Sustainability and Transportation Committee — Portland, ME
Date: 2025-02-12
Time: 17:00

Sustainability& Transportation MEMBERS
Committee Agenda Councilor Regina Phillips, Chair
 Councilor Pious Ali, At-Large
February 12, 2025 at 5:00 PM
 Councilor Anna Bullett, District 4




The Sustainability and Transportation
Committee will conduct this meeting
remotely via Zoom. Allow your computer to
install the free Zoom app to get the best
meeting experience. If you are not able to
attend live either in person or via Zoom, a
recording will be available in the Agenda
Center following the meeting.

For public comment via Zoom, you will need
to use the "raise your hand" feature. To raise
your hand via the telephone, please hit *9.
You will be unmuted by the host when it is
time for public comment.

https://portlandmaine-
gov.zoom.us/j/89952567500?pwd=zLf7HunT
yswwcokWAwAlXBHcv0WNXl.1




1. Review and approve minutes from January 8, 2025


 a. Minutes from January 8, 2025
2. Sustainability and Transportation Program Updates


 a. Transportation Updates
 b. Sustainability Updates
3. Presentation and Discussion


 a. Vision Zero
 Presenters: GPCOG Staff
 No Public Comment Will Be Taken
 i. Portland Downtown Public Comment on Vision Zero
 b. Appropriation of Funds to Support the Battery Storage Project at the Portland Jetport
 Presenter: Paul Bradbury, Jetport Director
 Public comment will be taken
 c. Amendments to Chapter 34, Landcare
 Presenter: Troy Moon, Sustainability Director
 Public Comment Will Be Taken
 d. Proposed 2025 Workplan
 No public comment will be taken
4. Other Business

Sustainability& Transportation MEMBERS
Committee Agenda Councilor Regina Phillips, Chair
 Councilor Pious Ali, At-Large
February 12, 2025 at 5:00 PM
 Councilor Anna Bullett, District 4




The Sustainability and Transportation
Committee will conduct this meeting
remotely via Zoom. Allow your computer to
install the free Zoom app to get the best
meeting experience. If you are not able to
attend live either in person or via Zoom, a
recording will be available in the Agenda
Center following the meeting.

For public comment via Zoom, you will need
to use the "raise your hand" feature. To raise
your hand via the telephone, please hit *9.
You will be unmuted by the host when it is
time for public comment.

https://portlandmaine-
gov.zoom.us/j/89952567500?pwd=zLf7HunT
yswwcokWAwAlXBHcv0WNXl.1




1. Review and approve minutes from January 8, 2025


 a. Minutes from January 8, 2025
2. Sustainability and Transportation Program Updates


 a. Transportation Updates
 b. Sustainability Updates
3. Presentation and Discussion


 a. Vision Zero
 Presenters: GPCOG Staff
 No Public Comment Will Be Taken
 i. Portland Downtown Public Comment on Vision Zero


 Page 1
 b. Appropriation of Funds to Support the Battery Storage Project at the Portland Jetport
 Presenter: Paul Bradbury, Jetport Director
 Public comment will be taken
 c. Amendments to Chapter 34, Landcare
 Presenter: Troy Moon, Sustainability Director
 Public Comment Will Be Taken
 d. Proposed 2025 Workplan
 No public comment will be taken
4. Other Business




 Page 2
 CITY OF PORTLAND, MAINE
 Committee on Sustainability and Transportation
 Councilor Regina Phillips (D3), Chair
 Councilor Pious Ali (At-Large)
 Councilor Anna Bullett (D4)


Draft Minutes January 8, 2025
Members Present: Councilor Phillips, Councilor Bullett, Councilor Sykes, Councilor Pelletier
Staff Present: Troy Moon, Katie Tims, Mike Murray, Kevin Kraft, Greg Jordan

Meeting was called to order.

November 13 Minutes
The November 13, 2024, meeting minutes were approved unanimously.

Sustainability Updates

 -​ Sustainability Director Troy Moon provided the update that Erin Ferrel left. Erin did
 tremendous work contributing to all of the office’s initiatives, especially in building the
 effectiveness and compliance with the Energy Benchmarking Program. The
 Sustainability Office is in process of recruiting her replacement; conducting interviews
 now
 -​ Council has approved the grant to support the development of a fleet electrification
 strategy; Sustainability Office awaits information from the Department of Energy, which
 they expect to receive later in Spring 2025.
 -​ Katie Tims, Sustainability Associate, reported on the DIY Electrify Everything! Program:
 that ended December 31, 2024.
 -​ 73% of individuals who participated were renters
 -​ Staff supported a fourth community garden rebuild event on December 7, 2024, in the
 Boyd Street Community Garden. Over 60 volunteers attended the event, despite the
 cold. With the help of city staff, Cultivating Community, and Fresh Food Gardens, the
 entire community garden has been transitioned into raised bed garden plots.
 -​ Sustainability Office has a few community events with Baxter Academy and Coffee &
 Climate.

Committee Goal Setting and Work Plan Development

Councilor Phillips began discussing the goals, starting with Diversity and Inclusion. Councilor
Phillips notes it has been a goal for several years to expand diversity, equity, and inclusion
practices. There is an interim Justice, Diversity, Equity, and Inclusion director, and hope to see
someone permanently in that position.




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Councilor Phillips notes that part of this is Housing and affordability: not just housing, but also
our unhoused residents, and notes that Councillor Sykes in the Housing and Economic
Development Committee has put forward something to look at social housing. The other goal is
the work done in S&T to look at One Climate Future. Instead of looking at different things and
picking out different things, the goal is to look at One Climate Future as a whole. Another council
goal is public engagement. It is very important to hear from residents on how the council does
its work. The council is looking at creating an Office of Community Engagement. Councilor Ali
has been championing this idea for several years. Moving into the goals for the Sustainability
and Transportation Committee, Councilor Phillips turned it over to Director Troy Moon to give an
overview of what 2025 looks like.

Sustainability and Transportation Committee 2025 Overview
Presented by Troy Moon, Greg Jordan, and Kevin Kraft
Troy Moon stated that in the package, there is an overview of the policies from OCF that the
council has worked on and some that still need to be worked on. There is a color-coded list of
policies labeled green, which the council has already adopted ordinance to implement
Policies labeled yellow are adopted and in progress of being implemented. Policies labeled
magenta are still pending.

Many elements from One Climate Future’s land use policy were part of Recode. The
incorporation of the climate coastal resilience overlay zone overlay into the language of Recode,
the low-impact development ordinance, as well as elements in the technical manual addressing
stormwater management, heat mitigation, and heat resilience. Recode was a great step forward
for implementing things.

There are still a bunch of other things being worked on. Energy Benchmarking is one of those.
CMP is unable to provide the data for multi-tenant buildings. Continuing to engage with CMP to
provide the whole-building aggregated data, which would open the door for rental housing, as
well as performance standards for commercial buildings. WIll keep working with CMP to move
that forward. The organic recycling requirements for the business community on institutional
recycling. Adopting a C&D ordinance would be a major undertaking. It is work they want to do,
but maybe not right now. There is also work on adopting sustainable purchasing policies.

Greg Jordan mentioned that One Climate Future does include some elements that have been
talked about for some time now, including creating a vision zero plan for the city. GPCOG has
created a plan that they could sign onto. OCF also suggests updating the Complete Streets
policy. It has been effective for 10-12 years, but it is time to see if an expanded policy or an
ordinance is needed.

Opportunity for developing a comprehensive transportation plan for the city. The planning
department has submitted the project through the CIP process, and subject to council approval.
It is an opportunity to figure out what the vision is for transportation and mobility across the city.
Would help prioritize and sequence and improve transportation and mobility projects over the
next twenty years. If it does get funded and the council does want to advance that, it probably




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makes sense to work on Vision Zero first, do the Complete Streets work in advance of CTP,
because those would be good guiding documents moving forward.

Kevin Kraft notes that they received the Reconnecting Communities Grant received for Franklin
Street.

Troy Moon mentions that building on what was discussed in the November meeting and
Council’s goal to discuss sea level rise on Commercial Street, might take up developing a policy
statement on the City’s sea level rise adaptation strategy, which would be included in the
resilience plan that is currently being developed. The port tariff has been of much discussion in
the past, particularly in relation to cruise ships and a variety of other port operations. The tariff
could be increased. The committee could come up with a set of initiatives that the city would like
to accomplish. There have been a number of approaches to deal with dust from the coal storage
facility on Cassidy Point. Members of the committee and residents have been concerned.

Councilor Comments on Goal Setting and Work Plan Development for 2025

Councilor Philips opened it up to Councilor Bullet for any priorities she would like to add, and
any visiting councilors who would like to add any priorities.

Councilor Bullet notes that tariffs and port operations were on her list. Councilor Bullet asks
Director Kraft if the grant and plan for Franklin Street is something they would get a consultant
to do. Kevin Kraft responds that yes, it is.

Councilor Bullet noted one overarching thing that would be helpful- instead of just putting things
into One Climate Future, also putting the committee’s work in context with Maine Won’t Wait.
Would like to do that as a committee. Councilor Bullett lists Strategy A, about transportation, and
Strategy C, about the power grid and transitioning to clean energy, Strategy F, about resiliency,
are the areas of Maine Won’t Wait that align. Back to transportation, she was hoping to add a
feasibility study and pilot program of a traffic camera program. State law and data privacy
concerns will be barriers, but for pedestrians and people-powered wheels (bikes, strollers,
wheelchairs), this is important for safety. Wonders if there is a scaled-down version of shore
power for smaller vessels. Thinking about our TOD zones are also sustainable, have green
space built in, making sure that as business develops there, public transportation is safe and
easy-to-use; thinking about how to invest in TOD projects around transit.

Councilor Phillips notes that the committee really only has a year; cannot do everything. They
want to hear everybody’s suggestions, but some things might have to go on the 2026 list. The
committee will try its hardest to do everything it can in the timeframe it has.

Councilor Pelletier states that he is a strong proponent of tariffs on cruise ships. He notes he is
on the Finance Committee and would be happy to help work on that; it is a revenue source that
would help to get all of these goals done. He notes it is worth looking at requiring electric
hookups for all new residential developments. It’s not as expensive as one might think. He is in




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support of Vision Zero, and as part of that, revising our technical guide for our transportation and
roads would let us ensure our bike lanes are uniform, make sure cyclists aren’t getting ignored.
People in the community want to be engaged in this and people want to be engaged and build
what our streets can look like. He is interested in traffic-calming measures and working with
Portland Trails.

Councilor Phillips recommended Councilor Pelletier connect with Councilor Ali about electric
hookups. We need to talk about Vision Zero, it is on our list, and maybe we’ll get into some of
the other things you suggested. We’re getting a pretty lengthy list at this point. We want to do it
as much as we can. I know we have a meeting set up with the Portland Bicycle and Pedestrian
Advisory Committee, want to hear from them as well. Turned it over to Councilor Sykes

Councilor Sykes notes that she agrees with what the other councilors have said. Vision Zero is
very high on her list of priorities and she is happy to do any legwork behind the scenes. She
supports tariffs and thinks that would be a fairly easy thing to do on the budget process.
Councilor Sykes also supports investigating traffic cameras, and also has trepidation around
privacy. The one thing she wanted to add, which is not a topic for this year, but community
choice energy aggregation is a way for cities to opt out of the default energy package we get
through the state, form our own brokerage, get cheaper energy, lots of things you can do with
the money saved. It is a climate action that really helps working-class people at the same time.
Getting the residents of Portland a 30% decrease on their energy bill would be very popular.
Troy Moon notes that there is a bill introduced in the state legislature that Councilor Sykes might
want to follow.

Public Comment on Goal-Setting for 2025
Four constituents spoke. Two constituents mentioned cruise ships, one of whom favored a
higher tariff on them, one who mentioned supporting efforts to quantify and get more information
on the impacts they have on the harbor and how to better regulate those. Two constituents
suggested creating a separate Complete Streets Committee, to take some of the burden from
the Sustainability and Transportation Committee and increase public engagement. One
constituent was in favor of Vision Zero being adopted before a comprehensive transportation
plan begins, as well as exploring more traffic-calming strategies. One constituent spoke in favor
of traffic cameras. One citizen suggested developing a recovery plan to get back to 2030
greenhouse gas reduction goals in One Climate Future and putting pressure on CMP. One
constituent mentioned increasing bike safety for cyclists, investigating bike theft, and getting
recovered bikes back to original owners.

Further Discussion on Goal Setting
Councilor Phillips called for public comment again. No one else spoke. Councilor Phillips closed
public comment. She asked staff to collate the priorities discussed during the meeting for final
discussion at the next meeting.


Motion to Adjournment




 Page 6
The motion was moved by Councilor Bullett, and seconded by Councilor Phillips
The motion was accepted unanimously.

Meeting Adjourned




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City of Portland | Department of Public Works
Mike Murray, Director



To: Sustainability and Transportation Committee
 Regina Phillips, Chair




MEETING DATE
February 12, 2025

AGENDA ITEM
Agenda Item 2 – Transportation Updates

PURPOSE
Staff update on the current status of major transportation projects.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
These projects have been stated as an important topic and goal by the Sustainability
and Transportation Committee.

Projects:

Franklin Street Transportation & Land Concept
Project Description:
The Reimagine Franklin Street project aims to transform the corridor into a more
urban, pedestrian-friendly downtown street that supports mixed-use development,
restores neighborhood connectivity, and incorporates state-of-the-art active
transportation facilities. The project will also integrate stormwater and sewer
infrastructure upgrades to enhance sustainability and resilience.

Cost and Funding:
$300,000 for EPS “planning phase”, split equally between the City and MaineDOT.
Estimated construction cost is over $26M.

Status and Next Steps:
A RFP for consultant services was issued by the City in August 2024 with responses
due mid-September. The City has since selected a consultant to lead the final
planning phase, set to begin in February.



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In January, the City and MaineDOT were awarded $2 million in federal funding from
the U.S. Department of Transportation’s Reconnecting Communities Pilot Program to
support the first phase of design for the Reimagine Franklin Street project, following
the completion of the current EPS planning phase. This federal funding will be
matched by the City and MaineDOT, with each contributing $250,000.

Libbytown Safety and Accessibility Project
Project Description:
Reconstruction of Congress St./Park Ave. between I-295 and St. John St. Establishes
two-way traffic on one-way streets; includes a roundabout near former Denny’s
location, separated bike lanes, signal improvements, and streetscape enhancements
(lighting, furniture, plantings).

Cost and Funding:
Project estimated cost was $28 million ($25M construction; $3M engineering).
MaineDOT and City received $22.4M in federal funding (Reconnecting
Communities-Neighborhoods Grant Program). MaineDOT and the City are sharing
equally the 20% local match of $4.48M ($2.24M each). Project estimates are still
preliminary and additional funding may be needed.

Status and Next Steps:
Staff awaiting draft Horizontal and Vertical Alignment Complete (HVAC) in February
2025; Preliminary Design Review (PDR) to be completed in 2025; final design in 2026.
Grant funding requires construction by 2027.

City Priorities & Concerns:
 ●​ Project management: scope, schedule, and budget.
 ●​ Goals for climate resiliency, urban design and water quality compliance.
 ●​ Protected intersections for cyclists and pedestrians at St. Johns at Congress and
 Park.

Brighton Avenue: Rosemont Corner Intersection Improvements
Project Description:
Intersection improvements at the five-way Rosemont Corner intersection.
Intersection will either be a revised traffic signal intersection or a roundabout design.

Cost and Funding:
Funding is currently available for the feasibility study and for 50% design (PDR).
Construction cost is to be determined as part of the alternatives selection process and



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preliminary design. The PACTS Transportation Improvement Program (TIP) has
allocated $2 million for construction of the Brighton Ave Multi-Modal Project; that
project has been placed on hold and funding approved for the construction of the
Rosemont Corner improvements.
Status and Next Steps:
The study began in July 2024 with the alternative analysis and preferred alternative to
be completed in 2025. The project would then proceed to PDR.

Forest Avenue: Morrill’s Corner (Smart Corridor Study: Phase II)
Project Description:
Redesign of Forest Avenue and the three intersections from Warren Avenue to Stevens
Avenue to improve safety and enhance predictability of operations. Redesign will
focus on enhanced streetscape, active transportation facilities, and access
management/turning movement restrictions at key locations, including Bishop
Street.

Cost and Funding:
No current estimate, but costs are expected to exceed $10M. MaineDOT has identified
either a RAISE or CDS grant as funding options. Local/state match percentage will be
determined.

Status and Next Steps:
The City and MaineDOT are working toward completing PDR in late 2025.

City Priorities & Concerns:
 ●​ Priority level determination
 ●​ Access Management
 ●​ Scope of active transportation/street design features.
 ●​ Construction funding and timing.


Forest Avenue: Marginal Way to Park Avenue (Smart Corridor Study: Phase III)
Project Description:
Redesign of Forest Avenue to improve accommodations for active transportation from
just south of Exit 6 through to Park Avenue. This work is anticipated to include the
realignment of Kennebec Street to allow for two-way traffic access from Forest
Avenue as well as the extension of the Bayside Trail from Brattle Street to Forest
Avenue. In addition, a realignment of High Street is envisioned to reduce conflicts
with vehicle queues at Forest and State, as well as reducing impacts to Deering Oaks.

Cost and Funding:



 3

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$200,000 available for preliminary design level engineering ($150,000
PACTS/$50,000 City); PACTS has allocated some final design funds depending on
project timeline; construction costs and potential funding to be determined following
this stage.

Status and Next Steps:
This effort is awaiting outcomes from the State and High Two-Way Study as well as
property discussions to determine the final configuration for design.

City Priorities & Concerns:
 ●​ Determining most appropriate alignments of streets in project area
 ●​ Timeline for property negotiations
 ●​ Coordination with State and High outcomes if two-way conversion proceeds


Forest Avenue: Bedford Street to Woodford Street (Smart Corridor Study: Phase IV)
Project Description:
Redesign of Forest Avenue between Woodford’s Corner and USM/Exit 6 with
evaluation of improving safety for all users, active transportation options and
reducing congestion. This is a PACTS-sponsored project. The focus is on a short-term
redesign concept to align with an expected paving project within the next five years, to
include a ‘road diet’ that would reduce lanes and allow in-street bike lanes. More in
depth design will be needed for a longer term, more transformational project that
could include extensive sidewalk and streetscape rehabilitation and sidewalk-level
cycle tracks.

Cost and Funding:
Currently funded for feasibility only. MaineDOT is evaluating this section of Forest
Avenue for a potential paving project approximately 2027-2028 that could provide the
opportunity to implement the short-term recommendations.

