Page 1 - 131LR2414(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 165 - L.D. 260
An Act to Make Supplemental Allocations from the Highway Fund and
Other Funds for the Expenditures of State Government and to Change
Certain Provisions of the Law Necessary to the Proper Operations of State
Government for the Fiscal Year Ending June 30, 2023
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the 90-day period may not terminate until after the beginning of the next
fiscal year; and
Whereas, certain obligations and expenses incident to the operation of state
departments and institutions will become due and payable immediately; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. Appropriations and allocations. The following appropriations and
allocations are made.
TRANSPORTATION, DEPARTMENT OF
Administration 0339
Initiative: Establishes 41 positions to address project development, planning, legal,
environmental, safety and human resources needs associated with the department's capital
programs. Four of the positions are funded 100% Highway Fund, and the remainder are
50% Federal Expenditures Fund, 45% Highway Fund and 5% Other Special Revenue
Funds. This initiative also eliminates 61.01 vacant full-time equivalent crew positions and
7 vacant positions to offset the cost of the new positions and generate additional savings to
the Highway Fund. Position detail is on file with the Bureau of the Budget.
APPROVED
MAY 5, 2023
BY GOVERNOR
CHAPTER
50
PUBLIC LAW Page 2 - 131LR2414(03)
HIGHWAY FUND 2022-23 2023-24 2024-25POSITIONS - LEGISLATIVE
COUNT
1.000 0.000 0.000Personal Services $10,080 $0 $0
______________________________
HIGHWAY FUND TOTAL
$10,080 $0 $0
Fleet Services 0347
Initiative: Provides funding to support the operation of vehicles and equipment necessary
to maintain the transportation system.
FLEET SERVICES FUND - DOT
2022-23 2023-24 2024-25All Other $3,600,000 $0 $0
______________________________
FLEET SERVICES FUND - DOT
TOTAL
$3,600,000 $0 $0
Fleet Services 0347
Initiative: Provides funding for increased costs of critical items, including paint, salt,
culverts, guardrail parts, plow blades and vehicle parts.
FLEET SERVICES FUND - DOT
2022-23 2023-24 2024-25All Other $1,200,000 $0 $0
______________________________
FLEET SERVICES FUND - DOT
TOTAL
$1,200,000 $0 $0
Highway and Bridge Capital 0406
Initiative: Establishes 41 positions to address project development, planning, legal,
environmental, safety and human resources needs associated with the department's capital
programs. Four of the positions are funded 100% Highway Fund, and the remainder are
50% Federal Expenditures Fund, 45% Highway Fund and 5% Other Special Revenue
Funds. This initiative also eliminates 61.01 vacant full-time equivalent crew positions and
7 vacant positions to offset the cost of the new positions and generate additional savings to
the Highway Fund. Position detail is on file with the Bureau of the Budget.
HIGHWAY FUND
2022-23 2023-24 2024-25POSITIONS - LEGISLATIVE
COUNT
35.000 0.000 0.000POSITIONS - FTE COUNT (1.000) 0.000 0.000Personal Services $104,963 $0 $0
______________________________
HIGHWAY FUND TOTAL
$104,963 $0 $0
FEDERAL EXPENDITURES FUND
2022-23 2023-24 2024-25Personal Services ($507,831) $0 $0
______________________________
FEDERAL EXPENDITURES FUND
TOTAL
($507,831) $0 $0 Page 3 - 131LR2414(03)
OTHER SPECIAL REVENUE
FUNDS
2022-23 2023-24 2024-25Personal Services $636,679 $0 $0
______________________________
OTHER SPECIAL REVENUE FUNDS
TOTAL
$636,679 $0 $0
Maintenance and Operations 0330
Initiative: Establishes 41 positions to address project development, planning, legal,
environmental, safety and human resources needs associated with the department's capital
programs. Four of the positions are funded 100% Highway Fund, and the remainder are
50% Federal Expenditures Fund, 45% Highway Fund and 5% Other Special Revenue
Funds. This initiative also eliminates 61.01 vacant full-time equivalent crew positions and
7 vacant positions to offset the cost of the new positions and generate additional savings to
the Highway Fund. Position detail is on file with the Bureau of the Budget.
HIGHWAY FUND
2022-23 2023-24 2024-25POSITIONS - FTE COUNT (61.010) 0.000 0.000Personal Services ($1,342,658) $0 $0
______________________________
HIGHWAY FUND TOTAL
($1,342,658) $0 $0
Multimodal - Island Ferry Service Z016
Initiative: Provides funding to support the operation of vehicles and equipment necessary
to maintain the transportation system.
