Stop the East-West Corridor gets a boost from Revised Transportation Law

The bill that is expected to prevent future development of Cianbro’s East-West Highway and Industrial Corridor idea passed into law unsigned by the Governor on June 26. The bill revises the controversial public-private partnership law for transportation projects to clarify that P3’s must comply with Maine’s Sensible Transportation Policy, which has guided Maine Transportation Policy and the Department of Transportation since 1991. The bill, LD 1168 was sponsored by Senator Paul Davis, R-Piscataquis, and broadly supported by opponents to the East-West Corridor, environmentalists, sportsmen and women, and small business owners. Opponents say that requiring Cianbro’s East-West Corridor proposal to meet the criteria outlined in the Sensible Transportation Policy Act will be impossible for the developers.

 

“We’ve been following this for over 3 years,” said Stop the East-West Corridor’s statewide coordinator Chris Buchanan. “We have read Cianbro’s proposal and attended most of Peter Vigue and Darryl Brown’s presentations, and we’ve been honest with people about what they say. Most people don’t like the idea.”

 

“This law makes it necessary for Cianbro, or any other private development corporation, to have public support before moving forward with a significant transportation project that profits them.” The bill created a reporting requirement so that both lawmakers and the public are informed annually by the Department about contracted public-private partnerships. “We believe that is important for transparency and accountability,” said Buchanan.

 

“The need for state legislation has been clearly demonstrated by the actions taken by local communities to enact local laws designed to protect their community from the proposed East-West Corridor when adequate state policy has been sorely lacking. Eight communities have overwhelmingly passed some form of local ordinance, be it a moratorium, referendum, local-self governance, or land use ordinance. These communities so far include: Abbot, Charleston, Dexter, Dover-Foxcroft, Garland, Monson, Parkman, and Sangerville,” Buchanan said.

 

“It is remarkable that so many local residents are taking the initiative to protect themselves. It is telling how many people feel threatened and left vulnerable by Maine’s existing state laws. LD 1168 creates some protection for people who don’t want the highway part of Cianbro’s Corridor plan,” Buchanan said.

 

Over the past three years, Stop the East-West Corridor has focused on developing resources, advocating for transparency, and supporting a statewide coalition of decentralized local resistance to the proposed East-West Corridor. The website, stopthecorridor.org, describes members as, “A coalition of Maine residents.”

 

###

Roadblock for East-West Highway/Corridor passed by the Maine Legislature

View original article by Jym St. Pierre on Maine Environmental News

A bill intended to slow down, if not stop, the East-West highway and utility corridor proposed by Cianbro corporation executives has been passed by both houses of the Maine Legislature.

The original bill, LD 1168, would have prohibited the use of eminent domain for the development, operation, management, ownership, leasing or maintenance of a transportation facility as a public-private partnership project. It also would have prohibited the use of eminent domain by a private business entity involved in a public-private partnership.

Grassroots activists, led by the Stop the East-West Corridor (STEWC), have been working for legislation to better regulate potential public-private partnership transportation projects. They negotiated a compromise with the Maine Department of Transportation (MDOT) to clarify language in state statute that stipulates public-private partnership projects must comply with the Maine’s Sensible Transportation Policy Act.

According to Chris Buchanan, Statewide Coordinator of STEWC, “This bill closes previously unaddressed loopholes and shortcomings in our law that became apparent when the East-West Corridor proposal came to the table.”

On Friday, June 12, the Maine House gave its final blessing to the bill. On Monday, June 15, the Maine Senate concurred.

Even though MDOT under the LePage Administration supports the bill, Gov. Paul LePage is expected to veto it just because he can.

HELP KILL THE EWC! Action needed now on our bill.

Help protect Maine people and the environment from unnecessary new transportation infrastructure

(like the East-West Corridor)

 

Call your Senators and Representatives and ask them to vote, “ought to pass” on LD 1168 today!

 

Click here for a CONTACT LIST for all Senators and Representatives: https://docs.google.com/spreadsheets/d/1WBJaw1Hvmr0n0DSVVS_CBXA1ug1_lLw0-L26MbrPVdE/pubhtml?usp=gmail

 

Please take notice: LD 1168 has changed from a focus on eminent domain to a focus on improving the P3 law. There are several reasons for this. Primarily, we want to achieve some protection THIS SESSION. Please contact us to discuss.