Status and Next Steps:
The existing conditions analysis was completed in August 2024. The alternatives
analysis and final draft report are currently under review by MaineDOT, and the City is
awaiting feedback. Once the final report is completed this month, the City will launch
additional public engagement in March to gather input on the final road diet street
layout plan. This plan will then inform the striping and layout design for
implementation.

State & High Street Two-Way Conversion
Project Description:



 4

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Update to 2015 study determining the feasibility of converting State and High to
two-way streets which provides safety improvements and provision of bike lanes.
Project seeks to minimize impacts to parking, trees and Level of Service (LOS).
Coordination required with York Street, Forest Ave., and MaineDOT’s State-High
Signal Replacement following determination of feasibility.

Cost and Funding:
Preliminary estimates suggest a $5 million cost to the City for additional signal work
and bicycle facilities. Will be refined as bicycle alternative and preliminary design
proceed.

Status and Next Steps:
MaineDOT signal project funded and Council has approved supporting work
associated with two-way conversion as well as bicycle facilities. MaineDOT will have
an update meeting on the signal project week of 2/10/25. City has requested
MaineDOT establish a Two-Party Agreement, also directed by the Council.

City Priorities & Concerns:
 ●​ Determining most appropriate design of bicycle facilities (likely on State Street)
 ●​ Obtaining Two-Party Agreement with MaineDOT
 ●​ Coordination with York Street and Forest Avenue efforts as work continues


Active Transportation Projects:

Union Branch and Union Branch Connector Pathways
Project Description:
These pathways will fill gaps in the existing pathway network from Forest Avenue to
the Fore River Parkway Trail pathway when completed. The Union Branch Pathway
will convert the rail line from Forest Avenue to Park Avenue to a shared use pathway
(0.7 miles). It will include a 12’ paved pathway, pathway lighting, landscaping,
connections to Deering Oaks Park, Fitzpatrick Stadium and Hadlock Field and a stone
dust jogging path by infilling between the remaining rails. The Union Branch
Connector will cross Park Avenue to Valley Street, Congress Street and connect to the
Fore River Parkway Trail.

Cost and Funding:
The Union Branch Pathway design is funded with 80% federal/20% local funding. The
pathway’s construction is funded 100% by state funding up to $2.8M as well as a CIP
allocation for costs the MaineDOT construction funding won’t cover (e.g.,




 5

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landscaping). The Union Branch Connector is funded through design with 80%
federal/20% local funding. There is no construction funding currently.

Status and Next Steps:
The final design bid documents for the Union Branch Path will be completed this
month, with the project expected to go out to bid this winter for construction to begin
in Spring 2025. The second phase, the Union Branch Connector design, is anticipated
to be completed by Spring 2026.

West Commercial Street Pathway
Project Description:
The West Commercial Street Pathway will, when completed, extend from the terminus
of the Fore River Parkway Trail path at Cassidy Point Drive to High Street/Hobson’s
Landing. The remaining segment (Phase III, 0.5 miles) is from Beach Street to High
Street/Hobson’s Landing.

Cost and Funding:
A funding application to the MaineDOT for Phase III for design and construction,
approximately $1M, was submitted this summer which would be 80% federal/20%
local funding.

Status and Next Steps:
Phase II, from the Fore River Parkway Trail to the Star Match Building, was completed
Summer 2024. Much of it was constructed as part of the site development process of
the VA Clinic. Phase I was completed by the MaineDOT in 2018 as part of an
International Marine Terminal expansion project. The City has received preliminary
approval on this funding application to MaineDOT for the design and construction of
the final Phase III but will not be officially awarded until Spring.

Transportation Master Plan
Project Description: As Portland continues to evolve, we must ensure that our priorities
evolve as well, especially in how we move around our city. The city’s last
transportation plan dates from the early 1990s, and a new transportation master plan
would be a strategic document that outlines the methods and strategies to move
Portland forward, ensuring that our city and its people can travel safely and
sustainably into the future. The transportation master plan would engage the public,
identify and prioritize transportation goals, and identify the capital projects,
programs, and policy initiatives necessary to achieve them.

Cost and Funding:



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No current estimate. Staff is exploring funding options.

Status and Next Steps:
Identify funding options, project timeline, structure process, securing funding.

FISCAL IMPACT
See above descriptions for estimated costs. The majority of these projects will not
advance to construction without securing Federal funding with commitment of local
match requirements, often 10-20% of total cost.




PREPARED BY
Kevin Kraft
Bruce Hyman
Mike Murray
Keith Gray
Jeremiah Bartlett




 7

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City of Portland | Sustainability Office
Troy Moon, Director



To: Sustainability and Transportation Committee
 Regina Phillips, Chair




MEETING DATE
February 12, 2025

AGENDA ITEM
Agenda Item #2 – Sustainability Updates

PURPOSE
To update the committee regarding recent activities of the Sustainability Office to
advance Council goals and objectives in One Climate Futre

Updates:

Staffing

Our team has been very focused on recruiting for our open Sustainability Associate for
the past month, reviewing application materials and conducting interviews. We are
very pleased that we had a successful recruitment process and are pleased to welcome
Karly Meyer, our new Sustainability Associate. She will be leading the Sustainable
Neighborhoods Program, leading community engagement efforts, and assisting with
community resilience planning.

We are also pleased to welcome Brenda Kirlin, our 2025 GPCOG Resilience Corp
Fellow. She will work with us until December and will help implement the next round
of our Electrify Everything! program, help create a community engagement project
around resilience, develop sustainable landcare educational programming, and
support our Resilience Working Group.

Katie Tims will be taking on energy programs such as Energy Benchmarking and
utility management and tracking - which were previously handled by Erin Ferrel.




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Community Engagement

On January 24, we hosted a Coffee & Climate event with guest speakers from Ash
Protection Collaboration Across Wabanakik to discuss ash trees, the spread of the
invasive Emerald Ash Borer, and the considerable effect this pest will have on
ecosystems and traditions in our Northeastern forests.

On February 14, Coffee and Climate will feature Melissa Winne of ISO New England
who will provide an overview of the regional electrical grid.

Visit www.oneclimatefuture.org to sign up for our once-a-month newsletter where
we share information on upcoming events, programs launching, and climate action
progress. We also host monthly Climate and Coffee events, which are community
conversations that happen on the 2nd Friday of the month at 9 AM. You can also
follow us on social media.
Instagram @sustainableportlandme // FB @SustainablePortlandME




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City of Portland | Executive Department
Danielle P. West, City Manager




To: Sustainability and Transportation Committee
Councilor Regina Phillips, Chair




MEETING DATE
February 12, 2025

AGENDA ITEM
Agenda Item 3A - Vision Zero

PURPOSE
Review the Greater Portland Council of Government’s (GPCOG) Vision Zero plan and consider
next steps for the City of Portland.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
At its February 12, 2025 meeting, committee members and attendees expressed a desire to
explore GPCOG’s Vision Zero plan and consider how to integrate into the City’s planning,
programs and projects.

BACKGROUND/ANALYSIS
Vision Zero is a traffic safety initiative aimed at eliminating traffic-related fatalities and
serious injuries by prioritizing human life in transportation planning. Originating in Sweden in
the 1990s, it is based on the principle that people make mistakes, but streets should be
designed to prevent those mistakes from causing death or serious harm. The approach relies
on data-driven policies, safe street design, speed management, enforcement, and public
education, with a focus on protecting vulnerable road users such as pedestrians and cyclists.

Vision Zero emphasizes shared responsibility among government agencies, engineers, law
enforcement, and the public, promoting equity by ensuring that safety improvements benefit
all communities.

The Greater Portland Council of Governments' (GPCOG) Vision Zero Action Plan was adopted
on May 23, 2023. It was developed through extensive data analysis, community engagement,
and policy research to eliminate traffic fatalities and serious injuries by 2045. The process
began in early 2022 with a directive from the PACTS Policy Board, leading to a year-long effort
that included peer reviews of other Vision Zero plans, crash data analysis from 2016 to 2022,
and public input gathered through surveys, mapping exercises, and region-wide meetings. The
plan identifies high-risk corridors and intersections based on crash history, road design, and
equity considerations, and recommends targeting investments where fatalities and severe
injuries are most likely to occur. The plan offers a wide range of strategies that cities and towns

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can implement independently and in partnership with regional and state agencies. Many of the
key actions focus on redesigning streets for lower speeds, enhancing pedestrian and cyclist
infrastructure, expanding public transit accessibility, and implementing data-driven
enforcement strategies. It also emphasizes ongoing monitoring and updates to ensure safety
initiatives remain responsive to new data and community needs.

To the extent Vision Zero goals and approaches are consistent with the committee’s and City
Council’s priorities, there are several directions in which the City can proceed:

 1.​ Adopt the GPCOG plan by City Council Resolution. This approach leverages the work
 already completed by GPCOG and allows the City to focus on integrating the plan’s
 principles into transportation planning, and advancing programs and projects that
 could achieve the plan’s foundational goal. Adopting GPCOG’s plan would immediately
 enhance the City’s eligibility and competitiveness for the US Department of
 Transportation’s Safe Streets and Roads for All (SS4A) Grant Program (subject to grant
 program continuation).

 2.​ Develop and adopt a Vision Zero plan specific to Portland. The GPCOG plan is regional
 by nature, but does a good job of identifying higher risk roads and locations. A Vision
 Zero plan focused on Portland would allow a deeper level of analysis and identification
 of more specific programs and projects aimed at the City’s needs. This effort would
 require new funding, consultant assistance, and take 12-18 months to complete.

 3.​ Take no action, but integrate Vision Zero principles in transportation planning and
 project development as opportunities arise. The committee could forego supporting
 the adoption of any formal plans and recommend that staff incorporate appropriate
 design solutions and advance programs in accordance with the existing Complete
 Streets Policy (2012), and seek committee/council direction on a case by case basis.

FISCAL IMPACT
Adopting GPCOG’s plan (Option 1) does not commit the City to allocate funding or expend
resources. However, the plan would serve as a foundation for integrating new design solutions
into transportation projects which may increase project costs. Additionally, the plan would
serve as a foundation for advancing new programs and projects aimed at improving
transportation safety. City Council approval would be needed for such initiatives as with any
new program or project for which new funding appropriations are requested.

Option 2 would cost $100,000-$300,000 to complete the plan, depending on the scope, and
require new funding. As with Option 1, once the plan is adopted, it would be a foundation for
changes to future transportation projects and proposed programs subject to City Council
approval.

Option 3 would not carry any short-term cost, and would be unlikely to create any material
future cost differences compared to today’s transportation planning priorities.




 2


 Page 18
CONCLUSION(S)
This item is for discussion and direction. Should the committee express support for Option 1,
then staff would draft and present to the committee (in March) a proposed City Council
resolution.

PRIOR COUNCIL/COMMITTEE REVIEW
N/A

PREPARED BY

Troy Moon Greg Jordan
Sustainability Director Assistant City Manager
Executive Department Executive Department


ATTACHMENTS
Attachment A -GPCOG Vision Zero Plan (Slide Deck)




 3


 Page 19
VISION ZERO
Greater Portland


City of Portland Sustainability
& Transportation Committee
2/12/25




 Page 20
 What is
Vision Zero?


 Page 21
 A strategy to eliminate all traffic
Vision fatalities and severe injuries, while
  Zero increasing safe, healthy, equitable
 mobility for all. First implemented in
 Sweden in the 1990s, Vision Zero
 has proved successful across
 Europe — and now it’s gaining
 momentum in major American cities.
 Source: Vision Zero Network



 Page 22
Vision Zero
Not just a target, it’s a culture shift…


TRADITIONAL APPROACHES VISION ZERO
• Traffic deaths are inevitable • Traffic deaths are preventable
• Perfect human behavior • Humans make mistakes
• Prevent all collisions
 VS • Prevent fatal and severe crashes
• Individual responsibility • Systems approach
• Saving lives is expensive • Saving lives is not expensive



 Page 23
  The US DOT
 has adopted
Vision Zero as
  The Safe
 System
 Approach
 Source: FHWA
 Page 24
U.S. DOT
Safe Streets
& Roads for All
• $5B in funding over
  5 years
• $2.7B in first 3 years
• 1,400 communities
• 73% of the nation’s
  population




 Source: FHWA Page 25
In Maine:
• GPCOG
 (30 communities)
• KACTS
 (8 communities)
• BACTS
 (11 communities)
• Lewiston/Auburn
• Sanford
• Pittsfield
• Bar Harbor




 Source: FHWA
 Page 26
How Many People
 are Affected?


 Page 27
~42,000 people ~160 people 2-3 people
  die each year die each year die each year in
 in the U.S. in Maine Portland




 Morrills Corner
 Page 28
 Number of People Killed in Portland

 6
 6



 5


 Since 2014, an 4
 4


 average of 3 3 3

  2.6 people
 3




 are killed
 2 2 2 2 2
 2


in crashes each 1

year in Portland 0
 0
 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024


 Source: Maine Crash Query Tool


 Page 29
 Number of People Killed & Seriously Injured in Portland

 Killed Seriously Injured
 45

 41
 40
 Since 2014, an 35 35

 average of 30
 32
 30


 26 people 25 25
 20
 28


are seriously
 22 23
 20
 18

 injured
 15
 15


in crashes each 10


year in Portland 5

 3 3 3 4
 6
 0 2 2 2 2 2
 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024


 Source: Maine Crash Query Tool


 Page 30
 Number of People Involved in a Crash in Portland

 7,000 6,768
 6,382 6,414 6,347
 6,208
 6,034

 Since 2014, an 6,000
 5,346

 average of
 5,000
 5,000 4,690
 4,519

5,580 people 4,000 3,661


are involved 3,000


 in a crash 2,000

 each year in 1,000
 Portland
 0
 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024


 Source: Maine Crash Query Tool
 Data Includes: fatalities, serious injuries, minor injuries, possible injuries, no apparent injuries
 Page 31
What is a Vision Zero
  Action Plan?


 Page 32
In a way, it’s like a climate plan…

 80% x 2050
“Portland and South Portland will reduce
community-wide greenhouse gas
emissions 80% from 2017 baseline levels
by 2050”




 Page 33
 “Vision Zero Arundel
 Biddeford
 Greater Portland aims to Cape Elizabeth
 Cumberland

eliminate all traffic Falmouth
 Gorham

 fatalities and North Yarmouth
 Old Orchard Beach

 serious injuries
 Portland
 Raymond
 Saco
resulting from crashes on our Scarborough
 South Portland

 roadways by 2045”
 Standish
 Westbrook
 Windham
 Yarmouth




 Page 34
Plan Framework Arundel
 Biddeford
 Cape Elizabeth
 Vision Zero Pledge Cumberland
 Falmouth

 Engagement Gorham
 North Yarmouth
 Old Orchard Beach
 Crash Analysis Portland
 Raymond
 Saco
 Tools & Strategies Scarborough
 South Portland
 Standish
 Action Steps Westbrook
 Windham
 Yarmouth




 Page 35
• Engagement & Process

 15 7 >900 18 $135k
 member community responses to month budget
 advisory events our online initiative
  panel survey & map

 Page 36
Crash Location Analysis




  High Injury Network High Risk Network Community Concerns Transportation Equity
 Where the worst crashes Where crashes are more likely Areas of concern identified by Areas identified as
 have happened to occur community members “transportation disadvantaged”




 Page 37
 Critical Safety Corridors & Intersections




High Injury Network




 High Risk Network




 Community Engagement




 Equity




 Page 38
Page 39
Tools & Strategies




 Page 40
  Local Examples


Enhanced signing and
pavement markings at
 intersections

 Up to 27% reduction
 of fatal and severe injury
 crashes at rural
 intersections
 Deering Ave. @ Dartmouth St.

 Page 41
Local Examples




 Crosswalk visibility
 enhancements
 Up to 42% reduction
  in pedestrian crashes
 Stevens Ave.

 Page 42
Local Examples




 Rectangular Rapid
  Flashing Beacons
 (RRFBs)

 Up to 47% reduction
  in pedestrian crashes
 Deering Ave.

 Page 43
Local Examples




 Pedestrian
 refuge islands

 Up to 56% reduction
  in pedestrian crashes
 Forest Ave.

 Page 44
Local Examples



 Centerline
 rumble strips


 Up to 64% reduction
 in head-on fatal
 and severe crashes Route 26, Gray

 Page 45
Local Examples



 Signalized
 intersection to
 roundabout

 Up to 78% reduction
in fatal and severe crashes
 USM roundabout

 Page 46
Taking Action
Objectives
 1• Programmatic Support & Funding

 2
 • Safer Roads

 3
 • Safer Speeds
 Safe System
 4• Safer People Approach
 Framework Action Steps

 5• Safer Vehicles

 6• Post-Crash Care




 Page 47
Taking Action: Areas of Overlap

 OBJECTIVE # ACTION

 Implement safety countermeasures along critical safety
 SR1
 corridors and intersections

 SAFER
 SR2 Identify regional safety-focused quick build projects
 ROADS

 Work to align relevant street design guidelines with Vision
 SR8
 Zero and Safe System Approach principles




 Page 48
Taking Action: Areas of Overlap
 OBJECTIVE # ACTION

 Examine speed limits and identify locations that would benefit
 SS1
 from speed limit reductions

 SAFER
 SS2 Ensure the most equitable and effective use of enforcement
 SPEEDS

 Support legislation to allow safety cameras as an enforcement
 SS3
 technique


 SP4 Agree to add “How’s My Driving?” stickers to fleet vehicles
 SAFER
 PEOPLE
 Use fleet vehicles as moving billboards to promote Vision
 SP4
 Zero messaging


 Page 49
Taking Action: Areas of Overlap
 OBJECTIVE # ACTION

 Require that all new fleet vehicles have the latest crash
 SV2 reduction technology and safety equipment available (ex. back-
 SAFER up cameras, blind spot detection)
 VEHICLES
 Right-size fleet vehicles (smaller vehicles are less lethal in crashes
 SV2
 and more fuel-efficient)

 POST CRASH Prepare a brief annual assessment that summarizes yearly
 PC2
 CARE crash statistics and outlines progress towards vision zero goals




 Page 50
Current Projects



 Page 51
GPCOG Awarded:
“Safe System Demonstration Projects
and Planning Activities”

•1 Demonstration projects
 see map [x9]

•2 Road safety audits
 in South Portland [x3]

•3 Roundabout feasibility study
 regionwide [x1]

4• Intersection studies in Portland,
 South Portland, and Scarborough [x3]


Total project is ~$800,000



 Page 52
Allen's Corner Safety
Analysis & Redesign
Allen Ave. & Washington Ave.

