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Title 23 - §1501. Matching federal funds

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 1: GENERAL PROVISIONS

§1501. Matching federal funds

Upon application of the municipal officers of any municipality, the Department of Transportation may permit, subject to the statutes governing the allocation of highway funds to municipalities and the expenditure of same, such municipality to expend highway funds made available by the State to such municipality to match federal funds in the sponsoring of work projects for the improvement and construction of ways and bridges in such municipality. Nothing in this section shall be construed as authorizing the department or the municipal officers of any municipality to ignore or disregard an express authorization from the Legislature in regard to the use of any funds for any expressly designated purpose. [1971, c. 593, § 22 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
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Title 23 - §1502. Anticipation of expenditure by towns (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 1: GENERAL PROVISIONS

§1502. Anticipation of expenditure by towns (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C22 (RP ).
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Title 23 - §1503. -- approval of bills by controller (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 1: GENERAL PROVISIONS

§1503. -- approval of bills by controller (REPEALED)

Section History:
PL 1981,
Ch. 492,
§C23 (RP ).
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Title 23 - §1551. Establishment; membership; compensation (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 2: ECONOMIC ADVISORY BOARD

§1551. Establishment; membership; compensation (REPEALED)

Section History:
PL 1971,
Ch. 593,
§11 (RP ).
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Title 23 - §1552. Issuance of bonds; duty of board (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 2: ECONOMIC ADVISORY BOARD

§1552. Issuance of bonds; duty of board (REPEALED)

Section History:
PL 1971,
Ch. 593,
§11 (RP ).
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Title 23 - §1553. Issuance of bonds (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 2-A: BOND ISSUANCE

§1553. Issuance of bonds (REPEALED)

Section History:
PL 1971,
Ch. 593,
§11-A (NEW).
PL 1973,
Ch. 537,
§27 (RP ).
PL 1973,
Ch. 625,
§133 (RP ).
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Title 23 - §1601. Expenditure of proceeds; appropriation

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 3: BONDS

§1601. Expenditure of proceeds; appropriation

The Treasurer of State by direction of the Governor shall negotiate the sale of all state highway bonds and state highway and bridge bonds. None of such bonds shall be sold for less than par value, nor shall any such bond be loaned, pledged or hypothecated in behalf of the State. The proceeds of the sales of such bonds shall be held by the Treasurer of State and paid by him upon proper warrants drawn for the purposes of chapters 1 to 19. The department shall apportion the money raised from the sale of state highway and state highway and bridge bonds in such manner as will carry into effect the several Acts authorizing such bond issues and conform to the Constitution and chapters 1 to 19. [1975, c. 771, § 255 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1975,
Ch. 771,
§255 (AMD).
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Title 23 - §1602. Appeal to Governor and Council on disagreement of commission (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 3: BONDS

§1602. Appeal to Governor and Council on disagreement of commission (REPEALED)

Section History:
PL 1973,
Ch. 537,
§28 (RP ).
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Title 23 - §1603. Bond proceeds not for compact parts of town; exception

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 3: BONDS

§1603. Bond proceeds not for compact parts of town; exception

No funds for construction derived from any bond issue shall be expended on any highway within compact portions of any town, except in towns of less than 5,000 inhabitants, such compact portions to be determined by the department. This section shall not apply when funds derived from any bond issue are used to match federal funds for highway and bridge projects constructed within such compact sections. [1971, c. 593, § 22 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
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Title 23 - §1651. Definition

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 4: GENERAL HIGHWAY FUND

§1651. Definition

To provide funds for the construction of state, state aid and town ways, for the maintenance of state and state aid highways, and interstate, intrastate and international bridges, and for other items of expenditure specified, there is established a fund to be known as the General Highway Fund. This fund shall include all fees received from the registration of motor vehicles and licensing of operators thereof, all fees accruing to the Treasurer of State under Title 25, section 1502, the receipts from the tax on internal combustion engine fuels, and all sums received on account of the department for permits to open highways, or from other sources, the disposition of which is not otherwise designated by law. After payment from said General Highway Fund of such sums for interest and retirement as are necessary to meet the provisions of bond issues for state highway and bridge construction, the remainder of said fund shall be segregated, apportioned and expended as provided by the Legislature. [1971, c. 593, § 22 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
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Title 23 - §1652. Unexpended balances nonlapsing, nontransferable

