Resolve, Directing the Department of Transportation to Solicit
Maine Legislature, Session 132, LD 1612
Sponsors: GOLEK

Legislative Document
No. 1612
H.P. 1066
House of Representatives, April 15, 2025
Resolve, Directing the Department of Transportation to Solicit 
Proposals for the Utilization of Unused State-owned Railroad Lines
Received by the Clerk of the House on April 11, 2025.  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 GOLEK of Harpswell.
Cosponsored by Representatives: BOYER of Poland, EATON of Deer Isle, HYMES of Waldo, 
MONTELL of Gardiner, SARGENT of York, SHAGOURY of Hallowell, Senators: CURRY 
of Waldo, LIBBY of Cumberland.
Sec. 1.  Definitions. Resolved:  That, for the purposes of this resolve, the following 
terms have the following meanings.
1. "Department" means the Department of Transportation.
2. "Proposal" means a formal submission in response to a request for proposals issued 
by the department.
3. "Request for proposals" means a formal solicitation issued by the department 
inviting proposals from interested parties to utilize unused railroad lines in accordance with 
the objectives of this resolve.
4. "Unused railroad lines" means railroad infrastructure owned by the State, including 
rights-of-way, tracks, track appurtenances, ties, bridges and other associated structures, that 
is not currently in active use for freight or passenger rail operations.
5. "Use agreement" means a binding agreement between the department and a selected 
proposer outlining the terms and conditions for activities on the unused railroad line.
Sec. 2.  Department responsibilities. Resolved:  That the department shall:
1. Develop and issue a request for proposals for each unused railroad line no later than 
days after the effective date of this resolve;
2. Evaluate proposals based on criteria outlined in the requests for proposals and select 
proposals that best meet the objectives of this resolve and the State Railroad Preservation 
and Assistance Act and the laws governing railroad lines in the Maine Revised Statutes, 
Title 23, chapter 615;
3. Allow proposals to include traditional rail services as well as innovative uses for 
recreational or commercial activities, as long as they do not preclude the preservation of 
rights-of-way for future freight or passenger rail purposes in accordance with the State 
Railroad Preservation and Assistance Act and the laws governing railroad lines in Title 23, 
chapter 615; and
4. Ensure that all proposals and use agreements comply with state and local laws, rules, 
ordinances and regulations, including applicable environmental and safety requirements.
Sec. 3.  Request for proposals process and criteria. Resolved:  That:
1. Each request for proposals must include:
A. A description of the unused railroad line and its current condition;
B. Guidelines for proposal submission, including deadlines, evaluation criteria and 
other relevant requirements; and
C. An invitation for proposals that may include, but are not limited to, freight or 
passenger rail services, railbike tours, speeder excursions that use small railway motor 
cars and other creative recreational or commercial applications that align with the 
State's economic and environmental goals;
2. Proposals must be evaluated based on criteria that may include:
A. Financial feasibility and potential economic benefits to the State;
B. Consistency with environmental and community development objectives; and
C. A proposer's qualifications and ability to execute the proposed project; and
3. The department shall submit a report to the joint standing committee of the 
Legislature having jurisdiction over transportation matters detailing the results of the 
request for proposals process within 90 days after the submission deadline.
Sec. 4.  Use agreements and negotiations. Resolved:  That the department shall 
enter into negotiations with the proposer whose proposal is selected for each unused 
railroad line to finalize a use agreement outlining the terms and conditions of the proposed 
activities on that specific railroad line.
1. The negotiations must include, but are not limited to, provisions addressing track 
rehabilitation and maintenance responsibilities, safety requirements, insurance, 
environmental compliance and financial arrangements.
2. The department shall finalize and execute a use agreement no later than 90 days after 
selecting a proposal for each unused railroad line.
3. The use agreement becomes effective on the date specified in the agreement, 
ensuring that all terms are met and conditions are established for the timely commencement 
of operations or activities on each unused railroad line.
Sec. 5.  Proposal acceptance and coexisting uses. Resolved:  That the 
department may accept multiple proposals for a single unused railroad line if the proposals 
address different sections of the line or can coexist in a mutually agreeable manner.  Each 
accepted proposal may operate under its own use agreement with terms that do not conflict 
with other agreements.  If a request for proposals with respect to an unused railroad line 
does not receive a proposal determined suitable by the department, the department may 
retain control of the unused railroad line and continue to seek alternative proposals through 
subsequent requests for proposals.
Sec. 6.  Rule-making authority. Resolved:  That the department may adopt rules 
to implement the provisions of this resolve. Rules adopted under this section are routine 
technical rules under the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 7.  Compliance with local policies and regulations. Resolved:  That 
proposals for the use of any unused railroad line must comply with applicable local and 
regional policies, including but not limited to Portland Water District regulations for 
portions of railroad lines that traverse protected areas. The department shall include these 
requirements in the requests for proposals to ensure adherence to local environmental and 
safety standards.
SUMMARY
This resolve requires the Department of Transportation to develop and issue requests 
for proposals for each unused railroad line owned by the State no later than 180 days after 
the effective date of this resolve.  The department must evaluate proposals based on criteria 
outlined in the requests for proposals, which may include financial feasibility and potential 
economic benefits to the State, consistency with environmental and community 
development objectives and a proposer's qualifications and ability to execute the proposed 
project.  The department must allow proposals to include traditional rail services as well as 
innovative uses for recreational or commercial activities as long as they do not preclude 
the preservation of rights-of-way for future freight or passenger rail purposes in accordance 
with the State Railroad Preservation and Assistance Act.  The department must submit a 
report to the joint standing committee of the Legislature having jurisdiction over 
transportation matters detailing the results of the request for proposals process within 90 
days after the submission deadline.