An Act To Amend the Process of Federal Aviation Administration Airport Improvement Program Grants
Maine Legislature, Session 125, LD 0778
Committee: Transportation
Sponsors: WILLETTE, FARNHAM, CLARK, DAMON, FLEMINGS, GOODE, HASKELL, MAZUREK
Amends: 6 MRSA §3, 6 MRSA §18

Legislative Document 
No. 778 
H.P. 585 
House of Representatives, March 1, 2011 
An Act To Amend the Process of Federal Aviation Administration 
Airport Improvement Program Grants 
Reference to the Committee on Transportation suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative WILLETTE of Presque Isle. 
Cosponsored by Senator FARNHAM of Penobscot and 
Representatives: CLARK of Easton, DAMON of Bangor, FLEMINGS of Bar Harbor, GOODE 
of Bangor, HASKELL of Portland, MAZUREK of Rockland, WILLETTE of Mapleton. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  6 MRSA §3, sub-§25-C is enacted to read: 
25-C.  Primary airport.  "Primary airport" means an airport that has at least 10,000 
passenger boardings per year. 
Sec. 2.  6 MRSA §18, sub-§1, as enacted by PL 1977, c. 678, §31, is amended to 
read: 
1.  State aid. The commissioner may, from amounts appropriated, approve grants to 
cities, towns or counties separately, or to cities and towns jointly with one another or with 
counties for an appropriate share of the total cost of any airport development project. 
For projects receiving both federal and state aid under the administration’s airport 
improvement program, state aid funds must be administered in accordance with the 
requirements of the federal Airport and Airway Improvement Act of 1982, 49 United 
States Code, Chapter 471, as amended, except that the department may adopt by rule 
additional requirements to those federal requirements.  A rule adopted by the department 
under this subsection is a major substantive rule as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 3.  6 MRSA §18, sub-§2, as enacted by PL 1977, c. 678, §31, is amended to 
read: 
2.  State approval. No municipality or other political subdivision in this State, 
whether acting alone or jointly with another municipality, a political subdivision or with 
the State, shall may submit to the administration any request for federal aid under the 
Federal federal Airport and Airway Development Improvement Act of 1970 1982, so 
called, or any amendment thereof as amended, unless the project and the project 
application have been first approved by the commissioner.  A municipality or other 
political subdivision operating a primary airport in this State may discuss federal aid with 
the administration for purposes of planning and developing a project application.  This 
subsection may must be waived by the commissioner if no state funds are involved and 
the project falls within the latest airport master plan for that airport. 
SUMMARY 
This bill requires that, for projects receiving both federal and state aid under the 
Federal Aviation Administration’s airport improvement program, state aid funds must be 
administered in accordance with federal requirements for federal aid.  This bill authorizes 
the Department of Transportation, through the major substantive rule process, to adopt 
additional requirements in addition to the federal requirements. 
Current law provides that the Commissioner of Transportation must approve any 
project and project application for a request for federal aid under the federal Airport and 
Airway Development Act of 1970's airport improvement program before it is submitted 
to the Federal Aviation Administration by a municipality or other political subdivision of 
this State.  This bill clarifies that a municipality or other political subdivision operating an 
airport that has at least 10,000 passenger boardings per year in this State may discuss 
federal aid with the Federal Aviation Administration for purposes of planning and 
developing a project application.