An Act To
Maine Legislature, Session 129, LD 2064
Committee Amendment CA_A_H860 (House)
Amends: 23 MRSA §566

COMMITTEE AMENDMENT “      ” to H.P. 1466, L.D. 2064, Bill, “An Act To 
Amend the Laws Governing Local Bridges”
Amend the bill by striking out all of section 2.
Amend the bill by striking out all of sections 3 and 4 and inserting the following:
'Sec. 3.  23 MRSA §566, sub-§1, as enacted by PL 2001, c. 314, §2 and affected 
by §4, is amended to read:
1.  Changes to structures.  If a structure is improved in a manner that affects 
whether it is defined as changes a culvert or a minor span or to a bridge, the 
responsibilities set forth in this subchapter regarding the structure do not change unless 
the department determines that there exists a reasonable engineering basis for the 
improvement and the department approves the design plans and specifications of the 
improvement prior to the construction.  The department may approve improvements to a 
structure only if the improvements are made in accordance with department standards and 
sealed by a professional engineer licensed under Title 32, chapter 19 to practice in this 
State.  After construction, the department shall inspect the structure, and, if the structure 
is found to conform with the approved design, the department shall accept responsibility 
for the structure.  If the inspection reveals the structure was not improved in accordance 
with the department-approved design, the municipality shall make any necessary 
corrections to the structure required by the department before the department accepts 
responsibility for the structure.
Sec. 4.  23 MRSA §566, sub-§2, as enacted by PL 2001, c. 314, §2 and affected 
by §4, is amended to read:
2.  New structures.  If a municipality constructs a new bridge on a town way, the 
department shall assume the responsibilities set forth in the subchapter only if the 
department determines that there is a reasonable engineering basis for the bridge, as 
opposed to a minor span, and if the department approves the design and construction of 
the bridge prior to the construction of the bridge.  The department may approve the 
design and construction of a bridge only if the bridge is designed in accordance with 
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1466, L.D. 2064
COMMITTEE AMENDMENT
department standards and sealed by a professional engineer licensed under Title 32, 
chapter 19 to practice in this State.  After construction, the department shall inspect the 
bridge.  If the inspection reveals the bridge was not constructed in accordance with the 
department-approved design, the municipality shall make any necessary corrections to the 
bridge required by the department before the department accepts responsibility for the 
bridge.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment removes the provision of the bill that states the Department of 
Transportation's payment of the remaining portion of the cost of a capital improvement to 
a bridge on a town way is subject to available funds.  The amendment also makes minor 
changes to clarify provisions in the bill and clarifies that, if a culvert or a minor span is 
changed into a bridge, that change is subject to the department's approved design plans 
and specifications.
FISCAL NOTE REQUIRED
(See attached)
Approved: 03/13/20
LD 2064
LR 3026(02)
Fiscal Detail and Notes
Potential current biennium cost increase - Highway Fund
Potential current biennium cost increase - Other Special Revenue Funds
Potential current biennium cost increase - Federal Expenditures Funds
Costs to the Department of Transportation could increase if the department needs to accept responsibility for a 
structure currently maintained by a municipality.  No estimate of any potential cost is made at this time.
An Act To Amend the Laws Governing Local Bridges
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Transportation
Fiscal Note Required: Yes
Fiscal Note
LR3026(02) - Fiscal Note - Page 1 of 1