Sec. 22. 7 MRSA §622, as enacted by PL 1975, c. 382, §3, is repealed.

Sec. 23. 7 MRSA §623, as amended by PL 1977, c. 78, §25, is further amended to read:

§623. Prior liability

The enactment of this subchapter shall does not have the effect of terminating or in any way modifying any liability, civil or criminal, which shall already be in existence on October 1, 1975.

Sec. 24. 7 MRSA §625, as enacted by PL 1989, c. 702, §1, is amended to read:

§625. Right-of-way spraying; no-spray agreements

Any public utility, or the Department of Transportation, which that maintains a right-of-way through a municipality shall offer a no-spray agreement, with reasonable provisions, for the municipality to consider if it desires. Any agreement negotiated may include, but is not limited to, the responsibilities of the parties, the allocation of costs and the rights and remedies of the parties in the event of default and may apply to all or any part of the right-of-way within the municipality. Any agreement reached under this section must be negotiated in good faith, written and signed by all parties. As part of the no-spray agreement, the municipality may either perform the vegetation control work to standards as provided in the agreement, or else contract with the public utility or the Department of Transportation to conduct the work.

If a reasonable no-spray agreement is offered to a municipality and an agreement is not reached within 90 days after the date of the offer, the public utility or the Department of Transportation at its own option may apply pesticides in the its right-of-way under its jurisdiction or use other methods to control the vegetation. If the municipality agrees to perform