2012 Maine Revised Statutes
TITLE 23: HIGHWAYS
Chapter 19: FISCAL MATTERS
23 §1803-B. Rural Road Initiative and Urban Compact Initiative (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/13)

Part 1: STATE HIGHWAY LAW

Subchapter 6: LOCAL ROAD ASSISTANCE PROGRAM

§1803-B. Rural Road Initiative and Urban Compact Initiative

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/13)

1. Distribution and use of funds. Funds from the Urban-Rural Initiative Program must be distributed to each eligible municipality, county or Indian reservation under the Rural Road Initiative and the Urban Compact Initiative.

A. Rural Road Initiative funds must be distributed as follows.

(1) Funds are distributed at a rate of $600 per year per lane mile for all rural state aid minor collector roads and all public roads maintained by a municipality located outside urban compact areas as defined in section 754, except that funds are distributed at a rate of $300 per year per lane mile for all seasonal public roads.

(2) Effective July 1, 2000, funds must be used for capital improvements as defined by this chapter, or for capital improvements to state aid minor collector roads as described in subsection 5. In municipalities, counties and Indian reservations in which there are no rural state aid minor collector roads, funds may also be used for winter highway maintenance, acquisition of highway maintenance equipment or the construction of highway maintenance buildings if the governing legislative body affirmatively votes that its town ways and local bridges are in sufficiently good condition so as to not require significant repair or improvement for at least 10 years. [2001, c. 565, Pt. K, §1 (AMD).]

B. Urban Compact Initiative funds must be distributed as follows.

(1) Funds are distributed at a rate of $2,500 per year per lane mile for summer maintenance performed by municipalities on state and state aid highways in compact areas as defined in section 754. For each lane mile beyond the 2nd lane on a highway with more than 2 lanes, funds are reimbursed at a rate of $1,250 per lane mile for summer maintenance in compact areas. Funds are distributed at a rate of $1,700 per year per lane mile for winter maintenance performed by municipalities on state highways in compact areas as defined in sections 754 and 1001 regardless of the number of lanes.

(2) Funds must be used only for the maintenance or improvement of public roads. [1999, c. 473, Pt. D, §4 (NEW).]

C. The Urban-Rural Initiative Program payment defined as the combined Urban Compact Initiative and Rural Road Initiative annual payment to any municipality, county, or Indian reservation may not be less than the fiscal year 1999 Local Road Assistance Program payment. [1999, c. 473, Pt. D, §4 (NEW).]

D. Beginning July 1, 2001, the annual funding dedicated for the Urban-Rural Initiative Program must bear the same percentage relationship to the sum of the General Fund and Highway Fund allocation to the department for highway purposes as was provided during fiscal year 2000-01. On July 1, 2001 and every July 1st thereafter, the commissioner shall administratively adjust the base funding and the reimbursement rates per lane mile proportionately according to revenue available. [1999, c. 473, Pt. D, §4 (NEW).]

[ 2001, c. 565, Pt. K, §1 (AMD) .]

2. Retention of allocation for Urban-Rural Initiative Program. Prior to apportioning funds to each municipality, the department shall retain sufficient funds from the allocation for the Urban-Rural Initiative Program to ensure equitable funds are provided for roads in unorganized areas and for administration.

[ 1999, c. 473, Pt. D, §4 (RPR) .]

3. Payment of funds. One quarter of the funds apportioned to each municipality must be paid by the State to the municipality before September 1st, December 1st, March 1st and June 1st each year.

[ 1999, c. 473, Pt. D, §4 (RPR) .]

4. Limitations.

[ 1999, c. 473, Pt. D, §4 (RP) .]

5. State aid minor collector capital projects. State aid minor collector capital projects as determined by the department are financed with contributions of Rural Road Initiative funds not to exceed 33% of project costs with the remainder provided by the State. Local funds other than Rural Road Initiative funds committed to the projects are matched by state funds at the discretion of the department and at a ratio that may exceed 33% of local funds. If the department is not allocated sufficient funds to match offered municipal funds, then the department must reject or defer any new municipal offers and award matching funds to municipalities with pending offers based on a priority order consistent with an established departmental 6-year plan for state aid minor collector capital projects.

[ 1999, c. 473, Pt. D, §4 (NEW) .]

6. Municipal, county or Indian reservation administration. Municipalities or counties or Indian reservations may choose to administer rural minor collector capital projects based on mutual agreement guided by policies and procedures adopted by the department. The state share must be available prior to construction or contract. Municipal, county or Indian reservation equipment and material contributions are included as part of the contribution of Rural Road Initiative funds. Project cost overruns or savings are shared by the municipality, county or Indian reservation and the State according to the cost-sharing ratio established in subsection 5. State savings must be used for the purposes of state aid minor collector capital projects within the State. Municipal, county or Indian reservation savings may be used for any purpose allowed pursuant to subsection 1, paragraph A. At the discretion of the municipality, county or Indian reservation, project cost savings including matched state funds may accrue entirely toward additional or expanded minor collector state aid capital projects within that same jurisdiction.

[ 1999, c. 473, Pt. D, §4 (NEW) .]

SECTION HISTORY

1989, c. 516, §4 (NEW). 1995, c. 678, §3 (AMD). 1995, c. 678, §7 (AFF). 1999, c. 473, §D4 (RPR). 1999, c. 753, §3 (AMD). 2001, c. 471, §D22 (AMD). 2001, c. 471, §D23 (AFF). 2001, c. 565, §K1 (AMD). 2011, c. 652, §14 (AFF). 2011, c. 652, §6 (AMD).