2025 Timeline:
• Safety analysis complete, design
  alternatives available for input in May
• 30% design deliverable in August
• Next steps will include seeking final
  design and construction funding




 Page 53
Outer Washington Ave.
Demonstration Project
Veranda St. to Ocean Ave.

Potential Treatments
• Pedestrian refuge islands
• Bike lane safety and comfortability
• Curb extension at Presumpscot St.
• Traffic calming throughout




 Page 54
Outer Washington Ave.
Demonstration Project
Veranda St. to Ocean Ave.

2025 Timeline:
• Input on design in March
  (Friends of Payson Park, East Deering
  Neighborhood Association, etc.)

• Installation in June
• Monitoring throughout the summer




 Page 55
What’s Involved in
Local Adoption?


 Page 56
What it Means to Adopt
Vision Zero Greater Portland
• Similar to setting an emissions reduction goal
  or adopting a Complete Streets policy

• Flexible approach – choose which areas to
  focus on
• No financial commitment required, aside
  from staff resources
• Can set stricter goals but not weaker ones
  (e.g., zero deaths or serious injuries by 2030)

• Can conduct additional planning activities
  to refine the plan

 Photo: Corey Templeton
 Page 57
Considerations
for Adopting Vision Zero Greater Portland

• Immediate demonstration of the • Less tailored than a Portland-specific
 City’s commitment to road safety plan

• Saves time and resources – no need • Includes elements that may be less
 to develop a plan from scratch relevant to local needs

• Enables faster action on safety
 improvements

• Ensures eligibility for funding that
 requires a Vision Zero Action Plan


 Page 58
 Questions?
 Check out our project website at:
www.VisionZeroGreaterPortland.org




 Page 59
2/10/25, 1:02 PM City of Portland Mail - PD Support for Vision Zero



 Katie Tims <ktims@portlandmaine.gov>


  PD Support for Vision Zero
  Cary Tyson <cary@portlandmaine.com> Mon, Feb 10, 2025 at 11:26 AM
  To: rphillips@portlandmaine.gov, Pious Ali <pali@portlandmaine.gov>,
  abullett@portlandmaine.gov
  Cc: Troy Moon <thm@portlandmaine.gov>, Katie Tims <ktims@portlandmaine.gov>

 Portland City Council

 City Hall
 389 Congress Street
 Portland, ME 04101

 Subject: Letter of Support for Portland’s Vision Zero Policy

 Dear Mayor Dion and Members of the Portland City Council,

 On behalf of Portland Downtown, I am writing to express our strong support for the City of Portland’s
 proposed Vision Zero policy. As an organization dedicated to ensuring that downtown Portland is clean,
 safe, and vibrant for residents, visitors, and businesses, we recognize the critical importance of creating
 safer streets for all road users—whether walking, biking, driving, or using public transit.

 Portland is a city that thrives on its walkability, small businesses, and community-oriented public spaces.
 However, traffic-related injuries and fatalities remain a pressing concern. Each year, too many pedestrians,
 cyclists, and motorists suffer preventable harm on our streets, disproportionately affecting our most
 vulnerable residents, including children, seniors, and those with disabilities. Tragically, we’ve seen a few
 recent examples, and numerous examples go unreported.

 By adopting a Vision Zero policy, Portland is taking a bold and necessary step toward eliminating traffic-
 related fatalities and serious injuries through a comprehensive, data-driven, and equitable approach to
 transportation planning.

 A commitment to Vision Zero aligns with our shared goals of fostering a more accessible, inclusive, and
 economically vibrant city. Safer streets encourage more foot traffic, which directly benefits our local
 businesses, enhances the livability of our neighborhoods, and promotes greater social interaction.
 Moreover, prioritizing traffic-calming measures, improved pedestrian and cyclist infrastructure, and
 evidence-based policy solutions will not only save lives but also strengthen Portland’s reputation as a leader
 in sustainable urban development.




https://mail.google.com/mail/u/0/?ik=92a68a3fc1&view=pt&search=all&permmsgid=msg-f:1823688405843995707&simpl=msg-f:1823688405843995707 1/2
 Page 60
2/10/25, 1:02 PM City of Portland Mail - PD Support for Vision Zero

 We commend the City of Portland for embracing a proactive, life-saving policy that puts safety at the
 forefront of transportation planning. Vision Zero is more than an aspirational goal—it is a commitment to
 equity, innovation, and the well-being of our entire community. We urge you to adopt this policy and to work
 closely with community organizations, businesses, and residents to implement meaningful changes that will
 make our streets safer for everyone.

 We look forward to supporting the city in this effort and collaborating on initiatives that promote safer, more
 vibrant public spaces. Thank you for your leadership in prioritizing a safer and more connected Portland.

 Sincerely,



 Cary Tyson
 Executive Directo
 --


 Cary Tyson, LPM

 Executive Director

 Portland Downtown

 Office: 22 Free Street, Suite 201, Portland, ME 04101

 Mail: PO Box 8593, Portland, ME 04104
 207.772.6828

 Visit our website

 Like us on Facebook

 Follow us on Instagram, Twitter & LinkedIn

 Portland Downtown stimulates a thriving, vibrant, and sustainable downtown community.
 To learn more, click here.



 Looking to book a meeting? Click HERE for some availability




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 Page 61
City of Portland | Portland International Jetport
Paul Bradbury, Airport Director




To: Sustainability and Transportation Committee
Councilor Regina Phillips, Chair




MEETING DATE
February 12, 2025

AGENDA ITEM
Agenda Item #3-B, Portland International Jetport Battery Energy Storage System Projet

PURPOSE
Allow the Sustainability and Transportation Committee to review the Battery Energy Storage
System (BESS) project proposed for the Portland International Jetport and consider referral of
this project to the City Council for a $4.25 million appropriation from the Jetport’s unrestricted
fund balance. The project is supported by electric bill savings (ICAP-Installed Capacity Market,
transmission, and distribution) and program payments (Efficiency Maine and direct federal
investment tax credit) that result in an estimated payback for the project of 8.7 years.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
This BESS project is an initial step in using energy storage to reduce peak electrical demands in
the region and better match electrical production including wind and solar to needed demand
through energy storage. This project supports the City Council’s goals outlined in the City’s
Climate Action Plan, One Climate Future.

BACKGROUND/ANALYSIS
The proposed project provides for the installation of a 1.9 MW /5 MWhr battery energy storage
system (BESS). The BESS will serve two functions:
 1. It will allow the Jetport to offset load during the expected peak hours of demand by ISO
 New England. This allows the Jetport to eliminate loads during 15 of the peak annual
 demand hours for ISO-New England ICAP. Energy storage systems such as this BESS
 project will equip the region to take full advantage of non-continuous renewable
 energy sources such as wind and solar. This will reduce the need for the region to add
 short term peak demand natural gas and other combustion based short duration
 standby electrical power plants.
 2. It will provide needed electrical system resiliency during utility power outages. The
 Jetport experienced several utility electrical power interruptions in 2024. The terminal
 building is equipped with diesel generators, but these only cover life safety and limited
 operating loads during an outage. This severely limits the ability for the Jetport to
 conduct passenger operations during an outage. This project will provide full electrical


 1

 Page 62
 back-up and resiliency to the portion of the terminal building completed in 2012. This
 means all airline ticket counters, the TSA security screening checkpoint, boarding
 bridges at gates 6 - 14, and the outbound baggage handling system will all be supported
 for up to five hours during a utility outage. Generally utility outages at the Jetport have
 been less than three hours, but even this relatively short time frame causes significant
 delays and diversions of flight operations.



FISCAL IMPACT
The $4.25 million project would be funded from the Jetport’s unrestricted fund balance, but
will leverage electric bill savings, an Efficiency Maine commercial energy storage systems
incentive agreement, and direct federal investment tax credit to achieve an 8.7-year payback
on the initial investment. The projected cash flows and payback calculation are provided on
the attached project financial proforma and summarized below.
 1. The project would be constructed with an immediate investment of $4.25 million in
 Jetport funds.
 2. Upon completion of construction the Jetport would apply for 30% of project costs
 totaling $1.26 million (this could be as high as 40%) in direct reimbursement through
 the Inflation Reduction Act’s provision to support local government investment in
 clean energy projects. It should be noted that there is some concern that the Trump
 administration will make changes to this funding.
 3. Electrical demand, transmission, and distribution savings over the first ten years of the
 BESS project operation are estimated to be $3.2 million



CONCLUSION(S)
This project supports the City’s One Climate Future goals and will provide a demonstration
project for the region for battery energy storage. Additionally, it provides a significant and
important resiliency to the Jetport during utility power outages. Jetport staff fully supports the
project and recommends referral by the Sustainability and Transportation Committee to the
City Council



PREPARED BY

Paul Bradbury
Airport Director


ATTACHMENTS
Attachment A - Project Financial Proforma
Attachment B - Efficiency Maine Incentive Agreement
Attachment C - Efficiency Maine Incentive Application w/ project details




 Page 63
ATTACHMENT A



Portland Jetport
Battery Storage Financial Pro Forma
Ameresco Proposal
Scenario #1: 5 MWh System, Investment Tax Credit Equals 30% of Installed Cost




 Value Generated (Electric Bill Savings + Program Payments) Ongoing Costs for Jetport Jetport Net Savings
 Transmission Distribution Bill Efficiency ME Federal ITC Total Value CES Ops Ameresco Charging Total Annual Annual Net Cumulative Net System
Year ICAP Bill Savings Bill Savings Savings Summer DR Direct Pay Generated Support O&M Cost Losses Cost Savings Savings Payback
 0 ($4,209,474)
 1 $40,404 $155,183 $38,100 $190,000 $1,262,842 $1,686,529 $42,369 $27,828 $8,182 $78,378 $1,608,150 $1,608,150 ($2,601,324)
 2 $53,893 $157,239 $37,869 $183,350 $432,351 $43,235 $28,385 $8,345 $79,965 $352,386 $1,960,537 ($2,248,937)
 3 $118,560 $159,466 $38,399 $180,500 $496,926 $49,693 $28,952 $8,512 $87,157 $409,768 $2,370,305 ($1,839,169)
 4 $119,022 $163,226 $38,927 $177,650 $498,825 $49,882 $29,531 $8,683 $88,096 $410,729 $2,781,034 ($1,428,440)
 5 $120,104 $167,940 $39,666 $175,750 $503,459 $50,346 $30,122 $8,856 $89,324 $414,135 $3,195,169 ($1,014,305)
 6 $121,181 $172,769 $40,414 $30,424 $364,789 $54,718 $30,724 $9,033 $94,476 $270,313 $3,465,481 ($743,993)
 7 $122,254 $177,716 $41,172 $30,091 $371,233 $55,685 $31,339 $9,214 $96,238 $274,995 $3,740,477 ($468,997)
 8 $124,010 $183,804 $42,172 $29,925 $379,912 $56,987 $31,966 $9,398 $98,351 $281,561 $4,022,038 ($187,436)
 9 $125,085 $189,032 $42,955 $29,593 $386,665 $58,000 $32,605 $9,586 $100,191 $286,474 $4,308,511 $99,037
 10 $126,870 $193,627 $43,354 $29,426 $393,278 $58,992 $33,257 $9,778 $102,027 $291,251 $4,599,762 $390,288
 11 $95,959 $178,387 $43,507 $29,094 $346,947 $52,042 $33,922 $9,974 $95,938 $251,009 $4,850,771 $641,297
 12 $97,319 $181,801 $43,908 $28,928 $351,955 $52,793 $34,601 $10,173 $97,567 $254,388 $5,105,160 $895,686
 13 $98,695 $185,275 $44,310 $28,761 $357,042 $53,556 $35,293 $10,377 $99,225 $257,816 $5,362,976 $1,153,502
 14 $100,087 $188,810 $44,715 $28,595 $362,206 $54,331 $35,998 $10,584 $100,913 $261,293 $5,624,268 $1,414,794
 15 $101,495 $192,405 $45,122 $28,429 $367,450 $55,117 $36,718 $10,796 $102,632 $264,818 $5,889,087 $1,679,613
 16 $102,314 $194,908 $45,263 $28,096 $370,581 $55,587 $37,453 $11,012 $104,052 $266,530 $6,155,616 $1,946,142
 17 $103,125 $197,417 $45,398 $27,764 $373,704 $56,056 $38,202 $11,232 $105,489 $268,214 $6,423,830 $2,214,356
 18 $104,558 $201,140 $45,803 $27,598 $379,099 $56,865 $38,966 $11,457 $107,287 $271,812 $6,695,642 $2,486,168
 19 $106,007 $204,927 $46,210 $27,431 $384,575 $57,686 $39,745 $11,686 $109,117 $275,458 $6,971,100 $2,761,626
 20 $107,471 $208,777 $46,619 $27,265 $390,132 $58,520 $40,540 $11,919 $110,979 $279,153 $7,250,253 $3,040,779

 IRR
Years 1-10 $1,071,384 $1,720,003 $403,028 $1,056,709 $1,262,842 $5,513,966 $519,906 $304,709 $914,204 $4,599,762 2.3%
NPV $801,568 $1,314,389 $309,176 $888,520 $1,202,707 $4,516,359 $395,558 $233,424 $697,613 -$372,122
Avg Annual $107,138 $172,000 $40,303 $105,671 $551,397 $51,991 $30,471 $91,420 $459,976

Years 1-15 $1,564,938 $2,646,680 $624,590 $1,200,515 $1,262,842 $7,299,565 $787,746 $481,241 $1,410,479 $5,889,087 6.5%
NPV $1,063,575 $1,806,089 $426,850 $965,008 $1,202,707 $5,464,228 $537,739 $327,085 $960,991 $279,774
Avg Annual $104,329 $176,445 $41,639 $80,034 $486,638 $52,516 $32,083 $94,032 $392,606

Years 1-20 $2,088,413 $3,653,849 $853,883 $1,338,669 $1,262,842 $9,197,656 $1,072,460 $676,147 $1,947,404 $7,250,253 8.3%
NPV $1,281,341 $2,224,871 $522,282 $1,022,591 $1,202,707 $6,253,791 $656,173 $408,109 $1,184,272 $819,091
Avg Annual $104,421 $182,692 $42,694 $66,933 $459,883 $53,623 $33,807 $97,370 $362,513




 Page 64
ATTACMENT A



ASSUMPTIONS
 CMP CMP Jul&Aug ISO-NE Installed
 Transmission Distribution Capacity Price Energy Usable Energy Tesla Warranty 120 Tesla Warranty 250
 Year ($/kW-mo) ($/kW-mo) ($/kW-mo) Year Capacity MWh Annual Cycles Annual Cycles
 1.00 MW per summer Efficiency Maine Trust DR Enrollment 1 $18.81 $19.05 $3.37 1 100.0% 5.00 100.0% 100.0%
 0.75 MW per month Average CMP Demand Charge Reduction 2 $19.75 $19.62 $4.65 2 96.5% 4.83 96.5% 95.0%
 1.00 MW per month CMP Demand Charge Reduction (Jul-Aug) 3 $20.35 $20.21 $10.40 3 95.0% 4.75 95.0% 93.0%
 1.00 MW per year Cap Tag Reduction 4 $21.16 $20.82 $10.61 4 93.5% 4.68 93.5% 91.5%
 92% % Transmission Success Rate Years 1-10 5 $22.01 $21.44 $10.82 5 92.5% 4.63 92.5% 90.0%
 83% % Transmission Success Rate Years 11-20 6 $22.89 $22.08 $11.04 6 91.5% 4.58 91.5% 88.5%
 100% % ICAP Success Rate Years 1-10 7 $23.80 $22.75 $11.26 7 90.5% 4.53 90.5% 87.5%
 75% % ICAP Success Rate Years 11-20 8 $24.75 $23.43 $11.48 8 90.0% 4.50 90.0% 86.5%
 $200 $/kw-season EMT DR Program Rate Years 1-5 9 $25.74 $24.13 $11.71 9 89.0% 4.45 89.0% 85.5%
 $35 $/kw-season EMT DR Program Rate Years 6-20 10 $26.52 $24.49 $11.95 10 88.5% 4.43 88.5% 84.5%
 95% % EMT Average Battery Performance 11 $27.18 $24.86 $12.19 11 87.5% 4.38 87.5% 83.5%
 12 $27.86 $25.23 $12.43 12 87.0% 4.35 87.0% 82.5%
 5% % NPV Discount Factor 13 $28.56 $25.61 $12.68 13 86.5% 4.33 86.5% 82.0%
 14 $29.27 $26.00 $12.93 14 86.0% 4.30 86.0% 81.0%
 15 $30.00 $26.39 $13.19 15 85.5% 4.28 85.5% 80.5%
 16 $30.75 $26.78 $13.45 16 84.5% 4.23 84.5% 79.5%
 17 $31.52 $27.18 $13.72 17 83.5% 4.18 83.5% 79.0%
 18 $32.31 $27.59 $14.00 18 83.0% 4.15 83.0% 78.0%
 19 $33.12 $28.01 $14.28 19 82.5% 4.13 82.5% 77.5%
 20 $33.95 $28.43 $14.56 20 82.0% 4.10 82.0% 76.5%




 Page 65
Docusign Envelope ID: F9501928-6336-470B-A13E-6156900E9550 ATTACHMENT B


 Enrollment No. 1515959 Contract No. 2024 0106

 EFFICIENCY MAINE TRUST

 INCENTIVE AGREEMENT
 Commercial & Industrial Custom Program
 Energy Storage Systems

 THIS AGREEMENT is made by and between Efficiency Maine Trust, an independent quasi-state agency of the State of
 Maine (“Trust”) and City of Portland, a body politic and corporate, located in the County of Cumberland, State of Maine
 federal tax identification number 01-6000032, with a place of business located at 389 Congress Street, Portland, Maine
 04101 (“Recipient”). The Trust and the Recipient are each a “Party” and collectively, the “Parties.”

 WHEREAS, the Trust administers certain funds under programs designed to promote and advance measures,
 investments, and arrangements in the State of Maine that enhance energy efficiency, reduce electricity consumption,
 reduce peak demands, and reduce greenhouse gas emissions from fossil fuel combustion;

 WHEREAS, the Trust has issued a Program Opportunity Notice (“PON”) for funding of certain projects designed to meet
 specified program criteria (the “Program”);

 WHEREAS, Recipient has submitted an application in response to a PON for funding of a certain project under the
 Program (the “Application”), which project is described in the Project Description in Rider A (the “Project”);

 WHEREAS, the Trust, in reliance upon Recipient’s representations contained in the Application and Recipient’s covenants
 and commitments contained in this Agreement, has decided to make an award to Recipient under the Program for
 implementation of the Project (the “Incentive Award”).

