An Act To Strengthen Collaboration in the Transfer of Responsibilities for State and State Aid Highways
Maine Legislature, Session 126, LD 0067
Committee: Transportation
Sponsors: BOLAND, TUTTLE, COLLINS, CHENETTE, COTTA, KUSIAK, MASON, PEOPLES, WEAVER, LACHOWICZ
Amends: 23 MRSA §754

Legislative Document 
No. 67 
H.P. 70 
House of Representatives, January 22, 2013 
An Act To Strengthen Collaboration in the Transfer of 
Responsibilities for State and State Aid Highways 
Reference to the Committee on Transportation suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BOLAND of Sanford. 
Cosponsored by Senator TUTTLE of York, Senator COLLINS of York and 
Representatives: CHENETTE of Saco, COTTA of China, KUSIAK of Fairfield, 
MacDONALD of Old Orchard Beach, MASON of Topsham, PEOPLES of Westbrook, 
WEAVER of York, Senator: LACHOWICZ of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  23 MRSA §754, sub-§1, as amended by PL 2011, c. 652, §2 and affected 
by §14, is further amended to read: 
1.  Jurisdiction.  Except as otherwise provided, all state and state aid highways 
within compact areas of urban compact municipalities, as defined in subsection 2, as 
determined by the department must be maintained in good repair condition by the town in 
which the highways are located at the expense of the town.  Municipalities must be 
notified one year in advance of changes in compact or built-up sections that place 
additional maintenance responsibilities on the municipalities. Municipalities may waive 
the requirement of the one-year notice. When any town neglects to maintain the highways 
within 14 days after notice given its municipal officers by the department, the department 
may proceed to make necessary repairs to that way, which must be paid for by the State 
and the cost for the repairs must be withheld from funds due the town under the Local 
Road Assistance Program, established in chapter 19, subchapter 6.  The amounts 
collected from these towns must be added to the fund for maintenance of state and state 
aid highways. 
Sec. 2.  23 MRSA §754, sub-§3, as amended by PL 2007, c. 417, §1, is further 
amended to read: 
3.  Transfer of state or state aid highway.  When the responsibility for maintenance 
of a section of state or state aid highway is to be transferred to a municipality as a result 
of population growth, as determined using the decennial United States census, or the 
municipality meets the definition of a compact or built-up section under section 2, and 
when the municipality is not eligible to opt out of summer maintenance pursuant to 
subsection 2, paragraph C, the department shall prepare a capital and maintenance plan to 
ensure that the section of state or state aid highway is in good repair condition at the time 
of transfer.  The plan must be developed in consultation with the affected municipality.  
For the purpose of this subsection, "good repair" means actions intended to reasonably 
avoid nonroutine maintenance activities for a minimum of 10 years and includes 
consideration of ditching, culverts, major structural defects and pavement condition 
ratings of 3.3 or higher as determined by the department.   
Prior to meeting with the affected municipality to discuss the transfer, the department 
shall provide the municipality with: 
A.  Survey and layout plans pertaining to the section of state or state aid highway to 
be transferred; 
B.  Maintenance records for the 15 years prior to the meeting; 
C.  Information on improvement projects for the section of state or state aid highway 
being implemented or planned for implementation, including funding sources; and 
D.  All legal documentation establishing ownership of the section of state or state aid 
highway. 
After providing the required materials, the department shall develop in collaboration with 
the affected municipality a memorandum of understanding detailing the improvements 
necessary to bring the road into good condition.  In case of a dispute over the necessary 
improvements, either party may engage the resolution process provided in subsection 5.  
Unless otherwise addressed in the memorandum of understanding, transfer of 
responsibility occurs 24 months after all improvements are completed. 
Sec. 3.  23 MRSA §754, sub-§4 is enacted to read: 
4.  Good condition.  For purposes of this section, "good condition" means all 
improvements necessary to avoid capital and nonroutine maintenance activities for a 
minimum of 10 years.  Improvements must address, but are not limited to, pavement 
condition ratings of 3.3 or higher, horizontal alignment, vertical alignment, sight distance, 
roadside clearance zones, guardrails, utilities, signs, striping, rights of way, sidewalks, 
intersections, shoulders, culverts, closed drainage systems, minor spans, bridges and 
high-crash locations. 
Sec. 4.  23 MRSA §754, sub-§5 is enacted to read: 
5.  Dispute resolution process.  A 3-member review board must be created each 
time a dispute between the State and a local government arises as a result of the state and 
state aid highway transfer process.  The board consists of one member appointed by the 
department, one member appointed by an organization representing municipal 
government and one road construction or engineering industry professional jointly 
appointed by the department and the municipal appointee.  The department shall establish 
by rule the procedures governing the dispute resolution process, including, without 
limitation: 
A.  The process for filing a dispute for resolution; 
B.  The dispute resolution procedures; and  
C.  The time frame within which disputes are to be resolved. 
Final decisions of a review board represent final agency action.  Rules adopted pursuant 
to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
SUMMARY 
This bill amends the existing urban compact road transfer process by requiring the 
Department of Transportation to work collaboratively with the affected municipality to 
ensure that a section of state or state aid highway transferred to a municipality for 
maintenance responsibilities is in good condition.  In addition to outlining the information 
and documents that must be provided to the affected municipality, the bill provides a 
more detailed definition of "good condition" and creates a dispute resolution process to 
address contested issues.