ISLAND FERRY SERVICES FUND
2022-23 2023-24 2024-25All Other $500,000 $0 $0
______________________________
ISLAND FERRY SERVICES FUND
TOTAL
$500,000 $0 $0
Multimodal - Island Ferry Service Z016
Initiative: Establishes one Public Service Manager II position to assist with the operations
of the Maine State Ferry Service.
ISLAND FERRY SERVICES FUND
2022-23 2023-24 2024-25POSITIONS - LEGISLATIVE
COUNT
1.000 0.000 0.000Personal Services $30,675 $0 $0
______________________________
ISLAND FERRY SERVICES FUND
TOTAL
$30,675 $0 $0
Multimodal Transportation Fund Z017
Initiative: Adjusts funding to bring allocations in line with projected available resources
for fiscal year 2022-23. Page 4 - 131LR2414(03)
OTHER SPECIAL REVENUE
FUNDS
2022-23 2023-24 2024-25All Other $243,564 $0 $0
______________________________
OTHER SPECIAL REVENUE FUNDS
TOTAL
$243,564 $0 $0
TRANSPORTATION,
DEPARTMENT OF
DEPARTMENT TOTALS
2022-23 2023-24 2024-25
HIGHWAY FUND ($1,227,615) $0 $0FEDERAL EXPENDITURES
FUND
($507,831) $0 $0OTHER SPECIAL REVENUE
FUNDS
$880,243 $0 $0FLEET SERVICES FUND - DOT $4,800,000 $0 $0ISLAND FERRY SERVICES
FUND
$530,675 $0 $0
______________________________
DEPARTMENT TOTAL - ALL
FUNDS
$4,475,472 $0 $0
PART B
Sec. B-1.
Administration - Motor Vehicles program. Notwithstanding any provision of law to
the contrary, the State Controller shall carry forward any unexpended balances in the
Personal Services and All Other line categories in the Department of the Secretary of State,
Administration - Motor Vehicles program, after all financial commitments for obligations
and budgetary adjustments have been made, at the end of fiscal year 2022-23 and at the
end of fiscal year 2023-24 to the next fiscal year to the All Other line category in the
Department of the Secretary of State, Administration - Motor Vehicles program, of which
up to $2,000,000 is to be used for the Bureau of Motor Vehicles modernization project and
up to $7,000,000 is to be used for the new license plate general issue project.
PART C
Sec. C-1. 23 MRSA §4206, sub-§1, ¶O, as amended by PL 2021, c. 66, §2, is
further amended to read:
O. To bring before the joint standing committee of the Legislature having jurisdiction
over transportation matters for review and approval any proposal that would alter the
current land use, ownership or jurisdiction of lands owned by the State within the Port
of Searsport presently under the jurisdiction of the department; and
Sec. C-2. 23 MRSA §4206, sub-§1, ¶P, as enacted by PL 2021, c. 66, §3, is
amended to read: Page 5 - 131LR2414(03)
P. To enter into agreements and cooperate with the United States Department of
Transportation or any other appropriate federal agency as provided in 23 United States
Code, Sections 325 to 327 and as authorized under the federal Moving Ahead for
Progress in the 21st Century Act, the federal Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and the federal National
Environmental Policy Act of 1969. Pursuant to such an agreement, the commissioner
may assume certain responsibilities of the Secretary of the United States Department
of Transportation and take any other actions as required by any such agreement or by
such federal laws.
(1) The commissioner may adopt any rules necessary to implement an agreement
pursuant to this paragraph and carry out any duties imposed under such an
agreement. Rules adopted pursuant to this subparagraph are routine technical rules
pursuant to Title 5, chapter 375, subchapter 2‑A.
(2) The commissioner may make expenditures of money in connection with an
agreement authorized under this paragraph from any funds of the department that
are available to the commissioner.
(3) Notwithstanding Title 14, chapter 741, sovereign immunity from civil suit in
federal court is waived consistent with 23 United States Code, Sections 326 and
327 and limited to the compliance, discharge or enforcement of a responsibility
assumed by the department under this paragraph. This subparagraph applies only
to actions that are authorized under this paragraph and does not create liability that
exceeds the liability created under 23 United States Code, Sections 325 to 327.;
and
Sec. C-3. 23 MRSA §4206, sub-§1, ¶Q is enacted to read:
Q. To implement a program to enhance the skills of the department's transportation
workers and ferry service workers. The program must provide that employees in these
classifications who participate in training and who demonstrate they have achieved
competencies prescribed by the commissioner may progress immediately to the next
level in these classification series.
Emergency clause.
takes effect when approved.