An Act To Promote New Models of Mobility and Access to Transportation
Maine Legislature, Session 126, LD 1365
Committee: Transportation
Sponsors: TREAT, BEAUDOIN, BEAVERS, BERRY, BRIGGS, CASSIDY, CHIPMAN, DAUGHTRY, DEVIN, EVES, GATTINE, GRANT, HERBIG, HUBBELL, KUMIEGA, LUCHINI, MASTRACCIO, PEOPLES, POULIOT, ROTUNDO, SCHNECK, SHAW, THERIAULT, VEROW, WILSON, FLOOD, MAZUREK
Amends: 5 MRSA §12004-I, 23 MRSA §4204, 23 MRSA §4209, 23 MRSA §4209-A

Legislative Document 
No. 1365 
H.P. 973 
House of Representatives, April 9, 2013 
An Act To Promote New Models of Mobility and Access to 
Transportation 
Reference to the Committee on Transportation suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative TREAT of Hallowell. 
Cosponsored by Representatives: BEAUDOIN of Biddeford, BEAVERS of South Berwick, 
BERRY of Bowdoinham, BRIGGS of Mexico, CASSIDY of Lubec, CHIPMAN of Portland, 
DAUGHTRY of Brunswick, DeCHANT of Bath, DEVIN of Newcastle, Speaker EVES of 
North Berwick, GATTINE of Westbrook, GRANT of Gardiner, HERBIG of Belfast, 
HUBBELL of Bar Harbor, KUMIEGA of Deer Isle, LUCHINI of Ellsworth, MASTRACCIO 
of Sanford, McCABE of Skowhegan, McLEAN of Gorham, PEOPLES of Westbrook, 
POULIOT of Augusta, ROTUNDO of Lewiston, SCHNECK of Bangor, SHAW of Standish, 
THERIAULT of Madawaska, VEROW of Brewer, WILSON of Augusta, Senators: FLOOD of 
Kennebec, MAZUREK of Knox. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-I, sub-§82-A is enacted to read: 
82-A.   
Sec. 2.  23 MRSA §4204, as enacted by PL 1971, c. 593, §16, is amended to read: 
§4204.  Declaration of policy 
It is declared to be the policy of the State of Maine that adequate, safe and efficient 
transportation facilities and services are essential to the economic growth of the State and 
the well-being of its people and that the planning and development of such facilities and 
services shall must be coordinated by a state department of transportation with overall 
responsibility for balanced transportation policy and planning. 
In each fiscal year, a portion of the funding available for transportation must be 
dedicated to public transportation. 
Sec. 3.  23 MRSA §4209, sub-§1, as amended by PL 2009, c. 130, §1, is further 
amended to read: 
1.  Geographic regions.  The Department of Transportation department shall divide 
the State into a number of geographic regions for regional distribution of state-
administered transportation funds. Upon designation of the geographic regions, a regional 
public transportation agency must be selected from each region to formulate a biennial 
regional operations plan.  Selection of regional public transportation agencies must be by 
the Department of Transportation department in collaboration with the committee council 
established in subsection 1-A section 4209-A.  The Department of Transportation 
department shall establish a schedule for submittal of the biennial regional operations 
plan and shall reference these plans in its the department's biennial transportation 
improvement plan submitted to the Legislature for transit under subsection 2-A.  For 
purposes of this section, "public transportation" means the transportation of persons, 
including groups of the general public with special needs, by all means available to the 
general public. 
Sec. 4.  23 MRSA §4209, sub-§1-A, as enacted by PL 2009, c. 130, §2, is 
repealed. 
Sec. 5.  23 MRSA §4209, sub-§1-B is enacted to read: 
1-B.  Goals and duties; public transportation.  In addition to implementing the 
policy stated under the Sensible Transportation Policy Act, the goals and duties of the 
department relating to public transportation are: 
Transportation: 
Public Transit 
Maine Public Transit 
Advisory Council 
Not authorized 
MRSA §4209-A 
A.  To make maximum use of available federal funds for the support of public 
transportation; and 
B.  To support the maintenance of existing public transportation services and the 
creation of new services, including the following goals: 
(1)  Provision for basic mobility for people who are dependent on public 
transportation; 
(2)  Access to employment, including creation of on-demand services; 
(3)  Congestion mitigation to preserve air quality and the sustainability of the 
highway network; 
(4)  Advancement of economic development objectives, including services for 
workers and visitors that support the travel and tourism industry; and 
(5)  Provision of state operating support funds in agency operating budgets to the 
extent that funds are available. 
