An Act To Amend the Laws Governing the State's Rail Authority
Maine Legislature, Session 128, LD 0724
Committee: Transportation
Sponsors: LIBBY, GOLDEN
Amends: 23 MRSA §8013, 23 MRSA §8116, 23 MRSA §8121

Legislative Document
No. 724
S.P. 241
In Senate, February 28, 2017
An Act To Amend the Laws Governing the State's Rail Authority
Reference to the Committee on Transportation suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative GOLDEN of Lewiston.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  23 MRSA §8013 is enacted to read: 
§8013.  Passenger rail advisory council 
The passenger rail advisory council within the Department of Transportation shall 
meet 4 times a year and shall serve as a public forum for input on passenger rail planning 
and provide the public with updates on the operational, capital and financial structure of 
passenger and freight railroad operations in the State. 
Sec. 2.  23 MRSA §8116, as enacted by PL 1995, c. 374, §3, is amended to read: 
§8116.  Report to the Legislature; departmental review 
1.  Annual report.  Beginning January 1, 1996, on an annual basis, the authority 
shall present its report to the Legislative Council and send copies to a joint meeting of the 
joint standing committee of the Legislature having jurisdiction over transportation matters 
and the Commissioner of Transportation joint standing committee of the Legislature 
having jurisdiction over appropriations and financial affairs.  The report shall must 
include a description of the authority's activities for the preceding fiscal year, including a 
report of its receipts and expenditures from all sources. 
2.  Operating budget.  Beginning January 31, 1996, on an annual basis, the authority 
shall present the operating budget of the authority for the next fiscal year beginning July 
1st to the Commissioner of Transportation for approval.  The authority may only make 
expenditures in accordance with allocations approved by the commissioner.  Any balance 
of an allocation that at any time may not be required for the purpose named in that 
allocation may be transferred at any time prior to the closing of the books to any other 
allocation for the use of the authority for the same fiscal year subject to review and 
approval by the commissioner.  Fiscal statements describing a transfer must be submitted 
by the authority to the commissioner 30 days before the transfer is to be implemented.  
These fiscal statements must include information specifying the accounts that are 
affected, amounts to be transferred, a description of the transfer and a detailed 
explanation as to why the transfer is needed. 
3.  Appropriation.  On or before January 31st of each year, the authority shall 
present to each regular session of the Legislature for its approval the authority's revenue 
fund budget for the calendar year that begins after the adjournment of that regular session 
and shall present to each regular session of the Legislature for informational purposes a 
statement of the revenues necessary during the next calendar year to fund capital 
expenditures and reserves and to meet the requirements of any resolution authorizing 
bonds of the authority, including debt service and the maintenance of reserves for debt 
service and reserve maintenance. The authority shall present a detailed budget of 
expenditures from the authority's reserve maintenance fund for the next calendar year and 
shall include cross-references to show the total of similar expense categories that are paid 
from both the revenue and reserve maintenance funds. The authority may only pay 
revenue fund operating expenses in accordance with allocations approved by the 
Legislature or as necessary to satisfy the requirements of any resolution authorizing 
bonds of the authority. If alterations to the authority's revenue fund budget are needed, 
they must be reported by financial order to the joint standing committee of the Legislature 
having jurisdiction over transportation matters. 
Sec. 3.  23 MRSA §8121 is enacted to read: 
§8121.  Public input 
The authority shall hold timely and appropriate forums for public input and vetting of 
projects determined by the Commissioner of Transportation to be significant projects 
throughout the project selection, design and implementation processes. 
SUMMARY 
This bill transfers the budget approval authority for the Northern New England 
Passenger Rail Authority from the Department of Transportation to the Legislature.  It 
requires the authority to present its annual report to a joint meeting of the joint standing 
committee of the Legislature having jurisdiction over transportation matters and the joint 
standing committee of the Legislature having jurisdiction over appropriations and 
financial affairs.  It also requires the authority to hold timely and appropriate forums for 
public input and vetting of significant projects throughout the project selection, design 
and implementation processes.  Finally, the bill directs the passenger rail advisory council 
within the Department of Transportation to meet 4 times a year and to serve as a public 
forum for input on passenger rail planning and provide the public with updates on the 
operational, capital and financial structure of passenger and freight railroad operations in 
the State.