An Act To Enact the Recommendations of the Commission on Independent Living and Disability
Maine Legislature, Session 127, LD 0949
Committee: Health and Human Services
Sponsors: McCLELLAN, MALABY, PETERSON
Amends: 5 MRSA §12004-I, 23 MRSA §4209, 23 MRSA §4209-A, 30-A MRSA §3515, 20-A MRSA §7258, 26 MRSA §1411-D, 26 MRSA §1412-I, 5 MRSA §4594-G, 5 MRSA §19505, 10 MRSA §9722, 30-A MRSA §4743

Legislative Document 
No. 949 
H.P. 652 
House of Representatives, March 17, 2015 
An Act To Enact the Recommendations of the Commission on 
Independent Living and Disability 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative McCLELLAN of Raymond. 
Cosponsored by Representatives: MALABY of Hancock, PETERSON of Rumford. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  5 MRSA §12004-I, sub-§82-A is enacted to read: 
82-A.   
Sec. A-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. A-3.  23 MRSA §4209, sub-§1-A, as enacted by PL 2009, c. 130, §2, is 
repealed. 
Sec. A-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. A-5.  23 MRSA §4209, sub-§3, ¶¶A and C, as amended by PL 1987, c. 
428, §2, are 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; 
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. A-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. A-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. A-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 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 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 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, the joint standing committee of 
the Legislature having jurisdiction over transportation matters and the joint standing 
committee of the Legislature having jurisdiction over health and human services matters. 
Sec. A-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. A-10.  Department of Health and Human Services to convene a work 
group; develop statewide transportation voucher program.  The Department of 
Health and Human Services shall convene a work group to develop a proposal for a 
statewide transportation voucher program for persons with disabilities.  Members of the 
work group must include representatives from the following: the Department of 
Transportation, the Department of Labor, Alpha One and the Statewide Independent 
Living Council established pursuant to 29 United States Code, Section 796d.  The work 
group shall examine the flexibility of federal funding and matching fund sources, consult 
with the University of Montana Research and Training Center on Disability in Rural 
Communities for assistance developing the proposal and submit its findings and 
recommendations to the Joint Standing Committee on Transportation, the Joint Standing 
Committee on Health and Human Services and the Joint Standing Committee on Labor, 
Commerce, Research and Economic Development no later than December 15, 2015.  The 
Joint Standing Committee on Health and Human Services may report out a bill regarding 
this subject matter to the Second Regular Session of the 127th Legislature. 
Sec. A-11.  Staggered terms.  Notwithstanding the Maine Revised Statutes, Title 
23, section 4209-A, subsection 4, of the initial members of the Public Transit Advisory 
Council appointed pursuant to Title 23, section 4209-A, subsection 2, paragraph E, the 
Commissioner of Transportation shall appoint 4 to 3-year terms, 3 to 2-year terms and 3 
to one-year terms. 
PART B 
Sec. B-1.  20-A MRSA §7258, sub-§1, as enacted by PL 1997, c. 345, §1, is 
amended to read: 
1.  Pupil evaluation team meetings; transition contact person; transition plan.  
Annually, representatives from appropriate state service agencies, as determined by the 
pupil evaluation team of the school administrative unit, and in accordance with special 
education rules, shall designate a transition contact person to participate in transition 
planning for students with disabilities and students qualified under Section 504 of the 
federal Rehabilitation Act of 1973, 29 United States Code, Section 701 et seq.  The 
transition contact person shall attend pupil evaluation team meetings or provide relevant 
information to the pupil evaluation team for transition planning purposes.  This 
requirement applies to students with disabilities who have attained 16 years of age, or 14 
years of age when determined by the pupil evaluation team to be appropriate. 
In performing the transition planning for a student with a disability or a student qualified 
under Section 504 of the federal Rehabilitation Act of 1973, the school administrative 
unit shall include consultation with community partners, community service providers, 
the student and the student's family, the division of vocational rehabilitation within the 
Department of Labor, Bureau of Rehabilitation Services and the agency that is designated 
by the Governor pursuant to Title 5, section 19502 to serve as the protection and 
advocacy agency for persons with disabilities.  The transition planning must include an 
independent living assessment for the student.  For a student who receives services from 
the Department of Health and Human Services, Office of Child and Family Services, the 
school administrative unit shall work in consultation with the division of vocational 
rehabilitation within the Department of Labor, Bureau of Rehabilitation Services to 
include postsecondary preparation strategies for the student during transition planning. 
