‘Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  adequate, sustainable and predictable transportation funding is critical to the safety and economic well-being of all Maine citizens; and

Whereas,  funding for transportation infrastructure in Maine and the nation is seriously deficient; and

Whereas,  the shortfall of funding related to Maine’s state highway and bridge system is at least $150,000,000 per year, without consideration of general obligation bonding; and

Whereas,  general obligation bonding levels are unpredictable due to the current short-term focus of the process that determines bonding levels and priorities, a process that usually takes place late in a legislative session after finalization of the General Fund budget, if at all; and

Whereas,  higher fuel efficiency of vehicles and alternative fuel vehicles continue to erode the funding provided by per gallon fuel taxes and increase the inequity among drivers in terms of the fee paid per mile for use of the highway and bridge system; and

Whereas,  fuel prices are relatively low but surely will rise in the years ahead; and

Whereas,  approximately 30,000,000 people visit Maine each year, a state with a year-round population of about 1,300,000 people, and the capacity and a significant portion of the cost of Maine’s transportation system are driven by seasonal traffic volumes; and

Whereas,  through years of capital planning, prioritization and efficiency initiatives, the Department of Transportation has proven that it uses funding efficiently and effectively and can be trusted to do so with additional funding; and

Whereas,  federal transportation funding is unpredictable and a predictable long-term federal solution to Maine’s transportation funding problem is unlikely; and

Whereas,  other states are finding transportation funding solutions and the State of Maine has an obligation to all Maine citizens to seek solutions now; and

Whereas,  the Commission To Study Transportation Funding Reform established in this resolve is a bipartisan commission charged with analyzing options and recommending legislation and is the best way to reform and supplement transportation funding in Maine; and

Whereas,  the study must be initiated before the 90-day period expires in order that the study may be completed and a report submitted in time for submission to the next legislative session; 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

Sec. 1. Commission established. Resolved: That the Commission To Study Transportation Funding Reform, referred to in this resolve as "the commission," is established; and be it further

Sec. 2. Commission membership. Resolved: That the commission consists of 11 members as follows:

1. Three Legislators appointed by the President of the Senate, at least one of whom is from the party holding the 2nd largest number of seats in the Senate, including at least one member of the Joint Standing Committee on Transportation and one member of either the Joint Standing Committee on Appropriations and Financial Affairs or the Joint Standing Committee on Taxation;

2. Seven Legislators appointed by the Speaker of the House of Representatives, at least 3 of whom are from the party holding the 2nd largest number of seats in the House, including at least one member of the Joint Standing Committee on Transportation and one member of either the Joint Standing Committee on Appropriations and Financial Affairs or the Joint Standing Committee on Taxation; and

3. The Commissioner of Transportation, or the commissioner's designee; and be it further

Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the commission. The first-named Senate member must be from the Joint Standing Committee on Transportation and the first-named House member must be from the Joint Standing Committee on Transportation; and be it further

Sec. 4. Appointments; convening of commission. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. After appointment of all members, the chairs shall call and convene the first meeting of the commission. If 30 days or more after the effective date of this resolve a majority of but not all appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the commission to meet and conduct its business; and be it further

Sec. 5. Duties. Resolved: That the commission shall study how to reform and adequately supplement funding for the State's transportation infrastructure to promote equity, sustainability and predictability in a manner that allows the State to responsibly provide a safe and reliable state transportation system. The study must focus on funding the state highway and bridge system, but must also consider capital funding through bonding of multimodal infrastructure. The commission shall:

1. Determine funding levels necessary to achieve the highway and bridge capital goals set forth in the Maine Revised Statutes, Title 23, section 73, subsection 7, paragraphs A to D, including anticipated shortfalls, for the next 10 years;

2. Identify mechanisms that will increase the predictability of general obligation bonding levels for capital planning at the Department of Transportation for the state highway and bridge system and multimodal infrastructure for the next 10 years;

3. Identify mechanisms to address the erosion of Highway Fund receipts and the rising inequity among drivers caused by higher automobile fuel efficiency and alternative fuel vehicles, such as adding a registration fee surcharge on hybrid, electric or other alternative fuel passenger automobiles;

4. Consider a voluntary so-called "vehicle miles traveled" pilot program for passenger automobiles;

5. Identify methods to more equitably share the costs of the highway system between residents of this State and nonresidents, including exploring the feasibility of reducing year-round baseline gasoline tax rates and adding a seasonal gasoline tax surcharge;

6. Consider new highway tolling options;

7. Consider adding a wholesale fuel tax component, including options that would reduce baseline per gallon fuel tax rates;

8. Consider adjusting fuel tax rates, including options that can be implemented or eliminated as fuel prices rise due to market forces or increases to the federal fuel tax rates;

9. Consider dedicating a portion of sales tax receipts from transportation-related sales to transportation infrastructure;

10. Evaluate the likelihood, extent and time frame of possible future funds being dedicated to transportation infrastructure from revenues from potential additional casinos in the State; and

11. Invite knowledgeable stakeholders to provide written and oral comments on draft recommendations of the commission. Knowledgeable stakeholders must include representatives from the American Council of Engineering Companies of Maine, the Maine Section of the American Society of Civil Engineers, the Associated General Contractors of Maine, the Maine Automobile Dealers Association, the Maine Better Transportation Association, the Maine State Chamber of Commerce, the Mayors' Coalition on Jobs and Economic Development, the Maine Motor Transport Association, the Maine Municipal Association, the Maine Service Center Coalition, the Maine Tourism Association and the Maine Turnpike Authority.

The commission may meet up to 6 times. At least 3 meetings must allow public comment and be held at different locations to allow input from several regions in the State; and be it further

Sec. 6. Staff assistance. Resolved: That the Office of Policy and Legal Analysis and the Office of Fiscal and Program Review shall provide necessary staffing services to the commission; and be it further

Sec. 7. Report. Resolved: That, no later than December 2, 2015, the commission shall submit a report that includes its findings and recommendations, including suggested legislation, to the Joint Standing Committee on Transportation. The Joint Standing Committee on Transportation may submit legislation to the Second Regular Session of the 127th Legislature related to the report; and be it further

Sec. 8. Funding. Resolved: That the costs of the study must be provided from the Highway Fund by appropriation or allocation; and be it further

Sec. 9. Appropriations and allocations. Resolved: That the following appropriations and allocations are made.

LEGISLATURE

Study Commissions - Funding 0444

Initiative: Allocates funds on a one-time basis for the per diem costs and other expenses of 3 members of the Senate and 7 members of the House of Representatives to participate in up to 6 meetings of the Commission To Study Transportation Funding Reform during the interim between legislative sessions.

HIGHWAY FUND	2015-16	2016-17
Personal Services	$3,300	$0
All Other	$4,450	$0
HIGHWAY FUND TOTAL	$7,750	$0

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’