Sec. 3. 23 MRSA §7103, sub-§1, as repealed and replaced by PL 1989, c. 398, §7, is amended to read:

1. Fund created. There is created the "Railroad Preservation and Assistance Fund," which shall receive receives all revenue derived from the tax levied pursuant to Title 36, chapter 361, except that no more than $150,000 from this revenue shall be deposited in the fund in any fiscal year fines collected pursuant to Title 29-A, section 2602, subsection 4, paragraph D and taxes paid under Title 36, section 1865. The fund shall is also be eligible to receive grants from other sources. The Treasurer of State shall receive and deposit all revenue to the fund in a separate account to be known as the Railroad Preservation and Assistance Fund.

Sec. 4. 23 MRSA §7107 is enacted to read:

§7107.__Dismantling of state-owned track

Except as provided in this section, the Department of Transportation may not dismantle or contract with a state agency or private entity for the dismantling of state-owned track.__When the department, in consultation with a regional economic planning entity and a regional transportation advisory committee established in accordance with rules adopted under section 73, subsection 4, determines that removal of a specific length of rail owned by the State will not have a negative impact on a region or on future economic opportunities for that region, the Commissioner of Transportation shall seek review and approval of the joint standing committee of the Legislature having jurisdiction over transportation matters prior to removal.

Sec. 5. 23 MRSA §7230, 3rd ¶, as enacted by PL 1989, c. 398, §8, is amended to read:

The State may provide annually each railroad corporation with a reimbursement payment. For at-grade crossings, the payment shall must be determined based on each railroad corporation's verified average cost for crossing maintenance multiplied by the number of eligible crossings, with a maximum payment of $1,500 $2,500 per crossing. For grade separation bridges, the payment shall be determined based on each railroad corporation's verified average maintenance cost for grade separation bridges multiplied by the number of eligible structures, with a maximum payment of $2,500 per structure.