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 4: GENERAL HIGHWAY FUND

§1652. Unexpended balances nonlapsing, nontransferable

Such unexpended balances of the General Highway Fund as have been set up for general construction and maintenance of highways and bridges shall be deemed nonlapsing carrying accounts. All other unexpended balances shall lapse into the General Highway Fund at the end of each fiscal period, but shall not lapse or be transferred to the General Fund in the Treasury. div>
Any balance of any allocation or subdivision of an allocation from the Highway Fund made by the Legislature for any department or agency, which at any time may not be required for the purposes named in that allocation or subdivision, may be transferred at any time prior to the closing of the books, to any other allocation or subdivision of an allocation from the Highway Fund made by the Legislature for the same fiscal year subject to review by the joint standing committee of the Legislature having jurisdiction over transportation. Financial orders describing these transfers shall be submitted by the Bureau of the Budget to the Office of Fiscal and Program Review 30 days before the transfer is to be implemented. [1985, c. 737, Pt. B, § 20 (amd).]

Section History:
PL 1975,
Ch. 771,
§256 (AMD).
PL 1983,
Ch. 457,
§2 (AMD).
PL 1985,
Ch. 737,
§B20 (AMD).
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Title 23 - §1653. Limitation on use of fund

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 4: GENERAL HIGHWAY FUND

§1653. Limitation on use of fund

All revenue received by the State from the registration of motor vehicles and the licensing of operators thereof, from the tax imposed on internal combustion engine fuel, from fines, forfeitures and costs accruing to the State under Title 29-A, section 2602, and from permits granted by the department to open highways must be segregated, allocated to and become part of the General Highway Fund created and existing by statute, and after payment and deduction from such fund of such sums as are necessary to meet all provisions of bond issues for state highway and bridge construction, the remainder of such fund must be apportioned and expended solely: [1995, c. 65, Pt. A, §62 (amd); §153 (aff); Pt. C, §15 (aff).]

1. Registration and licensing. For the cost of registering motor vehicles and licensing the operators thereof;

2. State police. For maintenance of the State Police;

3. Administration of office. For administration of the office and duties of the department; [1971, c. 593, § 22 (amd).]

4. Administration of fuel tax. For administration of the tax on internal combustion engine fuel;

5. Rebates. For payment of rebates on said tax;

6. Highways and bridges. For the improvement, construction and maintenance of highways and bridges;

7. Snow guards. For snow guards or removal as provided by statute.
div>
Neither the General Highway Fund, nor any fund derived from direct taxation imposed for highway construction, bridge construction or the improvement and maintenance thereof, shall be diverted or expended, permanently, for any other purpose than set forth in this section, except that funds so segregated may be used for other appropriations but only those for which anticipated income has not been received and for which financial provision has been made by the Legislature and is forthcoming. The Treasurer of State is directed and authorized to reimburse the General Highway Fund by a deposit of the funds received from such aforesaid appropriations, the receipt of which has been anticipated, to the extent of the amounts temporarily diverted therefrom. Such deposits shall be made as soon as such revenues are collected. [1971, c. 593, § 22 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1995,
Ch. 65,
§A153,C15 (AFF).
PL 1995,
Ch. 65,
§A62 (AMD).
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Title 23 - §1654. Transfers from unallocated highway fund surplus

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 4: GENERAL HIGHWAY FUND

§1654. Transfers from unallocated highway fund surplus

The Governor may allocate from the unallocated highway fund surplus account amounts not to exceed in total the sum of $1,000,000 in any 2-year budget period. [1983 c. 457, § 3 (new).] div>
Funds may be allocated from the account to meet any emergency expense necessarily incurred under any requirement of law or to pay expenses arising out of an emergency requiring an expenditure of money not provided by the Legislature. The Governor shall determine the necessity for these allocations upon consultation with the Commissioner of Transportation and the State Budget Officer. [1983, c. 457, § 3 (new).] div>
All such allocations from the highway fund surplus account shall be supported by a statement of facts setting forth the necessity for the allocation. A copy of each order for an allocation, together with the statement of facts, shall be provided to the Office of Fiscal and Program Review, President of the Senate and Speaker of the House of Representatives when the allocation is made. [1985, c. 737, Pt. B, § 21 (amd).] div>
The State Controller shall include in his official annual financial report at the close of each fiscal year a statement showing all transfers made from the highway fund surplus account for the fiscal period. [1983, c. 457, § 3 (new).]

