An Act To Implement the Recommendations of the Commission To Study Public Health Concerning Alternative Roadways
Maine Legislature, Session 122, LD 0439
Committee: Transportation
Sponsors: CRAVEN, MARTIN, BABBIDGE, CANAVAN, DUNN, FAIRCLOTH, MAKAS, O'BRIEN, SAMPSON, WALCOTT
Amends: 23 MRSA §6

Legislative Document 
No. 439 
H.P.324 
House of Representatives, January 27,2005 
An Act To Implement the Recommendations of the Commission To 
Study Public Health Concerning Alternative Roadways 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative CRAVEN of Lewiston. 
Cosponsored by Senator MARTIN of Aroostook and 
17/~ 
111· 7!/tJ£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BABBIDGE of Kennebunk, CANAVAN of Waterville, DUNN of Bangor, 
FAIRCLOTH of Bangor, MAKAS of Lewiston, O'BRIEN of Lewiston, SAMPSON of 
Auburn, WALCOTT of Lewiston. 
Printed on re~yc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 23 MRSA §6I3 is enacted to read: 
§613. 
Alternative roadways 
1. 
Definition. 
For 
the 
purposes 
of 
this 
section, 
"alternatiye roadway" means a vehicle way, paved or unpaved, upon 
which pedestrians may travel and human-powered vehicles may be 
operated. 
2. 
Requirements. 
The Commissioner of Transportation shall 
ensure that in each fiscal year an amount equal to at least 1% of 
state highway funds received for the improvement, construction 
and maintenance 
of state or state aid highways 
pursuant to 
section 1653 must be provided for the construction, repair and 
maintenance of alternative roadways. 
A. 
In lieu of expending the funds under this subsection 
each year, the Department of Transportation may credit the 
funds to a financial reserve or special fund to be held for 
not more than 10 years and to be expended for the purposes 
required by this section. 
B. 
For purposes of computing amounts 
expended during a 
fiscal 
year 
under 
this 
subsection, 
the 
Department 
of 
Transportation may record the money as expended on the date 
actual construction of the alternative roadway is commenced 
if the alternative roadway is constructed by the department 
or on the date 
a 
contract for 
the construction of the 
alternative 
roadway 
is 
entered 
into 
with 
a 
private 
contractor or with any other governmental body. 
3. 
Exceptions. 
Alternative roadways are not required to be 
established: 
A. 
Where the establishment of such alternative roadways 
would be contrary to public safety; 
B. 
If the cost of establishing such alternative roadways 
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 alternative roadways. 
Sec. 2. 
study 
the 
maintaining 
Report. 
The 
Commissioner 
of 
economic 
development 
impact 
alternative roadways pursuant 
Page l-LR0683(1) 
Transportation shall 
of 
constructing 
and 
to the Maine Revised 
Statutes, Title 
presentation 
to 
Legislature. 
23, section 
the 
First 
and shall submit a report for 
Regular 
Session 
of 
the 
125th 
SUMMARY 
This bill 
requires 
the 
Department 
of 
Transportation 
expend at least 1"'6 of its annual Highway Fund allocation 
highway 
improvement, 
construction 
and 
maintenance 
on 
construction and maintenance of alternative roadways. 
to 
for 
the 
This bill also requires the Commissioner of Transportation 
to study the 
economic development 
impact of constructing and 
maintaining 
al ternati ve 
roadways 
and 
submit 
a 
report 
for 
presentation 
to 
the 
First 
Regular 
Session 
of 
the 
125th 
Legislature.