Sec. 6.  23 MRSA §4209, sub-§2, as amended by PL 2009, c. 130, §3, is further 
amended to read: 
2.  Biennial regional operations plan. The biennial regional operations plan 
submitted by each regional public transportation agency must provide for the following:  
A.  Maximum feasible coordination of funds among all state agencies that sponsor 
transportation in the region; 
B.  Development and maintenance of a permanent and effective public transportation 
system, with particular regard to riders who are low-income or elderly or who have 
disabilities; 
C.  Participation of private transit operators in the service, to the greatest extent 
possible;  
D.  Conformity with general operations requirements as may be prescribed by the 
commissioner; and 
E.  Compliance with any appropriate federal regulations, including but not limited to 
the federally required locally coordinated plan. 
In years in which no biennial plan is required, amendments to the effective operations 
may be submitted.  Approval of each regional operations plan must be by the Department 
of Transportation department in collaboration with the committee council established 
under section 4209-A.  Upon approval, all agencies, groups or organizations named to 
participate in the provision of service in accordance with a regional operations plan are 
eligible to receive funds administered by the Department of Transportation department 
and the Department of Health and Human Services. 
Sec. 7.  23 MRSA §4209, sub-§§2-A and 2-B are enacted to read: 
2-A.  Department biennial operations plan for transit.  To provide a foundation 
for financial stability and reliability in the provision of transportation services to the 
public, the department shall, in cooperation with the council established under section 
4209-A, establish short-term and long-term fiscal, operating and capital investment plans 
to support the goals established in this section.  The department shall incorporate ongoing 
planning into its biennial operations plan for transit, which must be submitted to the 
Legislature no later than December 31st of each odd-numbered year.  The development of 
the department biennial operations plan for transit must include: 
A.  Consultation with the council established under section 4209-A, public transit 
providers and regional public transportation agencies to ensure the integration of 
transit planning with the Sensible Transportation Policy Act; 
B.  An inventory of transportation resources and programs, including state, regional 
and local public transit as well as volunteer, nonprofit and private programs and fixed 
route and on-demand transportation options available; 
C.  An assessment of public transportation needs throughout the State, identifying the 
types and scope of services that are inadequate and any geographic areas of the State 
where key services are deficient, including the potential cost of providing those 
services; 
D.  A prioritized list of both short-term and long-term public transportation needs, 
goals and objectives with consideration of the needs for regional service and local 
service; 
E.  An assessment of any deficiencies in regional planning and implementation 
capacity and whether additional or alternative organization models may aid in 
achieving the goals under this section; and 
F.  Identification of incentives for regional transportation agencies within regional 
transportation districts as designated and certified by the department to facilitate 
planning and advocacy for new services and to enhance communication and 
information sharing within each regional transportation district and across the State. 
2-B.  Plan implementation; projects.  To implement the biennial operations plan for 
transit under subsection 2-A, the department shall: 
A.  Create and adapt models for community and regional transportation projects that: 
(1)  Connect volunteer, shared ride including the Regional Ride Share Services 
Matching Fund Program under Title 10, chapter 216 and on-demand services; 
and 
(2)  Serve a wide constituency of seniors, people with disabilities, workers, 
students and people without reliable or affordable transportation; and 
B.  Link regional transportation agencies within regional transportation districts as 
designated by the department by, without limitation: 
(1)  Determining whether fixed route, flexible route or on-demand services are 
viable in the community or region; 
(2)  Marketing connections between fixed route, volunteer and on-demand 
services within and between regions; 
(3)  Maximizing connectivity with fixed route train and bus services from 
outlying areas; 
(4)  Connecting fixed routes in different regions of the State with each other; 
(5)  Expanding shared ride options through technology; 
(6)  Involving health care providers and other service providers in contributing to 
payment for services; 
(7)  Coordinating with existing private services; and 
(8)  Integrating MaineCare to the extent possible and other state and federally 
supported services with unsubsidized services to create a more efficient system of 
public transportation services for all residents regardless of income. 
