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

§613.__Construction of bikeways and pedestrian ways along state

roads

1. Bikeways and pedestrian ways along highways required. Bikeways and pedestrian ways must be established in conjunction with the construction or reconstruction of any state, state-aid or town highway.

2.__Standards. The Department of Transportation shall establish construction standards and a uniform system of providing signs to indicate bikeways and pedestrian ways.

3. ADA compliance. All bikeways and pedestrian ways established pursuant to this section must comply with the federal Americans with Disabilities Act of 1990.

4. Exception. Notwithstanding subsection 1, bikeways and pedestrian ways are not required to be established if one or more of the following conditions are met:

A. The establishment of the bikeways and pedestrian ways would be contrary to public safety;

B.__The cost of the bikeways and pedestrian ways would be excessively disproportionate to the need or probable use; or

C. Other available means or factors indicate an absence of need for the bikeways and pedestrian ways.

SUMMARY

This bill requires bikeways and pedestrian ways to be established in conjunction with the construction or reconstruction of a state road.