An Act To Require an Independent Analysis of the Impact of and a Review Process for an East-west Highway prior to Development
Sec. 1. 23 MRSA §4252 is enacted to read:
§ 4252. East-west highway impact study; review
For purposes of this paragraph, "abutting property owner" means an owner of property that is both contiguous to the property on which a project is proposed and within one mile of the location of the project.
For the purposes of this subsection, county commissioners shall act as municipal officers for unincorporated townships, and assessors of plantations shall act as municipal officers for plantations.
Sec. 2. Resolve 2011, c. 147 is repealed.
Sec. 3. Retroactivity. That section of this Act that repeals Resolve 2011, chapter 147 applies retroactively to August 30, 2012.
This bill requires a comprehensive independent analysis to be conducted prior to the development of a proposed private or public-private partnership project for a highway or utility corridor that traverses the State in an east-west manner. The cost of the analysis must be paid entirely by the private entity. The bill specifically prohibits any state department or agency from spending any funds for the facilitation and oversight of a comprehensive independent analysis of such a highway or utility corridor.
This bill requires that the plans for the proposed project be made available to the public for review. This bill also imposes public notice and hearing requirements and provides intervenor status to municipalities through which the proposed project may pass and to landowners whose land abuts the project similar to the public and local participation requirements for solid waste facility siting.
This bill also repeals Resolve 2011, chapter 147, "Resolve, To Require the Department of Transportation To Facilitate and Oversee a Study of the Feasibility of an East-west Highway," retroactive to the effective date of that resolve.