SP0222, LD 778, item 1, An Act To Create the Fund for Municipalities To Improve Pedestrian Safety

An Act To Create the Fund for Municipalities To Improve Pedestrian Safety

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 23 MRSA §75 is enacted to read:

§ 75. Fund for Municipalities To Improve Pedestrian Safety

1. Establishment. The Fund for Municipalities To Improve Pedestrian Safety, referred to in this section as "the fund," is established as a program account in the Highway Fund within the department. The fund must be used for pedestrian safety improvements, including, but not limited to, lights, paint, signs, speed bumps and reconstruction of intersections. The department shall administer the fund.

2. Revenue. The fund receives the following revenue:

A. Amounts from uncommitted balances in the Multimodal Transportation Fund as provided in section 4210-B; and

B. Other funds from any public or private source received for use for any of the purposes for which the fund has been established.

3. Distribution and use of funds. A municipality or a group of municipalities may apply for funding under this section. Up to 80% of project costs for pedestrian safety improvements as determined by the department may be financed from the fund with the remainder of the costs provided by the municipality or group of municipalities. Up to 100% of project costs for pedestrian safety improvements as determined by the department may be financed from the fund if the project is located within an area identified by the department as a dangerous intersection under rules adopted pursuant to subsection 4 based on pedestrian crash data with any remainder of the costs provided by the municipality or group of municipalities. The department shall authorize funding amounts, within available funds, based on a competitive rating system established by the department by rule.

4. Rules. The Commissioner of Transportation shall adopt rules to implement this section, including rules that establish criteria for determining dangerous intersections pursuant to subsection 3. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

5. Report. Beginning January 15, 2020 and biennially thereafter, the Commissioner of Transportation shall report to the joint standing committee of the Legislature having jurisdiction over transportation matters on the implementation and operation of this section. The department shall notify municipalities of the availability of the report under this subsection and pedestrian crash data the department uses pursuant to subsection 3.

Sec. 2. 23 MRSA §4210-B, sub-§1, as amended by PL 2011, c. 649, Pt. E, §2, is further amended to read:

1. Establishment of fund. The Multimodal Transportation Fund, referred to in this section as "the Multimodal Transportation Fund" is established as an Other Special Revenue Funds program through the Department of Administrative and Financial Services. Funds Except as provided by subsection 8, funds appropriated, allocated, transferred or deposited in the account accrue interest earnings that must be used within the Multimodal Transportation Fund.

Sec. 3. 23 MRSA §4210-B, sub-§8 is enacted to read:

8. Transfers from fund. At the close of each fiscal year, the State Controller shall transfer to the Fund for Municipalities To Improve Pedestrian Safety, established in section 75, the uncommitted balance in the Multimodal Transportation Fund unallocated surplus account. For purposes of this subsection, "uncommitted balance in the Multimodal Transportation Fund unallocated surplus account" means the amount remaining in the Multimodal Transportation Fund unallocated surplus account at the close of the fiscal year after the deduction of all allocations, budgeted financial commitments and adjustments considered necessary by the State Controller.

summary

This bill establishes the Fund for Municipalities To Improve Pedestrian Safety as a program account in the Highway Fund within the Department of Transportation. The bill provides that the fund must be used for pedestrian safety improvements, such as lights, paint, signs, speed bumps and reconstruction of intersections. The bill also provides that a municipality or a group of municipalities may apply for funding from the fund. Up to 80% of project costs for pedestrian safety improvements may be financed from the fund with the remainder of the costs provided by the municipality or group of municipalities, except that up to 100% of proposed project costs for pedestrian safety improvements may be financed from the fund if the project is located within an area identified by the Department of Transportation as a dangerous intersection based on pedestrian crash data. The bill also requires the department to notify municipalities of the required biennial report and pedestrian crash data. Finally, the bill provides that the Fund for Municipalities To Improve Pedestrian Safety receives revenue from uncommitted balances in the Multimodal Transportation Fund and other funds from any public or private source.

SP0222 LD 778	Session - 129th Maine Legislature		LR 919 Item 1
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