contracted for, this contract must be made by the agency managing the fund board and must be awarded through competitive bidding.

Sec. 10. 7-A MRSA §202, as enacted by PL 2011, c. 657, Pt. V, §1 and affected by §2, is amended to read:

§ 202. Mission; guiding principles

1. Mission. The mission of the department is to serve as the a steward of Maine's agricultural, forestry, water and land natural resources for the State economy. The department shall implement public policy that:

A. Supports the work of citizens who derive their livelihood through agricultural, conservation and forest-based interests and supports those who enjoy agricultural, conservation and forest-based interests;

B. Through education, technical assistance and research, promotes and protects the public health, the well-being of domestic animals, wise land usage and the preservation of the State’s key conservation assets; and

C. Assists in creating added value for land-derived and forest-derived products as well as creating outdoor-based recreational experiences for local, national and international markets.

2. Guiding principles. The following principles are adopted to guide the department in the performance of its duties:

A. Forestry, farming, conservation, public lands and other natural resource-based economic activity are important to the State's economy and quality of life; and

A-1. The State's rural jobs and multifaceted natural resources are at the same time a rich heritage to be carefully passed to successive generations and an evolving economic engine driving the recreation, food and fiber components of the State’s workplaces;

B. Strengthening farming, forestry, conservation, recreation, state parks, public lands and public access to the State's natural resources is vital to enhancing the State's natural resources economy . ; and

C. The State's land and water are the common denominators for fresh, locally grown food, for sustainable forest production and for the State's internationally recognized outdoor recreation and conservation venues.

Sec. 11. 7-A MRSA §203, sub-§1, as enacted by PL 2011, c. 657, Pt. V, §1 and affected by §2, is amended to read:

1. Appointment. The Governor shall appoint the commissioner, subject to review by the joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters and confirmation by the Senate. The commissioner , who must demonstrate expertise, experience or understanding of a range of issues relating to agriculture, conservation and forestry, serves at the pleasure of the Governor.

Sec. 12. 7-A MRSA §203, sub-§2, as enacted by PL 2011, c. 657, Pt. V, §1 and affected by §2, is amended to read:

2. Deputies; staff. The commissioner shall appoint 2 deputy commissioners , one of whom assists the commissioner with operations and administration of the department and one of whom assists the commissioner with agriculture, forestry and natural resources-based economic development. as follows:

A. The Deputy Commissioner of Agriculture, who must have expertise or relevant practical work experience or training in the farming and food industry and whose responsibilities include agricultural resource development; and

B. The Deputy Commissioner of Conservation and Forestry, who must have expertise or experience in land management and conservation, including forest management.

Sec. 13. 7-A MRSA §205, sub-§1, as enacted by PL 2011, c. 657, Pt. V, §1 and affected by §2, is repealed.

Sec. 14. 7-A MRSA §205, sub-§§6 and 7, as enacted by PL 2011, c. 657, Pt. V, §1 and affected by §2, are amended to read:

6. Division of Geology, Natural Areas and Coastal Resources. The Division of Geology and , Natural Areas and Coastal Resources, whose director must be qualified by training, experience and skill in geology, natural areas or , applied natural sciences or coastal resource management; and

7. Division of Land Use Planning, Permitting and Compliance. The Division of Land Use Planning, Permitting and Compliance, whose director must be qualified by experience in planning and administration. The director provides the principal administrative, operational and executive support to the Maine Land Use Regulation Planning Commission. The director is subject to appointment and removal by the commissioner, with the consent of a majority of members of the Maine Land Use Regulation Planning Commission.

