An Act To Establish a Modern Transportation Policy
Maine Legislature, Session 121, LD 1213
Committee: Transportation
Sponsors: FAIRCLOTH, DAMON, MARLEY, USHER, HATCH

Legislative Document 
No. 1213 
H.P.887 
House of Representatives, March 6, 2003 
An Act To Establish a Modern Transportation Policy 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative FAIRCLOTH of Bangor. 
Cosponsored by Senator DAMON of Hancock and 
1Y/~1I7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: MARLEY of Portland, McNEIL of Rockland, USHER of Westbrook, 
Senator: HATCH of Somerset. 
Printed on req-c\ed paper 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 23MRSA§611, as amended by PL 2001, c. 687, §2, is 
repealed and the following enacted in its place: 
§611. Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
L 
Bikeway. 
"Bikeway" 
means 
a 
vehicle 
way, 
paved 
or 
unpaved, 
upon which bicycles, unicycles or other human-powered 
vehicles may be pedaled. 
Electric personal assistive mobility 
devices, as defined in Title 29-A, section 101, subsection 22-A, 
may also be operated on bikeways, 
unless prohibited by local 
ordinance or state or federal law. 
A bikeway may be part of a 
road or highway or may be adjacent to a road or highway. 
z. 
Shared-use path. 
"Shared-use path" means 
a 
way upon 
which pedestrians and human-powered vehicles may be operated. 
A 
shared-use path may be used as a bikeway. 
Sec. A·2. 23 MRSA §§613 and 614 are enacted to read: 
§613. Shared-use paths 
It is the goal of the State to 
enhance 
the urban 
and 
small-town 
environment 
through 
the 
development 
of 
shared-use 
paths that are accessible and readily visible to the public in 
both urban and rural communities in order to encourage physical 
activity and that are an integral and prominent part of community 
life. 
1. 
Shared-use paths. 
Except as provided in this section, 
funding for shared-use paths must be included as part of any 
project involving the construction, reconstruction or replacement 
of a state or state aid highway or bridge. 
The Commissioner of 
Transportation shall ensure that an amount equal to at least Po 
of the combined state and federal funding for such projects is 
provided 
for 
the 
construction, 
repair 
or 
maintenance 
of 
shared-use paths. 
The 
commissioner shall use these 
funds 
to 
construct and maintain shared-use paths in the transportation 
region in which the highway or bridge project is located and 
shall solicit input from the regional transportation advisory 
commi ttee established for that region in rules adopted pursuant 
to the Sensible Transportation Policy Act in order to select a 
location for the shared-use path that best serves the goals of 
this section. 
If the project is located within more than one 
Page l-LR0600(1) 
transportation region, the commissioner shall solicit input from 
the regional transportation advisory committee for each of those 
regions when selecting the location or locations in those regions 
for the shared use paths. 
Curb cuts or ramps must be included 
where necessary as part of a shared-use path. 
• 
Exceptions. 
Shared use paths are not reguired to be 
established: 
A. 
Where the establishment of such paths would be contrary 
to public safety; 
B. 
If 
the 
cost 
of 
establishing 
such 
paths 
would 
be 
excessively disproportionate to the need or probable use; or 
C. 
Where 
lack 
of 
population, 
the 
existence 
of 
other 
available ways or other factors indicate an absence of any 
need for shared-use paths. 
§6l4. 
Safe paths to schools program 
1. 
Program established. 
The commissioner shall establish a 
safe paths to schools program for the purpose of planning and 
constructing shared use paths to provide safe transportation for 
children from neighborhoods to schools, parks and local and state 
trails systems. 
2. 
Grant fund. 
As 
part of the safe paths to schools 
program, the commissioner shall establish a grant program to fund 
local, regional and state bicycle and pedestrian projects that 
support the program under subsection 1. 
3. 
Rulemaking. 
The commissioner shall adopt rules to carry 
out the purposes of this section. 
Rules adopted pursuant to this 
section are major 
substantive 
rules 
as 
defined in Title 
5, 
chapter 375, subchapter 2-A. 
PARTB 
Sec. B·l. Study commission established. 
The Commission to Study 
the Establishment of Shared-use Paths, referred to in this Part 
as "the commission," is established. 
Sec. B·2. Membership. The commission consists of 6 members 
appointed as follows: 
1. 
Two 
members 
of 
the 
Joint 
Standing 
Committee 
on 
Transportation, one of whom is appointed by the President of the 
Senate and one of whom is appointed by the Speaker of the House; 
2. 
The 
Commissioner 
of 
Transportation, 
or 
the 
commissioner's designee; 
3. 
One 
organizations, 
Transportation; 
member 
MPOs, 
representing 
appointed 
by 
metropolitan 
planning 
the 
Commissioner 
of 
4. 
One member representing regional transportation advisory 
committees, 
RTACs, 
appointed 
by 
the 
Commissioner 
of 
Transportation; and 
5. 
