| 123rd MAINE LEGISLATURE | ||||||
| LD 1810 | LR 2241(03) | |||||
| An Act To Enact the Informed Growth Act | ||||||
| Fiscal Note for Bill as Amended by Committee Amendment " " | ||||||
| Committee: State and Local Government | ||||||
| Fiscal Note Required: Yes | ||||||
| Fiscal Note | ||||||
| State Mandate - Unfunded | ||||||
| State Mandates | ||||||
| Required Activity | Unit Affected | Costs | ||||
| Requiring municipalities prepare comprehensive impact studies is a state mandate pursuant to the Constitution of Maine. Public hearings and related administrative activites surrounding the permitting process are also mandated activities. The additional costs to accomplish these activities are expected to be significant. | Municipality | Significant | ||||
| Fiscal Detail and Notes | ||||||
| The bill requires permit applicants to pay $40,000 to the municipality. Although this payment reimburses the municipality for costs incurred in contracting for the comprehensive economic impact study and related costs, 30-A MRSA § 5685(3A) does not permit the state to meet its obligation to provide funding for mandated activities by authorizing a local unit of government to levy fees or taxes. Therefore, despite reimbursement from the permit applicant, without state reimbursement this bill will still be an unfunded state mandate. Without funding or a mandate preamble exempting the state from such funding, municipalities may not be required to adhere to the provisions of this bill. | ||||||