Sec. 1. 23 MRSA §613 is enacted to read:

§613.__Alternative roadways

1.__Definition.__For the purposes of this section, "alternative roadway" means a vehicle way, paved or unpaved, upon which pedestrians may travel and human-powered vehicles may be operated.

2.__Requirements.__The Commissioner of Transportation shall ensure that in each fiscal year an amount equal to at least 1% of state highway funds received for the improvement, construction and maintenance of state or state aid highways pursuant to section 1653 must be provided for the construction, repair and maintenance of alternative roadways.

A.__In lieu of expending the funds under this subsection each year, the Department of Transportation may credit the funds to a financial reserve or special fund to be held for not more than 10 years and to be expended for the purposes required by this section.

B.__For purposes of computing amounts expended during a fiscal year under this subsection, the Department of Transportation may record the money as expended on the date actual construction of the alternative roadway is commenced if the alternative roadway is constructed by the department or on the date a contract for the construction of the alternative roadway is entered into with a private contractor or with any other governmental body.

3.__Exceptions.__Alternative roadways are not required to be established:

A.__Where the establishment of such alternative roadways would be contrary to public safety;

B.__If the cost of establishing such alternative roadways would be excessively disproportionate to the need or probable use; or

C.__Where lack of population, the existence of other available ways or other factors indicate an absence of any need for alternative roadways.

Sec. 2. Report. The Commissioner of Transportation shall study the economic development impact of constructing and maintaining alternative roadways pursuant to the Maine Revised