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THE DOWNEASTER in Brunswick in this 2016 photo. A bill in the state Legislature seeks to enhance the transparency of the authority running the passenger train service.
THE DOWNEASTER in Brunswick in this 2016 photo. A bill in the state Legislature seeks to enhance the transparency of the authority running the passenger train service.
AUGUSTA

A bill in the state Legislature seeks to make the machinations of the Downeaster’s passenger rail authority more transparent. The bill would require that the Northern New England Passenger Rail Authority abide by recommendations of the state’s government oversight committee.

State Sen. Nathan Libby, D-Lewiston, sponsor of LD 724, is seeking to have the NNEPRA’s budget approval authority transferred to the Legislature from the Maine Department of Transportation.

Additional elements of the bill include requiring NNEPRA to submit a yearly report of its activities to a joint standing committee with authority over appropriations and financial affairs. The passenger rail authority council would also be required to report its activities for the past fiscal year, including its receipts and expenditures from all sources, and meet quarterly in public to discuss its operations within the state.

The board of directors at NNEPRA — a quasi-governmental agency operating the Amtrak Downeaster Brunswick-to-Boston rail service — say there is room for improvement in the bill, contending some of the proposal’s provisions are duplicative and cumbersome.

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The bill is under review by members of the Legislature’s transportation committee, and Libby said he is not certain the committee will vote to forward the legislation to a House of Representatives vote. Libby said if he works with NNEPRA on provisions, the revised bill could garner a two-thirds majority vote to override a potential veto by the governor.

Libby explained his motivations for submitting the bill, saying the Legislature’s September report on the review of the rail authority caught his attention, and it made sense to implement the committee’s recommendations. Libby said the turnpike authority and NNEPRA are comparable transportation agencies, so it makes sense for both to have oversight from the Legislature.

The report issued by the Office of Program Evaluation and Government Accountability, the investigative arm of the government oversight committee, said there could be increased communication between the Legislature, the Maine Department of Transportation, and NNEPRA’s board for understanding and alignment on the state’s short-and-long-term rail plans. The report also recommended having NNEPRA continue to present its annual report to the Legislature at a public meeting, and to include forums for public input and vetting of significant projects.

Patricia Quinn, executive director of NNEPRA, said Tuesday there is room for improvement in the bill in terms of practicality, agreeing that some provisions of the bill are redundant, because the MDOT already presented a budget to the Legislature for review that included the NNEPRA budget. However, Quinn also said it could be helpful for setting the requirements for what NNEPRA is expected to do, because although she said the authority already does meet with the Legislature on their own accord, this legislation could provide more clarity on expectations. She also pointed out the Maine Turnpike Authority and NNEPRA are not comparable agencies, as mentioned by Libby, because their funding is very different.

“Like nearly all other advocates of expanded passenger rail service in Maine, I want NNEPRA to be successful in its operation of the Downeaster service and future passenger tail services, financially stable and solvent and transparent in its decision making, appropriation process, project planning, and implementation. I feel NNEPRA, to a significant extent, already achieves much of what I am seeking in this bill — I am simply seeking additional safeguards, memorialized in statute, for the efficient and transparent operation on the state’s rail authority,” Libby said in testimony to the transportation committee last week.

Anthony Donovan of the Maine Rail Transit Coalition also spoke in favor of the bill, contending it will address the deficiencies in the rail authority, open up new economic markets, create investment in the road and open the process of planning and policy to the oversight of the Legislature and encourage public participation. He said NNEPRA has a small and effective staff, but that it is held back by DOT policy because passenger rail is not part of the department’s work plan.

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Testifying against portions of the bill was George O’Keefe, executive director of TrainRiders Northeast. O’Keefe said the requirements for the meetings of the advisory council, and the presentation of NNEPRA’s annual report to the appropriations committee and legislative council are required by current law. The holding of public meetings to obtain input on projects is something that already happens, despite rumor to the contrary, O’Keefe said. The intention of that portion of the bill would just formalize that process.

Speaking on behalf of the NNEPRA board, member John Melrose said in a statement the board is neither for nor against the proposal, understanding the sponsor, Libby, is offering amendments that would be acceptable to the board.

Melrose said funding for Downeaster operations is provided through an agreement with the Maine Department of Transportation and, by state law is subject to approval by the commissioner. The MaineDOT’s budget, which includes funding for NNEPRA, is also subject to approval and review by the Legislature. Changes implemented several years ago to make the NNEPRA budget more transparent make the proposal in the bill duplicative, he said.

“Furthermore, NNEPRA recently underwent a comprehensive review by the government oversight committee and OPEGA which same to a positive conclusion including he recent decision by the committee to suspended further review. The GOC (Government Oversight Committee) did underscore the needs for regular dialogue between NNEPRA and this committee, which NNEPRA wholeheartedly embraces,” Melrose said in his testimony.

The Transportation Committee will hold a work session today.

jlaaka@timesrecord.com


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