| | | Emergency preamble. Whereas, acts of the Legislature do not become | | effective until 90 days after adjournment unless enacted as | | emergencies; and |
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| | | Whereas, federal funds may be lost if this Act is not adopted as | | an emergency; and |
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| | | 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, |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 23 MRSA §57-B is enacted to read: |
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| | | §57-B.__Payment for cost of relocating utility facilities |
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| | | 1.__Reimbursements.__The department may reimburse a utility | | that is required to move or relocate its facilities as a result | | of any highway construction project to the extent such payments | | by the department are in turn eligible for reimbursement from | | federal funds under 23 United States Code, Section 123.__The | | reimbursement may be only for the cost of the relocation as | | defined in 23 United States Code, Section 123.__For purposes of | | this section, "utility" has the same meaning as defined in 23 | | United States Code, Section 123. |
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| | | The department may inspect the books of account of the utility as | | necessary to determine the reimbursable costs. |
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| | | Payments to utilities made pursuant to this section must be paid | | from the General Highway Fund operating capital under the | | direction of the department.__All reimbursements of such payments | | received by the department from the Federal Government pursuant | | to 23 United States Code, Section 123 must be deposited in the | | General Highway Fund operating capital.__The amount paid in any | | biennium under this section may not exceed federal funds | | available under 23 United States Code, Section 123 to reimburse | | the State in that biennium. |
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| | | 2.__Rules.__The department may adopt rules necessary to | | implement this section, including, but not limited to, rules | | governing the determination of the cost of relocation.__The rules | | must be consistent with any applicable federal regulations | | relating to the cost of relocation and with rules adopted | | pursuant to section 255.__Rules adopted pursuant to this section |
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