Resolve, Directing the Joint Standing Committee on Transportation To Study Transportation Funding Reform
Maine Legislature, Session 129, LD 1435
Committee: Transportation
Sponsors: McLEAN

Legislative Document
No. 1435
H.P. 1045
House of Representatives, March 28, 2019
Resolve, Directing the Joint Standing Committee on Transportation 
To Study Transportation Funding Reform
(EMERGENCY)
Reference to the Committee on Transportation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McLEAN of Gorham.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, adequate, sustainable and predictable transportation funding is critical to 
the safety and economic well-being of all Maine citizens; and
Whereas, funding for transportation infrastructure in Maine and the nation is 
seriously deficient; and
Whereas, the shortfall of funding related to Maine's state highway and bridge 
system is at least $168,000,000 per year, without consideration of general obligation 
bonding; and
Whereas, the shortfall of capital funding related to Maine's multimodal system of 
ports, rail and other modes of transportation is substantial; and
Whereas, general obligation bonding levels are unpredictable due to the current 
short-term focus of the process that determines bonding levels and priorities, a process 
that usually takes place late in a legislative session after finalization of the General Fund 
budget, if at all; and
Whereas, higher fuel efficiency of vehicles and alternative fuel vehicles continue to 
erode the funding provided by per gallon fuel taxes and increase the inequity among 
drivers in terms of the fee paid per mile for use of the highway and bridge system; and
Whereas, fuel prices are relatively low but surely will rise in the years ahead; and
Whereas, approximately 30,000,000 people visit Maine each year, a state with a 
year-round population of about 1,300,000 people, and the capacity and a significant 
portion of the cost of Maine's transportation system are driven by seasonal traffic 
volumes; and
Whereas, through years of capital planning, prioritization and efficiency initiatives, 
the Department of Transportation has proven that it uses funding efficiently and 
effectively; and
Whereas, although federal transportation funding levels have been established for 
the next 5 years, these funding levels will not solve Maine's transportation funding 
problems and additional federal funding solutions are unlikely; and
Whereas, other states are finding transportation funding solutions and the State has 
an obligation to all its citizens to seek solutions now; and
Whereas, the Joint Standing Committee on Transportation is charged with 
analyzing options and recommending legislation and is best equipped to study these 
issues and find ways to reform and supplement transportation funding in Maine; and
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1.  Study.  Resolved:  That the Joint Standing Committee on Transportation, 
referred to in this resolve as "the committee," shall study how to reform and adequately 
supplement funding for the State's transportation infrastructure to promote equity, 
sustainability and predictability in a manner that allows the State to responsibly provide a 
safe and reliable state transportation system.
Sec. 2.  Convening of committee.  Resolved:  That the chairs of the committee 
shall call and convene the first meeting of the committee for the purposes of this resolve 
no later than 30 days following the effective date of this resolve.
Sec. 3.  Meetings.  Resolved:  That the committee may meet for the purposes of 
this resolve only when the Legislature is not in regular or special session.  The committee 
may meet up to 4 times to accomplish its duties under section 4.  At least 2 meetings must 
allow public comment.
Sec. 4.  Duties. Resolved:  That the committee shall focus on funding the state 
highway and bridge system, but shall also consider capital funding through the issuance 
of bonds for multimodal infrastructure.  The committee shall:
1. Identify mechanisms that will increase the predictability of general obligation 
bonding levels for capital planning at the Department of Transportation for the state 
highway and bridge system and multimodal infrastructure for the next 10 years;
2. Consult with the Secretary of State to identify mechanisms to address the erosion 
of Highway Fund receipts and the rising inequity among drivers caused by higher 
automobile fuel efficiency and alternative fuel vehicles, such as adding a registration fee 
surcharge on hybrid, electric or other alternative fuel passenger automobiles or a 
voluntary so-called vehicle miles traveled pilot program for passenger automobiles;
3. Consult with the Secretary of State to consider adjustments to motor vehicle fees 
that will align these fees with regional averages;
4. Consider dedicating a portion of sales tax receipts from transportation-related sales 
to transportation infrastructure;
5. Consider adding a wholesale fuel tax component, including options that would 
reduce baseline per gallon fuel tax rates;
6. Consider adjusting fuel tax rates, including a pump-price surcharge that is 
eliminated as fuel prices increase, or a reduction of the year-round baseline gasoline tax 
rates and the addition of a seasonal gasoline tax surcharge; and
7. Invite knowledgeable stakeholders to provide written and oral comments on draft 
recommendations of the committee.  Knowledgeable stakeholders must include 
representatives from the American Council of Engineering Companies of Maine, the 
Maine Section of the American Society of Civil Engineers, the Associated General 
Contractors of Maine, the Maine Automobile Dealers Association, the Maine Better 
Transportation Association, the Maine State Chamber of Commerce, the Mayors' 
Coalition on Jobs and Economic Development, the Maine Motor Transport Association, 
the Maine Municipal Association, the Maine Service Center Coalition, the Maine 
Tourism Association and the Maine Turnpike Authority.
Sec. 5.  Cooperation.  Resolved:  That the Commissioner of Transportation shall 
provide information and data to the committee as necessary for its work.
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the committee.
Sec. 7.  Report.  Resolved:  That, no later than December 4, 2019, the committee 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Second Regular Session of the 129th Legislature.  The 
committee may submit legislation to the Second Regular Session of the 129th Legislature 
related to the report.
Sec. 8.  Funding. Resolved:  That the costs of the study must be provided from the 
Highway Fund by appropriate appropriation or allocation.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This resolve directs the Joint Standing Committee on Transportation to study how to 
reform and adequately supplement funding for the State's transportation infrastructure to 
promote equity, sustainability and predictability in a manner that allows the State to 
responsibly provide a safe and reliable transportation system.  The committee is 
authorized to meet for this purpose up to 4 times when the Legislature is not in session, 
and the committee's report must be submitted by December 4, 2019.  The committee may 
submit legislation to the Second Regular Session of the 129th Legislature relating to the 
subject matter of the report.