Section History:
PL 1983,
Ch. 457,
§3 (NEW).
PL 1985,
Ch. 737,
§B21 (AMD).
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Title 23 - §1655. Building Renovations Account

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 4: GENERAL HIGHWAY FUND

§1655. Building Renovations Account

1. Account established. The Building Renovations Account, referred to in this section as the "account," is established in the Highway Fund within the department. The purpose of the account is to maintain temporary control and accountability over the receipt of funds through allocations, transfers or from other various sources that are earmarked for the building renovation project at the Department of Transportation main facility in the Capitol Complex. [2001, c. 83, Pt. D, §1 (new).]

2. Nonlapsing account. Any unexpended money remaining in the account at the end of a fiscal year may not lapse but must be carried forward. [2001, c. 83, Pt. D, §1 (new).]

3. Transfer authority. The commissioner or the Commissioner of Administrative and Financial Services may transfer funds from the account within the Department of Transportation to the Capital Construction and Improvement Reserve Fund, established in Title 5, section 1742-F, subsection 1 within the Department of Administrative and Financial Services, Bureau of General Services. Funds may be transferred and allotted by financial order upon recommendation of the State Budget Officer and approval of the Governor to be used toward the expenditures of the building renovation project. [2001, c. 83, Pt. D, §1 (new).]

Section History:
PL 2001,
Ch. 83,
§D1 (NEW).
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Title 23 - §1701. Purpose (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 5: TOWN ROAD IMPROVEMENT FUND

§1701. Purpose (REPEALED)

Section History:
PL 1981,
Ch. 492,
§C24 (RP ).
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Title 23 - §1702. Definitions (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 5: TOWN ROAD IMPROVEMENT FUND

§1702. Definitions (REPEALED)

Section History:
PL 1981,
Ch. 492,
§C24 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
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Title 23 - §1703. Establishment of fund (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 5: TOWN ROAD IMPROVEMENT FUND

§1703. Establishment of fund (REPEALED)

Section History:
PL 1981,
Ch. 492,
§C24 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
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Title 23 - §1704. Receipt of funds by towns (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 5: TOWN ROAD IMPROVEMENT FUND

§1704. Receipt of funds by towns (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C24 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
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Title 23 - §1705. Expenditures (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 5: TOWN ROAD IMPROVEMENT FUND

§1705. Expenditures (REPEALED)

Section History:
PL 1965,
Ch. 35,
§ (AMD).
PL 1973,
Ch. 168,
§ (AMD).
PL 1975,
Ch. 149,
§ (AMD).
PL 1977,
Ch. 242,
§ (AMD).
PL 1981,
Ch. 492,
§C24 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1706. Limitation on use (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 5: TOWN ROAD IMPROVEMENT FUND

§1706. Limitation on use (REPEALED)

Section History:
PL 1981,
Ch. 492,
§C24 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
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Title 23 - §1707. Combined use of state aid and Town Road Improvement Funds (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 5: TOWN ROAD IMPROVEMENT FUND

§1707. Combined use of state aid and Town Road Improvement Funds (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1975,
Ch. 745,
§3,4 (AMD).
PL 1981,
Ch. 492,
§C24 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1710. Establishment and administration (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 5-A: COLLECTOR ROAD IMPROVEMENT FUND (HEADING: PL 1995, c. 498, Pt. B, @1 (new))

§1710. Establishment and administration (REPEALED)

Section History:
PL 1995,
Ch. 498,
§B1 (NEW).
PL 1995,
Ch. 498,
§B3 (AFF).
PL 2005,
Ch. 405,
§C1 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1801. Findings and purpose

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 6: LOCAL ROAD ASSISTANCE PROGRAM