 

New Talking Points for LD 1168

 

LD 1168 as amended makes some significant improvements to the public-private partnership law for transportation projects (P3) to improve protection of the public interest.  This amended bill was a joint effort between Stop the East-West Corridor, the Department of Transportation, and Sen. Paul Davis.

 

LD 1168 clarifies that P3s must be in accordance with the Sensible Transportation Policy Act (section 73).  The P3 should comply with the STPA because it is the guiding statute dictating appropriate transportation development in Maine, with guidelines for protecting the public interest in significant transportation development. That means more safeguards for water resources, farmland, wildlife, natural resources, rural character, tourism, state and municipal resources, and taxpayer money from unnecessary transportation infrastructure like the East-West Corridor.

 

LD 1168 calls for an annual reporting requirement, which enables some public participation and accountability to lawmakers on authorized P3 projects.  Right now, P3 projects only require legislative authorization at a draft stage, and then never need to be seen again.  Since P3 projects may use up to 50% taxpayer money and other state resources, ongoing legislative and public oversight is critical.

 

LD 1168 clarifies that the department may not confer eminent domain power to a private entity.  According to the Chief Deputy Attorney General, Linda Pistner, this potential abuse of eminent domain power is currently unclear in Maine State law, so we are fixing that.

 

 

To view Maine’s existing P3 law, visit: http://legislature.maine.gov/statutes/23/title23sec4251.html

 

To view Maine’s Sensible Transportation Policy Act (section 73), visit:

http://legislature.maine.gov/legis/statutes/23/title23sec73.html

 

To view an amended version of LD 1168, see the attachment.

 

Click here for a CONTACT LIST for all Senators and Representatives: https://docs.google.com/spreadsheets/d/1WBJaw1Hvmr0n0DSVVS_CBXA1ug1_lLw0-L26MbrPVdE/pubhtml?usp=gmail

 

Thank you for your concern and your support!

 

 

Questions? Contact:

 

Chris Buchanan                                                             Jane Crosen

Statewide Coordinator, STEWC                                 Eastern Outreach, STEWC

Maine Coordinator, Defending Water for Life         jcrosenmaps(at)gmail(dot)com

chris(at)defendingwater(dot)net                                           (207) 326-4850

(207) 495-3648

 

 

For more information about Stop the East-West Corridor and the East-West Corridor proposal in general, please visit: www.stopthecorridor.org

LIKE us on Facebook: Stop the East-West Corridor

Updates on LD 1168 & STEWC Testimony

Note to readers: There are two email postings listed first, and then STEWC’s Testimony on LD 1168 is listed last.
On Mon, May 4, 2015 at 9:33 AM, Chris Buchanan <chris(at)defendingwater(dot)net> wrote:
Hi all,

I hope everyone enjoyed the beautiful weekend!  I was up in Sangerville yesterday and everything seemed so alive.  I love seeing the yard sales starting up again.  I hope everyone’s appreciating the sunshine as much as I am!
I wanted to follow up on the previous email about LD 1168 with the reminder that you may still submit written testimony to the Judiciary Committee and call, meet, or email them about the bill before the work session on May 12.
You may build off of the suggestions I made to them in my testimony, use the talking points, or speak from your heart about your own experience with eminent domain, especially the misuse of eminent domain for a transportation project.
Attached are the same resources I’ve sent before, hoping that it’s helpful.
Also, for those of you who read my testimony and noticed that I referenced MDOT’s statewide outreach coordinators who are supposedly being employed by us (taxpayers) to receive ideas, I was intending to attach the MDOT handout as well but the file is too large, so please give a shout if you want to take a look.  You can also find it on the MDOT website.
peace, Chris
On Fri, May 1, 2015 at 10:51 AM, Chris Buchanan <chris(at)defendingwater(dot)net> wrote:

Hi everyone,

Thanks to those of you who submitted testimony and/or came to the State House yesterday to testify on LD 1168 to prevent eminent domain from being used by a private entity through a public private partnership.
My sense was that the committee listened closely to our testimony and is interested in doing something with this bill during the work session.  This is a stark contrast to the mostly unresponsive and seemingly disinterested tranportation committee on LD 506, in my opinion.
The work session will be May 12 at 5pm in the Judiciary Committee, Room 438 of the State House.  During the work session, members must ask members of the audience to comment, there is no open public comment.  I am going to make an effort to meet with a couple committee members before the work session and I am hoping they invite me to provide additional information.
I have asked members of the group, “Maine Matters,” to videotape the session.  It is the time they deliberate and make a decision, and therefore important to record for accountability and learning purposes.
Here is the link where everyone’s testimony will be posted on LD 1168.  They are behind, so it’s not up yet.  I will attach my testimony on behalf of STEWC for those of you interested and encourage others to do so. The only testimony against the bill before the committee was by Nina Fisher of the MDOT.
Have a great weekend everyone and hope to see many of you at the steering committee meeting next week!
Remember anybody can post relevant info about the Corridor to this list, (except for articles unless you provide a description) by emailing your info directly to: stop_the_east_west_corridor@lists.riseup.net
no corridor, no compromise!  Chris

