HP0440, LD 621, item 1, An Act To Change the Tolling on the Maine Turnpike

An Act To Change the Tolling on the Maine Turnpike

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

Sec. 1. 23 MRSA §1973, sub-§3, as amended by PL 1995, c. 65, Pt. A, §63 and affected by §153 and Pt. C, §15, is further amended to read:

3. Tolls. Tolls , or and the fixing of tolls , is not rulemaking and is are not subject to supervision or regulation by any state commission, board or agency. Subject to subsection 4, the authority may fix and revise from time to time tolls for the use of the turnpike and the different parts or sections of the turnpike, and charge and collect the tolls, and contract with any person, partnership, association or corporation desiring the use of any part of the turnpike, including the right-of-way adjoining the paved portion. The tolls Tolls must be so fixed and adjusted as to provide a fund at least sufficient with other revenues of the turnpike, if any, to pay for each fiscal year:

A. The cost of maintaining, repairing and operating the turnpike, and providing and maintaining reasonable reserves for those costs;

B. The bonds and the interest on those bonds, and all sinking fund requirements, and other requirements provided by the resolution authorizing issuance of the bonds or by the trust indenture or loan or a security agreement as those bonds, interest, sinking fund requirements and other requirements become due;

C. Those sums for the purpose of maintaining, constructing or reconstructing access roads or portions of access roads that have been requested by the department and in the sole discretion of the authority are from time to time determined to warrant the expenditure of turnpike revenues; and

D. The cost of maintaining, constructing or reconstructing interchanges.

The authority may use any method for assessing and collecting tolls, including but not limited to toll tickets, barrier toll facilities, billing accounts, commuter passes and electronic recording or identification devices. The display of a recording or identification device issued or authorized by the authority for these purposes on or near the windshield of a motor vehicle is not a violation of a law or rule, including but not limited to Title 29-A, sections 1916 and 2082, unless the device is attached in a way that obstructs the driver's clear view of the highway or an intersecting highway.

Sec. 2. 23 MRSA §1973, sub-§4, as amended by PL 2011, c. 476, §4, is further amended to read:

4. Rates. The rate of toll at each toll facility listed under subsection 6 may be revised from time to time for the purposes under subsection 3. The authority shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

A-1. The authority is prohibited from imposing variable surcharges based on the time of day.

B. A reduction in the rates of fees, fares and tolls may be given to any class of vehicle based upon volume of use.

C. The authority shall establish a system of commuter discounts based on a minimum of 32 trips per month per vehicle to provide passenger vehicles with a toll rate that is 50% of the passenger vehicle cash toll rate or equal to the passenger vehicle electronic toll rate, whichever is less.

Sec. 3. 23 MRSA §1973, sub-§6 is enacted to read:

6. Toll facilities. The authority shall operate 6 toll collection facilities at the following locations on the turnpike:

A. In the Town of York at mile 7.3, or its successor;

B. Upon exit from the turnpike at the Interstate 295 interchange in the City of Portland at mile 44.3, or its successor;

C. Upon exit from the turnpike at the Interstate 295 interchange in the Town of Falmouth at mile 51.6, or its successor;

D. In the Town of New Gloucester at mile 67, or its successor;

E. In the Town of West Gardiner at mile 100.2, or its successor; and

F. At the Interstate 295 interchange in the City of Gardiner at mile 103, or its successor.

Sec. 4. Discontinuance of toll facilities. The Maine Turnpike Authority shall discontinue the operation of all toll collection facilities except for those listed under the Maine Revised Statutes, Title 23, section 1973, subsection 6. This section does not apply to devices installed at entry and exit locations on the Maine Turnpike used for the purposes of calculating mileage for electronic tolling.

Sec. 5. Toll rates; electronic. The Maine Turnpike Authority shall adopt an electronic toll rate for a passenger vehicle of 8¢ per mile and shall adjust the electronic toll rates for all other vehicle classes proportionally based on the passenger vehicle electronic toll rate. The authority may adjust toll rates in this section if the authority is unable to meet its obligations under the Maine Revised Statutes, Title 23, section 1973, subsection 3.

Sec. 6. Toll rates; cash. The Maine Turnpike Authority shall adopt the following cash toll rates for passenger vehicles to take effect January 1, 2014: $4 at the barrier toll facility in the Town of York at mile 7.3; $2 upon exit from the turnpike at the Interstate 295 interchange in the City of Portland at mile 44.3; $2 upon exit from the turnpike at the Interstate 295 interchange in the Town of Falmouth at mile 51.6; $3 at the barrier toll facility in Town of New Gloucester at mile 67; $3 at the barrier toll facility in the Town of West Gardiner at mile 100.2; and $1 at the Interstate 295 interchange in the City of Gardiner at mile 103. The cash toll rate for all other vehicle classes must be adjusted proportionally based on the passenger vehicle cash toll rates. The authority may adjust toll rates in this section if the authority is unable to meet its obligations under the Maine Revised Statutes, Title 23, section 1973, subsection 3. If more toll revenue is required, the authority shall first increase cash toll rates at the barrier toll facility in York. If less toll revenue is required, the authority shall first decrease toll rates at the barrier toll facilities in the Town of New Gloucester and the Town of West Gardiner.

Sec. 7. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 23, section 1973, sections 1 and 4 and enact Title 23, section 1973, subsection 6 take effect January 1, 2014.

summary

This bill directs the Maine Turnpike Authority to discontinue all toll facilities on the Maine Turnpike except for 6 toll collection facilities at the following locations: in the Town of York at mile 7.3; upon exit from the turnpike at the Interstate 295 interchange in the City of Portland at mile 44.3; upon exit from the turnpike at the Interstate 295 interchange in the Town of Falmouth at mile 51.6; in the Town of New Gloucester at mile 67; in the Town of West Gardiner at mile 100.2; and at the Interstate 295 interchange in the City of Gardiner at mile 103. The bill directs the Maine Turnpike Authority to adopt major substantive rules, which are subject to review by the Legislature, governing toll rates on the Maine Turnpike. The bill directs the Maine Turnpike Authority to adopt a toll schedule, but authorizes the authority to adjust toll rates if the authority is unable to meet certain obligations under current law.

HP0440 LD 621	Session - 126th Maine Legislature		LR 940 Item 1
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