§1801. Findings and purpose

Municipal transportation assistance funds must be targeted to the capital needs of rural roads and highways and must also reflect urban maintenance responsibilities on state and state aid roadways. [1999, c. 473, Pt. D, §1 (rpr).] div>
Municipal transportation assistance funds must be adjusted according to increases or decreases in Highway Fund resources available for transportation. [1999, c. 473, Pt. D, §1 (rpr).] div>
Responsibility for decisions regarding maintenance and improvement of roads must follow the principle that roads that primarily serve regional or statewide needs must be the State's responsibility, roads that primarily serve local needs must be a local responsibility and roads that primarily serve as minor collector routes may be improved through a partnership between municipalities and the State. [1999, c. 473, Pt. D, §1 (rpr).] div>
The Legislature recognizes that without municipal participation the State has few resources to make necessary capital improvements to state aid minor collector highways. [1999, c. 473, Pt. D, §1 (rpr).] div>
The purpose of the Urban-Rural Initiative Program established in this subchapter is to provide equitable financial assistance to communities for their use in improving local roads, maintaining state roads in urban compact areas and assisting the State in making capital improvements to state aid minor collector highways. [1999, c. 473, Pt. D, §1 (rpr).] div>
In order to meet the purposes set out in this section, the Urban-Rural Initiative Program has a Rural Road Initiative and an Urban Compact Initiative as components. [1999, c. 473, Pt. D, §1 (new).]

Section History:
PL 1981,
Ch. 492,
§C26 (NEW).
PL 1999,
Ch. 473,
§D1 (RPR).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1802-A. Definitions

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 6: LOCAL ROAD ASSISTANCE PROGRAM

§1802-A. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1989, c. 516, §2 (new).]

1. Average lane miles maintained. [1999, c. 473, Pt. D, §2 (rp).]

1-A. Capital improvement. "Capital improvement" means any work on a road or bridge that has a life expectancy of at least 10 years or restores the load-carrying capacity. [1999, c. 473, Pt. D, §3 (new).]

2. Lane miles. "Lane miles" means a length of road measured in miles multiplied by the number of travel lanes for that length of road. [1995, c. 678, §2 (new); §7 (aff).]

Section History:
PL 1989,
Ch. 516,
§2 (NEW).
PL 1995,
Ch. 678,
§1,2 (AMD).
PL 1995,
Ch. 678,
§7 (AFF).
PL 1999,
Ch. 473,
§D2,3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1802. Definitions (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 6: LOCAL ROAD ASSISTANCE PROGRAM

§1802. Definitions (REPEALED)

Section History:
PL 1981,
Ch. 492,
§C26 (NEW).
PL 1987,
Ch. 737,
§C68,C106 (AMD).
PL 1989,
Ch. 6,
§ (AMD).
PL 1989,
Ch. 9,
§2 (AMD).
PL 1989,
Ch. 104,
§C8,C10 (AMD).
PL 1989,
Ch. 516,
§1 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1803-A. One-time stipend (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 6: LOCAL ROAD ASSISTANCE PROGRAM

§1803-A. One-time stipend (REPEALED)

Section History:
PL 1987,
Ch. 793,
§A3 (NEW).
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Office of the Revisor of Statutes
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State House Room 108
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Title 23 - §1803-B. Rural Road Initiative and Urban Compact Initiative

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 6: LOCAL ROAD ASSISTANCE PROGRAM

§1803-B. Rural Road Initiative and Urban Compact Initiative

1. Distribution and use of funds. Funds from the Urban-Rural Initiative Program must be distributed to each eligible municipality, county or Indian reservation under the Rural Road Initiative and the Urban Compact Initiative.

A. Rural Road Initiative funds must be distributed as follows.

(1) Funds are distributed at a rate of $600 per year per lane mile for all rural state aid minor collector roads and all public roads maintained by a municipality located outside urban compact areas as defined in section 754, except that funds are distributed at a rate of $300 per year per lane mile for all seasonal public roads.

(2) Effective July 1, 2000, funds must be used for capital improvements as defined by this chapter, or for capital improvements to state aid minor collector roads as described in subsection 5. In municipalities, counties and Indian reservations in which there are no rural state aid minor collector roads, funds may also be used for winter highway maintenance, acquisition of highway maintenance equipment or the construction of highway maintenance buildings if the governing legislative body affirmatively votes that its town ways and local bridges are in sufficiently good condition so as to not require significant repair or improvement for at least 10 years.
[2001, c. 565, Pt. K, §1 (amd).]