Stop the East-West Corridor

www.stopthecorridor.org

Testimony in Favor of LD 1168                                                               April 30, 2015

 

Dear Senator Burns, Representative Hobbins, and Honorable Members of the Judiciary Committee,

 

Thank you for hearing our comments today on LD 1168. My name is Chris Buchanan, I live in Belgrade, and I am testifying in favor of LD 1168 as the Statewide Coordinator of Stop the East-West Corridor. Stop the East-West Corridor, or STEWC, is a resource and communication hub for a decentralized coalition of Maine residents and organizations who share a multitude of concerns about the private or public-private East-West Corridor proposal that has been introduced to communities around the State and in New Brunswick by Cianbro CEO Peter Vigue and Cianbro Project Manager Darryl Brown.

 

We have also received permission from the Maine Association of Planners to express their support for LD 1168. They are unable to provide testimony due to resource constraints.

 

We are grateful for Senator Davis’s leadership and commitment to the desires of his constituents to provide protection from eminent domain for a transportation project like the East-West Corridor. The Corridor is unfounded in public planning or public need, and is in fact hugely unpopular. Abbot, Charleston, Dexter, Dover-Foxcroft, Garland, Monson, Parkman, and Sangerville, eight communities, have now passed a local ordinance, be it a moratorium, referendum, local-self governance, or land use ordinance, to develop local protection. These actions clearly demonstrate a sense of vulnerability and the need for adequate state policy.

 

As it stands, the only existing legal statute that may authorize development of the Corridor is the Public-Private-Partnership law for Transportation Projects, Title 23 §4251, which is why we continue to address the shortcomings in this law.

 

Eminent domain powers for significant transportation projects should be limited to government agencies acting on behalf of the public.   While LD 1168 effectively seeks to provide this protection, I have been informed by Maine Department of Transportation legislative liaison Nina Fisher that the Department wants to maintain eminent domain authority for private entities under the Public-Private-Partnership Law (Title 23, §4251).   Although we disagree for several reasons and ask this committee to make the changes outlined by LD 1168, we also want to offer the Committee the option to simply eliminate unsolicited proposals from 23 §4251, ensuring that all PPPs are solicited by the Department.

 

Maine’s Sensible Transportation Policy Act (STPA, Title 23 §73) is the guiding law for transportation planning, development, and maintenance in our State. However, the PPP law created a parallel legal pathway for significant transportation development that sidesteps the STPA. Although 23 §4251 sec. 4-I states that a PPP “must comply with…applicable…state…laws…”, sec. 3 states, “Notwithstanding any other provision of law…”. The PPP is an explicit provision of law that defines a different process. Also, the two laws blatantly contradict each other in both their reporting requirements (transparent vs. confidential), and public input process (lengthy public input to the Department vs. one public hearing before the Transportation Committee). The PPP also allows leveraging of up to 50% public taxpayer subsidy, and eminent domain powers to private entities for solicited and unsolicited proposals. If the legal pathway for unsolicited proposals were eliminated, only proposals initiated by the Department could access the extensive powers listed above, including eminent domain.

 

The Department’s Deputy Commissioner, Jon Nass, expressed concern about eliminating unsolicited proposals in his testimony before the Transportation Committee earlier this session on LD 506, stating that, “Unsolicited, industry based ideas are key to the PPP law. MaineDOT appreciates good ideas regardless of where they originate.”

The suggestion that eliminating a legal pathway for unsolicited proposals is the same as eliminating private-sector ideas is simply inaccurate and misleading. No proposed or existing laws prohibit consideration of private-sector ideas. On the contrary, the Department has regional outreach coordinators responsible for receiving unsolicited ideas from all over the State, outlined in their brochure, enclosed. Regardless of its origin, the Department may pursue a viable idea that is grounded in Department planning and supported by stakeholders through the PPP statute by soliciting proposals. Eliminating unsolicited proposals in the PPP will ensure that eminent domain may only be used on projects that have gone through an appropriate accountability process with Department oversight.