 NOW, THEREFORE, for valuable consideration, the Parties hereby agree as follows.

 1. INCENTIVE AWARD; PROJECT PERIOD; AND FUNDING DISBURSEMENTS.

 1.1 Relying upon Recipient’s representations in its Application and Recipient’s compliance with all terms and
 conditions of this Agreement, the Trust will provide Recipient an Incentive Award as set forth in Rider B hereof for
 validated reduction in grid-supplied energy resulting from dispatches from Recipient’s energy storage system
 during certain peak demand hours. Recipient acknowledges that payment of Incentive Award amounts is
 performance-based and that, based on Recipient’s performance, the total Incentive Award amount set forth in
 Rider B may or may not be paid out by the Trust. Incentive Award payments are subject to the terms and
 conditions of the Program and this Agreement.

 1.2 This Agreement shall commence on the date of final execution of this Agreement by the Parties and the Project
 shall be installed and placed into service by June 1, 2026 unless earlier terminated or extended in accordance
 with the provisions of this Agreement. Subject to the terms of this Agreement, Recipient’s Program participation
 will continue for five (5) June-September performance seasons from the date the Project is placed into service
 (the “Project Period”).

 1.3 The Incentive Award shall be disbursed to Recipient by the Trust in accordance with the Performance Payment
 Schedule set forth in Rider B. The Trust’s obligation to make payments or disbursements to Recipient is
 conditioned on Recipient’s compliance with all material terms and conditions of this Agreement and the Program,
 provision of required information, interval data, and reports in accordance with Program requirements set forth in
 Rider A. Incentive Award amounts will be disbursed for dispatches from Recipient’s energy storage system only to
 the extent supported by interval data.

 1.4 Recipient acknowledges that payment of the Incentive Award is conditioned on Recipient’s assignment to the
 Trust of capacity resource credits and forward capacity market revenues resulting from the Project.

 1.5 By submitting or transmitting any data, documents, or information, Recipient is representing that such data,
 documents, and information are accurate. By paying all or a portion of any Incentive Award, the Trust does not
 waive its right recover any payment later determined to be improper or not allowable under this Agreement.



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 2. STANDARDS OF PERFORMANCE.

 2.1 Recipient shall, and shall cause its contractors to, perform all work and services in connection with the Project in a
 timely, professional, and workmanlike manner. Recipient shall perform, or cause to be performed, all work and services in
 accordance with the Program and Project Description.

 2.2 Recipient shall be responsible to furnish or arrange for all qualified personnel, facilities, equipment, materials and
 services as necessary for the installation and performance of the energy storage system and shall provide and maintain
 competent and adequate supervision of the Project to ensure that all work and services conform to the Project
 Description.

 2.3 Recipient shall, and shall ensure that its contractors, abide by and conform to applicable state, federal, and local
 laws, ordinances, rules, regulations, and standards in the performance of this Agreement and execution of the Project.

 2.4 Recipient shall keep the Trust apprised of all material developments in connection with the Project and shall
 consult and coordinate with the Trust, through its Agreement Administrator, as necessary in the performance of the
 Project. The Trust reserves the right to monitor Recipient’s performance of this Agreement, including the performance of
 any contractor, in order to verify compliance.

 2.5 The Trust does not make any representations of any kind regarding the results to be achieved by the Project or
 the adequacy or safety of such measures. The Trust does not endorse, guarantee, or warrant any particular vendor,
 contractor, manufacturer or product, and it provides no warranties, express or implied, for any product or services.
 Neither the Trust nor its consultants are responsible for assuring that the design, engineering, or construction of the
 Project or installation of the energy efficiency and conservation measures is proper or complies with any particular laws,
 codes, or industry standards. Recipient is solely responsible for the design and implementation of the Project.

 3. RECIPIENT REPRESENTATIONS AND RESPONSIBILITIES.

 3.1 Recipient acknowledges that funding of the Incentive Award is provided for specified energy usage reductions
 according to the Program requirements and all applicable regulations. Recipient shall abide by the terms of this
 Agreement, including the terms and conditions contained in any Riders appended hereto.

 3.2 All requirements, restrictions and obligations regarding the receipt and use of Program Incentive Awards are
 deemed incorporated in this Agreement and Recipient agrees to comply with all such requirements, restrictions and
 obligations.

 3.3 Recipient represents that it is authorized to conduct business in the State of Maine and that it shall maintain its
 good standing throughout the term of this Agreement. Recipient represents that it has all requisite power and authority to
 execute this Agreement and perform the Project and that the execution and delivery of this Agreement and the
 performance of the Project have been duly authorized by all necessary action of its shareholders, directors, trustees,
 partners, members, or managers as appropriate.

 3.4 Recipient represents that it is eligible to receive the Incentive Award and that it is not suspended, debarred or
 disqualified from receiving state contracts, grants, awards or other appropriations.

 3.5 Recipient represents that it has filed all federal and state tax returns and reports as required by law and has paid
 all taxes, assessments and governmental charges due, except those contested in good faith in a proceeding with the
 assessing authority.

 3.6 Recipient has disclosed any relationship, direct or indirect, between Recipient, its officers, directors, trustees,
 partners, members, managers, or employees, and the Trust or State that could reasonably give rise to a conflict of
 interest.

 3.7 There has been no material adverse change in the business, operations, or financial condition of Recipient, or in
 the matters described in the Application pertaining to the Project, since the submission of the Application. Recipient
 represents that neither the Application, nor any document, report, or certification given by Recipient in connection with this
 Agreement or the Project contains any untrue statement of material fact or any knowing omission of material fact.


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 3.8 Recipient shall notify the Trust of any material change in Recipient’s legal status, financial status, corporate
 status, or compliance status with applicable laws, or any other change in status of the Project that could have a material
 adverse effect on Recipient’s ability to complete and implement the Project as described in Recipient’s Application and
 this Agreement.

 3.9 Recipient shall provide such documents and information and execute any additional documents, disclosures,
 certifications and statements of compliance as may be required under state or federal law or regulation, or as may be
 reasonably requested by the Trust in order to ensure compliance with applicable law or full performance of this
 Agreement.

 3.10 Recipient acknowledges that a breach of any representation contained herein or the provision of any false or
 misleading information or knowing omission of material information in connection with the Project, whether by Recipient or
 its agents, may result in termination and revocation of the Incentive Award, require the immediate reimbursement of any
 Incentive Award amounts previously disbursed, and may result in Recipient’s suspension or debarment from participation
 in Trust programs.

 3.11 Recipient’s representations constitute continuing representations.

 4. SUSPENSION OF INCENTIVE AWARD.

 4.1 The Trust may suspend Incentive Award disbursements and payments to Recipient for any of the following
 reasons:

 (i) Recipient’s failure to comply with the terms and conditions of this Agreement, including any representation or
 covenant contained herein;
 (ii) Recipient’s failure to execute the Project with due diligence, or to achieve an agreed Project milestone; or
 (iii) A material adverse change in Recipient’s legal, business, or financial status.

 4.2 The Trust shall provide Recipient with written notice of its decision to suspend Incentive Award disbursements
 and payments under this provision and shall provide Recipient with an explanation of the reasons therefor. The Trust
 shall specify the remedial actions that the Recipient must complete to successfully secure reinstatement of the Incentive
 Award.

 5. TERMINATION OF AGREEMENT.

 5.1 The Trust may declare Recipient to be in default of this Agreement upon the occurrence of any of the following
 events or circumstances (“Events of Default”):

 (i) Recipient’s material breach of any representation, covenant, condition, or obligation under this Agreement;
 (ii) Recipient’s violation of law;
 (iii) Recipient’s failure to make regular and substantial progress toward the performance and completion of the
 Project;
 (iv) Recipient’s failure to provide any periodic or final reporting or accounting as required under this
 Agreement or applicable law;
 (vi) Recipient’s insolvency, receivership, assignment for the benefit of creditors, foreclosure, or voluntary or
 involuntary bankruptcy; or
 (vii) Any event of default identified elsewhere in this Agreement.

 5.2 Without prejudice to any other rights or remedies, the Trust may terminate this Agreement upon any Event of
 Default by providing Recipient with thirty (30) days written notice of the Trust’s intent to terminate, and the grounds
 therefor. Termination shall occur if any Event of Default remains fully or partially uncured thirty (30) days after the Trust
 has provided Recipient with the written notice of intent to terminate. The Trust shall have no further obligation to
 Recipient after termination.

 5.3 Notwithstanding anything to the contrary in this Agreement, the Trust may terminate this Agreement, in whole or
 in part, in its discretion and without penalty, in the event that funds are de-appropriated, re-allocated, or restricted, the


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 Trust’s authorization to operate or administer the Agreement or the relevant program or project is withdrawn or curtailed,
 there is a material change in project or program conditions, or there is a material change in legislation affecting the Trust’s
 authority or operations.

 5.4 The Trust reserves all rights and remedies available at law or in equity in the event of a breach of this Agreement
 by Recipient including, without limitation, the right to demand reimbursement of all Incentive Award funds disbursed under
 this Agreement and, upon such demand, Recipient shall immediately so reimburse the Trust. Without limiting the
 foregoing, in the event of Recipient’s breach or default, Recipient shall pay on demand all of the Trust’s costs, fees
 (including attorney and paralegal fees and disbursements, including such fees or disbursements arising in any bankruptcy
 case or proceeding), expenses, and damages of any kind incurred by or imposed on the Trust in connection with or as a
 consequence of Recipient’s breach of this Agreement. The various rights, remedies, options and elections of the Trust in
 this Agreement are cumulative and not exclusive of any other right, remedy, or power allowed or available at law or in
 equity.

 5.5 The Recipient may terminate this Agreement, in whole or in part, for good cause, including but not limited to, loss
 of personnel or funding to provide the services hereunder, upon no less than thirty (30) days prior written notice to the
 Trust.

 6. MISCELLANEOUS PROVISIONS.

 6.1 This Agreement shall be governed in all respects by the laws, statutes, and regulations of the State of Maine.
 Any legal proceeding instituted by the Trust or Recipient regarding this Agreement shall be brought in State of Maine
 administrative or judicial forums.

 6.2 All terms of this Agreement are to be interpreted in such a way as to be consistent at all times with the other terms
 of this Agreement to the extent possible. The invalidity or unenforceability of any particular provision or part thereof of this
 Agreement shall not affect the remainder of said provision or any other provisions, and this Agreement shall be construed
 in all respects as if such invalid or unenforceable provision or part thereof had been omitted.

 6.3 This Agreement, along with the Riders and other provisions expressly incorporated herein, contains the entire
 Agreement of the Parties, and neither party shall be bound by any statement or representation not contained herein or in
 a written amendment or change order signed by the Trust. This Agreement, and the rights and obligations hereunder,
 shall inure to the benefit of the Parties and their permitted assigns. No waiver shall be deemed to have been made by any
 of the Parties unless expressed in writing and signed by the waiving party. The Parties expressly agree that they shall not
 assert in any action relating to the Agreement that any implied waiver occurred between the Parties which is not
 expressed in writing. The failure of any Party to insist in any one or more instances upon strict performance of any of the
 terms or provisions of the Agreement, or to exercise an option or election under the Agreement, shall not be construed as
 a waiver or relinquishment for the future of such terms, provisions, option or election, but the same shall continue in full
 force and effect, and no waiver by any Party of any one or more of its rights or remedies under the Agreement shall be
 deemed to be a waiver of any prior or subsequent rights or remedy under the Agreement or at law.

 6.4 The following Riders are attached to and made part of this Agreement:
 Rider A – Project Description and Project Development Milestones
 Rider B – Performance Payments
 Rider C – General Terms and Conditions
 Rider D – PON-EM-005-2024 v2

 6.5 All progress reports, correspondence and related submissions from the Recipient shall be submitted to:
 Name: Jesse Remillard
 Title: Senior Program Manager
 Efficiency Maine Trust
 Address: 168 Capitol Street, Suite 1
 Augusta, Maine 04330-6856
 Telephone: (207) 368-2558
 E-mail: jesse.remillard@efficiencymaine.com




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 This individual is designated as the Agreement Administrator on behalf of the Trust for this Agreement, except where
 specified otherwise in this Agreement or as replaced by the Executive Director of the Trust. The Agreement Administrator
 shall be the Trust's representative during the Project Period. He/she has authority to curtail services if necessary to
 ensure proper execution and compliance. He/she shall certify to the Trust when payments under the Agreement are due
 and the amounts to be paid. He/she shall make decisions on all claims of the Recipient, subject to the approval of the
 Executive Director of the Trust.

 6.6. All notices under the Agreement shall be deemed to have been duly given and delivered: (i) upon delivery, if
 delivered by hand, (ii) three (3) business days following posting, if sent by registered or certified mail, return receipt
 requested, or (iii) one (1) business day after dispatch if sent overnight or next day delivery by national courier service,
 such as FedEx or UPS, with tracking receipt.




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 IN WITNESS WHEREOF, the Trust and Recipient have executed this Agreement through their authorized
 representatives.




 EFFICIENCY MAINE TRUST


 By:
 Michael Stoddard, Executive Director

 Date: 11/5/2024
 _________________________




 CITY OF PORTLAND


 By:
 Danielle P. West, City Manager
 11/5/2024
 Date: __________________________



 Approved as to form: Approved as to funds:


 ________________________________ ________________________________
 City Corporation Counsel's Office City Finance Director




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 RIDER A

 PROJECT DESCRIPTION AND PROJECT DEVELOPMENT MILESTONES

 Recipient shall implement and perform the Project in accordance with the requirements of PON-EM-005-2024 v2, a copy
 of which is attached herewith as Rider D.

 The Recipient will install a battery energy storage system (BESS) to reduce facility demand during summer peak demand
 periods. The BESS will be a non-export system installed at the Portland International Jetport.

 Recipient will install the Project specified in its Program application as approved by the Trust, subject to any modifications
 as may be approved by the Trust (such approval not to be unreasonably withheld). At a minimum the Project must satisfy
 the following base criteria:

  The Project must be interconnected behind-the-meter;
  The Recipient’s facility served by the BESS must be located in Maine and have an account with a Maine electric
 utility;
  The BESS capacity must be at least 20 kW;
  The Recipient’s facility must have a peak electric demand greater than the total demand reduction anticipated
 from the BESS, unless otherwise approved by the Trust;
  The BESS must be able to collect and transmit 15-minute interval data;
  The system must be designed to maintain a minimum 80% battery round-trip efficiency;
  The BESS must carry at least a 10-year manufacturer’s warranty;
  The BESS must be UL-listed or certified by another nationally recognized testing lab and be recognized as
 meeting all safety requirements; and,
  The BESS and its components must comply with all manufacturer installation requirements, applicable laws,
 regulations, codes, licensing, and permit requirements.

 RESERVATION OF AWARD; PROJECT DEVELOPMENT MILESTONES. The Trust agrees to reserve the award for a
 period of two (2) years from the date of final execution of this Agreement by the Parties, unless extended, for anticipated
 payment of Incentive Awards to Recipient under this Agreement. This period shall be extended day for day to account for
 any implementation delays that are outside of Recipient’s reasonable control, including but not limited to Central Maine
 Power Company’s and ISO New England’s timeline to complete the required interconnection studies for the Project, but in
 no event greater than three (3) years from the date of final execution of this Agreement by the Parties, unless otherwise
 agreed by the Trust in its sole discretion. Reservation of the incentive award is dependent on Recipient providing quarterly
 (calendar) progress updates and meeting certain specified progress milestones as set forth below unless the reason for
 delay is promptly communicated to and approved by the Trust. For the avoidance of doubt, the Trust has no obligation to
 continue to reserve the Award, if Recipient fails to satisfy the prescribed milestones within the prescribed periods.

 Project Development Milestone 1:
 Within 60 days of Project approval, the following must be submitted to the Trust:
 1. Copy of utility interconnection application and confirmation of receipt from the utility;
 2. Letter of intent detailing Recipient’s financing plan for the system; and,
 3. Copy of preliminary system design.

 Project Development Milestone 2:
 Within 180-365 days of Project approval, the following must be submitted to the Trust:
 1. Proof of equipment purchase orders;
 2. A completed building permit and electrical permit application;
 3. A completed fire permit application (if applicable); and,
 4. Proof of payment of the cost of interconnection upgrade costs (if applicable).

 Project Development Milestone 3:
 Within 365 to 730 days of Project approval, the following must be submitted to the Trust:
 1. Local building department approval and electrical permit approval;
 2. Fire department approval (if applicable);
 3. Utility interconnect permission to operate letter;


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 4. Submission of the final as-built electrical drawing stamped by a Maine Professional Engineer (PE) and electrical
 inspection certificate;
 5. The total installed project cost;
 6. The decommissioning plan;
 7. Evidence of applicable UL certifications for system equipment
 8. All required safety certifications; and,
 9. A commissioning report documenting the results of commissioning in accordance with manufacturer
 specifications.

 Project Development Milestone 4:
 The Recipient is responsible for purchasing and installing revenue grade metering capable of collecting 15-minue interval
 data. The metering location should be at the inverter unless the Trust agrees in writing to locating the point of metering
 elsewhere. Metered data points should include at a minimum:
  Average real power or kWh
  Voltage
  Current
  Power factor

 Following commissioning, the Trust will require a minimum of fifteen (15) three (3)-hour BESS dispatches per summer
 season when electricity demand on the ISO-NE grid is at peak demand conditions. Timing of the BESS dispatch events
 are the sole responsibility of the Recipient and will not be dictated by the Trust. The goal of the Program is to reduce
 Recipient’s facility electric load during the ISO-NE peak system hour or the installed capacity (ICAP) hour.




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 RIDER B

 PERFORMANCE PAYMENTS

 Incentive Award: Up to $1,250,000 at $200 per kW for 5 years of verified BESS dispatch during ISO-NE peak load
 summer periods and in accordance with the Program terms (Based on an enrolled capacity of 1,250 kW and subject to
 adjustment as provided in the Agreement).

 The Trust will provide an incentive award equal to $200 per kW of validated reduction in grid-supplied
 energy if the BESS was dispatched during summer hours targeting the ISO NE ICAP hour. The system must
 be deployed at least 15 times per summer season (June, July, August, and September). To qualify for the performance
 payment, a dispatch must be at least three (3) hours long and cover at least one hour during which ISO-NE hourly load is
 within 15% of the peak summer hourly load.