B. Urban Compact Initiative funds must be distributed as follows.

(1) Funds are distributed at a rate of $2,500 per year per lane mile for summer maintenance performed by municipalities on state and state aid highways in compact areas as defined in section 754. For each lane mile beyond the 2nd lane on a highway with more than 2 lanes, funds are reimbursed at a rate of $1,250 per lane mile for summer maintenance in compact areas. Funds are distributed at a rate of $1,700 per year per lane mile for winter maintenance performed by municipalities on state highways in compact areas as defined in sections 754 and 1001 regardless of the number of lanes.

(2) Funds must be used only for the maintenance or improvement of public roads.
[1999, c. 473, Pt. D, §4 (new).]

C. The Urban-Rural Initiative Program payment defined as the combined Urban Compact Initiative and Rural Road Initiative annual payment to any municipality, county, or Indian reservation may not be less than the fiscal year 1999 Local Road Assistance Program payment. [1999, c. 473, Pt. D, §4 (new).]

D. Beginning July 1, 2001, the annual funding dedicated for the Urban-Rural Initiative Program must bear the same percentage relationship to the sum of the General Fund and Highway Fund allocation to the department for highway purposes as was provided during fiscal year 2000-01. On July 1, 2001 and every July 1st thereafter, the commissioner shall administratively adjust the base funding and the reimbursement rates per lane mile proportionately according to revenue available. [1999, c. 473, Pt. D, §4 (new).]

[2001, c. 565, Pt. K, §1 (amd).]

2. Retention of allocation for Urban-Rural Initiative Program. Prior to apportioning funds to each municipality, the department shall retain sufficient funds from the allocation for the Urban-Rural Initiative Program to ensure equitable funds are provided for roads in unorganized areas and for administration. [1999, c. 473, Pt. D, §4 (rpr).]

3. Payment of funds. One quarter of the funds apportioned to each municipality must be paid by the State to the municipality before September 1st, December 1st, March 1st and June 1st each year. [1999, c. 473, Pt. D, §4 (rpr).]

4. Limitations. [1999, c. 473, Pt. D, §4 (rp).]

5. State aid minor collector capital projects. State aid minor collector capital projects as determined by the department are financed with contributions of Rural Road Initiative funds not to exceed 33% of project costs with the remainder provided by the State. Local funds other than Rural Road Initiative funds committed to the projects are matched by state funds at the discretion of the department and at a ratio that may exceed 33% of local funds. If the department is not allocated sufficient funds to match offered municipal funds, then the department must reject or defer any new municipal offers and award matching funds to municipalities with pending offers based on a priority order consistent with an established departmental 6-year plan for state aid minor collector capital projects. [1999, c. 473, Pt. D, §4 (new).]

6. Municipal, county or Indian reservation administration. Municipalities or counties or Indian reservations may choose to administer rural minor collector capital projects based on mutual agreement guided by policies and procedures adopted by the department. The state share must be available prior to construction or contract. Municipal, county or Indian reservation equipment and material contributions are included as part of the contribution of Rural Road Initiative funds. Project cost overruns or savings are shared by the municipality, county or Indian reservation and the State according to the cost-sharing ratio established in subsection 5. State savings must be used for the purposes of state aid minor collector capital projects within the State. Municipal, county or Indian reservation savings may be used for any purpose allowed pursuant to subsection 1, paragraph A. At the discretion of the municipality, county or Indian reservation, project cost savings including matched state funds may accrue entirely toward additional or expanded minor collector state aid capital projects within that same jurisdiction. [1999, c. 473, Pt. D, §4 (new).]