 

Several of these points are also clearly stated in Rep. Ralph Chapman’s letter to the Transportation Committee for the work session on LD 506, which is enclosed in your packet.

 

If the Department remains concerned about eliminating unsolicited proposals from 23 §4251 for the reasons they have expressed, we suggest simply adding the language, to 23 §4251 sec. 2 stating, “Nothing in this section is intended to prohibit the department from receiving ideas, or to prohibit or otherwise affect programs that do not meet the criteria of this subsection.” Enclosed in our testimony is a draft to reflect these suggestions.

 

We urge you to vote ought to pass on LD 1168, or consider this alternate proposal. Thank you very much for your time. I would be happy to answer questions or discuss details with members of this committee at any time.

 

Respectfully submitted,

 

 

 

Chris Buchanan

Statewide Coordinator, Stop the East-West Corridor www.stopthecorridor.org

(207) 495-3648

chris(at)defendingwater(d0t)net

New bills to preserve State control over transportation development, and eminent domain

Op-Ed by Chris Buchanan | March 25, 2015

The proposed East-West Transportation, Communications, and Utilities Corridor has raised important public policy questions regarding the state’s transportation policy. Two bills have been introduced by our Maine legislators to ensure the proper role for the state in transportation planning, maintenance, and development, without increasing regulations or stymying infrastructure that is desired by local people. The bills would create an equal playing field for all significant transportation proposals that may utilize the Public-Private-Partnership law.

LD506, An Act to Improve Public-Private Transportation Partnerships, introduced by Rep. Ralph Chapman (D-Brooksville) and cosponsored by Senator Paul Davis (R-Piscataquis), will be heard by the Transportation Committee on Thursday, March 26. The bill’s summary states:“This bill changes the law governing public-private partnerships to develop transportation facilities by removing the Department of Transportation’s authority to receive unsolicited proposals and to limit those proposals solicited by the department to those in accordance with the Sensible Transportation Policy Act.”

LR 373, An Act to Prohibit the Delegation of Eminent Domain Power to Private Entities sponsored by Sen. Paul Davis prevents eminent domain from being used by a private entity for transportation projects, or in certain Public-Private Partnerships (PPP) on behalf of a private entity.

The need for state legislation has been clearly demonstrated by the actions taken by local communities to enact local laws designed to protect their community from the proposed East-West Corridor when adequate state policy has been lacking. Eight communities have passed a local ordinance, be it a moratorium, referendum, local-self governance, or land use ordinance. These communities so far include: Abbot, Charleston, Dexter, Dover-Foxcroft, Garland, Monson, Parkman, and Sangerville.

In addition, local people of all political persuasions have formed groups in opposition to the proposed Corridor. One such group started by Grandmothers from Charleston, “Grandmothers against the East-West Corridor,” get together every fourth Friday to lead a silent vigil in front of Cianbro’s Pittsfield headquarters. All this is telling how many people feel threatened and left vulnerable by Maine’s existing state laws.

Over the past three years, Stop the East-West Corridor has focused on developing resources, advocating for transparency, and supporting decentralized local resistance to the proposed East-West Corridor. We are all Maine residents working together to help support people with a variety of concerns, who are still unable to find answers to their questions from private or public officials. We appreciate that our state legislators are sponsoring these bills in response.

It is time for the state to ensure that we don’t have any more unfounded proposals which waste taxpayers time, money, and resources the way the East-West Corridor is. The bills introduced by Senator Davis and Representative Chapman go a long way to address this problem and deserve the support of all the people of Maine.

Although Cianbro has been mostly quiet about its progress, Cianbro President and COO Andi Vigue voiced continued support and commitment to the Corridor in a WABI-TV 5 news broadcast on June 16, 2014, and Maine Magazine published a feature piece in the May 2014 issue with a photo of Cianbro CEO Peter Vigue in Wesley where the Corridor would “cross Route 9”. Like an inexplicable dark cloud on the horizon that never goes away, the Corridor proposal lingers.

The fact that the East-West Corridor is not in the public’s best interest was well documented by the state in its 1999 Feasibility Studies of an East-West Highway. These studies explored environmental impacts and socio economic impacts of a new-build public toll highway from Calais to Coburn Gore, along with several other options. In the end, the state concluded that the new build option would create the most environmental impact, would not significantly increase manufacturing, would not stop out-migration of population, and was likely to create a negative bypass effect on rural downtowns, especially in Washington County that is primarily served by East-West roads.