 PERFORMANCE PAYMENTS. The Trust will disburse any earned Incentive Award to the Recipient each year in the
 fourth quarter for up to 5 annual payments after review of each annual performance period from June through September.
 Each annual payment will be $200 per kW of validated average demand reduction over 15 qualifying 3-hour deployments
 up to $250,000. Recipient performance will be measured by interval data collected at the BESS inverter or through the
 BESS management system utilizing the revenue grade metering installed by Recipient.

 AVERAGE DEMAND REDUCTIONS. Validated average demand reductions will be based on 15-minute interval data.
 Recipient must provide this data for each June-September performance period during the Project Period in order to qualify
 for each annual payment. Validation of the average demand reductions will consist of determining the 15 qualifying
 deployments with the highest average kilowatt impact over a 3-hour period.

 QUALIFYING DEPLOYMENTS. Qualifying deployments will be determined as those that occur when ISO-NE hourly load
 is within 15% of the highest hourly load over the summer performance period. Each dispatch must be at least three (3)
 hours. Qualifying deployments must also achieve at least 50% of the enrolled kW capacity over an hour that ISO-NE load
 is found to be within 15% of the peak summer hourly load.

 Recipient is responsible to provide the Trust with reasonably complete and accurate 15-minute interval data for both the
 BESS and the Recipient facility load for the performance period (June 1-September 30) at the conclusion of each
 performance period during the Project Period, and no later than October 15. For the avoidance of doubt, Incentive Award
 amounts shall be disbursed only for reductions in grid-supplied energy resulting from dispatches from Recipient’s energy
 storage system during certain peak demand hours that are supported by interval data. Claimed BESS dispatches
 unsupported by corresponding interval data will not be compensated.

 Following an evaluation of the interval data submitted by Recipient each year, the Trust will verify performance and
 calculate incentives that may have been earned during the subject performance period. The Trust will calculate incentives
 by taking the average performance of the dispatched energy storage capacity across all fifteen (15) dispatch events using
 15-minute interval data. Only qualifying deployments, as described above, will be eligible. The Trust will discard dispatch
 events from the incentive calculation where those events occur when ISO-NE load is not within 15% of the peak monthly
 load. For example, if the BESS dispatched 6 times in June, and 2 events occurred when ISO-NE was not within 15% of
 the summer peak load, there would be only 4 qualifying dispatch events for the month. Once performance has been
 verified and incentives calculated for the subject performance period, the Trust will make payment of the earned Incentive
 Award for the performance period during the fourth quarter of the same year as the measured performance period. Late or
 incomplete data submission by Recipient will result in a delay in payment of any earned Incentive Award.

 Timestamped BESS interval data must be submitted by Excel spreadsheet to the Trust’s contact listed in the Agreement
 for the purpose of the performance evaluation. At a minimum, the datapoints shown under Milestone 4 in Rider A must be
 included.

 Payments are subject to the Recipient’s compliance with all terms set forth in this Agreement and subject to the
 availability of funds. All payments are subject to reimbursement by Recipient in the event of a breach of the Agreement.




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 RIDER C

 GENERAL TERMS AND CONDITIONS

 1. INDEPENDENT CAPACITY. Recipient is an independent party and is not an agent or representative of the Trust.
 Recipient has no authority to represent or bind the Trust in any manner. Recipient shall be solely responsible for
 the performance of the Project and the conduct of its employees, agents, and contractors. Recipient shall be
 solely responsible for the payment of wages and benefits to its employees and the payment of contract and
 service fees to its contractors and vendors and for all associated tax withholding and reporting obligations.

 2. ASSIGNMENT. Recipient shall not assign or otherwise transfer or dispose of its rights, interest, duties or
 obligations under this Agreement, including any right or interest in the efficiency measures or Equipment funded
 with the Incentive Award, without the prior express written consent of the Trust, which consent may be granted,
 denied, or conditioned in the Trust’s reasonable discretion. Any purported transfer or assignment without prior
 written consent of the Trust shall be null and void.

 3. EQUAL EMPLOYMENT OPPORTUNITY; NON-DISCRIMINATION. During the performance of this Agreement,
 Recipient shall abide by all applicable equal employment opportunity and nondiscrimination statutes, regulations,
 and orders including, without limitation, the Maine Human Rights Act. To the extent applicable, the provisions of 5
 MRSA §784 are incorporated herein by reference and Recipient shall cause the such provisions to be inserted in
 any contract or subcontract for any work covered by this Agreement so that such provisions shall be binding upon
 each contractor or subcontractor.

 4. EMPLOYMENT AND PERSONNEL; STATE EMPLOYEES NOT TO BENEFIT. Recipient shall not engage any
 person in the employ of the Trust or any State department or agency in a position that would constitute a violation
 of 5 MRSA § 18-A (Conflicts of Interest in Contracts with State) or 17 MRSA § 3104 (Conflicts of Interest in State
 Purchases). No individual employed by the Trust or the State at the time this Agreement is executed or any time
 thereafter during the Project Period shall be admitted to any share or part of this Agreement or to any benefit that
 might arise therefrom that would constitute a violation of 5 MRSA § 18-A or 17 MRSA § 3104. Recipient shall not
 engage on a full-time, part-time or other basis during the Project Period any other personnel who are or have
 been at any time during the Project Period in the employ of the Trust or any State department or agency, except
 regularly retired employees, without the written consent of the Executive Director of the Trust. Recipient shall not
 engage on this Project on a full-time, part-time or other basis during the Project Period any retired employee of
 the Trust who has not been retired for at least one year, without the written consent of the Executive Director of
 the Trust.

 5. NO SOLICITATION WARRANTY. Recipient warrants that it has not employed or contracted with any company or
 person, other than for assistance with the normal study and preparation of a proposal, to solicit or secure this
 Agreement and that it has not paid, or agreed to pay, any company or person, other than a bona fide employee
 working solely for Recipient, any fee, commission, percentage, brokerage fee, gifts, or any other consideration,
 contingent upon, or resulting from the Incentive Award or this Agreement.

 6. LOBBYING. No State-appropriated funds shall be expended by the Recipient for influencing, or attempting to
 influence, an officer or employee of any agency, a member of the State Legislature, an officer or employee of the
 State Legislature, or an employee of a member of the State Legislature, in connection with the awarding of any
 agreement, the making of any grant or award, the entering into any cooperative agreement, or the extension,
 continuation, renewal, amendment, or modification of any agreement, grant, award, or cooperative agreement.

 7. RECORD RETENTION AND INSPECTION. Recipient shall make and retain all such documents and records
 necessary to establish proper performance of the Project and to support all invoices and requests for payment
 under this Agreement. Recipient shall retain all project records (including financial records, progress reports,
 service, equipment, and material orders, invoices, evidence of payment, and payment and reimbursement
 requests) for a minimum of three (3) years following the expiration or termination of this Agreement. Recipient
 shall permit the Trust or its authorized representatives to examine such records and to interview any officer or
 employee of Recipient or any of its contractors regarding the work performed under this Agreement. Recipient
 shall furnish copies of all such records upon request.



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 8. ACCESS TO PUBLIC RECORDS. As a condition of accepting any public funds under this Agreement, Recipient
 hereby acknowledges and agrees that documents and information relating to Recipient’s project, the Incentive
 Award and this Agreement, other than information designated confidential by statute, may be treated as public
 records under the freedom of access laws. The Trust requires transparency on how funds are managed,
 awarded, and spent. Accordingly, subject to the foregoing limitation on designated confidential information,
 Recipient hereby agrees to permit disclosure of information about Recipient’s project and how Incentive Awards
 and Program funds were awarded and spent.

 9. COMPLIANCE WITH LAW. Recipient shall comply with all applicable laws, rules, regulations and ordinances in
 the performance of this Agreement. Recipient is responsible to obtain and maintain all permits, licenses, and
 other approvals as may be required under applicable laws for implementation of Recipient’s project and the
 performance of any work or services under this Agreement.

 10. INDEMNIFICATION. Recipient agrees, to the extent of its insurance coverage, to indemnify, defend and save
 harmless the Trust and its officers, directors, trustees, agents and employees from and against any and all
 demands, suits, actions, claims, injuries, liabilities, losses, damages, costs, fees, and expenses (including
 attorney fees and legal expenses and the costs of enforcing any right to indemnification under this Agreement)
 made against or suffered or incurred by the Trust resulting from or arising out of Recipient’s performance of this
 Agreement, the Project, or the installation or operation of the equipment or efficiency measures for which an
 incentive or award is provided by the Trust. Recipient’s indemnity obligations shall not apply to the extent of the
 Trust‘s direct negligence.

 11. NOTICE OF CLAIMS. Recipient shall give the Agreement Administrator immediate notice in writing of any legal
 action or suit filed related in any way to the Agreement or which may affect the performance of the Agreement or
 the Project, and prompt notice of any claim made against the Recipient by any contractor or vendor which may
 result in litigation related in any way to the Agreement or which may affect the performance of duties under the
 Agreement.

 12. APPROVAL. This Agreement must have the written approval of the Executive Director of the Trust before it can
 be considered an enforceable contract binding on the Trust.

 13. TAXES. Recipient shall be solely responsible for the determination and payment when due of all taxes that may
 be due in connection with the Incentive Award and the Project.

 14. INSURANCE. Recipient shall maintain general liability insurance during the Project Period through Maine
 Municipal Association’s (MMA) risk pool, subject to the Maine Tort Claims Act, and upon request, shall provide
 the Trust with a Certificate of Membership demonstrating proof of coverage, which shall satisfy the requirements
 of this section.

 15. NON-APPROPRIATION. Notwithstanding any other provision of this Agreement, if the Trust does not receive
 sufficient appropriations to fund this Agreement, if funds are de-appropriated or re-allocated, or if the Maine State
 Legislature, the Maine Public Utilities Commission, or a state or federal court restricts or divests the Trust of its
 authority to expend funds, then the Trust will be relieved of any obligation to make further payments under this
 Agreement.

 16. FORCE MAJEURE. The obligations of each party under this Agreement shall be excused for the duration of any
 Force Majeure Event that prevents a Party’s ability to perform such obligations. A “Force Majeure Event” shall
 mean an act of God, act of war, riot, fire, explosion, flood or other catastrophe, or other condition or circumstance
 beyond the reasonable control of a Party and which could not reasonably be avoided by the Party claiming Force
 Majeure. The Party claiming Force Majeure shall notify the other Party upon the occurrence of a Force Majeure
 Event that will or is expected to prevent performance under this Agreement. The Trust may terminate this
 Agreement if a Force Majeure Event lasts more than 90 days.

 17. SET-OFF RIGHTS. Without limiting any other right or remedy, the Trust shall have all common law, equitable,
 and statutory rights of set-off. These rights shall include, but not be limited to, the Trust’s option to withhold for
 the purposes of set-off any monies due to Recipient under this Agreement up to any amounts due and owing to



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 the Trust with regard to this Agreement or any other agreement between Recipient and the Trust, including any
 agreement for a term commencing prior to the term of this Agreement.

 18. RESERVATION OF IMMUNITIES; DAMAGE LIMITATION; The Trust is a quasi-state agency and governmental
 entity and expressly retains all defenses to, immunities from, and limitations of liability. Nothing in this Agreement
 is intended, nor shall be construed, to constitute a waiver of any defense, immunity, or limitation of liability that
 may be available to the Trust or Recipient, or to any of its officers, agents or employees, pursuant to the Eleventh
 Amendment to the Constitution of the United States of America, the Maine Constitution, the Maine Tort Claims
 Act (14 M.R.S.A. § 8101 et seq.), or any other state or federal statute or the common law. Except to the extent of
 any indemnity obligation of Recipient under this Agreement, in no event shall either Party be liable to the other
 Party, or any person or entity claiming through such Party, for indirect, incidental, special, or consequential
 damages of any kind, all of which are expressly waived by the Parties.

 19. NO THIRD-PARTY RIGHTS. No person or entity that is not a party to this Agreement may assert any right or
 make any claim under this Agreement.

 20. EFFICIENCY MAINE LOGO; PUBLIC DISCLOSURE. The “Efficiency Maine” name and logo are registered
 trademarks of the Trust. The Trust grants Recipient a limited, revocable, non-exclusive license to use the
 Efficiency Maine logo in connection with the Project to publicly acknowledge the Trust’s funding and participation
 in the Project. Any such use must be in strict accordance with the Trust’s design, image, and placement
 standards. The license to use the “Efficiency Maine” marks is revocable by the Trust at any time.

 21. ENERGY DATA. Recipient grants the Trust and its agents access to its utility data and energy usage information
 as reasonably necessary in connection with the Project and the Program. Recipient authorizes the Trust and its
 agents to access facilities and records to collect, copy, and review data needed to measure and verify energy
 usage, electricity savings, fuel reductions, and Equipment performance (this may include but is not limited to utility
 bills, metering data, facility equipment surveys, information on operational practices, and site occupancy levels).
 Upon request, Recipient agrees to provide the Trust or its agents associated data from a period prior to the start
 of the Project as necessary to establish baseline energy and/or fuel use and costs.

 22. INFORMATION IN SUPPORT OF THE PROGRAM. The Trust is required to report on use of and the
 performance of energy efficiency and conservation programs and projects. Information from these reports may
 be made available to the public. Recipient agrees to cooperate with the Trust on such reporting and shall provide
 information related to the award, this Agreement, the Project, and any related agreement as requested or required
 by the Trust to meet its obligation to provide accurate, complete, and timely information to the public, to meet the
 Program reporting requirements, and/or to comply with state or federal law or regulation.

 23. SITE VISITS. The Trust has the right to make site visits at reasonable times to review Project progress,
 performance, and operation. Recipient shall provide reasonable access to facilities, resources, and assistance for
 the safety and convenience of the Trust and its representatives to perform their duties. All site visits will be
 performed in a manner that does not unduly interfere with or delay the work or operations of Recipient or its
 contractors. Site visits shall be subject to Recipient’s reasonable facility access, safety, security, and
 confidentiality policies.

 24. MEASUREMENT AND VERIFICATION. Recipient shall allow independent third-party verification of Project
 installation and performance under terms as may be reasonably established by the Trust. Recipient shall work in
 good faith with the Trust to develop a measurement and verification plan designed to assess the performance of
 the Equipment and achievement of Project and Program goals. Recipient shall conduct and cooperate in such
 auditing and reporting as may be necessary to assess performance of the Project and shall provide information as
 may be necessary or useful for such purposes.

 25. CAPACITY RESOURCES; CREDITS; FORWARD CAPACITY REVENUE. It is understood that the Project is
 intended to achieve certain energy efficiencies, reductions in fuel usage, and reductions in electricity consumption
 and that the Project may produce or result in certain marketable or tradable credits, benefits, and proceeds,
 including energy efficiency capacity resources, renewable energy credits, and forward capacity market credits,
 payments, or revenues (collectively, the “Capacity Resources, Credits and Revenues”). In consideration of the
 Incentive Award, and unless otherwise expressly agreed in writing by the Trust, the value of all such Capacity


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 Resources, Credits and Revenues produced or resulting from the Project for the expected lifetime of the
 equipment and measures installed or implemented under this Agreement shall be deemed owned by the Trust
 and the Trust shall have the sole right to bid, trade, transfer, sell, assign, use, and apply all such Capacity
 Resources, Credits and Revenues for the benefit of the Trust and the programs administered by the Trust under
 the Efficiency Maine Trust Act. Recipient hereby transfers and assigns to the Trust all of Recipient’s right, title,
 and interest in such Capacity Resources, Credits and Revenues. For avoidance of doubt, the BESS will not be
 registered with a capacity supply obligation.

 26. VENDOR OR CONTRACTOR SELECTION. Recipient may select any vendor or contractor to provide the
 equipment and perform the work for the Project. Recipient is solely responsible for management of its Project
 vendors and contractors.

 27. ADDITIONAL CONTRACTING REQUIREMENTS. All requirements, restrictions and obligations regarding the
 use of State or Trust funds and Incentive Awards are deemed incorporated in this Agreement to the extent
 necessary to ensure compliance with applicable law. Any alterations, additions, or deletions to the terms of the
 Agreement that are required by changes in law or regulation governing the use of State or Trust funds or
 Incentive Awards are automatically incorporated in the Agreement without the necessity of a formal written
 amendment. Recipient agrees to comply with all such requirements, restrictions and obligations and shall cause
 its contractors to comply with all such requirements, restrictions and obligations.

 28. SURVIVAL. The terms, conditions and obligations in this Agreement which by their nature or intent continue
 beyond termination or expiration of this Agreement, including, without limitation, provisions regarding document
 retention, audit, site visits, reporting, use and performance of the funded equipment and measures, indemnity and
 remedies, shall survive the termination or expiration of this Agreement.




 RIDER D
 (Starting on next page)




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 EFFICIENCY MAINE TRUST
 PROGRAM OPPORTUNITY NOTICE




 Energy Storage System Program


 PON EM-005-2024 v2




 Opening: July 1, 2023
 Closing: Per Program Availability




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 Energy Storage System Program PON EM-005-2024 v2


 Contents

 SECTION 1: PON INFORMATION AND INSTRUCTIONS .......................................................................... 3
 1.1  Purpose of This Application Request ...........................................................................................................3
 1.2  Program Description ....................................................................................................................................3
 1.3  Contact Person .............................................................................................................................................3
 1.4  Program Term and Schedule ........................................................................................................................3
 1.5  Efficiency Maine Trust Rules ........................................................................................................................3

 SECTION 2: PROJECT ELIGIBILITY .......................................................................................................... 4
 2.1  Award Limitations ........................................................................................................................................4
 2.2  Performance Incentives ...............................................................................................................................4
 2.3  Eligible Projects ............................................................................................................................................5
 2.4  Ineligible Projects ......................................................................................................................................... 5

 SECTION 3: AWARD CRITERIA ................................................................................................................. 5
 3.1  Grid-Supplied Peak Demand Energy Reductions .........................................................................................6
 3.2  Management and Resource Adequacy and Project Readiness ....................................................................6

 SECTION 4: APPLICATION REQUIREMENTS .......................................................................................... 7
 4.1  Technical and Financial Proposal .................................................................................................................7
 4.2  Management and Resource Adequacy and Readiness ................................................................................8

 SECTION 5: APPLICATION REVIEW AND MILESTONE COMPLETION ................................................. 8
 5.1  Project Application Review ..........................................................................................................................8
 5.2  Demonstrating Project Milestone Completion ............................................................................................9
 5.3  Project Cancellation or Modification ......................................................................................................... 10

 SECTION 6: SUBMITTAL INSTRUCTIONS .............................................................................................. 10
 6.1  Submittal Format .......................................................................................................................................10
 6.2  Accurate and Complete Information .........................................................................................................10

 SECTION 7: INCENTIVE AWARD ............................................................................................................. 11
 7.1  Award Decisions .........................................................................................................................................11
 7.2  Measurement and Verification (M&V) Requirements ...............................................................................11
 7.3  Limitations..................................................................................................................................................11
 7.4  Publicity of Applicant’s Participation .........................................................................................................11
 7.5  Reservation of Rights ................................................................................................................................. 11
 7.6  Request for Reconsideration ......................................................................................................................11




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 Section 1: PON INFORMATION AND INSTRUCTIONS
 1.1 Purpose of This Application Request
 Through this competitive Program Opportunity Notice (PON), the Efficiency Maine Trust (the Trust) is
 seeking applications from demand metered customers in Maine with the goal of installing and
 dispatching energy storage systems (ESS) to reduce load during ISO-New England peak load conditions.
 The Trust will refer to this as the Energy Storage System Program Opportunity Notice (this PON).
 Projects awarded through this PON will be supported with funds from Electric Efficiency Procurement.

