Maine Revised Statutes

§1966. Obligations of the authority

The authority shall operate as follows. [1981, c. 595, §3 (NEW).]

1. General.  All expenses incurred in carrying out this chapter shall be paid solely from funds provided under the authority of this chapter, and no liability or obligation may be incurred under this chapter beyond the extent to which money shall have been provided under the authority of this chapter.
[ 1981, c. 595, §3 (NEW) .]
2. Coordination between authority and department on construction or reconstruction.  Construction or reconstruction of the turnpike and its connecting tunnels and bridges, overpasses, underpasses, interchanges and toll facilities must be coordinated with the department and performed in a fashion generally consistent with applicable department standards under oversight of professional engineers registered in the State. The department shall coordinate with the authority on all department projects that are likely to affect turnpike projects and operations.
Contractors and subcontractors on all authority construction and reconstruction projects must be equal opportunity employers and, in connection with contracts in excess of $250,000, also pursue in good faith affirmative action programs designed to remedy underrepresentation of minorities, women and persons with disabilities. The authority may by rule provide for the enforcement of this requirement. To the extent practical, the authority may use program and technical information developed by and available through the Department of Transportation to carry out this subsection.
All authority construction and reconstruction projects are governed by the prevailing wage provisions in Title 26, chapter 15.
[ 2011, c. 302, §11 (AMD) .]
2-A. Contracts for goods and services.  Except as otherwise permitted by law, contracts for goods and services must be awarded by the authority through a competitive procurement process. The requirement for competitive procurement may be waived:
A. By the executive director when the purchase is for $25,000 or less and the executive director determines that procurement from a single source is the most economical, effective and appropriate means of fulfilling a demonstrated need; [2011, c. 302, §12 (NEW).]
B. By the chair of the board when the chair determines that procurement is required by a state of emergency; or [2011, c. 302, §12 (NEW).]
C. By the board pursuant to a written finding that:
(1) Procurement from a single source is the most economical, effective and appropriate means of fulfilling a demonstrated need;
(2) The service or product is uniquely available from only one source; or
(3) Only one known source can meet the authority's needs within the required time. [2011, c. 302, §12 (NEW).]
[ 2011, c. 302, §12 (NEW) .]
2-B. Contracts for engineering services.  When bond indentures require the authority to appoint an engineering consultant who may thereby gain a disproportionate advantage when competing for other design and inspection contracts, the authority shall adopt policies to mitigate this advantage and promote a fair distribution of the available work among qualified competing applicants.
[ 2011, c. 302, §13 (NEW) .]
3. Bonds not to be pledges of State.  Turnpike revenue bonds issued under this chapter, including any notes or other evidences of indebtedness or obligations defined to be bonds under this chapter, shall not be deemed to be a debt of the State or a pledge of the faith and credit of the State, but these bonds shall be payable exclusively from the fund provided in this chapter for that purpose from tolls or other operating revenues. All these bonds shall contain a statement on their face that the State shall not be obligated to pay the same or the interest thereon and that the faith and credit of the State shall not be pledged to the payment of the principal of or interest or premium on such bonds. The issuance of bonds or refunding bonds under this chapter shall not directly or indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof or the interest or premium thereon.
[ 1981, c. 595, §3 (NEW) .]
4. Semiannual report. 
[ 2015, c. 5, §6 (RP) .]
5. Fair practices; affirmative action.  The authority is subject to and shall comply with Title 5, chapter 65.
[ 1991, c. 435, §2 (NEW) .]
SECTION HISTORY
1981, c. 595, §3 (NEW). 1987, c. 457, §4 (AMD). 1991, c. 435, §§1,2 (AMD). 1997, c. 743, §1 (AMD). 2011, c. 302, §§11-13 (AMD). 2015, c. 5, §6 (AMD).