One 
member 
representing 
bicycle 
and 
pedestrian 
interests, appointed by the Speaker of the House. 
Sec. B·3. Commission chairs. 
The Senate member is the Senate 
chair of the commission and the House member is the House chai r 
of the commission. 
Sec. 
B·4. 
Appointments~ 
convening 
of 
commission. 
All 
appointments 
must 
be 
made 
no 
later than 
days 
after 
the 
effective date of this Part. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Wi thin 
days 
after 
appointment of all members, the chairs of the commission shall 
call and convene the first meeting of the commission. 
Sec. B·5. Duties. 
It is the duty of the commission to enhance 
the urban and small-town environment through the development of 
shared-use paths that are accessible and readily visible to the 
public in both urban and rural communities in order to encourage 
physical activity and that are an integral an prominent part of 
community life. 
In performing these duties, the commission shall: 
1. 
Identify 
potential 
sites 
and 
funding 
sources 
for 
shared-use paths; 
2. 
Identify economic development and public health benefits 
of shared-use paths; 
3. 
Identify the quality of life and urban design benefits 
of shared-use paths to urban and rural communities; and 
4. 
Analyze the successes of other states and municipalities 
regarding the development of shared-use paths. 
Sec. B·6. Meetings. 
The commission may meet a maximum of 4 
times. 
Sec. B·7. Staff assistance. 
Upon approval of the Legislative 
Council, the Office of Policy and Legal Analysis shall provide 
necessary staffing services to the commission. 
Sec. 
B·8. 
commission are 
defined in the 
Compensation. 
Legislative 
members 
of 
entitled to receive the legislative per diem, 
Maine Revised Statutes, Title 3, section 2, 
the 
as 
and 
reimbursement for travel and other necessary expenses related to 
their attendance at authorized meetings of the commission. Public 
members not otherwise compensated by their employers or other 
entities 
that 
they 
represent 
are 
entitled 
to 
receive 
reimbursement 
of 
necessary 
expenses 
for 
their 
attendance 
at 
authorized meetings of the commission and, upon demostration of 
need, are entitled to receive legislative per diem. 
Sec. B·9. Report. 
The commission shall submit a report that 
includes its findings 
and recommendations, 
including suggested 
legislation, 
to 
the 
Second 
Regular 
Session 
of 
the 
121st 
Legislature no later than December 3, 
2003. 
The commission is 
authorized to introduce legislation related to its report to the 
its report. 
Sec. B·I0. Extension. 
If the commission requires 
extension of time to complete its study and make its 
may 
apply 
to 
the 
Legislative 
Council, 
which 
may 
extension. Upon submission of its required report, the 
terminates. 
a limited 
report, it 
grant 
an 
commission 
Sec. 
B·ll. Funding. 
The 
commission 
shall 
seek 
outside 
sources of funding to fund all costs of the commission. 
Prompt 
notice of solicitation and acceptance of funds must be sent to 
the Legislative Council. 
All funds accepted must be forwarded to 
the Executive Director of the Legislative Council along with an 
accounting record that includes the amount of funds, 
date the 
funds were received, from whom the funds were received and the 
purpose 
and 
any limitation on the 
use of those funds. 
The 
Executive Director of the Legislative Council administers 
any 
funds received by the commission. 
SUMMARY 
This bill requires that funding for shared-use paths be 
included as 
part of 
any project involving the construction, 
reconstruction or replacement of a state or state aid highway or 
bridge. 
The Commissioner of Transportation is required to ensure 
that an amount equal to at least 1"'0 of the combined state and 
federal 
funding 
for 
such 
projects 
is 
provided 
for 
the 
construction, 
repair or maintenance of shared-use paths. 
The 
commissioner is required to use these funds to construct and 
maintain shared-use paths in the transportation region in which 
the highway or bridge project is located and is required to 
solicit input from the regional transportation advisory committee 
established for that region in order to select a location for the 
shared-use path that best serves the goals of enhancing urban and 
small-town environments in the State through the development of 
shared-use paths. 
If the project is located within more than one 
transportation region, 
the commissioner is required to solicit 
input from the regional transportation advisory committee for 
each of those regions when selecting the location or locations in 
those regions for the shared-use paths. 
Curb cuts or ramps must 
be included where necessary as part of the shared-use path. 
The 
bill also establishes a 
safe paths to schools program. 
This 
program outlines the planning 
and construction of shared-use 
paths 
to 
provide 
safe 
transportation 
for 
children 
from 
neighborhoods 
to 
schools, 
parks 
and 
local 
and 
state trails 
systems. 
It also creates a grant program to fund the program. 
Finally, the bill creates a legislat·ive study commission to study 
the 
potential 
location, 
funding 
and 
statewide 
benefits 
of 
shared-use paths. 
The 
study commission is 
required 
to 
seek 
outside funding to pay for all costs of the commission.