An Act To Promote New Models of Mobility and Access to Transportation
Maine Legislature, Session 126, LD 1365
Committee Amendment CA_A_H664 (House)
Amends: 23 MRSA §4209, 23 MRSA §4209-A, 30-A MRSA §3515

COMMITTEE AMENDMENT "A" to H.P. 973, L.D. 1365, Bill, "An Act To 
Promote New Models of Mobility and Access to Transportation" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRS A §12004-I, sub-§82-A is enacted to read: 
S2-A. 
Transportation: 
Public Transit 
Public Transit 
Advisory Council 
Not Authorized 
MRS A §4209-A 
Sec. 2. 23 MRSA §4209, sub-§l, as amended by PL 2009, c. 130, §1, is further 
amended to read: 
1. Geographic regions. The Departmeflt of TraBsportatiofl 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 bieflflial 
regioflal operations plan quinquennial locally coordinated plan for regional transit in 
accordance with federal requirements. gelectiofl of The department shall select regional 
public transportation agencies must be by the Departmeflt of TraBsportatiofl in 
collaboration with committee transit stakeholders including transportation providers, 
social service organizations, the Department of Health and Human Services, the 
Department of Labor, the United States Department of Transportation, Federal Transit 
Administration and the Public Transit Advisory Council established in subsectiofl 1 A 
section 4209-A. The Departmeflt of Traflsportatiofl department shall establish a schedule 
for submittal of the bieflflial quinquennial locally coordinated plans for regional 
operatiofls plaB aBd shall refereflce these plaBS ifl its biennial traflsportatioll improvement 
plan sHbmitted to the Legislatme transit to the department for review and approval in 
accordance with subsection 2. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT·A" to H.P. 973, L.D. 1365 
Sec. 3. 23 MRSA §4209, sub-§l-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repealed.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 bietmial 
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 pcrmanent and cffectivc 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 department in 
collaboration with transit stakeholders including transportation providers, social service 
organizations, the Department of Health and Human Services, the Department of Labor, 
the United States Department of Transportation, Federal Transit Administration and the 
committee Public Transit Advisory 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 locally coordinated plan for regional operations plan transit 
are eligible to receive funds administered by the Department of Transportation 
department 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 locally 
coordinated plan for regional operations plan transit drafter or transportation provider 
and securing of provider compliance with the requirements of other state agencies in 
these areas; 
Sec. 6. 23 MRS A §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 112 of the 
operating deficit incurred in fulfillment of the biennial quinquennial locally 
coordinated plan for regional operations plan transit; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 973, L.D. 1365 
Sec. 7. 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 Public Transit Advisory 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 quinquennial locally coordinated plan for regional operations 
plan transit, 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. 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 lli 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 locally coordinated regional operations transit 
planning. The State may contribute to the nonfederal costs of intercity service. 
Sec. 9. 23 MRSA §4209-A is enacted to read: 
§4209-A. Public Transit Advisory Council 
1. Council established. The Public Transit Advisory Council, referred to in this 
section as "the counciL" is established in accordance with Title 5, section 12004-1, 
subsection 82-A to advise the Legislature and the department regarding public transit 
services in the State. The council shall advise the department on the review and approval 
of locally coordinated plans for regional transit and shall advise on any statewide 
strategic transit planning undertaken by the department, including short-term and long-
term fiscal, operating and capital investments, and the integration of transit planning with 
the Sensible Transportation Policy Act. 
2. Membership. The council must include, but is not limited to, the following: 
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; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 973, L.D. 1365 
D. 
The Commissioner of Economic and Community Development or the 
commissioner's designee; and 
E. The following individuals appointed by the commissioner: 
(1) One representative each from the federally designated planning organizations 
for the Portland, Bangor and Lewiston regions; 
(2) One representative of private bus operators; 
(3) 
One representative of a statewide, nonprofit organization advocating on 
behalf of the elderly; 
(4) One representative of a medical provider; 
(5) One representative of a business relying on public transportation; 
(6) One representative of a statewide association of planning and development 
agencies; 
(7) One representative of an organization representing persons with disabilities; 
(8) One representative of a nonprofit transit provider; 
(9) One representative of an economic development organization; and 
(10) One representative of an organization representing low-income persons. 
In making appointments, the commissioner shall ensure that rural and urban areas and 
each transportation planning region of the State designated pursuant to section 4209, 
subsection 1 is represented. 
3. 
Council invitees. 
In addition to the requirements in subsection 2, the 
commissioner shall invite at least 2 members of the joint standing committee of the 
Legislature having jurisdiction over transportation matters representing different political 
parties and at least one representative of a rail transit group to participate in council 
meetings. 
4. 
Terms, vacancies and council chair. 
A member of the council appointed 
pursuant to subsection 2, paragraph E serves for a term of 3 years. If a member is unable 
to complete the term, the commissioner shall appoint a member from the same category 
of members listed in subsection 2, paragraph E as the member who vacated the council to 
serve out the unexpired portion of the term. The commissioner shall determine how the 
council is to choose a chair and for how long the chair is to serve. 
5. Report. The council shall report on its deliberations and any recommendations by 
March 1st of each odd-numbered year to the Governor and the joint standing committees 
of the Legislature having jurisdiction over transportation matters and health and human 
services matters. 
Sec. 10. 30-A MRSA §3515, sub-§I, ~A, as enacted by PL 1987, c. 737, Pt. A, 
§2 and Pt. C, § 106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, 
is further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 973, L.D. 1365 
A. 
The directors of a district that participates in a locally coordinated plan for 
regional operations plan transit that has been approved in accordance with Title 23, 
section 4209, shall establish routes and fixed fares in accordance with the plan 
whenever the plan requires.' 
SUMMARY 
This amendment replaces the bill. It replaces the requirement in current law for 
biennial plans for regional transit with a requirement for quinquennial plans, which is 
consistent with federal requirements. Like the bill, the amendment eliminates the 
Interagency Transportation Coordinating Committee and replaces it with a new public 
transit advisory council. Like the bill, the amendment provides that the council must 
include, at a minimum, the Commissioner of Transportation, the Commissioner of Health 
and Human Services, the Commissioner of Labor and the Commissioner of Economic 
and Community Development. 
The amendment requires the other members to be 
appointed by the Commissioner of Transportation, instead of by the Governor as in the 
bill. The amendment establishes a 3-year tenn for appointed council members, states 
how vacancies are to be filled and provides that the Commissioner of Transportation is to 
choose how a chair is chosen and how long the chair is to serve. The amendment makes 
changes to the membership of the council and directs the commissioner to invite 
members from the joint standing committee of the Legislature having jurisdiction over 
transportation matters representing different political parties and at least one 
representative of a rail transit group to participate in council meetings. The amendment 
also clarifies the role of the council and changes the council's annual reporting 
requirement to a biennial requirement. Lastly, the amendment makes technical changes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/06114 
::'J¥ac. 
LD 1365 
LR 1806(02) 
An Act To Promote New Models of Mobility and Access to Transportation 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ii' L U -Lelptf) 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
Additional costs to the Department of Transportation, the Department of Labor, the Department of Health and Human 
Services and the Department of Economic and Community Development associated with serving on the Public Transit 
Advisory Council can be absorbed within existing budgeted resources. 
The Legislature will incur some additional costs, if members of the Joint Standing Committee on Transportation 
decide to participate. These costs can be absorbed within existing funding for the committee. 
LR1806(02) - Fiscal Note - Page 1 of 1