Proposed Amendment to LD209

Resolve, to Direct the Department of Transportation to Implement the Recommendation of the Portland to Auburn Rail Use Advisory Council

Preamble. Whereas, the State Railroad Preservation and Assistance Act requires the Department of Transportation to seek legislative approval for any conversion of a state-owned rail corridor in which the department controls the right-of-way to a nonrail recreational or nonrecreational transportation use; and

Whereas, the Portland to Auburn Rail Use Advisory Council was formed in April 2022 pursuant to Maine Revised Statutes, Title 23, section 75, to review the section of the St. Lawrence and Atlantic rail corridor from mile post 0.0 in Portland to mile post 26.5 in Auburn, referred to as the Berlin Subdivision Rail Corridor, for potential nonrail use; and

Whereas, the Portland to Auburn Rail Use Advisory council convened and met for nine months from April 2022 through January 2023; and

Whereas, of the 13 members of the Portland to Auburn Rail Use Advisory Council to cast a vote, a majority of 7 members voted to recommend the conversion of 26.5 miles of the inactive Berlin Subdivision Rail Corridor to an interim bicycle and pedestrian trail; and

Whereas, any conversion to nonrail use is considered interim in nature and rail corridors are to be preserved for future rail use as provided under the State Railroad Preservation and Assistance Act; now, therefore be it:

Section 1. Trail construction on Berlin Subdivision Rail Corridor. Resolved: That, based on the recommendation of the Portland to Auburn Rail use Advisory Council, the Department of Transportation may permit the conversion of 26.5 miles of the Berlin Subdivision Rail Corridor to an interim bicycle and pedestrian trail.

SUMMARY

This resolve allows the Department of Transportation to permit an interim bicycle and pedestrian trail on 26.5 miles of the inactive Berlin Subdivision Rail Corridor, while preserving the corridor for future rail use.