Sec. 8.  23 MRSA §4209, sub-§3, as amended by PL 1991, c. 859, §1, is further 
amended to read: 
3.  State assistance. Within the limits of available funding, the department shall 
provide assistance as follows:  
A.  Planning and technical assistance, information transfer, capital and operations 
planning, performance monitoring and evaluation, quality assurance, accounting, 
assistance with management information systems and service reporting to a regional 
operations plan drafter or transportation provider and securing of provider 
compliance with the requirements of other state agencies in these areas; 
A-1.  Act as mediator and, if necessary, final arbiter of disputes between state 
agencies and transportation providers regarding service; 
A-2.  In consultation with the Bureau of Insurance, advise transportation providers 
regarding the liability of volunteer drivers; 
B.  Capital assistance to transportation providers for up to 100% of the nonfederal 
share required by federal assistance programs; 
C.  Operating assistance to transportation providers in an amount up to 1/2 of the 
operating deficit incurred in fulfillment of the biennial regional operations plan; and 
D.  Notwithstanding any other provision of law and except as funds are necessary to 
carry out the object of this section, funds appropriated for public transportation shall 
not lapse at the end of a fiscal year, but shall be carried forward from year to year to 
be expended for the same purpose. 
The department shall evaluate proposals for new public transit service submitted by 
providers in response to a notice of funding availability by requiring feasibility studies to 
be submitted by providers to address criteria set forth in the most recent biennial 
operations plan for transit as set out in subsection 2-A. 
The department may enter into a request for proposals process for grants to nonprofit 
organizations for innovative regional projects that reflect the priorities in subsection 2-B, 
involve and integrate multiple service providers and modes of transportation and address 
service gaps identified as priorities in regional or state planning. 
The department shall provide guidance, training, funding and technical assistance to 
transit systems in order to meet performance and service standards. 
Sec. 9.  23 MRSA §4209, sub-§4, as amended by PL 2009, c. 130, §4, is further 
amended to read: 
4.  Human services assistance; priorities.  The committee commissioner, the 
Commissioner of Health and Human Services and the Commissioner of Labor shall act to 
coordinate purchase of service contracts and. The council established under section 
4209-A shall serve in an advisory capacity to the department, the Department of Health 
and Human Services and the Department of Labor in matters concerning public 
transportation.  In the event that transportation funds for human services programs are 
insufficient for full implementation of the human services portion of an approved biennial 
regional operations plan, priorities established by the Department of Health and Human 
Services determine the priority clients that must be initially served by human services 
funds.  Members of the committee The department, the Department of Health and Human 
Services and the Department of Labor and their contractors shall actively engage local 
transportation providers in the planning of new services that are expected to have a 
transportation component. 
The Department of Health and Human Services and the Department of Labor shall ensure 
that any new service to be provided is adequately funded to cover the costs of the 
transportation component of the program.  
Sec. 10.  23 MRSA §4209-A is enacted to read: 
§4209-A.  Maine Public Transit Advisory Council 
1.  Purpose.  The Maine Public Transit Advisory Council, referred to in this section 
as "the council," is established in accordance with Title 5, section 12004-I, subsection 82-
A to advise the Legislature and the department regarding strategic planning for public 
transportation services in the State and to fulfill duties under section 4209 and this 
section. 
