An Act To Create the Rail Corridor Use Advisory Council Process”
Maine Legislature, Session 129, LD 2124
Committee Amendment CA_A_H810 (House)
Amends: 23 MRSA §7107

COMMITTEE AMENDMENT “      ” to H.P. 1514, L.D. 2124, Bill, “An Act To 
Create the Rail Corridor Use Advisory Council Process”
Amend the bill in section 1 in §75 by striking out all of subsection 1 (page 1, lines 4 
to 14 in L.D.) and inserting the following:
'1.  Purpose.  Upon petition by one or more governmental entities that represent 
communities along a state-owned rail corridor in which the Department of Transportation 
controls the right-of-way requesting the department to review a nonrail recreational and 
nonrecreational transportation use of that rail corridor, the Commissioner of 
Transportation, for each petition received, shall notify the joint standing committee of the 
Legislature having jurisdiction over transportation matters and may establish a rail 
corridor use advisory council, referred to in this section as "a council," to facilitate 
discussion, gather information and provide advice to the commissioner regarding future 
use of the rail corridor identified in the petition.  The council shall review and make 
recommendations on the likelihood, benefits and costs of potential uses of the rail 
corridor, including, but not limited to, rail use, trail use or bikeways, as long as any 
nonrail use is considered by the council to be interim in nature and all such rail corridors 
are preserved for future rail use as provided in chapter 615.' 
Amend the bill in section 1 in §75 by striking out all of subsection 2 (page 1, lines 15 
to 31 in L.D.) and inserting the following:
'2.  Membership.  The Commissioner of Transportation shall invite at least 9 and no 
more than 15 persons to serve on a council.  Membership may include:
A.  The Commissioner of Transportation or the commissioner's designee;
B.  The Commissioner of Agriculture, Conservation and Forestry or the 
commissioner's designee;
C.  The Commissioner of Economic and Community Development or the 
commissioner's designee;
D.  The Commissioner of Health and Human Services or the commissioner's 
designee;
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1514, L.D. 2124
COMMITTEE AMENDMENT
E.  One or more members representing other state agencies;
F.  One member representing a statewide or regional tourism organization;
G.  One member representing a chamber of commerce or other regional or local 
economic development entity of the geographic area containing the rail corridor; 
H.  One member representing an organization advocating for rail use or preservation;
I.  One member representing an organization advocating for recreational trail use or 
advocating for bicyclist or pedestrian interests; and
J.  One or more municipal officials or staff from municipalities located on the rail 
corridor.' 
Amend the bill by striking out all of section 2 and inserting the following:
'Sec. 2.  23 MRSA §7107, as enacted by PL 2003, c. 498, §4, is amended to read:
§7107.  Dismantling of state-owned track or change for other nonrail use
Except as provided in this section, the Department of Transportation may not 
dismantle or change state-owned track or contract with a state agency or private entity for 
the dismantling of state-owned track or making other changes to that track for a nonrail 
use.  When the department, in consultation with a regional economic planning entity and 
a regional transportation advisory committee established in accordance with rules adopted 
under section 73, subsection 4, determines that removal of a specific length of rail owned 
by the State will not have a negative impact on a region or on future economic 
opportunities for that region, the Commissioner of Transportation shall seek review by 
the joint standing committee of the Legislature having jurisdiction over transportation 
matters prior to removal.
The department may not convert a state-owned rail corridor in which the department 
controls the right-of-way to a nonrail recreational and nonrecreational transportation use 
without following the rail corridor use advisory council process established under section 
and without legislative approval. If the Commissioner of Transportation receives a 
report from a rail corridor use advisory council established under section 75 that includes 
a recommendation of track removal or other change for nonrail use and the commissioner 
concurs with that recommendation, the commissioner shall seek legislative approval of 
the recommendation by submitting proposed legislation to the joint standing committee 
of the Legislature having jurisdiction over transportation matters prior to removal or other 
change for the proposed nonrail use. Legislation submitted under this section must 
include language stating that any track removal or other change for nonrail use is 
considered interim in nature and that the rail corridor will be preserved for future rail use 
as provided under this chapter.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment makes the following changes to the bill:
COMMITTEE AMENDMENT “      ” to H.P. 1514, L.D. 2124
COMMITTEE AMENDMENT
1.  It distinguishes the rail corridor use advisory council process from the rail 
preservation act process;
2.  It specifies that the rail corridor use advisory council process only applies to state-
owned track where the Department of Transportation controls the right-of-way and the 
proposed change is for recreational and nonrecreational transportation use;
3.  It requires the Commissioner of Transportation to notify the joint standing 
committee of the Legislature having jurisdiction over transportation matters upon receipt 
of a petition requesting review of nonrail use for state-owned track;
4.  It permits a rail corridor use advisory council to include the Commissioner of 
Health and Human Services as a member;
5.  It changes the provision in the bill that a rail corridor use advisory council include 
one member representing an organization advocating for recreational trail use and one 
member advocating for bicyclist or pedestrian needs to require instead that a rail corridor 
use advisory council include one member representing either an organization advocating 
for recreational trail use or an organization advocating for bicyclist or pedestrian 
interests; and
6.  It requires legislative approval before the department may convert state-owned 
track to a nonrail recreational and nonrecreational transportation use.
Approved: 03/14/20
LD 2124
LR 3235(02)
Fiscal Detail and Notes
Minor cost increase - General Fund
Minor cost increase - Highway Fund
Any additional costs to the Departments of Transportation, Economic and Community Development, Health and 
Human Services, Agriculture, Conservation and Forestry and other state agencies to serve on the advisory council are 
expected to be minor and can be absorbed within existing budgeted resources.  Additional costs to the Department of 
Transportation to provide staff support to the council can also be absorbed.
An Act To Create the Rail Corridor Use Advisory Council Process
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Transportation
Fiscal Note Required: Yes
Fiscal Note
LR3235(02) - Fiscal Note - Page 1 of 1