An Act To Facilitate Reimbursement of Public Utilities Relocation Costs
Maine Legislature, Session 122, LD 0524
Committee: Transportation
Sponsors: BOWEN
Amends: 23 MRSA §57-B

Legislative Document 
No. 524 
H.P.400 
House of Representatives, February 1, 2005 
An Act To Facilitate Reimbursement of Public Utilities Relocation 
Costs 
(EMERGENCY) 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative BOWEN of Rockport. 
Cosponsored by Senator SA V AGE of Knox. 
Printed on recycled paper 
'7J1~ /71. 7l/d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, federal 
funds 
may 
be lost if this Act is not 
adopted as an emergency; and 
Whereas, in the judgment of the Legislature, 
these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 23 MRSA §57-B is enacted to read: 
§S7-B. 
Pa~~Lt;:Q.~H ~~~Q_~_r~locating utility facilities 
in federal-aid highways 
l.. 
Re~_~~QlQnts. 
The department may reimburse a utility 
that is required to move or relocate its facilities as a result 
of any highway construction project to the extent such payments 
by the department are in turn eligible for reimbursement from 
federal funds 
under 
United States Code, 
Section 123. 
The 
reimbursement may be only for the cost of the relocation as 
defined in 23 United States Code, Section 123. 
For purposes of 
this section, "utility" has the same meaning as defined in 23 
United States Code, Section 123. 
The department ma-Y--.iMPect the books of account of the utility as 
necessary to determine the reimbursable costs. 
Payments to utilities made pursuant to this section must be paid 
from 
the 
General 
Highway 
Fund 
operating 
capital 
under 
the 
direction of the department. 
All reimbursements of such payments 
received by the department from the Federal Government pursuant 
to 23 
United~tes Cod~~~t.LQJl 123 must be deposited 
i~ the 
General Highway Fund operating capital. 
The amount paid in any 
biennium 
under 
this 
~ection 
may 
not 
exceed 
federal 
funds 
available under 23 United States Code, Section 123 to reimburse 
the State in that biennium. 
2. 
Rul.es. 
The~epartm~nt may 
adopt rules necessary to 
implement this section, 
including, 
but not limited to, 
rules 
governing the determination of the cost of relocation. 
The rules 
must 
be 
consistent 
with 
any 
applicable 
federal 
regulations 
relating 
to 
the 
cost 
of 
relocation 
and 
with 
rules 
adopted 
pursuant to section 255. 
Rules adopted pursuant to this section 
are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
-"3'-.!.'------"'E"'x ... 
c...,e~pl:'_t~i"'o"'n~.'____"T"'_h"_'i"_'s"____'s=e c t ion do e s 
no t 
app 1 y to any pro j e c t 
for which a utility is reimbursed or eligible for reimbursement 
under section 255. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This 
bill 
allows 
the 
Department 
of 
Transportation 
to 
reimburse 
a 
utility 
for 
the 
cost 
of 
moving 
or 
relocating 
facilities as a result of a highway construction project to the 
extent such payments by the department are in turn eligible for 
reimbursement from federal 
funds 
under 
United States Code, 
Section 123. 
This provision supplements the provisions of the 
Maine Revised Statutes, Title 23, section 255, which currently 
provides 
for 
such 
reimbursement only in the case of utility 
facility relocations within the interstate system.