Whereas, under current law, the Department of Environmental Protection issues traffic movement permits pursuant to the site location of development laws; and

Whereas, Public Law 1995, chapter 704 requires that this permit- granting authority be transferred to the Department of Transportation beginning June 30, 1999; and

Whereas, this Act contains the necessary implementing legislation to accomplish this transfer of permit-granting authority; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

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

Sec. 1. 23 MRSA §651, 6th ¶, as enacted by PL 1991, c. 409, §3, is amended to read:

The department, at its discretion, may authorize a person, corporation or entity who has had conditions imposed by the Department of Environmental Protection pursuant to Title 38, section 484, subsection 2 pursuant to Title 23, section 704-A or by other governmental review to perform construction work on the state or state aid highway system and on town ways. The performance of the work must be in compliance with the department's standards for highway and bridge construction, traffic control and bonding and any other standards or conditions the department may impose. All of the department's expenses and administrative costs relating to the work must be paid by the person authorized to perform the work. Notwithstanding the Maine Tort Claims Act, Title 14, chapter 741, the State or its employees are immune from suit for damages arising from any activities performed in connection with this work.

Sec. 2. 23 MRSA §704-A is enacted to read:

§704-A.__Traffic movement permit

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.