An Act To Strengthen Collaboration in the Transfer of Responsibilities for State and State Aid Highways
Sec. 1. 23 MRSA §754, sub-§1, as amended by PL 2011, c. 652, §2 and affected by §14, is further amended to read:
Sec. 2. 23 MRSA §754, sub-§3, as amended by PL 2007, c. 417, §1, is further amended to read:
Prior to meeting with the affected municipality to discuss the transfer, the department shall provide the municipality with:
After providing the required materials, the department shall develop in collaboration with the affected municipality a memorandum of understanding detailing the improvements necessary to bring the road into good condition. In case of a dispute over the necessary improvements, either party may engage the resolution process provided in subsection 5. Unless otherwise addressed in the memorandum of understanding, transfer of responsibility occurs 24 months after all improvements are completed.
Sec. 3. 23 MRSA §754, sub-§4 is enacted to read:
Sec. 4. 23 MRSA §754, sub-§5 is enacted to read:
Final decisions of a review board represent final agency action. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
This bill amends the existing urban compact road transfer process by requiring the Department of Transportation to work collaboratively with the affected municipality to ensure that a section of state or state aid highway transferred to a municipality for maintenance responsibilities is in good condition. In addition to outlining the information and documents that must be provided to the affected municipality, the bill provides a more detailed definition of "good condition" and creates a dispute resolution process to address contested issues.