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An Act To Amend the Traffic Movement Permit Process To Incorporate a Multimodal Approach to Infrastructure Planning
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §704-A, sub-§2, ¶¶A and B, as enacted by PL 1999, c. 468, §2, are amended to read:
 
A. For any project that generates 100 or more passenger car equivalents at peak hour, the person responsible for the project is required to make adequate provision for traffic movement of all types into and out of the project area. Before issuing a permit, the department shall determine that any traffic increase attributable to the proposed project will not result in unreasonable congestion or unsafe conditions on a road in the vicinity of the proposed project.:
 
(1) Determine that any traffic increase attributable to the proposed project will not result in unreasonable congestion or unsafe conditions on a road in the vicinity of the proposed project;
 
(2) Require all reasonable traffic mitigation measures related to the project that could avoid the expansion of the state highway system at the expense of the public;
 
(3) Require an analysis of all modes of transportation affected by the project and a design to ensure that the project balances the modes of transportation in a way that is appropriate to the context of the project;
 
(4) Require the applicant to demonstrate how the project conforms with each requirement listed under section 73, subsection 3; and
 
(5) For any project that generates over 200 passenger car equivalents at peak hour, hold a public hearing and require the applicant to incorporate any enhancements to infrastructure for modes of transportation other than passenger cars that appear warranted based on the information presented at the public hearing.
 
B. The department, together with the appropriate representative of the municipality or municipalities where the project is located, shall discuss with the applicant at a meeting, referred to in this paragraph as a "scoping meeting," the scope of impact evaluation required for the proposed project and the type of proceedings warranted. The scope of impact evaluation for the proposed project must include an analysis estimating the amount of traffic that will be generated by the project for all relevant modes of transportation as determined by the commissioner, including, but not limited to, traffic generated by vehicles, pedestrians, bicyclists, transit and trail use. The scope of impact evaluation must also provide an analysis of the project's effect on the quality and level of service for all modes of transportation that are planned as part of the project or impacted by the project. The applicant shall provide notice to abutting municipalities. If the department determines as a result of these communications that the applicant has demonstrated that the proposed project satisfies the requirements of this section, including, but not limited to, standards adopted for projects that generate 100 to 200 passenger car equivalents at peak hour and the department determines that there are no other significant traffic-related issues presented, the department may issue a permit to the applicant without further proceedings. The department shall adopt rules establishing the submission requirementrequirements for a scoping meeting. Those rules must, at a minimum, establish 2 submission standards: one for an expedited review without further proceedings and one for a preliminary review with further proceedings anticipated. The rules must also establish the level of professional certification required by any submission and may not impose undue professional liability on the applicant.Rules adopted by the department pursuant to this paragraph must:
 
(1) Establish at least 2 submission standards: one for an expedited review without further proceedings and one for a preliminary review with further proceedings anticipated;
 
(2) Incorporate by reference as determined by the department trip analysis standards and procedures from the most recent editions of authoritative works and publications on trip generation such as the Institute of Transportation Engineers Trip Generation Manual; and
 
(3) Establish the level of professional certification required for any submission and in a manner that does not impose undue professional liability on the applicant.
 
SUMMARY
This bill amends the requirements for a traffic movement permit for a project by requiring the Department of Transportation to require all reasonable traffic mitigation measures that could avoid the expansion of a roadway. This bill requires an analysis of all modes of transportation affected by the project and a design to ensure that the project does not promote one mode of transportation in a way that negatively impacts another. This bill also requires the department to include within the scope of impact evaluation an analysis estimating the amount of vehicle, pedestrian, bicycle, transit and trail use that could be generated by the project.