2.  Membership.  The council has a minimum of 21 members as follows: 
A.  The commissioner or the commissioner's designee; 
B.  The Commissioner of Health and Human Services or the commissioner's 
designee; 
C.  The Commissioner of Labor or the commissioner's designee; 
D.  The Commissioner of Economic and Community Development or the 
commissioner's designee; 
E.  One member of the Senate, appointed by the President of the Senate; 
F.  One member of the House of Representatives, appointed by the Speaker of the 
House; 
G.  One representative each from the federally designated planning organization for 
the Portland region, the Portland Area Comprehensive Transportation System, or a 
successor organization, and the federally designated planning organization for the 
Bangor region, the Bangor Area Comprehensive Transportation System, or a 
successor organization, appointed by the Governor; 
H.  One representative each from the geographic regions designated by the 
department under section 4209, subsection 1, appointed by the Governor; 
I.  One representative of private bus operators or taxi services, appointed by the 
Governor;  
J.  One representative of a statewide, nonprofit organization advocating on behalf of 
the elderly and supporting social and economic resources that promote independence 
and self-sufficiency for the elderly, appointed by the Governor; 
K.  One representative of a statewide association of planning and development 
agencies, appointed by the Governor; 
L.  One representative of an organization representing people with disabilities, 
appointed by the Governor; and 
M.  One representative of an organization representing low-income persons, 
appointed by the Governor. 
Senators and members of the House of Representatives serve for the duration of the 
legislative terms that they are serving when appointed.  All other members serve 3-year 
terms and may continue to serve beyond their terms until their successors are appointed.  
If a vacancy occurs before a term has expired, the vacancy must be filled for the 
remainder of the unexpired term by the authority who made the original appointment.  If 
a member is absent for 2 consecutive meetings and has not been excused by the chair 
from either meeting, the council may remove the member by majority vote. 
The council shall determine whether having more than 21 members would assist it in its 
work.  If a majority of the council votes to request the appointment of additional 
members, the council shall specify the number of additional members needed and shall 
convey a request for the appointment of those additional members to the Governor, who 
shall make the appointments. 
3.  Meetings; chair.  The commissioner shall call the first meeting of the council by 
December 31, 2013.  At the first meeting, the council shall select by majority vote a chair 
from among its members to serve a term of one year.  A chair may be reelected to 
subsequent terms.  The chair shall call subsequent meetings.  The council may meet as 
often as funding permits, but must meet at least 4 times per year at a date, time and place 
determined by the council.  The chair, in collaboration with the department, may call a 
special meeting to address an issue that, in the judgment of the chair, cannot wait until the 
next regularly scheduled meeting. 
4.  Notice of meetings; agenda.  At a reasonable time before a meeting of the 
council, the chair shall send a notice of the meeting to every member.  A notice of 
meeting required under this subsection must contain the date, time, place and agenda of 
the meeting and the minutes of the previous meeting.  Notice of a special meeting under 
subsection 3 must be sent under this subsection as expeditiously as possible. 
5.  Attendance at meetings.  A member of the council is expected to attend all 
meetings under subsection 3.  If a member is unable to attend a meeting called under 
subsection 3, the member shall inform the chair.  A member may attend a meeting under 
subsection 3 by participating remotely through the means of telephone or other 
telecommunications device if the facilities allow for such participation.  The council shall 
endeavor to install means by which a member may participate remotely pursuant to this 
subsection. 
6.  Staff.  The department shall provide staffing assistance to the council. 
7.  Report.  The council shall develop an annual report on its deliberations and any 
recommendations for submission by February 15th annually to the Governor and the joint 
standing committees of the Legislature having jurisdiction over transportation matters and 
health and human services matters. 
Sec. 11.  Grants to nonprofit organizations.  The department shall fund at least 
projects as described by the Maine Revised Statutes, Title 23, section 4209, subsection 
2-B in different geographic regions as defined by Title 23, section 4209, subsection 1 in 
fiscal year 2014-15. 
SUMMARY 
This bill amends the Department of Transportation's biennial operations plan for 
transit process in order to promote and facilitate new models of mobility and service.  The 
bill adds a declaration of policy to the public transportation administration law.  The bill 
also provides components that must be included in the department's biennial operations 
plan for transit and describes how the department's plan for transit must be implemented. 
The bill eliminates the Interagency Transportation Coordinating Committee and 
replaces it with a larger, more comprehensive Maine Public Transit Advisory Council.  
The role of the council is to advise the Legislature and the department regarding strategic 
planning for public transportation services in the State.