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| 3. Preference for other state grants and investments. When | awarding grants or making a discretionary investment under any of | the programs under paragraphs A and B or 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 first to a municipality that | receives a certificate of consistency under section 4347-A and 2nd | to a municipality that has adopted a comprehensive plan consistent | with the procedures, goals and guidelines of this subchapter over a | municipality that does not obtain the certificate or finding of | consistency within 4 years after receipt of the first installment | of a financial assistance grant or rejection of an offer of | financial assistance. This subsection applies to: |
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| A. Programs that assist in the acquisition of land for | conservation, natural resource protection, open space or | recreational facilities under Title 5, chapter 353; and |
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| (1) Accommodate or encourage additional growth and | development; |
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| (2) Improve, expand or construct public facilities; or |
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| (3) Acquire land for conservation or management of | specific economic and natural resource concerns. |
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| This subsection does not apply to state grants or other | assistance for sewage treatment facilities, public health | programs or education. |
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| The office shall work with state agencies to prepare mechanisms | for establishing preferences in specific investment and grant | programs as described in paragraphs A and B. |
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| | Sec. 18. 30-A MRSA §4352, sub-§6, as amended by PL 1993, c. 721, Pt. | A, §11 and affected by Pt. H, §1, is further amended to read: |
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| | 6. Effect on State. A zoning ordinance that is not | consistent with a comprehensive plan that is consistent with the | provisions of section 4326 is advisory with respect to the State. | Except as provided in this section, a state agency shall comply | with a zoning ordinance consistent with a comprehensive plan that | is consistent with the provisions of section 4326 in seeking to | develop any building, parking facility or other |
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