An Act to Establish a Statewide Transportation Project Selection
Maine Legislature, Session 132, LD 1756
Committee: Transportation
Sponsors: LEE
Amends: 5 MRSA §12004-I, 23 MRSA §4209-B, 23 MRSA §1961

Legislative Document
No. 1756
H.P. 1174
House of Representatives, April 22, 2025
An Act to Establish a Statewide Transportation Project Selection 
Prioritization Process
Reference to the Committee on Transportation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative LEE of Auburn.
Cosponsored by Representatives: CARLOW of Buxton, EATON of Deer Isle, GERE of 
Kennebunkport, MONTELL of Gardiner, RAY of Lincolnville, SATO of Gorham, TERRY of 
Gorham, Senator: BENNETT of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-I, sub-§82-B is enacted to read:
82-B.   
Transportation: 
Project 
Selection
Transportation Project Selection Council Not Authorized
MRSA 
§4209-B
Sec. 2.  23 MRSA §1961, sub-§5, as enacted by IB 1991, c. 1, §3, is amended to 
read:
5.  Transportation policy.  Transportation planning decisions, capital investment 
decisions and project decisions of the Maine Turnpike Authority are governed by and must 
comply with the transportation policy set forth in section 73 and rules implementing that 
policy and must take into consideration the statewide transportation project selection 
prioritization process as provided in section 4209-B.
Sec. 3.  23 MRSA §4209-B is enacted to read:
§4209-B.  Transportation Project Selection Council
1.  Council established.  The Transportation Project Selection Council, referred to in 
this section as "the council," is established in accordance with Title 5, section 12004-I, 
subsection 82-B to develop and manage a statewide transportation project selection 
prioritization process, referred to in this section as "the prioritization process."  The council 
includes, but is not limited to, the following members:
A.  The commissioner or the commissioner's designee; and
B.  The following individuals appointed by the commissioner:
(1) One representative each from the federally designated planning organizations 
for the Bangor, Kittery, Lewiston and Auburn and Portland regions;
(2) One representative representing transportation interests in Aroostook County;
(3) One representative of a statewide association of planning and development 
agencies;
(4) One representative of an economic development organization;
(5) One representative of an organization representing persons with low incomes;
(6) One representative of an organization from one of the State's immigrant 
communities;
(7) One representative of a statewide environmental organization;
(8) One transportation engineer;
(9) One representative of an organization representing persons with disabilities;
(10) Two representatives of transit agencies, one of whom represents an urban 
agency and one of whom represents a rural agency;
(11) One representative of a statewide transportation organization;
(12) One representative of the Maine Turnpike Authority; and
(13) One representative of organized labor that works on transportation issues in 
the State.
In making appointments, the commissioner shall ensure that rural and urban areas are 
represented.
2.  Terms; vacancies; chair; vice-chair.  A member of the council appointed pursuant 
to subsection 1, paragraph B serves for a term of 3 years.  If a member is unable to complete 
the term, the commissioner shall appoint a member from the same category of members 
listed in subsection 1, paragraph B as the member who vacated the council to serve out the 
unexpired portion of the term.  The council shall annually elect a chair and vice-chair from 
among its members, each of whom serves a term of one year.
3.  Council duties; prioritization process.  The council shall:
A.  Advise the department and the Maine Turnpike Authority on the development of a 
prioritization process for projects administered in accordance with federal 
transportation requirements and, in cooperation with municipalities, counties and other 
planning organizations within the State, for the use of funds allocated to the department 
and the Maine Turnpike Authority.  The prioritization process must:
(1) Be used for the development of any plan for a project created by the department 
or the Maine Turnpike Authority; and
(2) Take into consideration, at a minimum, highway, transit, rail, roadway, active 
transportation and technology operational improvements and transportation 
demand management strategies;
B.  Prior to the analysis in subsection 4, review transportation projects and strategies 
to determine whether projects are consistent with the assessment of capacity needs 
outlined in the department's or the Maine Turnpike Authority's long-range 
transportation plans;
C.  Weigh key goals under subsection 4 for each of the State's federally designated 
planning organization regions.  For purposes of this paragraph, the council may assign 
different weights to each key goal, within each region, based on the unique needs and 
characteristics of the region;
D.  Solicit input from municipalities, counties and other planning organizations, transit 
operators, environmental groups, active transportation groups, economic development 
groups and other stakeholders in the development of the prioritization process.  The 
council shall hold at least 3 public meetings annually for public input on the 
prioritization process.  The council may hold meetings using an electronic platform, 
except that the council must hold at least one meeting annually in person.  Public 
comment must be accepted by the council prior to the publication of any draft 
prioritization process and prior to any final prioritization process; and
E.  Make public, in an accessible format updated at least annually, a report with the 
results of the review under paragraph B and analysis under subsection 4 of proposed 
projects, including how the weight of key goals was applied in accordance with 
paragraph C.
