An Act To Amend the Traffic Movement Permit Process To Incorporate a Multimodal Approach to Infrastructure Planning
Maine Legislature, Session 129, LD 1223
Committee: Transportation
Sponsors: MORALES, BRYANT, COLLINGS, KESSLER, SYLVESTER
Amends: 23 MRSA §704-A

Legislative Document
No. 1223
H.P. 884
House of Representatives, March 14, 2019
An Act To Amend the Traffic Movement Permit Process To 
Incorporate a Multimodal Approach to Infrastructure Planning
Reference to the Committee on Transportation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MORALES of South Portland.
Cosponsored by Representatives: BRYANT of Windham, COLLINGS of Portland, KESSLER 
of South Portland, McLEAN of Gorham, SYLVESTER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  23 MRSA §704-A, sub-§2, ¶¶A and B, as enacted by PL 1999, c. 468, 
§2, are amended to read:
A.  For any project that generates 100 or more passenger car equivalents at peak hour, 
the person responsible for the project is required to make adequate provision for 
traffic movement of all types into and out of the project area.  Before issuing a 
permit, the department shall determine that any traffic increase attributable to the 
proposed project will not result in unreasonable congestion or unsafe conditions on a 
road in the vicinity of the proposed project.:
(1) Determine that any traffic increase attributable to the proposed project will 
not result in unreasonable congestion or unsafe conditions on a road in the 
vicinity of the proposed project;
(2) Require all reasonable traffic mitigation measures related to the project that 
could avoid the expansion of the state highway system at the expense of the 
public;
(3) Require an analysis of all modes of transportation affected by the project and 
a design to ensure that the project balances the modes of transportation in a way 
that is appropriate to the context of the project;
(4)  Require the applicant to demonstrate how the project conforms with each 
requirement listed under section 73, subsection 3; and
(5) For any project that generates over 200 passenger car equivalents at peak 
hour, hold a public hearing and require the applicant to incorporate any 
enhancements to infrastructure for modes of transportation other than passenger 
cars that appear warranted based on the information presented at the public 
hearing.
B.  The department, together with the appropriate representative of the municipality 
or municipalities where the project is located, shall discuss with the applicant at a 
meeting, referred to in this paragraph as a "scoping meeting," the scope of impact 
evaluation required for the proposed project and the type of proceedings warranted.  
The scope of impact evaluation for the proposed project must include an analysis 
estimating the amount of traffic that will be generated by the project for all relevant 
modes of transportation as determined by the commissioner, including, but not 
limited to, traffic generated by vehicles, pedestrians, bicyclists, transit and trail use.  
The scope of impact evaluation must also provide an analysis of the project's effect 
on the quality and level of service for all modes of transportation that are planned as 
part of the project or impacted by the project.  The applicant shall provide notice to 
abutting municipalities.  If the department determines as a result of these 
communications that the applicant has demonstrated that the proposed project 
satisfies the requirements of this section, including, but not limited to, standards 
adopted for projects that generate 100 to 200 passenger car equivalents at peak hour 
and the department determines that there are no other significant traffic-related issues 
presented, the department may issue a permit to the applicant without further 
proceedings.  The department shall adopt rules establishing the submission 
requirement requirements for a scoping meeting.  Those rules must, at a minimum, 
establish 2 submission standards: one for an expedited review without further 
proceedings and one for a preliminary review with further proceedings anticipated.  
The rules must also establish the level of professional certification required by any 
submission and may not impose undue professional liability on the applicant. Rules 
adopted by the department pursuant to this paragraph must:
(1) Establish at least 2 submission standards:  one for an expedited review 
without further proceedings and one for a preliminary review with further 
proceedings anticipated;
(2) Incorporate by reference as determined by the department trip analysis 
standards and procedures from the most recent editions of authoritative works 
and publications on trip generation such as the Institute of Transportation 
Engineers Trip Generation Manual; and
(3) Establish the level of professional certification required for any submission 
and in a manner that does not impose undue professional liability on the 
applicant.
SUMMARY
This bill amends the requirements for a traffic movement permit for a project by 
requiring the Department of Transportation to require all reasonable traffic mitigation 
measures that could avoid the expansion of a roadway. This bill requires an analysis of all 
modes of transportation affected by the project and a design to ensure that the project 
does not promote one mode of transportation in a way that negatively impacts another. 
This bill also requires the department to include within the scope of impact evaluation an 
analysis estimating the amount of vehicle, pedestrian, bicycle, transit and trail use that 
could be generated by the project.