An Act To Streamline the Laws Related to Transportation
Maine Legislature, Session 126, LD 1464
Committee: Transportation
Sponsors: THERIAULT, COLLINS
Amends: 23 MRSA §704, 23 MRSA §4209

Legislative Document 
No. 1464 
H.P. 1049 
House of Representatives, April 25, 2013 
An Act To Streamline the Laws Related to Transportation 
Submitted by the Department of Transportation pursuant to Joint Rule 204. 
Reference to the Committee on Transportation suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative THERIAULT of Madawaska. 
Cosponsored by Senator COLLINS of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  23 MRSA §704, sub-§6, as amended by PL 2003, c. 571, §2, is further 
amended to read: 
6.  Access denied.  The Notwithstanding any other provision of this Title, the 
Department of Transportation and the municipalities shall deny ingress to and egress 
from property abutting the a controlled access highway when access rights have been 
acquired established by the department pursuant to chapter 7, except that the 
Commissioner of Transportation may allow access for the development of state and state 
aid highways and may allow access upon a determination by the commissioner that such 
access will not adversely affect public safety and will not have a significant negative 
impact on the mobility of through-travelers.  The commissioner may approve or deny a 
relocation of an existing break in a control of access consistent with the rules adopted 
pursuant to subsection 2. 
Sec. 2.  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 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 quinquennial locally coordinated plan for regional transit as required by 
federal law.  Selection of The Department of Transportation shall select regional public 
transportation agencies must be by the Department of Transportation in collaboration 
with the committee established in subsection 1-A opportunity for input from transit 
stakeholders including passenger transportation providers, social service organizations, 
the Department of Health and Human Services, the Department of Labor and the United 
States Department of Transportation, Federal Transit Administration.  The Department of 
Transportation shall establish a schedule for submittal of the biennial regional operations 
plan and shall reference these plans in its biennial transportation improvement plan 
submitted to the Legislature quinquennial locally coordinated plans for regional transit. 
Sec. 3.  23 MRSA §4209, sub-§1-A, as enacted by PL 2009, c. 130, §2, is 
repealed. 
Sec. 4.  23 MRSA §4209, sub-§2, as amended by PL 2009, c. 130, §3, is further 
amended to read: 
2.  Quinquennial locally coordinated plan for regional transit. The biennial 
quinquennial locally coordinated plan for regional operations plan transit 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 quinquennial plan is required, amendments to the effective 
operations may be submitted.  Approval of each locally coordinated plan for regional 
operations plan transit must be by the Department of Transportation in collaboration with 
the committee opportunity for input from transit stakeholders.  Upon approval, all 
agencies, groups or organizations named to participate in the provision of service in 
accordance with a the locally coordinated plans for regional operations plan transit are 
eligible to receive funds administered by the Department of Transportation and the 
Department of Health and Human Services. 
Sec. 5.  23 MRSA §4209, sub-§3, ¶A, as amended by PL 1987, c. 428, §2, is 
further amended to read: 
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 locally coordinated plan drafter or transportation provider and securing of 
provider compliance with the requirements of other state agencies in these areas; 
Sec. 6.  23 MRSA §4209, sub-§3, ¶C, as amended by PL 1987, c. 428, §2, is 
further amended to read: 
C.  Operating assistance to transportation providers in an amount up to 1/2 of the 
operating deficit incurred in fulfillment of the biennial quinquennial locally 
coordinated plan for regional operations plan transit; and 
Sec. 7.  23 MRSA §4209, sub-§4, as amended by PL 2009, c. 130, §4, is repealed 
and the following enacted in its place: 
4.  New service.  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 service. 
Sec. 8.  23 MRSA §4209, sub-§5, as enacted by PL 1979, c. 505, §4, is amended 
to read: 
5.  Intercity service. Intercity service shall be is service designated as such in a 
public transportation plan developed by the department. Intercity service planning shall 
must fulfill the requirements set forth in subsection 2 and shall must address public 
transportation needs that cannot be met by regional operations locally coordinated 
planning. The State may contribute to the nonfederal costs of intercity service.  
Sec. 9.  Maine Revised Statutes headnote amended; revision clause.  In the 
Maine Revised Statutes, Title 23, in the title headnote, the word "highways" is amended 
to read "transportation" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes. 
Sec. 10.  Maine Revised Statutes, Title 23.  The Department of Transportation 
shall work with the Office of Policy and Legal Analysis and the Revisor of Statutes to 
examine the organization and structure of, and the language contained in, the Maine 
Revised Statutes, Title 23 and develop recommendations regarding reorganizing or 
updating that Title or a portion or portions of that Title.  The Department of 
Transportation shall submit those recommendations to the Joint Standing Committee on 
Transportation no later than December 4, 2013. 
SUMMARY 
This bill makes the following changes to the laws related to transportation. 
1.  It affords the Department of Transportation more flexibility to grant exceptions to 
the prohibition against allowing access to controlled access highways to allow access 
when the Commissioner of Transportation determines that such access will not adversely 
affect public safety and will not have a significant negative impact on the mobility of 
through-travelers. 
2.  It amends transit-related provisions related to public transportation administration. 
3.  It directs the Department of Transportation to work with the Office of Policy and 
Legal Analysis and the Revisor of Statutes to examine the organization and structure of, 
and the language contained in, the Maine Revised Statutes, Title 23 and develop 
recommendations regarding reorganizing or updating that Title or a portion or portions of 
that Title.  The Department of Transportation is directed to submit those 
recommendations to the Joint Standing Committee on Transportation no later than 
December 4, 2013.