Section History:
PL 1989,
Ch. 516,
§4 (NEW).
PL 1995,
Ch. 678,
§3 (AMD).
PL 1995,
Ch. 678,
§7 (AFF).
PL 1999,
Ch. 473,
§D4 (RPR).
PL 1999,
Ch. 753,
§3 (AMD).
PL 2001,
Ch. 471,
§D22 (AMD).
PL 2001,
Ch. 471,
§D23 (AFF).
PL 2001,
Ch. 565,
§K1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1803. Distribution (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 6: LOCAL ROAD ASSISTANCE PROGRAM

§1803. Distribution (REPEALED)

Section History:
MRSA ,

§T.23 SEC. 18033 (RP ).
PL 1981,
Ch. 492,
§C26 (NEW).
PL 1983,
Ch. 800,
§1 (AMD).
PL 1985,
Ch. 403,
§C1 (AMD).
PL 1989,
Ch. 516,
§3 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1804. Municipal, county or Indian reservation requirements

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 6: LOCAL ROAD ASSISTANCE PROGRAM

§1804. Municipal, county or Indian reservation requirements

To be eligible to receive funds from the Urban-Rural Initiative Program, each municipality, county or Indian reservation shall, prior to August 1st each year, certify in a manner acceptable to the department that the funds are used in a manner consistent with this chapter. To be guaranteed to receive state matching funds for any Rural Road Initiative funds directed to state-aid minor collector capital projects, each municipality, county and Indian reservation, prior to May 1st of each even-numbered year, shall submit a 6-year plan to the department describing the intended state aid minor collector projects to be financed with funds currently available, funds provided over the 6-year period beginning July 1st of the following year and any other funds or financing. The report must include details sufficient to estimate needed state matching funds, and must indicate whether the municipality intends to administer the project. The report also must describe any funds held in reserve for future state aid minor collector projects. [1999, c. 473, Pt. D, §5 (amd).]

Section History:
PL 1981,
Ch. 492,
§C26 (NEW).
PL 1999,
Ch. 473,
§D5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1805. Permitted use of funds (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 6: LOCAL ROAD ASSISTANCE PROGRAM

§1805. Permitted use of funds (REPEALED)

Section History:
PL 1981,
Ch. 492,
§C26 (NEW).
PL 1999,
Ch. 473,
§D6 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1806. State service contracts

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 6: LOCAL ROAD ASSISTANCE PROGRAM

§1806. State service contracts

The department may enter into service contracts with municipalities to perform at cost maintenance, reconstruction or construction functions on local service roads. To the extent state manpower and equipment permits, the department shall encourage municipalities to coordinate their work on local service roads with the department. [1981, c. 492, Pt. C, § 26 (new).]

Section History:
PL 1981,
Ch. 492,
§C26 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1807. Transit bonus payment program

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 6: LOCAL ROAD ASSISTANCE PROGRAM

§1807. Transit bonus payment program

In order to promote the purposes of the Sensible Transportation Policy Act set forth in section 73, a transit bonus payment program is established. The program is governed by the provisions of this section. [2001, c. 681, §1 (new).]

1. Application. A municipality that increases its qualifying expenditures for transit over a base year may apply to the department for a transit bonus to the municipality's Urban-Rural Initiative Program payment, as defined in section 1803-B. [2001, c. 681, §1 (new).]

2. Qualifying expenditures for transit. As used in this section, "qualifying expenditures for transit" means a municipality's total annual expenditures derived from municipal revenue sources that are used for the operations of a seasonal or year-round transit service that has been established for at least 3 years and that provides scheduled service for at least 3 days per week. [2001, c. 681, §1 (new).]

3. Use of funds. All funds distributed pursuant to this section must be used for the purposes set forth in sections 1801 and 1803-B. [2001, c. 681, §1 (new).]

4. Program funding cap. The annual amount available for distribution under this section may not exceed 2.5% of the annual funding dedicated for the Urban-Rural Initiative Program. All funds not distributed each year lapse to the Highway Fund. [2001, c. 681, §1 (new).]

5. Distribution of funds. Beginning July 1, 2003, the department shall increase an Urban-Rural Initiative Program payment for a municipality that applies under subsection 1 on a dollar-for-dollar basis. After the total of qualifying applications for reimbursement exceeds the annual amount available for distribution provided under subsection 4, funds must be apportioned according to the amount of each municipality's increase of qualifying expenditures, ridership or other factors determined by the department. [2001, c. 681, §1 (new).]

