An Act Making Unified Highway Fund and Other Funds Allocations for the Expenditures of State Government and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2010 and June 30, 2011
Maine Legislature, Session 124, LD 0333
Committee Amendment CA_A-HA_B_H565 (House)
Amends: 23 MRSA §73, 36 MRSA §3321

HOUSE AMENDMENT "/3,, to COMMITTEE AMENDMENT "A" to H.P. 269, 
L.D. 333, Bill, "An Act Making Unified Highway Fund and Other Funds Allocations for 
the Expenditures of State Government and Changing Certain Provisions of the Law 
Necessary to the Proper Operations of State Government for the Fiscal Years Ending 
June 30, 2010 and June 30, 2011" 
Amend the amendment in Part W by inserting before section 1 the following: 
'Sec. W-l. 23 MRSA §73, sub-§6, CUF, as enacted by PL 2007, c. 470, Pt. B, § 1, 
is amended to read: 
F. By 2027, achieve an even distribution of the service life remaining before bridges 
need major rehabilitation or replacement, excepting extraordinary-cost bridges as 
determined by the department or low use bridges or redundant bridges as defined in 
section 562; aR6 
Sec. W-2. 23 MRSA §73, sub-§6, -rrG, as enacted by PL 2007, c. 470, Pt. B, § 1, 
is amended to read: 
G. 
Maximize the benefit of capital improvements to freight and passenger 
transportation users while mitigating, to the extent practicable, energy and 
environmental impacts";; and 
Sec. W-3. 23 MRSA §73, sub-§6, ~ 
is enacted to read: 
H. Provide a maintenance paving treatment evelY 7 years on average on roads for 
which the State has summer maintenance responsibility that have not been built to 
state design standards and that have poor pavementcondition, which will require, on 
average, 600 miles of maintenance paving at 550 tons per mile per year.' 
Amend the amendment in Part W in section 1 by striking out all of subsection 1 (page 
78, lines 9 to 22 in amendment) and inserting the following: 
'I. Excise tax imposed. An excise tax is imposed on internal combustion engine 
fuel used or sold within this State, including sales to the State or a political subdivision of 
the State, at the rate of ~ 
28A¢ per gallon, except that the rate is 3 A¢ per gallon on 
internal combustion engine fuel, as defined in section 2902, bought or used for the 
purpose of propelling jet or turbojet engine aircraft. Beginning July 1, 2009, an excise 
HOUSE AMENDMENT 
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HOUSE AMENDMENT:f;" to COMM1TTEE AMENDMENT "A" to H.P. 269, L.D. 333 
tax is imposed on internal combustion engine fuel used or sold within this State, 
including sales to the State or a political subdivision of the State, at the rate of 29.5¢ per 
gallon, plus the maintenance paving surcharge calculated pursuant to section 3351, except 
that the rate is 3.4¢ per gallon on internal combustion engine fuel bought or used for the 
purpose of propelling jet engine aircraft. The tax rate provided by this section is subject 
to annual inflation adjustment pursuant to section 3321 except with respect to the tax 
imposed upon fuel bought or used for the purpose of propelling jet or turbojet engine 
aircraft and the surcharge calculated pursuant to section 3351. Any fuel containing at 
least 10% internal combustion engine fuel is subject to the rate of tax imposed by this 
section.' 
Amend the amendment in Part W in section 2 in subsection l-B in the 7th line (page 
78, line 31 in amendment) by inselting after the following: "gallon" the following: 'plus 
the maintenance paving surcharge imposed pursuant to section 3351' 
Amend the amendment in Part W in section 2 in subsection l-B in the 13th line (page 
78, line 37 in amendment) by inserting after the following: "3321" the following: " except 
for the surcharge calculated pursuant to section 3351' 
Amend the amendment in Part W in section 3 in §3203-C in the indented paragraph 
in the 3rd line (page 79, line 39 in amendment) by inserting after the following: "tax" the 
following: 'and any surcharge' 
Amend the amendment in Part W in section 4 in subsection 1 in the last line (page 80, 
line 19 in amendment) by inserting after the following: "dealers." the following: 'The 
surcharge calculated pursuant to section 3351 is not subject to indexing under this 
subsection.' 
