An Act To Coordinate Marine Port Development
Maine Legislature, Session 130, LD 1796
Committee: Transportation
Sponsors: MARTIN, FARRIN
Amends: 23 MRSA §4420, 23 MRSA §4423, 23 MRSA §4428, 23 MRSA §4429, 23 MRSA §4430, 23 MRSA §4431

Legislative Document
No. 1796
H.P. 1337
House of Representatives, December 9, 2021
An Act To Coordinate Marine Port Development
Submitted by the Department of Transportation pursuant to Joint Rule 203.
Received by the Clerk of the House on December 7, 2021.  Referred to the Committee on 
Transportation pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MARTIN of Sinclair.
Cosponsored by Senator FARRIN of Somerset.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  23 MRSA §4420, first ¶, as amended by PL 1999, c. 753, §4, is further 
amended to read:
The Maine Port Authority, as established by Title 5, section 12004‑F, subsection 8, is 
a body both corporate and politic in the State established for the general purpose of 
acquiring, financing, constructing and operating any kind of marine port terminal facility 
and railroad facility that directly supports marine port operations within the State in 
coordination with the Department of Transportation with all the rights, privileges and 
power powers necessary. Oil pipelines and other oil off-loading facilities are limited to sites 
in Portland and Searsport harbors.
Sec. 2.  23 MRSA §4423, sub-§3, as amended by PL 1993, c. 649, Pt. J, §3, is 
further amended to read:
3.  Money received.  All money received from any bonds issued must be applied solely 
for the establishment, acquisition or effectuation of marine port terminal facilities, railroad 
facilities that directly support marine port operations and things incidental thereto to those 
facilities, for the construction of proposed facilities, improvement of existing or acquired 
facilities and the fulfillment of other undertakings that are within the power of the authority. 
There is created a lien upon the money until so applied in favor of the bondholders or any 
trustee as may be provided in respect of the bonds.
Sec. 3.  23 MRSA §4428, as enacted by PL 1997, c. 643, Pt. AA, §2, is amended to 
read:
§4428.  Statewide transportation infrastructure strategy Funds received to support 
marine port linkages
Notwithstanding any other provision of this subchapter, funds repaid paid to the Maine 
Port Authority as a result of state investments or loans for the redevelopment development 
of Mack Point must marine port terminal facilities may be used by the Maine Port 
Authority, in cooperation with the Department of Transportation, to undertake projects that 
link the State's marine ports and rail systems with the transportation infrastructure 
throughout the State to freight networks within the State.
Sec. 4.  23 MRSA §4429, as enacted by PL 2001, c. 439, Pt. LLLL, §1, is amended 
to read:
§4429.  Marketing program
The Maine Port Terminal Facilities Marketing Program is established to encourage and 
promote business opportunities for Eastport's marine port terminal facility facilities 
developed by the Maine Port Authority or the Department of Transportation.  The Maine 
Port Authority shall develop and implement the marketing program.  The authority may 
enter into agreements or cooperative arrangements with any person or entity for the purpose 
of increasing the use of Eastport's marine port terminal facility facilities developed by the 
Maine Port Authority or the Department of Transportation.  The authority may receive, 
administer and disburse funds, either independently or in conjunction with state funds 
allocated for the purpose, provided that as long as funds so contributed must be are used 
only for the purpose of marketing and economic development programs.
Sec. 5.  23 MRSA §4430, sub-§1, as enacted by PL 2007, c. 134, §5, is amended to 
read:
1.  Employees; executive director.  The board of directors of the Maine Port Authority 
may, with the approval of the Commissioner of Transportation, shall hire an executive 
director and set the compensation, fringe benefits and term and determine all other 
significant employment provisions regarding the executive director. The board may 
authorize the executive director to hire other employees as the board considers necessary 
or desirable to fulfill its purposes, if the board approves the compensation, fringe benefits 
and terms and determines all other significant provisions regarding those employees.  The 
board may also contract authorize the executive director to competitively procure contracts 
for the services of assistants, port operations, capital planning services, engineers, 
construction contractors, marketing services, finance and accounting services, attorneys, 
experts, inspectors and other consultants as the board considers or services necessary or 
desirable for to fulfill its purposes.
Sec. 6.  23 MRSA §4431 is enacted to read:
§4431.  Report to Legislature; departmental review of certain fiscal items
1.  Annual report.  Beginning January 1, 2023, on an annual basis, the Maine Port 
Authority shall present a report of the authority's activities for the preceding fiscal year, 
including a report of its receipts and expenditures from all sources and a description of 
progress toward its strategic goals, to the Legislative Council and send copies to the joint 
standing committee of the Legislature having jurisdiction over transportation matters and 
to the Commissioner of Transportation. 
2.  Budget and fiscal items affecting department.  Beginning May 1, 2023, on an 
annual basis, the executive director shall present the portions of the operating budget, the 
capital plans and all other fiscal items of the Maine Port Authority that affect the budgets, 
capital planning or work plans of the Department of Transportation for the next fiscal year 
to the Commissioner of Transportation for approval. The Maine Port Authority may make 
expenditures regarding such items only in accordance with allocations approved annually 
by the commissioner or in accordance with changes approved by the commissioner or the 
commissioner's designee.
SUMMARY
This bill makes the following changes to the laws governing marine port terminal 
facility development.
1. It limits the actions of the Maine Port Authority and the use of the proceeds of bonds 
issued by the Maine Port Authority to those actions and uses pertaining to marine port 
terminal facilities and railroad facilities that directly support marine port operations.
2. It expands the sources of funds that may be used to undertake projects that link 
marine port terminal facilities to freight networks within the State.
3. It expands the scope of the Maine Port Terminal Facilities Marketing Program.
4. It requires the Maine Port Authority to hire an executive director and authorizes the 
executive director to hire certain other employees.
5. It requires the Maine Port Authority to submit an annual report to the Legislature.
6. It requires the Maine Port Authority to submit certain fiscal matters to the 
Department of Transportation for approval.