An Act To Create the Fund for Municipalities To Improve Pedestrian Safety
Maine Legislature, Session 129, LD 0778
Committee: Transportation
Sponsors: LIBBY, BRYANT, CHIPMAN, DIAMOND, FARRIN, MIRAMANT, AUSTIN, CLOUTIER, SHEATS
Amends: 23 MRSA §75, 23 MRSA §4210-B

Legislative Document
No. 778
S.P. 222
In Senate, February 12, 2019
An Act To Create the Fund for Municipalities To Improve 
Pedestrian Safety
Reference to the Committee on Transportation suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative BRYANT of Windham and
Senators: CHIPMAN of Cumberland, DIAMOND of Cumberland, FARRIN of Somerset, 
MIRAMANT of Knox, Representatives: AUSTIN of Skowhegan, CLOUTIER of Lewiston, 
SHEATS of Auburn.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  23 MRSA §75 is enacted to read:
§75.  Fund for Municipalities To Improve Pedestrian Safety
1.  Establishment.  The Fund for Municipalities To Improve Pedestrian Safety, 
referred to in this section as "the fund," is established as a program account in the 
Highway Fund within the department.  The fund must be used for pedestrian safety 
improvements, including, but not limited to, lights, paint, signs, speed bumps and 
reconstruction of intersections.  The department shall administer the fund.
2.  Revenue.  The fund receives the following revenue:
A.  Amounts from uncommitted balances in the Multimodal Transportation Fund as 
provided in section 4210-B; and
B.  Other funds from any public or private source received for use for any of the 
purposes for which the fund has been established.
3.  Distribution and use of funds.  A municipality or a group of municipalities may 
apply for funding under this section.  Up to 80% of project costs for pedestrian safety 
improvements as determined by the department may be financed from the fund with the 
remainder of the costs provided by the municipality or group of municipalities.  Up to 
100% of project costs for pedestrian safety improvements as determined by the 
department may be financed from the fund if the project is located within an area 
identified by the department as a dangerous intersection under rules adopted pursuant to 
subsection 4 based on pedestrian crash data with any remainder of the costs provided by 
the municipality or group of municipalities.  The department shall authorize funding 
amounts, within available funds, based on a competitive rating system established by the 
department by rule.
4.  Rules.  The Commissioner of Transportation shall adopt rules to implement this 
section, including rules that establish criteria for determining dangerous intersections 
pursuant to subsection 3.  Rules adopted pursuant to this subsection are major substantive 
rules as defined in Title 5, chapter 375, subchapter 2-A.
5.  Report.  Beginning January 15, 2020 and biennially thereafter, the Commissioner 
of Transportation shall report to the joint standing committee of the Legislature having 
jurisdiction over transportation matters on the implementation and operation of this 
section.  The department shall notify municipalities of the availability of the report under 
this subsection and pedestrian crash data the department uses pursuant to subsection 3.
Sec. 2.  23 MRSA §4210-B, sub-§1, as amended by PL 2011, c. 649, Pt. E, §2, is 
further amended to read:
1.  Establishment of fund.  The Multimodal Transportation Fund, referred to in this 
section as "the Multimodal Transportation Fund" is established as an Other Special 
Revenue Funds program through the Department of Administrative and Financial 
Services.  Funds Except as provided by subsection 8, funds appropriated, allocated, 
transferred or deposited in the account accrue interest earnings that must be used within 
the Multimodal Transportation Fund.
Sec. 3.  23 MRSA §4210-B, sub-§8 is enacted to read:
8.  Transfers from fund.  At the close of each fiscal year, the State Controller shall 
transfer to the Fund for Municipalities To Improve Pedestrian Safety, established in 
section 75, the uncommitted balance in the Multimodal Transportation Fund unallocated 
surplus account.  For purposes of this subsection, "uncommitted balance in the 
Multimodal Transportation Fund unallocated surplus account" means the amount 
remaining in the Multimodal Transportation Fund unallocated surplus account at the 
close of the fiscal year after the deduction of all allocations, budgeted financial 
commitments and adjustments considered necessary by the State Controller.
SUMMARY
This bill establishes the Fund for Municipalities To Improve Pedestrian Safety as a 
program account in the Highway Fund within the Department of Transportation.  The bill 
provides that the fund must be used for pedestrian safety improvements, such as lights, 
paint, signs, speed bumps and reconstruction of intersections.  The bill also provides that 
a municipality or a group of municipalities may apply for funding from the fund.  Up to 
80% of project costs for pedestrian safety improvements may be financed from the fund 
with the remainder of the costs provided by the municipality or group of municipalities, 
except that up to 100% of proposed project costs for pedestrian safety improvements may 
be financed from the fund if the project is located within an area identified by the 
Department of Transportation as a dangerous intersection based on pedestrian crash data.  
The bill also requires the department to notify municipalities of the required biennial 
report and pedestrian crash data.  Finally, the bill provides that the Fund for 
Municipalities To Improve Pedestrian Safety receives revenue from uncommitted 
balances in the Multimodal Transportation Fund and other funds from any public or 
private source.