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Amend the bill by striking out all of section 2 and inserting the following:
‘Sec. 2. 23 MRSA §754, sub-§3, as amended by PL 2007, c. 417, §1, is further amended to read:
 
3. Transfer of state or state aid highway.   When the responsibility for maintenance of a section of state or state aid highway is to be transferred to a municipality as a result of population growth, as determined using the decennial United States census, or the municipality meets the definition of a compact or built-up section under section 2, and when the municipality is not eligible to opt out of summer maintenance pursuant to subsection 2, paragraph C, the department shall prepare a capital and maintenance plan to ensure that the section of state or state aid highway is in good repaircondition at the time of transfer. The plan must be developed in consultation with the affected municipality. For the purpose of this subsection, "good repair" means actions intended to reasonably avoid nonroutine maintenance activities for a minimum of 10 years and includes consideration of ditching, culverts, major structural defects and pavement condition ratings of 3.3 or higher as determined by the department.’
Amend the bill by striking out all of section 4.
 
SUMMARY
This amendment, which is the minority report, strikes from the bill provisions regarding collaboration between the Department of Transportation and an affected municipality, including a provision for dispute resolution, regarding maintenance of certain state or state aid highways transferred to a municipality. The amendment keeps provisions of the bill that provide a more detailed definition of "good condition" for the purpose of determining whether a municipality, rather than the State, is responsible for year-round maintenance of state and state aid highways located within an urban compact area.
FISCAL NOTE REQUIRED
(See attached)