An Act To Amend or Repeal Outdated or Underutilized Laws Related to Transportation
Maine Legislature, Session 126, LD 0655
Committee: Transportation
Sponsors: THERIAULT, COLLINS, TURNER, WERTS
Amends: 5 MRSA §1742-F, 6 MRSA §13, 23 MRSA §52-A, 23 MRSA §73-A, 23 MRSA §74, 23 MRSA §256, 23 MRSA §603, 23 MRSA §1655, 23 MRSA §1855, 23 MRSA §7217

Legislative Document 
No. 655 
H.P. 447 
House of Representatives, February 26, 2013 
An Act To Amend or Repeal Outdated or Underutilized Laws 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 and 
Representatives: TURNER of Burlington, WERTS of Auburn. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §1742-F, as enacted by PL 2001, c. 83, Pt. E, §1, is repealed. 
Sec. 2.  6 MRSA §13, first ¶, as amended by PL 1999, c. 131, §7, is further 
amended to read: 
The commissioner has the power to hold investigations, inquiries and hearings 
concerning matters covered by chapters 1 to 17 and the rules and orders adopted under 
chapters 1 to 17.  Hearings are open to the public and, except as provided in chapter 4, 
must be held upon such notice as the commissioner may by rule provide. The 
commissioner has the power to administer oaths and affirmations, certify to all official 
acts, issue subpoenas and order the attendance and testimony of witnesses and the 
production of papers, books and documents.  All hearings, notices, reviews and orders 
must comply with the Maine Administrative Procedure Act.  In case of the failure of any 
person to comply with any subpoena or order issued under the authority of this section, 
the commissioner may invoke the aid of any court of this State of general jurisdiction.  
The court may order that person to comply with the requirements of the subpoena or 
order or to give evidence touching the matter in question.  Failure to obey the order of the 
court may be punished by the court as a contempt of the order. 
Sec. 3.  23 MRSA §52-A, as amended by PL 1989, c. 165, §3, is repealed. 
Sec. 4.  23 MRSA §73-A, as enacted by PL 2007, c. 208, §1, is repealed. 
Sec. 5.  23 MRSA §74, sub-§1, as enacted by PL 2003, c. 498, §2, is amended to 
read: 
1.  Purpose; membership. The Commissioner of Transportation shall establish a 
freight transportation advisory council to facilitate discussion and provide insight into 
issues pertaining to freight transportation in the State.  The commissioner shall invite no 
fewer than 20 9 people from the private sector to participate as members of the council.  
Membership must include representatives of various geographic areas of the State. 
Membership must include at least one person with experience in each of the following: 
A.  Commercial trucking; 
B.  Rail freight; 
C.  Waterborne freight; 
D.  Manufacturing forest Forest products; 
E.    Shipping forest products; 
F.  Shipping agricultural Agricultural products; and 
G.  Distributing petroleum Petroleum products.; and 
H.  General manufacturing. 
Sec. 6.  23 MRSA §256, as repealed and replaced by PL 1993, c. 656, §1, is 
repealed. 
Sec. 7.  23 MRSA §603, first ¶, as amended by PL 2001, c. 455, §1, is further 
amended to read: 
The State shall be is responsible for the management of and all costs for maintenance 
and rehabilitation for the following historic bridges:  Lovejoy Bridge, Andover; Robyville 
Bridge, Corinth; Hemlock Bridge, Fryeburg; Bennett Bridge, Lincoln Plantation; 
Watson's Bridge, Littleton; Artist's Bridge, Newry; Lowe's Bridge, Sangerville-Guilford; 
Babb's Bridge, Windham-Gorham; Wire Bridge, New Portland; Porter Bridge, Porter-
Parsonsfield; Bailey Island Bridge, Harpswell; Sewall's Bridge, York; Waldo-Hancock 
Bridge, Prospect-Verona; and Ryefield Bridge, Harrison-Otisfield. 
Sec. 8.  23 MRSA §1655, as enacted by PL 2001, c. 83, Pt. D, §1, is repealed. 
Sec. 9.  23 MRSA c. 19, sub-c. 6-A, as amended, is repealed. 
Sec. 10.  23 MRSA §1855, first ¶, as amended by PL 2005, c. 405, Pt. G, §1, is 
further amended to read: 
The Commissioner of Transportation shall use the state infrastructure bank to make 
loans to counties and municipalities, state agencies and quasi-state government agencies 
and public and private utility districts eligible for the financial assistance program for 
utilities under section 256 upon such terms as the commissioner shall determine, 
including secured and unsecured loans, and in connection with the secured and unsecured 
loans, to enter into loan agreements, subordination agreements and other agreements; 
accept notes and other forms of obligation to evidence the indebtedness, and mortgages, 
liens, pledges, assignments or other security interest to secure the indebtedness, which 
may be prior or subordinate to or on a parity with other indebtedness, obligations, 
mortgages, pledges, assignments, other security interests or liens or encumbrances, and 
take such actions as are appropriate to protect the security and safeguard against losses, 
including foreclosure and the bidding upon and purchase of property upon foreclosure or 
other sale.  Repayments of a federal share loan may be obligated by the commissioner for 
any transportation purpose, including the reloaning of such repaid funds for other 
projects.  Reloaned funds are considered state loans, not federal share loans. 
Sec. 11.  23 MRSA §7217, as enacted by PL 1989, c. 398, §8, is amended to read: 
§7217.  Plant railroads 
Sections 1251, 1254, 7202, 7205, 7206, and 7214 and section 7307, subsections 2 and 
3, so far as applicable, apply to plant railroads. The term "plant railroad" shall be 
construed to mean means a railroad of the owners of any mills, mines, quarries, gravel 
pits, log landings or yards, warehouses, storehouses, stock yards, bulk storage yards, 
airports, piers, docks, shipyards, educational institutions, power plants, gas works, 
petroleum tank farms or bulk stations, or other manufacturing, processing or mercantile 
establishments, and including state and federal institutions and developments, erected or 
in process of erection, which the railroad is located on land provided or acquired for the 
purpose by the owners, and whether operated by the owners, or by state or federal 
government or an agency thereof, or through connection with a public railroad under 
operating contract with it and by operation of its equipment over the plant railroad. 
Sec. 12.  23 MRSA §§7301 to 7308, as enacted by PL 1989, c. 398, §9, are 
repealed. 
SUMMARY 
This bill repeals the law establishing the Capital Construction and Improvement 
Reserve Fund and sections relating to that fund, a requirement for retention of part of the 
contract price and settlement of claims by subcontractors, the transportation planning 
incentives funding program and the requirement that the Department of Transportation 
provide financial assistance through interest-free loans to certain water and sewer utilities 
affected by department highway and bridges projects.  The bill also repeals the law 
establishing the arterial and major collector highway capital projects program and several 
statutory sections authorizing and directing the Commissioner of Transportation to 
establish standards for and oversee the safety of certain railroad equipment, infrastructure 
and operations.  The bill reduces the membership of the freight transportation advisory 
council from 20 members to 9 members, consolidates and simplifies terms describing 
mandatory qualifications of the members and adds a membership category to include a 
person with experience in general manufacturing.   The bill removes the Waldo-Hancock 
Bridge, which no longer exists, from the list of historic bridges for which the State is 
financially liable, and it clarifies that all hearings, notices, reviews and orders under the 
Maine Aeronautics Act must comply with the Maine Administrative Procedure Act.