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An Act To Amend the Laws Regarding Municipal Conservation Commissions
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §3261, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
§ 3261.Conservation commissions
Unless otherwise provided under their home rule authority, municipalities may establish conservation commissions as provided in this section.
 
1. Appointment of commissioners, associate and alternate commissioners; ad hoc committees.   The municipal officers may appoint at least 3, but not more than 7, conservation commissioners. Members shallCommissioners must initially be appointed for terms of one, 2 and 3 years, such that the terms of approximately 1/3 of the memberscommissioners will expire each year. Their successors shallmust be appointed for terms of 3 years each. Members shallCommissioners serve until the appointment of their successors.
 
The commission may recommend to the municipal officers that associate members be appointed to assist the commission as the commission requires. Associate members are nonvoting members. Their terms of office shall be for one, 2 or 3 years.
 
A.  The commission may appoint nonvoting associate commissioners to assist the commission as the commission requires.
 
B.  Commissioners shall elect, for terms of one year, one of the voting commissioners to act as chair and one of the voting commissioners to act as secretary.
 
C.  The commission may recommend to the municipal officers that alternate commissioners be appointed to act in place of absent commissioners to ensure a quorum for voting purposes at a meeting.
 
D.  The commission may appoint ad hoc committees to perform specific tasks, which the commission shall define. Ad hoc committees must include and be chaired by a voting commissioner or associate commissioner. Ad hoc committees may include members of the public.
 
2. Duties of commission.   The commission shall:
 
A. Keep records of its meetings and activities and make an annual report to the municipality;
 
B.  Conduct research, in conjunction with the planning board, if any, into the local land areas;
 
C.  Seek to coordinate the activities of conservation bodies organized for similar purposes; and
 
D. Keep an index of all open areas within the municipality, whether publicly or privately owned, including open marshlands, swamps and other wetlands, for the purpose of obtaining information relating to the proper protection, development or use of those open areas. The commission may recommend to the municipal officers or any municipal body or board, or any body politic or public agency of the State, a program for the better protection, development or use of those areas, which may include the acquisition of conservation easements.;
 
(1) Any body politic or public agency of the State conducting planning operations with respect to open areas within a municipality having a conservation commission shall notify that conservation commission of all plans and planning operations at least 30 days before implementing any action under that plan.
 
E.  Develop an open area plan for review and approval by the municipal legislative body;
 
F.  Assist in drafting or updating natural resource provisions in the municipality's comprehensive plan as defined in section 4301, subsection 3;
 
G.  Advise the planning board or other municipal reviewing authority in its deliberations as they relate to effects on the environment and natural resources of the municipality; and
 
H.  Conduct activities designed to educate community members regarding the protection and conservation of natural resources.
 
Any body politic or public agency of the State conducting planning operations with respect to open areas within a municipality having a conservation commission shall notify that conservation commission of all plans and planning operations at least 30 days before implementing any action under such a plan or operation.
 
3. Powers of commission.   The commission may:
 
A. Advertise, prepare, print and distribute books, maps, charts, plans and pamphlets whichthat it considers necessary;
 
B.  Have the care and superintendence of the public parks and, subject to the approval of the municipal officers, direct the expenditure of all money appropriated for the improvement of those parks;
 
B-1.  Develop and recommend to the municipal officers or any municipal body or board, or any body politic or public agency of the State, programs for the better protection, development or use of open areas, which may include the acquisition of conservation easements;
 
C. Acquire land or interest in land in the municipality's name for any of the purposes set forth in this sectionfor which the municipal officers established the commission with the approval of the municipal legislative body; and
 
D. Receive gifts in the municipality's name for any of the commission's purposes andfor which the municipal officers established the commission; the commission shall administer the giftsuch gifts for those purposes subject to the terms of theeach gift.; and
 
E.  Collaborate with conservation entities established for similar purposes.
 
4.  Park commission under previous law.     This section does not require a municipality which has previously created a park commission under prior law to establish a conservation commission. Any such park commission previously created may continue to operate as originally established.
 
SUMMARY
This bill makes several changes to the law that permits municipal officers to establish a conservation commission. It adds the requirement that the commissioners appoint a chair and a secretary. It allows municipal officers to appoint alternate commissioners when necessary to ensure a quorum for voting purposes. It allows the commission to establish ad hoc committees and to appoint members to those committees that are not members of the commission.
It changes the duties and powers of the commission to include developing an open area plan; assisting in drafting the municipality's comprehensive plan; advising any municipal reviewing authority in its deliberation related to effects on the municipality's environment and natural resources; educating community members; and developing and recommending to bodies politic a program for the better use of open areas.
It repeals the provision that addressed park commissions established under previous law.