 1.2 Program Description
 The Trust is seeking applications from customers with demand meters to install and dispatch energy
 storage during ISO-New England peak summer load conditions. The Trust will require participants
 awarded under this PON to remain active in the program for a minimum of 5-years. Incentive awards
 will be $200 per kW (per year for 5 years) of verified ESS dispatch during ISO-New England peak
 summer load conditions. Incentives will be issued following a performance evaluation period each fall
 for the 5-year commitment period. After the 5th year of participation, the customer will be eligible to
 apply for the incentive rate (if any) offered by the ESS PON in effect at the time on a year-to-year basis.
 Annual incentive awards are anticipated to be capped at $600,000 per year per project and $3,000,000
 over five years per project. Eligible systems must be at least 20 kW in size.
 For incentive award consideration, applicants must submit a timely and complete application for an
 eligible project that satisfies the criteria and requirements set forth in this PON.

 1.3 Contact Person
 The Trust encourages any applicant who has interest in this PON to contact the Trust. The Trust’s
 designated contact for this PON is as follows:
 Jesse Remillard, Senior Program Manager
 Efficiency Maine Trust
 168 Capitol Street, Suite 1
 Augusta, ME 04330-6856
 jesse.remillard@efficiencymaine.com
 (207) 368-2558

 1.4 Program Term and Schedule
 The Trust will accept applications to PON EM-005-2024 starting on July 1, 2023. This PON will close
 upon the full commitment of all available funds. The Trust will review applications periodically and
 make awards to applicants who meet the criteria set forth within this PON.

 1.5 Efficiency Maine Trust Rules
 Notwithstanding anything to the contrary in this PON, all applications submitted in response to this
 PON, and any incentive award resulting from this PON, shall be subject to all applicable rules and
 regulations of the Efficiency Maine Trust. See State of Maine Rules Chapters for Independent Agencies,
 95-648 Efficiency Maine Trust.



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 Section 2: PROJECT ELIGIBILITY
 2.1 Award Limitations
 The Trust has budgeted a total of $5,000,000 to be available for qualifying projects submitted under
 PON EM-005-2024. To ensure diversity of participants and minimize program non-performance risk,
 there is an annual performance incentive limit of $600,000 per site per year, not to exceed $3,000,000
 per site over five years. The Trust will guarantee performance incentive eligibility providing that the
 project continues to demonstrate project milestone completion as described in Section 5.2.
 The incentive limit applies to single entities or multiple entities that are part of an affiliated group of
 companies under common ownership or control. Funds received through the Custom Electric PON EM-
 001-2024, Custom Thermal PON EM-002-2024, Custom Distributed Generation PON EM-003-2024 or
 through the Trust’s Commercial and Industrial (C&I) Prescriptive Program for other projects will not be
 considered toward this cap.

 2.2 Performance Incentives
 Events
 The Trust will require a minimum of fifteen (15) three-hour ESS dispatches per summer season when
 electricity demand on the ISO-New England grid is at peak demand conditions. Timing of the ESS
 dispatch events are the sole responsibility of the participant and will not be dictated by the Trust. The
 goal of the program is to reduce facility electric load during the ISO-New England peak system hour or
 the installed capacity (ICAP) hour.
 Incentives
 The Trust will provide an incentive award equal to $200 per kW of validated reduction in grid-supplied
 energy if the ESS was dispatched during summer hours targeting the ISO NE ICAP hour. The system must
 be deployed at least 15 times per summer season (June, July, August, and September). Conditions of the
 performance payment are:
  Each dispatch must be at least 3 hours.
  ISO NE load must be within 15% of the peak summer load for the discharge event to qualify.
 Following an evaluation period in the early fall, the Trust will verify performance and calculate
 incentives. The Trust will calculate incentives by taking the average performance of the dispatched
 energy storage capacity across all fifteen (15) dispatch events using 15-minute interval data. The Trust
 will discard dispatch events from the incentive calculation where those events occur when ISO NE load
 is not within 15% of the peak monthly load. For example, if the ESS dispatched 6 times in June, and 2
 events occurred when ISO NE was not within 15% of the summer peak load, there would be 4 qualifying
 dispatch events for the month.
 Data Requirements
 Customer performance will be measured by interval data collected at the ESS inverter or through the
 ESS management system. All participants are required to install revenue grade metering capable of
 providing 15-minute interval data. The Trust must have access to this data to complete performance
 validation. The cost for any metering equipment and data collection capability required to partake in
 this PON is the responsibility of the customer. For purposes of the performance evaluation, the
 following data must be provided:


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 Energy Storage System Program PON EM-005-2024 v2


  15 min interval data of battery activity for the months of June, July, August, and September.
  15 min interval data of facility load for the months of June, July, August, and September.
 Incentive Distribution
 Incentives will be distributed in the fall after performance is validated. A notification of the incentive
 award will be sent to each participant. This process will take place each fall for a total of five years. The
 Trust will reserve the right to delay incentive payments due to issues such as missing interval data or
 abnormalities in event performance that necessitate further data review.

 2.3 Eligible Projects
 The following are requirements for projects to be eligible for funding under this PON:
  The ESS has yet to be installed;
  The project will be interconnected behind-the-meter;
  The facility must be located in Maine and have an account with a Maine electric utility;
  The ESS will range in capacity from approximately 20 kW to 3,000 kW;
  The facility must have a peak electric demand greater than the total demand reduction
 anticipated from the ESS;
  The ESS must be able to collect and transmit 15-minute interval data;
  An application must be approved by the Trust prior to participation;
  All systems must be designed to maintain a minimum 80% battery round-trip efficiency;
  The energy storage technology must carry at least a 10-year manufacturer’s warranty;
  The energy storage technology must be UL-listed or certified by another nationally recognized
 testing lab and be recognized as meeting all safety requirements; and,
  The system and its components must comply with all manufacturer installation requirements,
 applicable laws, regulations, codes, licensing, and permit requirements.
 Payments awarded under this PON are intended to influence the participation of projects that the
 applicant would not otherwise implement if not for the incentive.

 2.4 Ineligible Projects
 The following projects are not eligible for funding under this program:
  Systems configured for grid export;
  Participants without the required interval metering and data transmission capability;
  Electricity customers receiving service at transmission and subtransmission voltage levels are
 not eligible for the PON.1
  Facilities not located in Maine or served by a Maine electric utility; or,
  Residential and small business customers.

 Section 3: AWARD CRITERIA
 Successful applications for an incentive award will demonstrate the project’s ability to meet or exceed
 the criteria related to peak demand reductions and overall project readiness described in this section.


 1
 For the purposes of this PON, "transmission voltage levels" means 44 kilovolts or more, and "subtransmission
 voltage levels" means 34.5 kilovolts.
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 3.1 Grid-Supplied Peak Demand Energy Reductions
 Dispatch of the ESS must be targeted at ISO-New England summer peak demand times and result in
 verifiable reductions of customer electric load. The Trust will require that the dispatch of the ESS is
 measurable as described in Section 2.2. All applications will be subject to an engineering review to
 validate project feasibility and cost-effectiveness. The Trust reserves the right to request more
 information when reviewing applications and when validating performance.
 The Trust reserves the right to reject applications that do not fundamentally advance the goal of
 reducing grid supplied electricity peak demand. To participate in this PON, an applicant must first
 submit an application and be approved by the Trust for participation.

 3.2 Management and Resource Adequacy and Project Readiness
 Applications will be evaluated based on the resources and management in place to execute and
 maintain projects, as well as an overall assessment of project readiness. Please refer to Section 4 for
 application requirements. The Trust will consider evidence that the following factors are in place when
 assessing project management and resource readiness:
  Technical and Financial Proposal: Applicants must include a clear discussion of how the ESS
 will be dispatched to target ISO-New England peak demand conditions. The applicant should
 also report the anticipated facility-specific electric energy and monetary benefits associated
 with peak demand dispatch during other months of the year. Additional benefits including
 offsetting internal combustion engine emergency generation co-located at the facility should
 also be discussed, if relevant.
  Energy Storage System Technical Specifications: Applicants must include a discussion of the
 ESS’s underlying technologies, equipment and controls configuration, capacity, battery round-
 trip efficiency, siting and permitting considerations, and capability of the system to accurately
 target ISO-New England summer peak demand conditions.
  Project Approvals: Applicants must include evidence that all necessary project execution
 approvals are in place to proceed. If the applicant is unable to secure all necessary approvals
 before submitting the application, it must include a letter from the individual(s) with the
 authority to approve the project clearly stating the conditions needed for approval.
  Costs and Financing: Applicants must include evidence of the ability to fund or finance any
 project costs required to install the ESS through internal sources, third-party financing
 agreements, project partners, or other commitments.
  Project Budget and Schedule: Applicants must include the project’s budget and schedule
 reflecting the required lead time for equipment procurement, installation, and commissioning.
  Permitting and Interconnection: Applicants must include the need for and status of all
 necessary permitting and utility interconnection requirements.
  Project Management Organization and Qualifications: Applicants must include the relevant
 qualifications of the project team including sub-contractors.
  Risk Management: Applicants must include a discussion of the strategies in place to limit
 exposure to uncertain future events that, if they materialize, will impact the ability of the
 project to deliver the claimed demand reductions.

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 The Trust reserves the right to disqualify an application that fails to demonstrate sufficient experience,
 planning, and resources needed to execute a successful project.

 Section 4: APPLICATION REQUIREMENTS
 Applications must present a concise and complete description of the proposed project and the
 applicant’s capabilities for satisfying the requirements outlined in this PON. Applicants must adhere to
 the following outline and page limitations where specified.

 4.1 Technical and Financial Proposal
 The PON response should focus on the Technical and Financial Proposal and has no page restriction.
 The ability for the ESS to provide demand reduction capability and the magnitude of expected peak
 demand impact should be a key focus presented in the Technical and Financial Proposal. The Technical
 and Financial Proposal should include an estimation of the demand impact and the calculation
 methodology, data, inputs, and assumptions used. All information and data that calculations are based
 on should be specific to the project site and as well-documented as possible. Please include a copy of
 the calculations in an Excel workbook or other open format that allows for a transparent review of
 inputs. The analysis should make use of facility metered consumption data and specified equipment
 performance data. Where this data is not available or practical to obtain, inputs and assumptions used
 in the analysis should be project specific and be accompanied by a clear explanation of how they were
 derived. The proposal should include:
  A high-level project description providing the installation location and overall system
 specifications;
  An explanation of the system’s control configuration and sequence of operations that will
 allow for accurate peak demand dispatch and optimized off-peak charging schedules;
  An explanation of how energy storage interval data will be transferred to the Trust;
  The system’s technical specifications and warranty guarantees;
  A description of how the system will be integrated into the existing facility’s operations
 including an electrical diagram;
  A project site plan including the location and layout of the ESS components including, but not
 limited to batteries, inverters/chargers, pumps, management system disconnects, point of
 interconnection, and utility meter;
  A project cost breakdown including equipment, materials, labor, installation, construction,
 commissioning, and any additional requirements to install the system;
  Documentation showing that the project will satisfy all utility interconnection, permitting, and
 safety requirements;
  An estimate of the annual financial costs and benefits associated with summer peak dispatch
 including anticipated incentives from the Trust, and any monetary benefits associated with
 facility peak demand management outside of summer peak;
  Submission of 12-months of facility hourly electric consumption data; and
  A discussion of any other benefits including plans for also utilizing the ESS for backup
 emergency generation and whether it will offset the usage of an internal combustion engine
 emergency generator, if applicable.
 The Trust reserves the right to adjust technical or financial calculations. In all cases, the Trust’s
 determinations with regards to savings and other technical or operational items will be final. The Trust
 also reserves the right to request additional information from applicants.
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 4.2 Management and Resource Adequacy and Readiness
 Please provide a description of the resources and planning in place that ensures project readiness. This
 section should be less than two pages. Relevant information may include:
 1. Project Approvals: Applicants must provide evidence that the necessary internal approvals
 needed to proceed with the proposed project are in place. The Trust understands that these
 approvals may be conditional upon receiving the incentive.
 2. Costs and Financing: Applicants must provide a letter on organizational letterhead signed by
 an authorized representative of the organization acknowledging the participant’s commitment
 to contributing any up-front costs that ensure the participant’s readiness for installation and
 operation of a ESS for the purposes of peak demand dispatch. If project viability is contingent
 on third-party financing, the applicant must identify the lending institution as well as the
 status of the financing. If a third party proposes to provide all or part of the required cost
 sharing, the applicant must include a letter from the third-party stating that it is committed to
 providing a specific minimum dollar amount and demonstrating its ability to do so. The letter
 should also identify the proposed cost-sharing arrangement. Letters must be signed by the
 person authorized to commit the expenditure of funds by the entity.
 3. Project Budget and Schedule: Applicants must provide a detailed project budget and schedule,
 including a chart showing project milestones that include but are not limited to the following:
  Planned equipment purchases, installation, and commissioning;
  Other significant budget items and the funding schedule;
  Any pending internal or external approvals that are necessary for the project to move
 forward and a date certain for obtaining them;
  All interconnection and permit approvals required to proceed with the project; and,
  Risk management strategies.
 4. Permitting and Interconnection: Applicants must provide a brief explanation of permits and
 interconnection approvals necessary to proceed with the project and an explanation of the
 process and timeline required to receive them. If possible, the applicant should provide
 documentation from the relevant permitting authority confirming the applicant’s
 understanding of their standing within the permitting and interconnection process.
 5. Project Management Organization and Qualifications: Provide an organizational chart or
 explanation of roles and responsibilities of key project staff and partnership relationships.
 Include relevant corporate qualifications. Resumes may be included.
 6. Business and Financial Condition: The applicant must be a business in good standing in the
 State of Maine. In addition to requiring evidence of management and resource adequacy and
 readiness to construct and operate the project, the Trust may consider other relevant
 information regarding the applicant’s business and financial condition.

 Section 5: APPLICATION REVIEW AND MILESTONE COMPLETION
 5.1 Project Application Review
 Once an application has been received by the Trust, the project will undergo a technical and financial
 review. The Trust or a third-party retained by the Trust will review all application materials for program
 requirements compliance. Based on this review, the Trust reserves the right to request additional
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 information. Once a satisfactory review is completed, the incentive will be conditionally reserved by
 the Trust and the project team will be required to demonstrate that the project is being installed in
 accordance with the design and system components as submitted in the application. It should be
 noted that the conditional incentive award does not guarantee that the system design, engineering,
 construction and/or installation of the ESS is proper or in compliance with any laws, regulations, codes,
 or industry standards. If the project requires modification based on the submitted application at any
 stage, the project team must submit documentation reporting these modifications and any anticipated
 impact on the system’s demand impact performance. The project modification must be approved
 before the incentive payment is made. Upon inspection, if it is determined the system is not installed
 as approved, the incentive approval may be terminated.

 5.2 Demonstrating Project Milestone Completion
 Upon project approval, the incentive may be guaranteed for 730 days (2 years) should the applicant
 meet the milestones described in this section. The Trust may grant an extension as needed for
 circumstances outside of the control of the project team such as permitting or interconnection
 approval delays. All extension requests must be submitted prior to each milestone’s respective due
 date. The following major project development milestones must be demonstrated to the Trust in order
 for incentive funds to continue to be reserved. Failure to provide evidence of meeting these
 milestones may result in incentive termination. A brief project update must be provided based on each
 milestone completion.
 Milestone 1:
 Within 60 days of project approval, the following must be submitted to the Trust. Projects that have not
 submitted these documents within 60 days may have incentives terminated unless a request for
 extension including the reason for the request has been submitted and approved by the Trust.
 1. Copy of utility interconnection application and confirmation of receipt from the utility;
 2. Letter of intent detailing applicant’s financing plan for the system; and,
 3. Copy of preliminary system design
 Milestone 2:
 Within 180-365 days of project approval, the following must be submitted to the Trust. Incentives for
 projects that have not submitted these documents within 180 days may be canceled unless a request for
 extension including the reason for the request has been submitted and approved by the Trust.
 1. Proof of equipment purchase orders;
 2. A completed building permit and electrical permit application;
 3. A completed fire permit application (if applicable); and,
 4. Proof of payment of the cost of interconnection upgrade costs (if applicable).
 The project team must keep approved permits current and not expired.
 Milestone 3:
 To continue reserving incentive funds, the following required deliverables for the project must be
 submitted to the Trust within 365 to 730 days. Incentives for projects that have not submitted these
 documents within 730 days may be canceled unless a request for extension including the reason for the
 request has been submitted and approved by the Trust.
 1. Local building department approval and electrical permit approval;
 2. Fire department approval (if applicable);
 3. Utility interconnect permission to operate letter;


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 4. Submission of the final as-built electrical drawing stamped by a Maine Professional Engineer (PE)
 and electrical inspection certificate;
 5. The total installed project cost;
 6. The decommissioning plan;
 7. Evidence of applicable UL certifications for system equipment
 8. All required safety certifications; and,
 9. A commissioning report documenting the results of commissioning in accordance with
 manufacturer specifications.

 The decommissioning plan should address the manner in which the ESS and its components will be
 recycled or safely disposed of at the end of life or following system damage or failure, including how the
 site will be restored to its original state, if necessary. The decommissioning plan must include disposal
 options that comply with all relevant local, State, and Federal laws and regulations.

 Milestone 4:
 Upon proof of installation, commissioning, and successful dispatch performance, the following is
 required after the first performance period:
 1. A brief report documenting the successful dispatch of the system including a description of
 the times, magnitudes, and duration of system dispatch.
 2. Provision of the required 15-minute interval data to the Trust required for performance
 validation and incentive calculation.

