Legislators play their cards

Bills being submitted by area legislators, to be considered during the coming months by the 123rd Maine Legislature, address the new setback requirements for shorebird habitat, education funding and economic development in Washington County, including proposals to provide funding for the Downeast Heritage Museum, a $55 million bond issue for the fisheries and measures to keep the Boat School afloat in Eastport.

Several legislators, including Senator Kevin Raye of Perry, Rep. Ian Emery of Cutler and Rep. Howard McFadden of Dennysville, have submitted bills concerning the setback requirements near shorebird habitat that were enacted through LD 1981 during the last legislative session. Under that legislation, property owners with lands along the coast or a river or lake that have been designated as shorebird, waterfowl and wading bird habitat can only build within 250 feet of the shore if they can prove there is no practical way to build farther back from the shore. Emery's bill would change the setback to 100 feet from the shore. Raye's bill would revert the setback requirement to the previous 75 feet for shorebird feeding areas and change it to 150 feet for shorebird roosting areas. Inland wading bird and waterfowl areas would revert back to the 100-foot setback. Buildings constructed before September 12, 2006, would be grandfathered, since that is when the maps detailing the shorebird habitat areas first became available, Raye says. He also wants to ensure that clam diggers and worm harvesters are not affected by the regulation. Raye notes that Washington County is the county with the largest percentage of coastline affected, at 17%. The different measures may be combined into one bill.

In addition to the bills directly considering the new setback requirements, Emery is sponsoring a bill, at the request of Jon Reisman, a University of Maine professor from Cooper, that would require the state to conduct an impact analysis on the cost to property owners when a new regulation or law restricts the use of their property.

School funding
Both Raye and McFadden are submitting bills concerning the Essential Programs and Services school funding formula. They believe that the adjustments made for the cost of living according to the state's labor markets are unfair to small, rural school districts. Presently, Washington County school districts only receive 84% instead of 100% reimbursement for cost of living. McFadden's bill would change the formula so that all school districts would receive 100% reimbursement. "We deserve our fair share," says McFadden. Raye's bill would allow school districts to use the housing index for reimbursement instead of the salary index, if it is below 100%.

Raye is also submitting a bill to ensure equitable geographic representation on the Maine Board of Education. He says the nine-member board is dominated by representatives from the 1st Congressional District and large cities, with only one person from a town with a population less than 5,000. "We have virtually no seat at the table," says Raye. "Decisions are dominated by the urban areas, but this is a rural state."

Boat school bills
Raye is sponsoring two bills aimed at protecting the Boat School in Eastport. One would authorize the transfer of the facility to the City of Eastport, which is a place-holder bill to be used as necessary, and the other would require that the Washington County Community College continue instruction at and recruitment of students for the Boat School. Raye says both bills can be used as vehicles to allow for legislation based on the report being prepared by the Department of Economic and Community Development.

Economic development measures
Rep. Anne Perry of Calais is submitting a bill to provide $1 million in funding over a five-year period for the Downeast Heritage Museum in Calais, which has filed for bankruptcy. Of the effort needed to convince legislators to support the measure, Perry says, "We'll have to do an awful lot of selling. It will be an uphill battle."

Emery has been gathering support for his bill for a $55 million bond issue for hatchery production and stock enhancement in the fisheries. He wants to invest in hatchery rearing for clams, urchins, scallops, mussels, lobsters and groundfish to help rebuild depleted resources. The legislator, who is also a fisherman, considers it a proactive approach to sustaining the wild fisheries and allowing more people into the fisheries. "I hope to have strong bipartisan backing to give it the best chance of passing," he says. A bond bill requires two-thirds support from both the House and the Senate and then approval during a statewide referendum.

Emery is also putting in a bill to ensure proper management of the sea urchin fishery. He is concerned that communication between the sea urchin zone council and the Department of Marine Resources (DMR) needs to improve and that the DMR is resubmitting legislation, which was not passed in the previous session, that would give the commissioner authority to create subzones for the management of the urchin fishery. His bill is being submitted as a "defensive measure" to better reflect what the urchin industry wants, but the details of the bill have not yet been spelled out.

Another bill sponsored by Emery would create a regional airport authority for Washington County, which would help access federal funding for any new airport. He says the measure is not specific to any site in the county. In response to the opposition to the proposed airport in Jonesboro, McFadden is submitting a bill that would not allow the federal, state or county governments to build a project in a municipality if the majority of the residents have voted against it. He admits that the measure "probably doesn't stand much of a chance."

Raye is introducing several bills concerning economic development. A bill to promote rural broadband access would establish a position in state government to develop broadband services in rural Maine. Raye says the state is missing opportunities for federal grant funds because there is no coordinated effort to seek broadband services. "It's crucial for our future competitiveness," he says.

Raye and Perry are submitting bills that would return to Washington County any income and sales tax revenues paid by Washington County residents in excess of the baseline for this year. Under Raye's bill the funds would go to the Washington County Development Authority; Perry's bill would authorize a study for how to set up the process and then would allow a five-year pilot project.

Other bills submitted by Raye would promote county-based economic development efforts by allowing county governments to obtain matching funds from a regional services delivery fund; promote the redevelopment of the former Cutler naval base; and strengthen rural community investment by providing $150,000 a year to the Maine Rural Partners initiative. Another bill would allow county government to keep 30% instead of just 10% of the real estate transfer tax. Raye says the measure would mean an additional $150,000 for the Washington County budget.

Other legislation
In other legislative proposals, Perry is sponsoring a bill to provide funding for a program to dispose of unused prescription medications. The mail-in program to the Maine Drug Enforcement Agency would provide for environmentally appropriate disposal, and Perry notes that a pilot project may be conducted in the Calais area.

She is also putting in legislation to establish guidelines concerning predatory lending by entities such as payday lenders and non-bank mortgage lenders that charge high interest rates.

Emery is sponsoring a bill to provide several million in funding to complete the wastewater treatment plant in Machias, which will help protect clam flats in that area from being closed because of pollution. Raye has a similar bill that would seek a bond issue for wastewater treatment improvements throughout the state, with Calais and Machias being two of the top priority projects.

Two bills that Raye is submitting concern the election process. One would increase the minimum requirements for the amount that a candidate needs to raise in order to quality for Clean Elections funding; the other would prohibit candidates from being in state-sponsored advertising within six months of an election. Raye notes that, before the November election, numerous ads paid for by the state featured the governor.

One of Raye's bills would require mapping of conservation easements, purchases and gifts in the state, since there is presently no comprehensive map. Raye says the map would help legislators decide how much funding to provide for the setting aside of land for conservation. Another bill would help fund youth conservation education by allowing the Department of Inland Fisheries and Wildlife to auction off five additional moose hunting permits, with the funds to be used for the Greenland Point and Bryant Pond conservation camps. Other bills would: increase the property tax exemption for veterans; require the Department of Transportation to establish a rest area on Route 9; and rename the boat landing in Robbinston for Eldon R. Brooks.