An Act To Amend the Traffic Movement Permit Process To Incorporate a Multimodal Approach to Infrastructure Planning
Sec. 1. 23 MRSA §704-A, sub-§2, ¶¶A and B, as enacted by PL 1999, c. 468, §2, are amended to read:
(1) Determine that any traffic increase attributable to the proposed project will not result in unreasonable congestion or unsafe conditions on a road in the vicinity of the proposed project;
(2) Require all reasonable traffic mitigation measures related to the project that could avoid the expansion of the state highway system at the expense of the public;
(3) Require an analysis of all modes of transportation affected by the project and a design to ensure that the project balances the modes of transportation in a way that is appropriate to the context of the project;
(4) Require the applicant to demonstrate how the project conforms with each requirement listed under section 73, subsection 3; and
(5) For any project that generates over 200 passenger car equivalents at peak hour, hold a public hearing and require the applicant to incorporate any enhancements to infrastructure for modes of transportation other than passenger cars that appear warranted based on the information presented at the public hearing.
(1) Establish at least 2 submission standards: one for an expedited review without further proceedings and one for a preliminary review with further proceedings anticipated;
(2) Incorporate by reference as determined by the department trip analysis standards and procedures from the most recent editions of authoritative works and publications on trip generation such as the Institute of Transportation Engineers Trip Generation Manual; and
(3) Establish the level of professional certification required for any submission and in a manner that does not impose undue professional liability on the applicant.
SUMMARY
This bill amends the requirements for a traffic movement permit for a project by requiring the Department of Transportation to require all reasonable traffic mitigation measures that could avoid the expansion of a roadway. This bill requires an analysis of all modes of transportation affected by the project and a design to ensure that the project does not promote one mode of transportation in a way that negatively impacts another. This bill also requires the department to include within the scope of impact evaluation an analysis estimating the amount of vehicle, pedestrian, bicycle, transit and trail use that could be generated by the project.