An Act To Improve Transit Services Statewide
Maine Legislature, Session 127, LD 0844
Committee: Transportation
Sponsors: McLEAN, DIAMOND, HUBBELL, MAKER, MASTRACCIO, TURNER, WINSOR, VALENTINO
Amends: 5 MRSA §12004-I, 23 MRSA §4209, 23 MRSA §4209-A, 30-A MRSA §3515

Legislative Document 
No. 844 
H.P. 578 
House of Representatives, March 10, 2015 
An Act To Improve Transit Services Statewide 
Reference to the Committee on Transportation suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative McLEAN of Gorham. 
Cosponsored by Senator DIAMOND of Cumberland and 
Representatives: HUBBELL of Bar Harbor, MAKER of Calais, MASTRACCIO of Sanford, 
TURNER of Burlington, WINSOR of Norway, Senator: VALENTINO of York. 
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 §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 quinquennial locally coordinated plan for regional transit in 
accordance with federal requirements.  Selection of The department shall select regional 
public transportation agencies must be by the Department of Transportation in 
collaboration with the committee established in subsection 1-A 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 
under section 4209-A.  The Department of Transportation department shall establish a 
schedule for submittal of the biennial quinquennial locally coordinated plans for regional 
operations plan and shall reference these plans in its biennial transportation improvement 
plan submitted to the Legislature transit to the department for review and approval in 
accordance with subsection 2. 
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repealed.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;  
Transportation: 
Public Transit 
Public Transit 
Advisory Council 
Not Authorized 
MRSA §4209-A 
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 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, 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 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; 
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 quinquennial locally 
coordinated plan for regional operations plan transit; 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 may enter into a request for proposals process for grants to nonprofit 
organizations for innovative regional projects that reflect the priorities in subsection 2, 
paragraph B, involve and integrate multiple service providers and modes of transportation 
and address service gaps identified as priorities in regional or state planning. 
Sec. 6.  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 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. 7.  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 locally coordinated regional operations transit 
planning. The State may contribute to the nonfederal costs of intercity service.  
Sec. 8.  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-I, 
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 under section 4209 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; 
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 Bangor, Kittery, Lewiston and Auburn and Portland 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 that relies 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 are 
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 the Northern New England Passenger Rail 
Authority, established in Title 5, section 12004-F, subsection 16, 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.  The report must include the following: 
A.  An assessment of the level of public transportation services provided to the 
public; 
B.  Recommendations for the level of service that should be provided and an estimate 
of the cost of providing those services; and 
C.  Recommendations for the optimal coordination of transit services with other 
senior and veteran services provided by the department and the Department of Health 
and Human Services. 
Sec. 9.  30-A MRSA §3515, sub-§1, ¶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: 
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. 
Sec. 10.  Staggered terms.  Notwithstanding the Maine Revised Statutes, Title 23, 
section 4209-A, subsection 4, the Commissioner of Transportation shall designate the 
initial appointments of public members of the Public Transit Advisory Council under 
Title 23, section 4209-A, subsection 2, paragraph E, subparagraphs (1) to (3) for a one-
year term, the appointments under Title 23, section 4209-A, subsection 2, paragraph E, 
subparagraphs (4) to (6) for a 2-year term and any other appointments for a 3-year term. 
SUMMARY 
This bill replaces the requirement in current law for biennial plans for regional transit 
with a requirement for quinquennial plans, which is consistent with federal requirements.  
The bill eliminates the Interagency Transportation Coordinating Committee and replaces 
it with a new Public Transit Advisory Council.  The council is required to assist state 
agencies and the Legislature on issues related to public transit services. 
The bill 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 or their 
designees.  The other members are appointed by the Commissioner of Transportation.  
The commissioner is required 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 the Northern New England Passenger Rail 
Authority to participate in council meetings. 
The council is required to report to the Governor and the joint standing committees of 
the Legislature having jurisdiction over transportation matters and health and human 
services matters by March 1st of each odd-numbered year.