 5.3 Project Cancellation or Modification
 Requests to cancel or modify a project must be submitted to the program contact listed in Section 1.3.

 Section 6: SUBMITTAL INSTRUCTIONS
 Applicants are encouraged to contact the Trust as they are developing their projects. To be considered
 for review, applications must adhere to the following specifications:

 6.1 Submittal Format
 Applications must be emailed to the point of contact outlined in Section 1.3 or
 Custom@efficiencymaine.com and referencing:
 PON-005-2024 v1
 PROGRAM OPPORTUNITY NOTICE FOR
 ENERGY STORAGE SYSTEM PROGRAM

 6.2 Accurate and Complete Information
 By submitting an application or proposal, the Applicant is making a representation to the Trust that all
 information provided in connection with the application or proposal is complete and accurate at the
 time of submission. The intentional provision of any false or misleading information, or the intentional
 omission of material information, will result in the application or proposal being deemed ineligible and
 may result in the Applicant’s suspension or debarment from participation in Trust programs.




 {P1991284.1} 10
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 Energy Storage System Program PON EM-005-2024 v2


 Section 7: INCENTIVE AWARD
 7.1 Award Decisions
 Following the summer peak demand dispatch performance validation process, award decisions will be
 made by the Trust and communicated to the applicant in writing via email. Notwithstanding any
 statement or prior course of conduct to the contrary, no incentive shall be deemed awarded in the
 absence of a specific written notice of award from the Trust. Awards are conditioned on and subject to
 the terms and conditions of this PON.

 7.2 Measurement and Verification (M&V) Requirements
 All recipients must agree to independent verification of summer peak demand (kW) reductions. Actual
 award of an incentive will be conditional on applicant acceptance of these M&V requirements.

 7.3 Limitations
 This solicitation does not commit the Trust to make an award, to pay any costs incurred in preparing
 an application or provide oral or written clarification of its contents, or to procure or contract for
 services or supplies.
 The Trust reserves the right to reject any application that in its sole determination does not meet the
 requirements and specifications of this PON, the Trust’s rules, Maine law, or generally accepted
 business practices, or which contains inaccurate or incomplete information. The Trust may seek
 clarifications and supplementation of applications as it may deem reasonable.
 This PON is a competitive solicitation. The Trust reserves the right to select project applications for
 award in its discretion, consistent with the Trust’s rules, that most fully satisfy the criteria and
 objectives of this PON. The Trust will award funds for approved applications only if sufficient funding is
 available when the application is reviewed. The Trust may elect not to award all of the available funds
 through this PON and may issue another PON for the remaining funds. Additionally, the Trust reserves
 the right to award less than the amount requested by an applicant.

 7.4 Publicity of Applicant’s Participation
 The Trust reserves the right to disclose certain information about the applicant’s participation in the
 program, including, but not necessarily limited to, the applicant’s name, the incentive amount, and
 projected demand impacts. Applicants may seek to have certain energy consumption and business
 sensitive information treated as confidential pursuant to Title 35-A MRSA §10106.

 7.5 Reservation of Rights
 The Trust reserves the right to cancel or extend the PON term at any time. The Trust also reserves the
 right to reject any and all submissions in response to this PON and to waive formalities if doing so is in
 the best interests of the Trust.

 7.6 Request for Reconsideration
 An aggrieved person may request a hearing for reconsideration of an award decision by filing a written
 petition with the Executive Director of the Trust within 14 calendar days of the notification of the
 contract award. Each petition to reconsider must meet the requirements specified in Efficiency Maine
 Trust Rule Chapter 1, Contracting Process for Service Providers and Grant Recipients, Section 5(B),

 {P1991284.1} 11
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 Energy Storage System Program PON EM-005-2024 v2


 which can be found on the Efficiency Maine Trust website in the Policies section of the Library:
 http://www.efficiencymaine.com/docs/Chapter-1-Contracting-Process-for-Service-Providers-and-
 Grant-Recipients.pdf




 {P1991284.1} 12
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 Page 90
 ATTACHMENT C




Introduc�on & Progress to Date

Portland Interna�onal Jetport (“PWM”) is pleased to submit the following applica�on to Eﬃciency Maine
Trust for a funding request under PON EM-005-2024. PWM is seeking a 5-year incen�ve award of $200
per kilowat, with a proposed program enrollment of 1,250 kW, to support the installa�on of a
1.9MW/5MWh behind-the-meter lithium-ion energy storage system (“ESS”) at PWM’s airport facility in
Portland, Maine. PWM plans to own and operate the ESS. As detailed in the following sec�ons, PWM has
conducted signiﬁcant due diligence over the last 12 months to complete ini�al development eﬀorts,
advance project readiness, and assemble a qualiﬁed team that can deliver a successful project.

PWM takes pride in being a forward-thinking energy leader in Maine. In 2011, PWM completed a large-
scale geothermal hea�ng and cooling system as part of a $75 million terminal expansion. The project is
the largest geothermal installa�on in Maine and was a crea�ve ﬁrst in the transporta�on industry, with
PWM leveraging a Federal Avia�on Administra�on Voluntary Airport Low Emissions Grant to support
project implementa�on. In 2017, PWM completed the installa�on of a large solar photovoltaic canopy
on the upper level of the parking garage next to the terminal. The solar array includes nearly 1,400
panels covering over 29,000 square feet and has helped reduce PWM’s energy costs and greenhouse gas
emissions. PWM plans to install addi�onal solar genera�on onsite in the coming years.

Over the last year, PWM has evaluated establishing a microgrid at the terminal that u�lizes a large-scale
ESS to manage the facility’s grid demand and provide backup power to the facility in the event of a CMP
service outage. In December 2022, PWM retained Compe��ve Energy Services, LLC (“CES”) to perform a
preliminary feasibility analysis for a behind-the-meter ESS installa�on at the terminal, which included a
system sizing review based on PWM’s interval grid demand data and the development of a ﬁnancial pro
forma for ESS opera�ons that incorporates the various value streams available for a behind-the-meter
system in Maine. These value streams include transmission demand charge reduc�on under CMP’s
coincident peak transmission tariﬀ (“Rate B-CPT”), distribu�on demand charge reduc�on, capacity tag
and energy arbitrage savings for PWM’s electric supply charges, pay-for-performance payments through
Eﬃciency Maine’s new energy storage program, and the federal investment tax credit (“ITC”) through the
new direct pay provision created by the Inﬂa�on Reduc�on Act of 2022.

In January 2023, CES issued a Request for Proposal (“RFP”) on behalf of the City of Portland seeking
proposals from qualiﬁed ESS developers and integrators for engineering, permi�ng, procurement,
construc�on, commissioning, and ongoing maintenance services for the project. The RFP requested
proposals for an as-built purchase where PWM would ﬁnance the upfront cost of the ESS. The RFP was
administered compe��vely and in accordance with the City of Portland’s public procurement
requirements. In March 2023, PWM received proposals from four ﬁrms by the RFP submission deadline.

Following a review of proposals and ﬁnalist interviews, PWM chose to issue a preliminary award to
Ameresco. A copy of Ameresco’s proposal is atached to the applica�on for reference. Ameresco will
serve as the engineering, procurement, and construc�on (“EPC”) lead and will be supported by New�lity
on system design. Following commissioning of the ESS, Ameresco will maintain the system under a
maintenance service agreement. Ameresco’s ini�al proposal included a total as-built purchase price of
roughly $3.5 million for a 1MW/4MWh ESS manufactured by Tesla and an as-built purchase price of $4.6
million for a 2MW/5MWh ESS manufactured by Kore. PWM determined that Ameresco and New�lity
oﬀer suﬃcient experience and qualiﬁca�ons in designing and construc�ng behind-the-meter ESS. PWM
plans to fund the as-built purchase of the ESS using opera�ng funds.

 1


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In September 2023, PWM and Ameresco executed a leter of intent for the project. The agreement
establishes the roles and responsibili�es of each party to complete the necessary due diligence for PWM
and other key stakeholders at the City of Portland to be able to make a ﬁnal decision on execu�on of the
as-built purchase agreement. The leter of intent includes having Ameresco and New�lity complete a
ﬁnal design of the system, prepare and submit an interconnec�on applica�on to CMP, complete CMP’s
system impact study, and conduct preliminary outreach within the City of Portland on local authority
having jurisdic�on permi�ng requirements for the project. The par�es have agreed to act in good faith
to nego�ate and execute a ﬁnal as-built purchase agreement assuming CMP’s interconnec�on study
results, Ameresco’s ﬁnal system pricing, and the ﬁnal system design are acceptable to PWM.

In December 2023, PWM submited an interconnec�on applica�on for the project to CMP. The Level 3
applica�on includes a detailed system design and layout for a 1.9MW/5MWh ESS manufactured by Tesla.
The project team collec�vely agreed to proceed with the larger nameplate power capacity sizing in order
to 1) fully enable PWM to u�lize the system as a backup power source in the event of a local CMP grid
outage under all exis�ng load condi�ons at the facility and 2) provide necessary ﬂexibility for future
opera�ons of the ESS based on expected load growth at the terminal over the useful life of the ESS.

PWM is aiming to have the ESS constructed and opera�onal by Summer 2025. However, the project
�meline is subject to CMP’s interconnec�on study process. PWM recognizes there is the poten�al for
signiﬁcant project delays if CMP and ISO New England require transmission cluster study for the project.

PWM’s proposed project meets Eﬃciency Maine’s eligibility requirements for funding under this PON:

 • The ESS has yet to be installed;
 • The ESS will be interconnected behind-the-meter at PWM’s exis�ng CMP accounts serving the
 west terminal, which will be consolidated as part of the project interconnec�on;
 • The ESS will be located in Maine and will u�lize PWM’s exis�ng CMP accounts at the terminal;
 • The ESS’ nameplate power capacity is 1,900 kW, which falls within Eﬃciency Maine’s allowable
 range of 20 kW to 3,000 kW;
 • The facility’s peak electric demand as measured over the last 12 months was 1,056 kW.
 Addi�onal load growth at the facility, in par�cular renova�on of several jet bridges with air
 condi�oning, is expected to increase peak summer demand to 1,250 kW by 2026.
 • PWM will be able to collect and transmit 15-minute interval data from the ESS to Eﬃciency
 Maine, including charging rate, discharging rate, and state of charge readings;
 • Tesla’s ESS is designed to maintain a round-trip eﬃciency greater than 80%;
 • Tesla oﬀers a 15-year manufacturer’s warranty for the ESS, exceeding Eﬃciency Maine’s 10-year
 minimum requirement;
 • Tesla’s ESS is UL-listed and is recognized as mee�ng all safety requirements; and,
 • The ESS and its components will comply with all manufacturer installa�on requirements,
 applicable laws, regula�ons, codes, licensing, and permit requirements.

Please do not hesitate to contact me with any ques�ons on the applica�on. I can be reached by phone at
207-874-8877 or by email at phb@portlandmaine.gov. PWM welcomes feedback from Eﬃciency Maine
on the applica�on and looks forward to working with Eﬃciency Maine to advance this important project.

Paul Bradbury, Airport Director


 2


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Technical and Financial Proposal

The proposed ESS layout and si�ng is shown in the images below and is further detailed in the atached
document �tled ‘Portland Jetport ESS Site Plan & One Line Diagram’. This document provides the
proposed installa�on loca�on, layout of ESS components, point of interconnec�on, system metering, and
an electrical one-line diagram showing the proposed integra�on into PWM’s and CMP’s exis�ng
electrical infrastructure. As shown in the images below, the ESS will be installed at the junc�on of Jetport
Boulevard and Interna�onal Parkway. This intersec�on serves as the primary road entrance to the
terminal and will make the ESS highly visible to the public. The second image below shows that the area
adjacent to the proposed ESS footprint will be turned into a surface parking lot, which PWM an�cipates
will be completed prior to installa�on of the ESS.

PWM ini�ally considered installing the ESS directly adjacent to the two CMP-owned transformers serving
the west terminal. These transformers are highlighted in the ﬁrst image at the terminus of the pink line
and are marked as “Exis�ng Loads”. However, this footprint may be used for a new parking garage within
the next 15 years, and the conﬁgura�on of CMP’s secondary service to the west terminal makes it
challenging to meet PWM’s desired backup power func�onality. PWM believes the proposed ESS si�ng
next to the new surface lot will best meet PWM’s technical objec�ves and opera�onal needs.




 3


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 4


Page 94
Hourly grid electricity consump�on data for the west terminal’s two exi�ng CMP accounts, Account
Number 35011143621 and Account Number 35012385551, is provided in the atached Microso� Excel
workbook �tled ‘Portland Jetport_Hourly CMP Data_Dec22-Nov23’. The ﬁle includes 12 months of
hourly data spanning December 2022 to November 2023. To enable using the ESS as a backup power
source for the terminal in the event of a local CMP grid outage, PWM is proposing to consolidate these
two accounts as part of the project interconnec�on and to establish a new primary service and account
with CMP. We can discuss this requirement with Eﬃciency Maine further upon request. PWM does not
an�cipate the ESS will materially oﬀset use of PWM’s exis�ng emergency backup generators.

The ESS will be designed with a metering and data historian system that allows PWM to record, store,
export, and transmit 15-minute and hourly readings from the system. Through the HMI that will be
conﬁgured and provided by Ameresco and New�lity, PWM will be able to collect and transmit Eﬃciency
Maine’s requested data, including charging rate, discharging rate, and state of charge readings.

The ESS’ technical speciﬁca�ons and warranty guarantees are provided in the atached document �tled
‘Portland Jetport_Tesla Megapack 2 XL Datasheet’. An overview of the ESS’ safety features and design is
provided in the atached document �tled ‘Portland Jetport_Tesla Megapack 2 XL Safety Overview’. This
safety documenta�on, along with the protec�ve relaying scheme detailed in the electrical one-line
diagram, demonstrates that the project will sa�sfy all u�lity interconnec�on, permi�ng, and safety
requirements.

A preliminary ﬁnancial pro forma for the project is included in the atached Microso� Excel workbook
�tled ‘Portland Jetport_ESS Pro Forma’. The 20-year pro forma provides an es�mate of the annual
ﬁnancial costs and beneﬁts expected by PWM including an�cipated incen�ves from the Trust for
summer peak dispatch and monetary beneﬁts associated with facility peak demand management
outside of the summer months. In addi�on to showing the $200 per kW pay-for-performance incen�ve
provided by Eﬃciency Maine, the pro forma presents projected opera�onal performance and associated
savings from transmission demand charge reduc�on under CMP’s coincident peak transmission tariﬀ
(“Rate B-CPT”), distribu�on demand charge reduc�on, capacity tag and energy arbitrage savings for
PWM’s electric supply charges, $35 per kW pay-for-performance payments through Eﬃciency Maine’s
load management program following the ﬁ�h year of ESS opera�ons, and an es�mated ITC payment in
year one of opera�ons valued at 30% of the ESS’ installed cost.

The pro forma also presents the projected upfront as-built purchasing cost for the ESS and ongoing
opera�onal expenses PWM expects to incur under Ameresco’s maintenance service agreement and for
dispatching support from CES. The pro forma does not include an es�mated cost for PWM to establish
the new primary account with CMP and to consolidate the two exis�ng accounts. PWM plans to apply to
the Maine Governor’s Energy Oﬃce for federal funding to support this service reconﬁgura�on and to
add suﬃcient energy capacity to the ESS for backup emergency purposes. PWM an�cipates applying for
this funding in early 2024 once the Governor’s Energy Oﬃce solicits proposals. 1


1
 On July 6, 2023, Maine received approval of a $4.4 million Grid Resilience State and Tribal Formula Grant from the
U.S. Department of Energy, which aim to ensure the reliability of power sector infrastructure so that communi�es
have access to aﬀordable, reliable, clean electricity. Maine’s Grid Resilience Grant Program seeks to improve the
resilience of the electric grid while encouraging grid moderniza�on and clean energy deployment, workforce


 5


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The ESS pro forma includes an as-built purchase cost of $4.26 million for the ESS. This pricing has been
provided by Ameresco and is roughly 10% lower than when the Jetport ran its RFP in 2023 based on
current batery market condi�ons. The following table provides a breakdown of this total by equipment,
site prepara�on, labor, and project management costs:




The ESS will be operated by PWM personnel with dispatch support and advisory provided by CES. CES
will provide daily instruc�ons to PWM detailing recommended charging and discharging ac�ons for the
next 24 hours, along with a 72-hour look ahead of expected opera�ons. CES provides this ESS
dispatching advisory to other large end users in New England and has the relevant exper�se and
qualiﬁca�ons to deliver this service to PWM. As shown in the ESS site plan, the ESS will be conﬁgured
with protec�ve relaying to adhere to CMP’s non-expor�ng requirements for Level 3 projects.

PWM is an�cipa�ng the ESS will be cycled approximately 150 �mes per year. During July and August, the
ESS will be discharged each weekday from at least 5 P.M. to 9 P.M. with the aim to realize distribu�on
demand charge savings for the facility. Discharging may be extended on these weekdays or may occur on
weekends in these two summer months depending on CMP loads (i.e., targe�ng transmission demand
charge reduc�on) and ISO New England loads (i.e., targe�ng capacity tag reduc�on). From September to
June, PWM expects to discharge the ESS on roughly 10 weekdays per month on average. This cycle count
will vary by month depending on CMP’s regional network service loads, which dictate when the ESS can
produce poten�al transmission savings for PWM under the B-CPT tariﬀ. Scheduled maintenance will also
need to be accounted for in opera�on, which PWM an�cipates will occur in the shoulder season months.

An important component of these value streams is how PWM’s retail electricity supply contract is set up.
CES advises the City of Portland on its electricity supply procurement. PWM currently u�lizes a ﬁxed all-
inclusive supply contract structure, meaning its supplier charges a single ﬁxed price covering all cost
components including market energy, ancillary services, fuel security, Renewable Por�olio Standard
compliance, and capacity. To enable direct capacity tag savings and energy arbitrage savings from ESS
opera�ons while also allowing PWM to mone�ze contracted net energy billing credits, CES and PWM
expect to structure future electricity supply contracts for the facility with a ﬁxed price true-up structure.


opportuni�es, and strengthening community resilience to disrup�ve events. The Maine Governor’s Energy Oﬃce
has indicated that in the coming months, it will conduct a compe��ve solicita�on process to iden�fy projects that
advance the program goals. According to the GEO, funding may be used for a range of resilience measures
including use or construc�on of distributed energy resources for enhancing system adap�ve capacity during
disrup�ve events, grid hardening measures, and advanced modeling and control technologies.