The pricetag for construction at that time was $1.2 billion, although the total costs, incorporating all these factors and not just money, were estimated at $439,239 in 2015 and $229,691 in 2030 per job created. Therefore, the state concluded that the costs outweighed the benefits. In other words, there was an overall negative economic impact of that new build public toll highway. Instead, the state decided to improve Routes 9 and 2, a plan that the MDOT is still pursuing.

Why then are we still having to mobilize against this ill-conceived proposal for the East-West Corridor? It is time for reasonable state laws that prioritize the public interest in planning state transportation infrastructure.

Chris Buchanan is the Statewide Coordinator of STEWC and Maine Coordinator of Defending Water for Life, and lives in Belgrade. More info at www.stopthecorridor.org

Template Organizational Outreach letter LD 506 & LR 373

Dear [organization / municipality],

Stop the East-West Corridor (STEWC) is advocating for two bills this legislative session that we hope you will consider supporting:

LD 506, An Act to Improve Public Private Partnerships , sponsored by Rep. Ralph Chapman (D-Brooksville), cosponsored by Sen. Paul Davis (R-Piscataquis), Public Hearing Scheduled for Thursday, March 26 at 1pm in State House Room 126; and,

LR 373, An Act to Prohibit the Delegation of Eminent Domain Power to Private Entities, sponsored by Sen. Paul Davis (R-Piscataquis)*.

*(Note: LR 373 is still a preliminary bill number. You will not be able to find information online about LR 373 until we receive the final LD number, which we will share with you as soon as we receive it.)

Enclosed are our talking points on both bills for your consideration, as well as detailed information for supporting LD 506.

Over the past three years STEWC has focused on developing resources, advocating for transparency, and supporting a statewide coalition of decentralized local resistance to the proposed East-West Corridor. We help support people with a tremendous variety of concerns, who are still unable to find answers to their questions from private or public officials. Challenges presented by the Corridor taught us about critical shortcomings in Maine’s State laws.

LD 506 and LR 373 improve public policy by addressing problematic loopholes. The bills provide tools for dealing with unwanted transportation development in Maine, without stymying infrastructure that is desired by local people, by prioritizing the public’s best interest in transportation planning, maintenance, and development:

LD 506 eliminates unsolicited proposals from the Public-Private-Partnership for Transportation Projects Law , and explicitly states that transportation PPPs follow the Sensible Transportation Policy Act ;

LR 373 prevents eminent domain from being used by a private entity, or in certain Public-Private Partnerships (PPP) on behalf of a private entity, by amending the Public-Private-Partnership for Transportation Projects Law , and the law that restricts eminent domain use .

To develop a degree of protection from the Corridor, eight communities have overwhelmingly passed some form of local ordinance, be it a moratorium, referendum, local-self governance, or land use ordinance. These communities so far include: Abbot, Charleston, Dexter, Dover-Foxcroft, Garland, Monson, Parkman, and Sangerville. While it is remarkable that so many local residents took the initiative to protect themselves, it is telling how many people felt threatened and left vulnerable by Maine’s existing State laws.

We view the East-West Corridor issue as an educational opportunity, and a tool to bring our laws up to speed to address the realities of the 21st century. We hope you will join us in supporting these bills when they come before the Transportation Committee (LD 506 – Thursday, March 26th at 1pm in the State House, Room 126), and Judiciary Committee (LR 373 – TBD).

Detailed information for supporting LD 506, An Act to Improve Public Private Partnerships, is enclosed.

When we receive the final bill number for LR 373 and the official bill language, we may contact you with the following information:
1) Bill number, title, and language
2) Updated talking point suggestions for legislators
3) Instructions on how to officially submit written testimony to the Judiciary Committee
4) Contact information for individual members of the Judiciary Committee
5) Pending notification of a date—public hearing information and how to present oral testimony before the Judiciary Committee

Thank you for considering support for this legislation, and for distributing this information if you are inclined. We would like to make our best effort to educate your organization or municipality about these bills. Please contact us if you have questions, to receive legislative updates, or to set up a meeting. For more general information about STEWC, to follow legislative updates online, or to join our email notification list, please visit http://www.stopthecorridor.org. Thank you!