PART C 
Sec. C-1.  26 MRSA §1411-D, sub-§8, as enacted by PL 1995, c. 560, Pt. F, §13, 
is amended to read: 
8.  Eligibility and priority.  Shall determine the eligibility of individuals for 
rehabilitation services or evaluation and vocational services and the priority for those 
services in accordance with rules established by the department; and 
Sec. C-2.  26 MRSA §1411-D, sub-§9, as amended by PL 2011, c. 348, §8, is 
further amended to read: 
9.  Transitional services coordination.  Shall participate with school administrative 
units in transition planning for each student receiving special education services who is 
years of age or older, or 14 years of age if determined appropriate by the student's 
individualized education program team, and shall assign appropriate staff as a transition 
contact person and as a member of the transition planning team for each student.; and 
Sec. C-3.  26 MRSA §1411-D, sub-§10 is enacted to read: 
10.  Progress report.  Beginning January 15, 2016, shall provide an annual report to 
the joint standing committee of the Legislature having jurisdiction over health and human 
services matters on the State's efforts to improve vocational rehabilitation outcomes as 
required under this subchapter and to reduce the length of time it takes the department to 
enter into an individualized plan of employment with individuals eligible to receive 
services under this subchapter. 
Sec. C-4.  26 MRSA §1412-I is enacted to read: 
§1412-I.  Strategic planning report 
In addition to its existing duties, the Statewide Independent Living Council, 
established pursuant to 29 United States Code, Sections 796 to 796f (1999) and 
administered by the Bureau of Rehabilitation Services, shall, beginning January 15, 2016, 
provide an annual report to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters on the State's strategic planning 
efforts to increase opportunities for persons with disabilities to live independently within 
the community, the effectiveness and coordination of programs and services designed to 
support independent living efforts and any recommendations for improvement in the 
delivery of services to persons with disabilities. 
PART D 
Sec. D-1.  5 MRSA §4594-G, sub-§7, as enacted by PL 2011, c. 322, §8, is 
amended to read: 
7.  Inspection.  If officials of the municipality in which a restaurant, motel, hotel or 
inn; state, municipal or county building; or an elementary or secondary school covered by 
this subsection is constructed, renovated, remodeled or enlarged inspect buildings for 
compliance with construction standards, that inspection must include an inspection for 
compliance with plans certified by the Office of the State Fire Marshal or by a 
professional pursuant to subsection 4.  The municipal officials shall require that a facility 
covered by this paragraph be inspected through an on-site visit by a representative of the 
Office of the State Fire Marshal for compliance with the standards of construction 
required by subsection 3 before the municipal officials permit a facility covered by this 
paragraph subsection to be occupied. 
Sec. D-2.  5 MRSA §19505, sub-§3, as enacted by PL 1989, c. 837, §1, is 
amended to read: 
3.  Pursuit of remedies.  The agency may pursue administrative, legal and other 
appropriate remedies on behalf of persons with disabilities.  The agency has standing to 
file a civil action for alleged violations of chapter 337, subchapter 5 in Superior Court.  
Notwithstanding section 4622, subsection 1, the agency may be awarded reasonable 
attorney's fees and costs as provided in section 4614. 
Sec. D-3.  10 MRSA §9722, sub-§6, ¶L, as corrected by RR 2011, c. 1, §11, is 
amended to read: 
L.  In the adoption and amendment of the Maine Uniform Building and Energy Code, 
adopt the standards for residential basement wall insulation under the 2006 edition of 
the International Energy Conservation Code published by the International Code 
Council; and 
Sec. D-4.  10 MRSA §9722, sub-§6, ¶M, as reallocated by RR 2011, c. 1, §12, is 
amended to read: 
M.  Adopt, amend and maintain the Maine Uniform Building Code and the Maine 
Uniform Energy Code.; and 
Sec. D-5.  10 MRSA §9722, sub-§6, ¶N is enacted to read: 
N.  In the adoption and amendment of the Maine Uniform Building and Energy Code, 
adopt the most recent federal Americans with Disabilities Act of 1990 accessibility 
guidelines as published by the International Code Council. 
