PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Amend the Laws Governing Local Bridges
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §563, sub-§1, as enacted by PL 2001, c. 314, §2 and affected by §4, is amended to read:
 
1. Municipal-maintained structures.   For a structure for which a municipality has maintenance responsibility, the department shall advise the municipality of its inspection findings,and noted deficiencies and recommendations regarding posting or closure. The municipality has sole responsibility and authority to determine whether a structure must be posted or closed, except that the department may close the structure in cases of emergency or when the department reasonably determines closure is necessary to protect the traveling public from imminent hazard. If the department becomes aware of deficiencies in a structure that could impact posting or closure decisions, the department shall promptly notify the municipality. The department shall notify the municipality when a structure requires a posting or closure, and the municipality shall carry out the posting or closure. The department has the authority to post or close a structure to protect the traveling public from an imminent hazard. The municipality is responsible for all costs and expenses related to the posting and closure, including any needed notifications, procedures, signing and barricades.
Sec. 2. 23 MRSA §565, sub-§2, as enacted by PL 2001, c. 314, §2 and affected by §4, is amended to read:
 
2. Low use or redundant bridges on town ways.   A municipality has maintenance responsibility for all low use bridges on town ways and all redundant bridges on town ways.
 
For the capital improvement of a low use bridge on a town way or a redundant bridge on a town way located wholly within one municipality, the municipality shall pay 50% of the cost or 1% of its property valuation, whichever is less. For a bridge located on a town line, each municipality shall pay 25% of the cost of the capital improvement or 1% of its property valuation, whichever is less, unless the municipalities and the department agree otherwise. The department shall pay the remaining portion of the cost of the capital improvement subject to available funds.
Sec. 3. 23 MRSA §566, sub-§1, as enacted by PL 2001, c. 314, §2 and affected by §4, is amended to read:
 
1. Changes to structures.   If a structure is improved in a manner that affects whether it is defined as a minor span or a bridge, the responsibilities set forth in this subchapter regarding the structure do not change unless the department determines that there exists a reasonable engineering basis for the improvement and the department approves the design plans and specifications of the improvement prior to the construction. The design of the improvement to the structure must be in accordance with department standards and sealed by a professional engineer licensed under Title 32, chapter 19 to practice in this State. After construction, the department shall inspect the structure and, if the structure is found to conform with the approved design, the department shall accept responsibility for the structure. If the inspection reveals the structure was not improved in accordance with the department-approved design, the municipality shall make any necessary corrections to the structure required by the department so that responsibility for the structure is accepted by the department.
Sec. 4. 23 MRSA §566, sub-§2, as enacted by PL 2001, c. 314, §2 and affected by §4, is amended to read:
 
2. New structures.   If a municipality constructs a new bridge on a town way, the department shall assume the responsibilities set forth in the subchapter only if the department determines that there is a reasonable engineering basis for the bridge, as opposed to a minor span, and if the department approves the design and construction of the bridge prior to the construction of the bridge. The bridge must be designed in accordance with department standards and sealed by a professional engineer licensed under Title 32, chapter 19 to practice in this State. If the inspection reveals the bridge was not constructed in accordance with the department-approved design, the municipality shall make any necessary corrections to the bridge required by the department so that responsibility for the bridge is accepted by the department.
Sec. 5. 23 MRSA §567, as enacted by PL 2001, c. 314, §2 and affected by §4 and c. 667, Pt. C, §§20 and 22, is amended to read:
§ 567.Bridge capital improvement prioritieslist
The department shall bienniallyannually prepare a list of bridges that are eligible for capital improvement under this subchapter, arranged in priority order using accepted bridge management principles and as constrained by available funding. The department is the final arbiter as to whether any bridge is placed on the list. The department shall consult with municipalities regarding the manner of improving low use bridges on town ways and redundant bridges on town ways.
 
SUMMARY
This bill requires the Department of Transportation to notify a municipality when a bridge for which a municipality has maintenance responsibility requires a posting or closure and requires the municipality to carry out the posting or closure. Current law provides a municipality sole responsibility to determine whether such a bridge must be posted or closed. The bill provides that the department's responsibility to pay a portion of the cost of a capital improvement for a low use or redundant bridge on a town way is subject to available funds. It provides that in order for the department to accept certain responsibilities for an improved bridge or for a new bridge, the department must approve the design of the improvements or construction before the improvements are made or the bridge is constructed. The design of the improvements or construction must meet standards set by the department and be sealed by a professional engineer. The department must inspect the bridge after it is improved or constructed. The bill also changes how often the department must prepare a list of bridges that are eligible for capital improvement from biennially to annually and removes the requirement that this list be arranged in priority order using accepted bridge management principles.