Sec. 15. 10 MRSA §1023-N, first ¶, as amended by PL 2005, c. 335, §7 and PL 2011, c. 657, Pt. W, §6, is further amended to read:

There is created a fund known as the Potato Marketing Improvement Fund, referred to in this section as "the "fund." The fund must be deposited with and maintained by the authority to be used solely for investment in the Maine potato industry. The fund must be administered by the Maine Potato Board, established in Title 36, section 4603 and referred to in this section as "the board," and the Potato Marketing Improvement Fund Committee, established in Title 7, section 972-B and referred to in this section as "the committee," subject to final approval of the Commissioner of Agriculture, Conservation and Forestry , referred to in this section as "the commissioner," in accordance with Title 7, chapter 103, subchapter 10. All money received by the authority from any source for the development and implementation of improved storage, packing and marketing and programs and activities that improve the economic viability of the potato industry must be credited to the fund. Any money credited to the fund from the issuance of bonds on behalf of the State for agricultural development may be used only for the purposes of state loans as prescribed by Title 7, section 974-A to provide assistance to potato farmers for the design, construction, improvement, support and operation of storage, packing and marketing facilities; for programs and activities that improve the economic viability of the potato industry; and to pay the administrative costs of processing loan applications and servicing and administering the fund and loans and grants made therein, to the extent that the costs exceed the fee for administrative costs established by Title 7, section 974-A, subsection 2. At the discretion of the commissioner, the authority shall make payments directly to the board, which shall use those payments to implement the requirements of this section. During any period that the commissioner has authorized direct payments from the authority to the board, the authority shall make written annual reports to the commissioner detailing the amounts of payments to the board and the dates payments were made and the board shall make written annual reports to the commissioner and the joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters detailing the expenditure of those payments and staff activities. Repayment of these the loans and interest on the loans must be credited to the fund to be available for making additional state loans for the same purposes, except that any interest earned on the cash balance of the fund may be used for the grants authorized by Title 7, section 975-A. In order to provide additional amounts for loans, the Commissioner of Agriculture, Conservation and Forestry commissioner, at the commissioner's discretion upon consultation with the board, may take such actions and enter into such agreements as may be necessary to sell or assign up to $2,000,000 in the aggregate principal amount of loans and undivided interests in a pool of loans and assign or pledge any mortgage or other security to the authority, under the terms and conditions the commissioner considers advisable upon consultation with the board. The assignment and related transactions may not result in indebtedness of the State. The proceeds of the sale or assignment must be credited to the fund and used for the purposes authorized in this section.

Sec. 16. PL 2011, c. 657, Pt. V, §2 is amended to read:

Sec. V-2. Legislative intent. It is the intent of the Legislature that a bill submitted pursuant to Part W, section 4 that consolidates the Maine Revised Statutes, Title 7 and portions of Title 12 into Title 7-A be enacted into law by the 126th Legislature to create a unified statutory framework for the laws administered by the Department of Agriculture, Conservation and Forestry that incorporates the Maine Revised Statutes, Title 7-A and relevant portions of Title 12 into Title 7. If a bill submitted pursuant to Part W, section 4 has not been enacted into law by December 3, 2014, Title 7-A is repealed on that date. It is not the intent of the Legislature to require a complete recodification of Title 7.

Sec. 17. PL 2011, c. 657, Pt. V, §3 is repealed.

Sec. 18. PL 2011, c. 657, Pt. W, §4 is repealed.

Sec. 19. Transfer of functions and duties. The former Division of Agricultural Resource Development within the Department of Agriculture, Conservation and Forestry is relocated within the office of the Deputy Commissioner of Agriculture. The Deputy Commissioner of Agriculture shall assume responsibility for the functions and duties performed by the former Division of Agricultural Resource Development.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This bill:

1. Establishes the Potato Marketing Improvement Fund Committee to advise the Maine Potato Board on the development of programs and activities that improve the economic viability of the potato industry and, together with the board and subject to approval of the commissioner, to administer the Potato Marketing Improvement Fund;

2. Transfers responsibility for maintaining the Aroostook County office from the Department of Agriculture, Conservation and Forestry to the Maine Potato Board;

3. Expands the mission statement of the Department of Agriculture, Conservation and Forestry to more accurately reflect the mission of the department;

4. Amends the principles that guide the department in the performance of its duties;

5. Refines the scope of the 2 deputy commissioners' oversight and specifies the qualifications of the Commissioner of Agriculture, Conservation and Forestry;

6. Authorizes the Finance Authority of Maine to make payments from the Potato Marketing Improvement Fund directly to the Maine Potato Board; and

7. Clarifies the intent of the Legislature regarding the incorporation of statutory language and removes contingent repeal language.

HP0588 LD 837	Session - 126th Maine Legislature		LR 545 Item 1
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