Sincerely,

Chris Buchanan Jane Crosen
Statewide Coordinator, STEWC Eastern Outreach, STEWC
Maine Coordinator, Defending Water for Life jcrosenmaps(at)gmail.com
chris(at)defendingwater.net (207) 326-4850
(207) 495-3648

[Enclosures (4): How to Submit Testimony; Talking Points LD 506; Transportation Committee Contacts; Talking Points LR 373]

Take Action on LD 506! Hearing this Thursday, March 26th at 1pm

How to Take Action on LD 506
An Act to Improve Public Private Partnerships
sponsored by Rep. Ralph Chapman (D-Brooksville)
cosponsored by Sen. Paul Davis (R-Piscataquis)

Educate yourself. By reading LD 506, by clicking HERE, by contacting us*, or by typing this web address into your browser: http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP0345&item=1&snum=127

Review our Talking Point Suggestions for LD 506. These are intended to help you develop testimony that resonates with you and with lawmakers. You can find them attached to this message, online at www.stopthecorridor.org, or contact us and we will forward them*.

Contact Transportation Committee Members and ask them to support LD 506.

Best formula: Contact members + Submit Testimony + Attend Public Hearing

Please know that any part you do will be helpful! Here are all the bases:

1) Contact committee members individually and ask them to support LD 506. In person or by phone is best, but email is good too. Committee contact information is attached, and at www.stopthecorridor.org.

2) Submit official written testimony in one or more of the following ways:
A. At the Public Hearing, please bring at least 20 copies of your testimony and give them to the committee clerk.
B. Submit written testimony to the Transportation Committee by email: darlene.simoneau@legislature.maine.gov.
C. Submit written testimony to the Transportation Committee by post:
Darlene Simoneau, Transportation Committee Clerk, 100 State House Station, Augusta, Maine 04333.
D. Note, officially submitting written testimony is the only way that your input goes on the public record. The deadline for submissions will be the Work Session on LD 506, which is not yet scheduled. However, we recommend that testimony be submitted before the Public Hearing on March 26th. Your testimony will have the most impact if hard copies are received by the clerk in time to insert in committee file folders before the hearing.

3) Testify before the Transportation Committee at the Public Hearing on Thursday, March 26th at 1pm in the State House, Room 126 in three minutes or less. You may summarize your written testimony, or speak from your heart. The committee will not answer questions. The more support at the public hearing, the better, whether you decide to orally testify or not.

Join our Press Conference. Tentatively planned before the Public Hearing…stay tuned!

*Contact us:
Chris Buchanan Jane Crosen
Statewide Coordinator, STEWC Eastern Outreach, STEWC
Maine Coordinator, Defending Water for Life jcrosenmaps@gmail.com
chris@defendingwater.net (207) 326-4850
(207) 495-3648

LD 506, An Act to Improve Public-Private Transportation Partnerships,
sponsored by Rep. Ralph Chapman (D-Brooksville),
cosponsored by Sen. Paul Davis (R-Piscataquis)

Concept:
LD 506 completely eliminates unsolicited proposals from the Public-Private-Partnership (PPP) Law and explicitly states that the Public-Private-Partnership Law for Transportation Projects must be consistent with the Maine Sensible Transportation Policy Act .

Talking points:
• This bill does not change, limit, or restrict the Maine Department of Transportation’s ability to develop a PPP for transportation infrastructure.

• This bill closes a loophole in the existing law by ensuring that all proposals to develop a PPP for transportation infrastructure would be initiated by the MDOT, and therefore would be consistent with public need, state planning, and existing laws.

• This bill preserves State control, oversight, and accountability for transportation planning and infrastructure development.

• This bill clarifies and preserves MDOT authority to represent the interests of the people of Maine.

• A private entity should not have the power to initiate proposals for new transportation infrastructure that is estimated to exceed $25,000,000 in initial capital cost, or that places tolls on new transportation facilities or on existing ones that were not previously subject to tolls.

• This bill prevents waste of taxpayer money. Taxpayers should not be funding the time and resources of MDOT staff who must interface with the public, and possibly the developer, about unsolicited proposals that aren’t grounded in State planning.

• The legislature must act to pass LD 506 and related legislation, LR 373, before there is any foreign investment in a public-private-partnership or private proposal to build a transportation corridor in order to avoid triggering the “investor-to-state” provision of trade agreements which gives foreign investors the right to sue the state in order to protect their “right” to future profits.
o Cianbro officials have stated that the Corridor would be owned and operated by at least one of twenty-two international investment firms.

• The need for this bill became apparent when the EWC proposal came to the table.

• The bill explicitly states that the PPP follows the Sensible Transportation Policy Act, protecting the public interest by ensuring transparency, public oversight, and other safeguards currently missing from the PPP.