HP0530, LD 779, item 1, An Act To Require a Public Notification and Hearing Process before Any Toll Increase by the Maine Turnpike Authority and Establish a Formal Grievance Process

An Act To Require a Public Notification and Hearing Process before Any Toll Increase by the Maine Turnpike Authority and Establish a Formal Grievance Process

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

Sec. 1. 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 may be revised from time to time subject to the conditions of this subsection.

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. Not less than 60 days prior to voting on and instituting an increase in the rate of a toll, the board shall:

(1) Provide notice of the proposed increase in the rate of the toll to the Governor and the Legislature and pursuant to Title 1, section 406, including publishing the notice on the authority's publicly accessible website; and

(2) Hold public hearings on the proposed increase in the rate of the toll in at least 3 municipalities in geographically diverse locations in the State that will be affected by the increase in the rate of the toll.

The provisions of this paragraph do not apply in the event of a natural disaster or other emergency.

D. An increase in the rate of a toll implemented in violation of paragraph C is void and may not take effect. The Attorney General shall enforce the provisions of paragraph C by bringing an action in the Superior Court of Kennebec County to enjoin the authority from instituting any increase in the rate of a toll that has been implemented in violation of paragraph C.

Sec. 2. 23 MRSA §1984 is enacted to read:

§ 1984. Grievance process

The authority shall maintain a formal grievance process to receive complaints from the public about the board, the authority or the turnpike. Complaints must be made in writing. The authority shall make public all complaints filed pursuant to the grievance process under this section and every 2 years report all complaints filed to the joint standing committee of the Legislature having jurisdiction over transportation matters.

Sec. 3. Rules. The Maine Turnpike Authority shall adopt rules to carry out the provisions of this Act. Rules adopted pursuant to this section are routine technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

summary

This bill requires that the Maine Turnpike Authority provide notice and hold public hearings in at least 3 municipalities no later than 60 days before voting on and instituting a toll increase and establishes a grievance process to receive complaints from the public.

HP0530 LD 779	Session - 126th Maine Legislature		LR 993 Item 1
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