6. Rules. The commissioner 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 II-A. [2001, c. 681, §1 (new).]

Section History:
PL 2001,
Ch. 681,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1851. State cost-share program for salt and sand storage facilities

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 7: SALT AND SAND STORAGE FACILITIES (HEADING: PL 1987, c. 473 (new))

§1851. State cost-share program for salt and sand storage facilities

The Department of Transportation may administer funds for the construction of municipal or county salt and sand storage facilities in order to reduce salt pollution of ground and surface waters. In administering these funds, the department shall provide reimbursement to municipal and county governmental entities for approved projects in the following order, according to priorities established pursuant to Title 38, section 411: [1999, c. 387, §1 (rpr).]

1. Priority 1 projects. Priority 1 projects, as long as the site was registered with the Department of Environmental Protection pursuant to Title 38, section 413 before October 15, 1997, regardless of the date the priority rating was designated; [1999, c. 387, §1 (new).]

2. Priority 2 projects. Priority 2 projects, as long as the site was registered with the Department of Environmental Protection pursuant to Title 38, section 413 before October 15, 1997, regardless of the date the priority rating was designated; [1999, c. 387, §1 (new).]

3. Priority 3 projects. Priority 3 projects that were designated before October 15, 1997 and continue to be so designated on April 1, 2000 and Priority 3 projects designated on April 1, 2000 that were designated Priority 5 projects prior to October 15, 1997; [1999, c. 387, §1 (new).]

4. Priority 4 projects. Priority 4 projects that were constructed before November 1, 1999 with plans and financial information submitted to the Department of Transportation by November 1, 1999. Notwithstanding any other provision of this section, 20% of all funds authorized by the Legislature after January 1, 1999 for municipal reimbursement of sand and salt storage facility construction costs must be used to reimburse municipalities with Priority 4 projects eligible under this subsection until all such eligible projects have been fully reimbursed. The department shall reimburse municipalities eligible under this subsection in the order in which those municipalities complete the submission of all required documentation; [1999, c. 387, §1 (new); §7 (aff).]

5. Priority changes. Priority 3 projects designated on April 1, 2000 that were designated Priority 4 projects as of October 15, 1997; [1999, c. 387, §1 (new).]

6. Priority 5 projects. Priority 5 projects that were constructed before November 1, 1999, with plans and financial information submitted to the Department of Transportation by November 1, 1999; [1999, c. 387, §1 (new).]

7. Other projects. All other projects eligible for reimbursement. Priority 4 and Priority 5 sites designated on April 1, 2000 are not eligible for reimbursement. [1999, c. 387, §1 (new).]
div>
Allocation of funds must be based upon the sum of 25% of the expenses permitted plus 1.25 times the ratio of miles of state and state aid roads maintained for winter maintenance, as described in sections 1001 and 1003, to all miles maintained for winter maintenance by the municipality, quasi-municipal agency or county. The Department of Transportation shall establish guidelines to reimburse eligible local government entities in a consistent and timely manner. [1999, c. 387, §1 (rpr).] div>
The Department of Transportation shall review and approve municipal and county plans and specifications pursuant to established departmental guidelines for design, construction and size before a municipality or county constructs a facility. Municipal actions inconsistent with such guidelines are reimbursed at the sole discretion of the department. [1999, c. 387, §1 (rpr).] div>
Reimbursable expenses under this section do not include land acquisition or debt service. [1999, c. 387, §1 (rpr).]

Section History:
PL 1987,
Ch. 473,
§ (NEW).
PL 1987,
Ch. 769,
§A85 (AMD).
PL 1987,
Ch. 793,
§A4 (AMD).
PL 1989,
Ch. 502,
§A89 (AMD).
PL 1999,
Ch. 387,
§1 (RPR).
PL 1999,
Ch. 387,
§7 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1852. Salt and sand storage facilities

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 7: SALT AND SAND STORAGE FACILITIES (HEADING: PL 1987, c. 473 (new))

§1852. Salt and sand storage facilities

If funds are available for grants to an owner or operator of a project in the funding order established in section 1851, yet if within one year of notice of availability of the funds the owner or operator fails to submit to the Department of Transportation in writing a preliminary plan and estimate, a notice of a completed or partially completed facility or a notice of a signed contract for imminent construction of a facility, the Department of Transportation may make any funds committed or otherwise obligated to that project under this section and section 1851 available to any constructed project of a lower funding priority under section 1851 that has sent all required submissions to the department. A project that loses its funding under this paragraph remains eligible for reimbursement at a later date, subject to availability of funds. [1999, c. 387, §2 (new).] div>
The department may not reimburse a municipality or county under this section or section 1851 for that portion of construction expenses paid for with a grant awarded in accordance with Public Law 1991, chapter 849, section 3 or under the Community Development Block Grant Program. [1993, c. 63, §1 (new).]