4.  Prioritization process requirements.  The prioritization process must be based on 
an objective and quantifiable analysis factoring public input of projects proposed for 
funding using the State's key goals listed in long-range transportation plans.  Key goals 
include, but are not limited to:
A. Safe travel with priority on avoiding crashes that cause death or serious injury and 
protecting vulnerable users;
B.  A well-managed transportation system measured by reliability and system 
condition;
C.  A vibrant economy and world-class quality of life measured by economic impact 
analysis, including the health and vibrancy of the State's downtowns and villages;
D.  Environmentally sustainable transportation systems measured by greenhouse gas 
emissions from the transportation systems and effects on lands and waters, including, 
but not limited to, storm water runoff and heat island effects; and
E.  Equitable access measured by consideration of access to jobs and essential services, 
particularly for low-income households.  Accessibility must be measured using a peer-
reviewed, data-informed tool.
5.  Exclusions.  The prioritization process may not apply to:
A.  Projects in which funding is related to in-kind repair or replacement of existing 
traffic control devices or asset management, including, but not limited to, bridge 
rehabilitation, bridge-only bridge replacement projects, pavement repair or 
replacement and guardrail repair or replacement; and
B.  Projects that replace bicycle and pedestrian facilities, including, but not limited to, 
sidewalks, shared-use paths or bicycle lanes.  Projects under this paragraph must have 
their designs upgraded from substandard to standard unless other funds are leveraged 
for the bicycle and pedestrian components.
6.  Report.  The council shall report on the prioritization process, including a list of all 
scores and rankings and include the required report under section 3, paragraph E by January 
15th of each year to the Governor and the joint standing committee of the Legislature 
having jurisdiction over transportation matters.
Sec. 4.  Selection of projects.  Beginning July 1, 2026, the Transportation Project 
Selection Council, established in the Maine Revised Statutes, Title 5, section 12004-I, 
subsection 82-B shall select projects for funding pursuant to the statewide transportation 
project selection prioritization process under Title 23, section 4209-B.
Sec. 5.  Staggered terms.  Notwithstanding the Maine Revised Statutes, Title 23, 
section 4209-B, subsection 2, members initially appointed by the Commissioner of 
Transportation to the Transportation Project Selection Council pursuant to this Act are 
appointed to staggered terms, with 4 members appointed for 2-year terms, 5 members 
appointed for 3-year terms and 5 members appointed for 4-year terms.
SUMMARY
This bill establishes the Transportation Project Selection Council to develop and 
manage a statewide project selection prioritization process.  The council is directed to:
1.  Advise the Department of Transportation and the Maine Turnpike Authority on the 
development of the prioritization process, in accordance with federal transportation 
requirements, and in cooperation with municipalities, counties and other planning 
organizations within the State;
2.  Review projects and strategies to determine whether projects are consistent with 
assessment of capacity needs outlined in the department's or the authority's long-range 
transportation plans;
3.  Weigh key goals for each of the State's federally designated planning organization 
regions; and
4.  Solicit input from municipalities, counties and other planning organizations, transit 
operators, environmental groups, active transportation groups, economic development 
groups and other stakeholders in the development of the prioritization process.
The council is required to report annually on the prioritization process to the Governor 
and the joint standing committee of the Legislature having jurisdiction over transportation 
matters.