An Act to Establish the Municipal Stream Crossing Fund
Maine Legislature, Session 132, LD 1340
Sponsors: DAUGHTRY, CRAFTS
Amends: 23 MRSA §4210-H

Legislative Document
No. 1340
S.P. 555
In Senate, April 1, 2025
An Act to Establish the Municipal Stream Crossing Fund
Received by the Secretary of the Senate on March 28, 2025.  Referred to the Committee on 
Transportation pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President DAUGHTRY of Cumberland.
Cosponsored by Representative CRAFTS of Newcastle and
Senators: FARRIN of Somerset, NANGLE of Cumberland, TEPLER of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  23 MRSA §4210-H is enacted to read:
§4210-H.  Municipal Stream Crossing Fund; grant program
1.  Fund established.  The Municipal Stream Crossing Fund, referred to in this section 
as "the fund," is established within and is administered by the department to issue grants in 
accordance with this section. The fund consists of proceeds from the sale of bonds 
authorized for the purposes of the grant program established pursuant to subsection 2 and 
funds received as appropriations, allocations and contributions from public and private 
sources.  The fund must be held separate and apart from all other money, funds and 
accounts.  Interest earned by the fund must be credited to the fund.  Any unexpended 
balances remaining in the fund at the end of any fiscal year do not lapse and must be carried 
forward to the next fiscal year.
2.  Grants.  The department shall establish a competitive grant program to provide 
grants to eligible project sponsors for culvert upgrades or replacements on municipal roads.  
Eligible project sponsors include local governments, municipal conservation commissions, 
soil and water conservation districts and private nonprofit organizations.
3.  Fund proceeds; uses. The department may award grants based on the extent to 
which the proposed project allows communities to more effectively prepare for storm and 
flood events and advances the goals of restoring habitat for fish, including sea-run fish and 
native brook trout, and wildlife.  In awarding grants, the department shall consider:
A.  The priority status of the culvert to be upgraded or replaced for native brook trout 
and sea-run fish restoration, based on available stream survey data, statewide 
prioritization for aquatic connectivity and presence in priority watersheds of salmon, 
river herring and other diadromous fish;
B.  The extent to which the proposed project meets the Department of Environmental 
Protection's design standards for a stream's bankfull width, with a natural stream 
bottom or embedded structure, and meets or exceeds the department's 50-year 
floodplain standard;
C.  The degree of urgency of the proposed project, including whether a culvert is at 
high risk of failure due to age or location within a watershed or reach with high flood 
risk or severe flood history;
D.  The expected contribution to reducing the frequency or severity of flooding to 
upstream and downstream communities and improving storm water management 
within the proposed project area; and
E.  The extent to which the proposed project represents an efficient and cost-effective 
investment, including the proportion of total project funding provided from other 
sources and the potential avoided costs associated with the proposed project.
4.  Grant proceeds; prohibited uses.  Grants awarded under subsection 3 may not be 
used:
A.   To cover all of the costs associated with a proposed project; or
B.  For a culvert upgrade or replacement on a state road or private road.
5.  Rules.  The department shall adopt rules to implement this section.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
SUMMARY
This bill establishes the Municipal Stream Crossing Fund within the Department of 
Transportation to provide grants for culvert upgrades or replacements on municipal roads 
to eligible project sponsors, including local governments, municipal conservation 
commissions, soil and water conservation districts and private nonprofit organizations.  The 
fund may accept funds from bonds, appropriations, allocations and contributions from other 
public and private sources. The department may award grants based on the extent to which 
the proposed project allows communities to more effectively prepare for storm and flood 
events and advances the goals of restoring habitat for fish, including sea-run fish and native 
brook trout, and wildlife. The bill also includes criteria to be used in evaluating the award 
of grants for proposed projects.