PART E 
Sec. E-1.  30-A MRSA §4743, sub-§4 is enacted to read: 
4.  Rental housing list service.  It shall post all rental housing vacancies that are 
readily accessible to and usable by persons with disabilities in accordance with applicable 
local, state and federal accessibility requirements, including Title VIII of the federal Civil 
Rights Act of 1968, federal Fair Housing Act, the federal Americans with Disabilities Act 
of 1990 and Section 504 of the federal Rehabilitation Act of 1973, on the Maine State 
Housing Authority's publicly accessible rental housing listing service website. 
PART F 
Sec. F-1.  Medicaid state plan amendment; telehealth coverage.  The 
Department of Health and Human Services shall pursue amendment to the federally 
approved Medicaid state plan to include and broaden coverage for assistive technology 
without the restrictions currently applied to telehealth; cover assistive technology within 
all Department of Health and Human Services waivers; include telemedicine; broaden 
telehealth use; and broaden telehealth home-based care.  For the purposes of this section, 
"telehealth," as it pertains to the delivery of health care services, means the use of 
electronic information and telecommunications technologies to support long-distance 
clinical health care, patient and professional health-related education, public health and 
health administration and includes videoconferencing, the Internet, store-and-forward 
imaging, streaming media and terrestrial and wireless communications. 
SUMMARY 
This bill includes the final recommendations of the Commission on Independent 
Living and Disability and does the following. 
1.  Part A replaces the requirement in current law for biennial plans for regional 
transit with a requirement for quinquennial plans, which is consistent with federal 
requirements.  It eliminates the Interagency Transportation Coordinating Committee and 
replaces it with a new public transit advisory council.  It also specifies the role of the 
council and requires reporting every 2 years.  It requires the Department of Health and 
Human Services to convene a work group to develop a statewide transportation voucher 
program for persons with disabilities. 
2.  Part B adds new transition planning requirements for students with disabilities to 
include team meetings that must begin at 14 years of age with community partners, 
community service providers, the students and their families, the division of vocational 
rehabilitation within the Department of Labor, Bureau of Rehabilitation Services and the 
agency that is designated by the Governor to serve as the protection and advocacy agency 
for persons with disabilities.  It requires that the transition planning include independent 
living assessments for the students.  For students who receive services from the 
Department of Health and Human Services, Office of Child and Family Services, it 
requires the school administrative unit to work in consultation with the division of 
vocational rehabilitation within the Department of Labor, Bureau of Rehabilitation 
Services to include postsecondary preparation strategies for the students during transition 
planning. 
3.  Part C requires the Statewide Independent Living Council to provide an annual 
report to the Legislature on the State's strategic planning efforts to increase opportunities 
for persons with disabilities to live independently within the community.  It also requires 
the Commissioner of Labor to provide an annual report to the Legislature on the State's 
efforts to improve vocational rehabilitation outcomes and reduce the length of time it 
takes the department to enter into an individualized plan of employment with individuals 
eligible to receive rehabilitation services. 
4.  Part D amends the Maine Human Rights Act to require an on-site inspection by a 
representative of the Office of the State Fire Marshal to ensure that new public buildings 
and certain buildings to which the public has access are constructed in compliance with 
the Maine Human Rights Act.  It also requires the Technical Building Codes and 
Standards Board to adopt the most recent federal Americans with Disabilities Act of 1990 
accessibility guidelines as published by the International Code Council. It also authorizes 
the agency that is designated by the Governor to serve as the protection and advocacy 
agency for persons with disabilities in Maine to bring a civil action in Superior Court for 
violations of the Maine Human Rights Act regarding public accommodations and allows 
the agency to receive reasonable attorney's fees and costs. 
5.  Part E requires a housing authority to post all rental housing vacancies that are 
readily accessible to and usable by persons with disabilities on the Maine State Housing 
Authority's publicly accessible rental housing listing service website. 
6.  Part F requires the Department of Health and Human Services to amend the 
federally approved Medicaid state plan to include and broaden coverage for assistive 
technology without the restrictions currently applied to telehealth; cover assistive 
technology within all Department of Health and Human Services waivers; include 
telemedicine; broaden telehealth use; and broaden telehealth home-based care.