Amend the amendment in Part W by striking out all of section 6 and inserting the 
following: 
'Sec. W-6. 36 MRSA §3321, suh-§3, as enacted by PL 2001, c. 688, §8, is 
amended to read: 
3. 
Exclusion. 
This section does not apply to internal combustion engine fuel 
purchased or used for the purpose of propelling jet or turbojet engine aircraft. 
Sec. W-7. 36 MRSA c. 467 is enacted to read: 
CHAPTER 467 
MAINTENANCE PAVING SURCHARGE 
§3351. Surcharge on tax rates for maintenance paving 
1. 
Generally. 
Beginning July 1, 2009 a surcharge for maintenance paving 
treatments calculated pursuant to this section must be added to the excise tax imposed 
upon internal combustion engine fuel pursuant to section 2903, subsection 1 and the 
excise tax imposed upon distillates pursuant to section 3203, subsection l-B. 
2. 
Certification of cost. 
By April 1 st of each odd-numbered year, the 
Commissioner of Transportation shall certify to the State Tax Assessor the cost of 
performing maintenance paving treatments that achieve the goal specified in Title 23, 
HOUSE AMENDMENT 
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HOUSE AMENDMENT tf;" to COMMITTEE AMENDMENT "A" to H.P. 269, L.D. 333 
section 73, subsection 6, paragraph H for the biennium starting on July 1 st of that odd-
numbered year. This certification must be based upon actual competitive bids received 
for that year in accordance with the laws and rules governing the competitive bid process 
and the practices of the Department of Transportation and upon the assumption that the 
prices reflected in those bids will be the same in the 2nd year of that biennium. 
3. 
Calculation of surcharge. 
By April 15th of each odd-numbered year, the 
Commissioner of Transportation, in consultation with the State Tax Assessor, shall 
calculate the per gallon surcharge, rounded to the nearest 0.1 O¢, that is required to fund 
the cost of maintenance paving treatments as certified under subsection 2 by the 
Commissioner of Transportation for that biennium and the additional cost of providing 
proportional funding to municipalities for the Urban-Rural Initiative Program pursuant to 
Title 23, section 1803-B. The surcharge calculated pursuant to this section is effective for 
the biennium starting July 1st of that odd-numbered year. The assessor shall publish the 
adjusted fuel tax rates and shaIl provide all necessary forms and reports to suppliers, 
distributors and retail dealers. 
Sec. W-S. 
Maintenance paving surcharge for 2009-2010 biennium. 
Notwithstanding the Maine Revised Statutes, Title 36, section 3351, the biennial 
surcharge on tax rates for maintenance paving for the 2009-2010 biennium is 3.3¢ per 
gallon. 
Sec. W-9. Effective date. This Part takes effect July 1,2009.' 
Amend the amendment in Part X by striking out all of section 2 (page 80, lines 37 to 
and page 81, lines 1 to 3 in amendment) and inserting the following: 
'Sec. X-2. Authorization to issue TransCap Trust Fund revenue bonds for 
highways. 
The Maine Municipal Bond Bank, at the request of the Department of 
Transportation, is authorized to issue additional TransCap Trust Fund revenue bonds as 
provided in the Maine Revised Statutes, Title 30-A, section 6006-0 in amounts not to 
exceed $30,000,000 for the purpose of funding capital highway projects with an 
estimated useful life of 10 years or greater.' 
Amend the amendment by inserting after Part X the following: 
'PARTY 
Sec. Y-I. Appropriations and allocations. The following appropriations and 
allocations are made. 
TRANSPORTATION, DEPARTMENT OF 
Highway and Bridge Capital 0406 
Initiative: Allocates funding from the return of a portion of the 7.5% of fuel taxes 
previously transferred to the Maine Municipal Bond Bank TransCap Trust Fund. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ')3;" to COMMITTEE AMENDMENT "A" to H.P. 269, L.D. 333 
OTHER SPECIAL REVENUE FUNDS 
Capital Expenditures 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Highway and Bridge Capital 0406 
2009-10 
$9,688,225 
$9,688,225 
2010-11 
$6,143,637 
$6,143,637 
Initiative: Provides funding for capital projects utilizing the $30,000,000 Maine 
Municipal Bond Bank TransCap Trust Fund revenue bond in Part X. 