Section History:
PL 1987,
Ch. 793,
§A5 (NEW).
PL 1993,
Ch. 63,
§1 (AMD).
PL 1997,
Ch. 551,
§1 (AMD).
PL 1999,
Ch. 387,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1853. State infrastructure bank; finding

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 7: SALT AND SAND STORAGE FACILITIES (HEADING: PL 1987, c. 473 (new))

§1853. State infrastructure bank; finding

The legislature finds that new financing mechanisms are necessary to provide greater flexibility and additional funds for needed transportation infrastructure projects in the State. The creation of a financing mechanism, in conformance with the National Highway System Designation Act of 1995, Public Law 104-59, Section 350, relating to a state infrastructure bank program will enable the State, counties and municipalities to use federal and state highway funds to construct transportation projects eligible for assistance under Section 350. These funds must be deposited into specific accounts in the department. From these accounts, loans may be made to counties and municipalities for eligible transportation projects. [1997, c. 395, Pt. I, §1 (new).] div>
For purposes of this subchapter, a project is an "eligible transportation project" and is "eligible for assistance" when it complies with the eligibility criteria established in the National Highway System Designation Act of 1995, Public Law 104-59, Section 350. [1997, c. 395, Pt. I, §1 (new).]

Section History:
PL 1997,
Ch. 395,
§I1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1854. State infrastructure bank created

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 8: STATE INFRASTRUCTURE BANK (HEADING: PL 1997, c. 395, Pt. I, @1 (new))

§1854. State infrastructure bank created

The state infrastructure bank is created as a revolving fund in the department, to be administered by the department and used for the purposes described in this subchapter. The fund consists of certain federal highway funds and state highway funds and other funds eligible for deposit under applicable federal law; payments received by the department in connection with the state infrastructure bank; investment earnings on money in state infrastructure bank accounts; and other funds as may be provided by law. Separate accounts may be established within the state infrastructure bank if required for its proper administration. [1997, c. 395, Pt. I, §1 (new).] div>
The fund is a nonlapsing fund. All monies accruing to the credit of the fund must be allocated by the Legislature and expended by the department to effectuate the purposes of this subchapter. Money available in the fund may not be used to hire staff for the department. [1997, c. 395, Pt. I, §1 (new).]

Section History:
PL 1997,
Ch. 395,
§I1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1855. Loans

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 19: FISCAL MATTERS
Subchapter 8: STATE INFRASTRUCTURE BANK (HEADING: PL 1997, c. 395, Pt. I, @1 (new))

§1855. Loans

The Commissioner of Transportation shall use the state infrastructure bank to make loans to counties and municipalities, state agencies and quasi-state government agencies and public and private utility districts eligible for the financial assistance program for utilities under section 256 upon such terms as the commissioner shall determine, including secured and unsecured loans, and in connection with the secured and unsecured loans, to enter into loan agreements, subordination agreements and other agreements; accept notes and other forms of obligation to evidence the indebtedness, and mortgages, liens, pledges, assignments or other security interest to secure the indebtedness, which may be prior or subordinate to or on a parity with other indebtedness, obligations, mortgages, pledges, assignments, other security interests or liens or encumbrances, and take such actions as are appropriate to protect the security and safeguard against losses, including foreclosure and the bidding upon and purchase of property upon foreclosure or other sale. Repayments of a federal share loan may be obligated by the commissioner for any transportation purpose, including the reloaning of such repaid funds for other projects. Reloaned funds are considered state loans, not federal share loans. [2005, c. 405, Pt. G, §1 (amd).] div>
The commissioner may adopt policies and procedures for the implementation and exercise of the authority granted by this section, including policies and procedures for receiving, reviewing, evaluating and selecting projects for which financial assistance will be approved. [1997, c. 395, Pt. I, §1 (new).]

Section History:
PL 1997,
Ch. 395,
§I1 (NEW).
PL 2005,
Ch. 405,
§G1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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