(3) A project related to a commercial or industrial activity that, due to its operational or physical characteristics, typically is located away from other development, including natural resource-based industry, such as agricultural operations, forestry activities, mineral extraction and power generation; airports, ports and railroads and industry that must be proximate to an airport, a port or a railroad line or terminal; and pollution control facilities;

(4) A project that increases the capacity of highways and bridges that are part of the national highway system or increases other materials that address a regionwide or statewide need, provided that those projects incorporate best access management practices;

(5) A project that maintains, expands or promotes tourist or cultural facilities that are required to be proximate to specific historic, natural or cultural resources; or

(6) A project certified by the Land and Water Resources Council based on documentation provided by the head of the agency funding the project as having demonstrated that no feasible location exists within a locally designated growth area or within an area served by public sewers and that extraordinary circumstances nevertheless require state funds for the project.

Sec. 4. 30-A MRSA §4349, sub-§2, as amended by PL 1993, c. 721, Pt. B, §2 and affected by Pt. H, §1, is repealed.

Sec. 5. 30-A MRSA §4349, sub-§3 is enacted to read:

3.__Capital investments that are not growth-related.__ When awarding grants or assistance for capital investments or undertaking their own capital investment programs that are not growth-related capital investments as defined in section 4301, subsection 5-A, state agencies shall give preference to municipalities that receive a certificate of consistency under section 4348 or that have adopted comprehensive plans and implementation strategies consistent with the goals and guidelines of this subchapter over a municipality that does not obtain the certificate of consistency within 4 years after receipt of the first installment of a financial assistance grant or rejection of an offer of financial assistance.