OTHERSPEClALREVENUEFUNDS 
Capital Expenditures 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Highway and Bridge Light Capital Z095 
2009-10 
$10,000,000 
$10,000,000 
Initiative: Provides funding for Capital Expenditures projects. 
IDGHWAYFUND 
Capital Expenditures 
HIGHWA Y FUND TOTAL 
Urban-Rural Initiative Program 0337 
2009-10 
$22,210,092 
$22,210,092 
2010-11 
$20,000,000 
$20,000,000 
2010-11 
$21,633,315 
$21,633,315 
Initiative: Restores funding 011 a one-time basis to the Urban-Rural Initiative Program 
deallocated in Part A by allocating funding from the return of a portion of the 7.5% of 
fuel taxes previously transferred to the Maine Municipal Bond Bank TransCap Trust 
Fund. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Urban-Rural Initiative Program 0337 
2009-10 
$0 
$0 
2010-11 
$5,000,000 
$5,000,000 
Initiative: Adjusts funding on a one-time basis for the Urban-Rural Initiative Program at 
the correct proportioned rate per the Maine Revised Statutes, Title 23, section 1803-B. 
HIGHWAY FUND 
All Other 
HIGHW A Y FUND TOTAL 
2009-10 
$2,367,158 
$2,367,158 
HOUSE AMENDMENT 
2010-11 
$2,305,685 
$2,305,685 
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HOUSE AMENDMENT ~ 
"to COMMITTEE AMENDMENT "A" to H.P. 269, L.D. 333 
TRANSPORTATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
HIGHWAY FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2009-10 
$24,577 ,250 
$19,688,225 
$44,265,475 
2010-11 
$23,939,000 
$31,143,637 
$55,082,637 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to Committee Amendment "A." 
1. It amends the transportation goals of the Sensible Transportation Policy Act to 
include a maintenance paving treatment every 7 years on average covering an estimated 
miles per year of roads for which the State has summer maintenance responsibility. 
2. It establishes a maintenance paving treatment surcharge to be added to the excise 
tax imposed on internal combustion engine fuel and distillates. The surcharge is adjusted 
every biennium and is established as 3.3¢ per gallon for the 2009-2010 biennium. 
3. It establishes the amount of TransCap Trust Fund revenue bonds that the Maine 
Municipal Bond Bank, at the request of the Department of Transportation, is authorized 
to issue at $30,000,000. 
4. 
It allocates a portion of the TransCap Trust Fund revenue to replace the 
$5,000,000 reduction to the funding for the Urban-Rural Initiative Program and allocates 
the remainder of the revenues in the TransCap Trust Fund to capital projects. 
FISCAL NOTE REQUIRED 
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attached) 
SPONSORED BY: L/~? ~ 
(Representative CAREY) 
TOWN: Lewiston 
HOUSE AMENDMENT 
Approved: 06/09109 
~ac 
LD333 
lLR 824(07) 
An Act Malting Unified Highway Fund and Other Funds Allocations for the Expenditures of State 
Government and Changing Certain Provisions of the Law Necessary to the Proper Operations of State 
Government for the Fiscal Years Ending June 30, 2010 and June 30, 2011 
Fiscal Note for House Amendment ::13" to Committee Amendment "A" 
Sponsor: Rep. Carey of Lewiston 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
Projections 
2009-10 
2010-11 
2011-12 
2012-13 
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Net Cost (Savings) 
Highway Fund 
$0 
$0 
($23,754,000) 
($23,809,500' 
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Appropriations/Allocations 
Highway Fund 
Other Special Revenue Funds 
Revenue 
Highway Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$24,577,250 
$19,688,225 
$24,577,250 
$1,992,750 
$23,939,000 
$31,143,637 
$23,939,000 
$1,941,000 
$0 
$0 
$23,754,000 
$1,926,000 
$0 
$0 
$23,809,500 
$1,930,500 
This amendment increases Highway Fund revenue by $24,577,250 in fiscal year 2009-1 0 and $23,939,000 in fiscal 
year 2010-11 and increases Highway Fund allocations by the same amount. This amendment will have no net effect 
on Highway Fund budgeted balance. A b~Janced budget is maintained through the 2010-2011 Biennium. 
LR0824(07) - Fiscal Note - Page I of I 
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