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Management and Resource Adequacy and Readiness

PWM has made substan�al progress on project development to date that supports project readiness and
has assembled a qualiﬁed project team to eﬀec�vely execute the proposed scope of work. PWM has a
demonstrated track record of successfully developing large complex infrastructure projects at the facility.

PWM’s project management is being led by Paul Bradbury, Airport Director. Ameresco is responsible for
EPC management. Ameresco’s team lead is Luke Brostek, Senior Project Engineer. New�lity is responsible
for system design and technical integra�on. New�lity’s team lead is Eli Ladd, Owner and Principal
Engineer. CES is responsible for serving as PWM’s owner’s representa�ve during system design,
permi�ng, and construc�on. CES’ team lead is Eben Perkins, Chief Strategy Oﬃcer.

As previously discussed, project viability is not con�ngent on third-party ﬁnancing. PWM plans to
complete an as-built system purchase using opera�ng funds allocated by the City of Portland. The City of
Portland has a strong business and ﬁnancial posi�on and is in good standing with the State of Maine. A
statement on PWM’s ﬁnancing plan and commitment to the project is provided in the atached
document �tled “Portland Jetport_Project Financing Statement”.

As previously discussed, PWM is aiming to have the project online by Summer 2025. PWM submited the
interconnec�on applica�on for the project to CMP on December 14, 2023. This submission followed two
months of design, engineering, and prepara�on work. Looking forward, the project’s �meline is subject
to CMP’s requirements and �ming to complete the interconnec�on study process. If CMP only requires a
distribu�on impact study, the project team es�mates an interconnec�on agreement may be executed
with CMP by June 28, 2024.

Following a determina�on from CMP on whether a transmission-level study is required, the project team
will ﬁnalize the proposed schedule for the following ac�on items across 2024 and 2025. The poten�ally
signiﬁcant delay posed by a transmission-level study would impact the �ming of these milestones:

 • Civil survey of proposed ESS footprint.
 • Pre-mee�ng with City of Portland stakeholders to discuss authority having jurisdic�on
 permi�ng requirements including building, electrical, and ﬁre permits.
 • Applica�on submission to the City of Portland for authority having jurisdic�on permits.
 • Execu�on of ﬁnal as-built purchase agreement between PWM and Ameresco.
 • ESS equipment no�ce to proceed issued by PWM. At present, the longest lead-�me equipment
 item is switchgear with a 40-week expected wait �me (subject to change).
 • Construc�on no�ce to proceed issued by PWM.
 • Site mobiliza�on, onsite construc�on, and commissioning.

These ac�vi�es are inten�onally listed in the order in which they would be completed. This approach
mi�gates project development risk for PWM by enabling key development variables and uncertain�es,
namely u�lity interconnec�on approval and local authority having jurisdic�on approval, to be resolved
prior to PWM making substan�al ﬁnancial investments in ESS equipment purchasing.

PWM is available to discuss the proposed project schedule and development requirements with
Eﬃciency Maine upon request.



 7


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City of Portland | Sustainability Office
Troy Moon, Director



To: Sustainability and Transportation Committee
 Regina Phillips, Chair




MEETING DATE
February 12, 2025

AGENDA ITEM
Agenda Item #3C – Proposed amendments to Chapter 34, Landcare

PURPOSE
To review amendments to Chapter 34 to allow the use of chlorantraniliprole to control
grub infestations.



BACKGROUND/ANALYSIS

On December 3, 2024, the Sustainability Office received a waiver request from
Cheverus High School to treat a severe grub infestation on their athletic fields located
on Ocean Avenue. School officials described and documented severe damage to the
turf caused by the grubs feeding on the roots of the turf grass as well as damage
caused by birds and other animals digging up the fields as they forage for grubs to eat.
Over the course of two years, school personnel implemented extensive cultural
practices to control grubs and deployed several strategies to deter the birds and
animals from entering the athletic fields. This included two treatments of an organic
product based on the bacterium Bacillus thurigiensis (Bt) as well as installation of
automated noise making devices and animal decoys that proved unsuccessful in
deterring the foraging wildlife.

The documentation provided by school officials demonstrates the damage to the
athletic fields has created an unsafe playing surface that threatens the safety of
student athletes because the ground has become uneven and the damaged turf grass
provides poor traction. These conditions increase the likelihood that athletes and
officials may trip or fall unexpectedly leading to injuries.




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(Photo of field damage and a decoy intended to deter animals from foraging.)

To address the grubs, Cheverus filed for an ordinance waiver that would allow them to
use an otherwise prohibited pesticide to treat their fields. As required, they
documented the problem, demonstrated that they had considered alternatives, and
proposed a treatment plan. They proposed the use of Acelepryn (active ingredient
chlorantraniliprole), a product classified as “reduced risk” by the EPA. They proposed
to follow the application method and application rate recommended on the product
label, which is to use a spreader to broadcast the product onto the field surface. As
demonstrated in their waiver request, the entire playing surface is the target area
impacted by the grubs.

After reviewing the application and the ordinance, Sustainability Office staff
determined that we could not accept the waiver request because Chapter 34 prohibits
the use of broadcast applications. Corporation Counsel indicated that an appropriate
path to address this issue would be to pursue an amendment to the ordinance to
exempt the use of Acepepryn to treat grub infestations.


 2

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On February 4, 2025, staff presented draft ordinance amendments to the Landcare
Management Advisory Committee (LMAC) to hear their comments and feedback. As
noted in Chapter 34, the LMAC’s role is to provide advice to the Sustainability Director
and City Council regarding the implementation of the Landcare ordinance. The
committee held a lengthy discussion regarding draft amendments suggested by staff.
The committee members broadly agreed that tightening the proposed language to
exempt only chlorantraniliprole rather than any reduced risk pesticide would be
advisable and that any applications should be reported to the Sustainability Office so
that usage of the product may be tracked. Staff also proposed amending the
composition of the waiver subcommittee but, following discussion, has chosen to
have further discussion with the LMAC before recommending that change to the
Sustainability and Transportation Committee.

The LMAC reconvened on February 11 to consider revised staff recommendations.
Following discussion, the committee voted 5-2 to recommend the following
amendments be made to Chapter 34 of City Code:

Chapter 34-5 section 4, Exempt Applications: add

ix.​ Grub control application: Chlorantraniliprole may be used to control grubs if applied
by a Professional Applicator as directed by the manufacturer. All such applications shall be
reported to the Sustainability Director.

Chapter 34-7 Waivers




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The reasons for the recommendation are:

 1.​ Lack of an organic treatment method to address grub infestations

Healthy, organically maintained turf is highly resistant to grub infestation and
damage, but grubs can become established even in healthy turf. When this happens,
there are no organic methods that reliably control grub populations in Maine.
Researchers continue to explore options such as Milky Spore, which is a type of
bacteria that is harmful to grubs, application of nematodes, and application of
another bacterium, Bacillus thurigiensis (Bt). To date, they have not demonstrated
effectiveness, as demonstrated by the two failed treatments at Cheverus.



 2.​ Chlorantraniliprole presents minimal impact to the environment and to the
 public when used as directed on the product label

Using organic practices to build and maintain soil health remains the first defense
against grub damage, but in the event of an infestation that causes unacceptable levels
of damage, Chlorantraniliprole is a low-risk way to control them. It is classified as a
reduced-risk pesticide by the EPA and, as noted on its product label, “When used as
directed, this product does not present a hazard to humans or domestic animals.” It is
deemed safe enough that the EPA does not require a cautionary signal word such as
Caution or Warning. Organic products such as Bt and Milky Spore, which are
ineffective but currently allowed by our ordinance, must display a cautionary signal
word of Caution and note hazards to humans and domestic animals.
Chlorantraniliprole is toxic to aquatic invertebrates but this threat can be mitigated by
following the guidance on the product label. Chapter 34 restricts application of any
pesticide within 75’ of a waterbody.

 3.​ Athlete safety

According to the Sports Field Management Association, natural turf fields with good
quality turfgrass cover have higher traction, cushioning, and resiliency, and lower
surface hardness than synthetic surfaces. This reduces the probability of injury in
contact sports. Natural turf also provides cooler playing surfaces. However, these
advantages are diminished when natural turf fields have damage from grub
infestations such as bare spots, uneven playing surfaces, and loose grass surfaces that
can cause athletes to fall or slide unexpectedly. This can result in serious injuries.



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Having a means to treat grubs will help field managers maintain high quality natural
turf playing surfaces that reduce the likelihood of athlete injury.
FISCAL IMPACT
No fiscal impact anticipated.

CONCLUSION(S)
Staff recommends passage of the amendments allowing the use of chlorantraniliprole
to treat grubs because there is no effective organic treatment available. Grubs can
infest well maintained turf and cause extensive damage that will continue until the
population of grubs present in the turf is reduced. While not organic,
chlorantraniliprole can effectively control grubs with minimal risk to public health
and the environment.

PRIOR COMMITTEE REVIEW
The Landcare Management Advisory Committee discussed this issue on February 4
and will review the final staff recommended amendments on February 11.

PREPARED BY
Troy Moon
Sustainability Director
Executive Department


ATTACHMENTS
Redlined version of Chapter 34 prepared by Corporation Counsel
Cheverus waiver application and back up material




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Code of Ordinances Chapter 34
Sec. 34-1 Rev. 9-19-2022




 Chapter 34


 LANDCARE

Sec. 34-1. Title.

 This chapter shall be known as the City of Portland
Landcare Ordinance (hereinafter, the “Ordinance”).
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-2. Purpose.

 The purpose of this ordinance is to safeguard the health,
safety and welfare of the residents of the City and to conserve
and protect the City’s waterways and natural resources by
curtailing the use of pesticides and fertilizers for turf,
landscape and outdoor pest management.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-3. Definitions.

 The following words, terms and phrases, when used in this
ordinance, shall have the following meaning:

 Aggrieved party means an individual or entity that applies
for but is denied a waiver from provisions of this ordinance as
described in Section 34-6.

 Broadcast application means the spreading of pesticides
over an entire area.

 Commercial Agriculture means the production of crops for
sale, including crops intended for widespread distribution to
wholesalers or retail outlets and any non-food crops.

 Compost means soil amendment made from decomposing organic
matter used to improve soil structure and nutrient holding
capacity. For the purposes of this ordinance, compost is not
considered a fertilizer.

 Emergency means a serious, unexpected, and often dangerous
situation requiring immediate action.




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 Environmentally sensitive areas means areas that are
particularly vulnerable to fertilizer nutrient loss and/or where
direct transmission of fertilizer nutrients to surface water or
ground water is likely. This includes coastal and freshwater
wetlands, beaches and sand dunes, streams and tributary streams

 EPA means the United States Environmental Protection
Agency.

 Fertilizer means a substance containing one or more plant
nutrients and used for its plant nutrient content. State law
requires that all fertilizer products be registered with its
department of agriculture prior to distribution.

 FIFRA means the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. § 136 et seq.

 Golf course means an area of land laid out for playing the
game of golf with a series of 9, 18 or more holes. Mini-golf
and disc golf courses are not considered golf courses.
 Heavy rain event means a rain event producing 0.5 inch or
more of precipitation in a one hour period.

 High Use Athletic Facilities means the following playing
fields located in the following parks as listed in Chapter 18,
section 18-11: Fox Field, Quinn Field and Deering Oaks Baseball
Field at Deering Oaks Park; Back Cove Park; and Payson A Field
in Payson Park. It shall also include Presumpscot Field at
Deering High School.

 Hydro-seeding means the process of seeding by pumping seed
in a mixture of water through a nozzle that sprays the mixture
onto a seedbed. The water mixture may also contain add-ins such
as fertilizer and certain mulches.

 Landcare means a land management approach intended to
prevent soil degradation and responsibly manage land resources,
and cultivate environmental health.

 Landcare Management Advisory Committee (LMAC) means the
Landcare Management Advisory Committee as described in this
Chapter.

 New development means any alteration of land for the
purposes of construction or reconstruction redevelopment that



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Sec. 34-3 Rev. 6-17-2024

results in soil disturbance and/or compaction, vegetation
removal, and/or regrading.

 Organic fertilizer means a fertilizer derived from either
plant or animal products that contain nutrients for plant
growth. It is acceptable for the materials in these fertilizers
to have been subjected to biological degradation processes under
normal conditions of aging, rainfall, suncuring, air drying,
composting, rotting, enzymatic, or anaerobic/aerobic bacterial
action, or any combination of these. In order to qualify as
organic fertilizer, the materials in these fertilizers may not
be mixed with synthetic materials or changed in any physical or
chemical manner from their initial state except by manipulations
such as drying, cooking, chopping, grinding, shredding,
hydrolysis, or pelleting in order to qualify as organic
fertilizer. Organic fertilizers are broken down by, and feed,
the microbial life in the soil.

 Organic landcare means a landcare management technique that
integrates cultural, biological, and mechanical practices to
build soil health, including practices such as mowing at higher
levels, aeration, top dressing with compost, over-seeding, and
watering deeply but infrequently, and without the use of toxic
pesticides and synthetic fertilizers.

 Organic material means the organic matter component of
soil, consisting of plant and animal detritus at various stages
of decomposition, cells and tissues of soil microbes, and
substances that soil microbes synthesize.

 Over-seeding means the application of additional turfgrass
seeding to existing turf.

 Performance turf means grounds devoted to athletic fields
and golf courses.

 Prills means a small aggregate or globule of a material,
most often a dry sphere or pellet. Fertilizers and some
detergent powders are commonly manufactured as prills.

 Repellant means a substance that deters insects or other
pests from approaching or settling.

 Invasive Species means a plant or insect that is not native
to a particular ecosystem, and whose introduction does or is
likely to cause economic or environmental harm or harm to human



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health. Invasive species include those plants listed under the
Maine Department of Agriculture, Conservation and Forestry’s
Natural Areas Program as currently invasive, potentially or
probably invasive, and highly likely but not currently invasive,
as well as those insects listed by the Maine Forest Service as
threats to Maine’s forests and trees.

 Natural, organic or "non-synthetic" means a substance that
is derived from mineral, plant, or animal matter and does not
undergo a “synthetic” process as defined in the Organic Foods
Production Act, 7 U.S.C. § 6502(21), as the same may be amended
from time to time.

 Organic pest management means the act of managing or
controlling pests through the use of mechanical, cultural, or,
biological processes, or through the use of natural, organic, or
non-synthetic substances.

 Person means any individual natural person, partnership,
joint venture, society, association, company, club, trustee,
trust or corporation; or any officer, agent, employee, or
personal representative of any thereof, in any capacity acting
either for her or himself or for any other person under either
personal appointment or pursuant to law.

 Pest shall have the same meaning as the term set forth in
40 C.F.R. § 152.5, as the same may be amended from time to time.

 Pest Management means the act of managing or controlling
pests through the use of chemical, mechanical, cultural,
biological, or genetic measures.

 Pesticide means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any
pest; any substance or mixture of substances intended for use as
a plant regulator, defoliant or desiccant. It does not include
multicellular biological controls such as mites, nematodes,
parasitic wasps, snails or other biological agents not regulated
as pesticides by the EPA. Herbicides, fungicides, insecticides
and rodenticides are considered pesticides.

 Pests of significant public health importance means the
pests listed by the EPA, in conjunction with the U.S. Department
of Health and Human Services and the U.S. Department of
Agriculture, as pests of significant public health importance.




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 Preemptive application means the application of pesticides
as a measure against something possible, anticipated or feared,
i.e., as a preventive or deterrent measure.

 Public utility means any transmission and distribution
utility, telephone utility, water utility, gas utility, or
natural gas pipeline utility that is subject to the jurisdiction
of the Maine Public Utilities Commission.

 Re-establishment means a procedure involving complete turf
removal and seeding or laying sod to establish new turf.

 Restricted Entry Interval, also known as the re-entry
interval or re-entry time, means the minimum amount of time that
must pass after a pesticide is applied to an area before people
or pets can safely go into that area. The labels on pesticides
provide information about an individual pesticide's REI.

 Slope means the ratio of elevation change to horizontal
distance, expressed as a percentage. Slope is computed by
dividing the vertical distance by the horizontal distance, and
multiplying the ratio by 100. For purposes of this Chapter, a
slope shall include only those areas with a horizontal distance
of at least 50 feet.

 Soil means the outer, weathered layer of the Earth’s crust
which can potentially support plant life and is made up of
inorganic particles, organic matter, organisms, water and air.

 Soil amendment means a soil amendment is material added to
soil to improve its physical properties, including, but not
limited to, the substances listed on the National List of
Allowed and Prohibited Substances, 7 C.F.R § 205.601, as the
same may be amended from time to time. For the purposes of this
ordinance, a soil amendment is not considered fertilizer.

 Soil microbes means living organisms in soil (such as
bacteria and fungi), which feed on organic matter and decompose
rapidly.

 Soil test means the standard soil test offered by the
University of Maine Cooperative Extension or a comparable test
identified by the City Manager or their designee.
(Ord. No. 245-23/24, 6-17-2024)




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 Starter fertilizer means a fertilizer formulated for a one-
time application at planting or near that time to encourage root
growth and to enhance the initial establishment of turf. This is
typically a water-soluble product that contains high levels of
phosphorus to allow for robust root growth.

 Steep topography means slope lengths exceeding 50 feet
(horizontal distance) on slopes greater than 15%.

 Summer dormancy means the period during mid-summer most
commonly observed in un-irrigated lawns when turf growth ceases.
Dormancy is characterized by brittle texture and a loss of green
color.

 Synthetic means a substance that is formulated or
manufactured by a chemical process or by a process that
chemically changes a substance extracted from naturally
occurring sources, except that such term shall not apply to
substances created by naturally occurring biological processes.

 Synthetic fertilizer means any fertilizer manufactured from
one or more synthetic materials and may or may not contain
animal parts, animal byproducts, manures or renderings.
Synthetic fertilizer bypasses the microbial life in the soil and
is taken up by the plant directly.

 Total nitrogen means the sum of all fertilizer nitrogen
species, including water soluble nitrogen forms, slow release
nitrogen forms, and water insoluble nitrogen forms. The
percentage of total nitrogen appears as the leftmost number of
the grade on fertilizer labels.

 Turf means a community of herbaceous plants that can be
mowed, including grass and sod; a surface layer of the earth
with grass growing on it, usually mowed, including lawns, grass
covered medians, athletic fields, golf courses, outdoor event
spaces, and the like.

 Waiver Committee means the Waiver Committee as described in
this Chapter.

 Water body means any great pond, river, stream or tidal
area as those terms are defined in Chapter 14 of the Portland
Code of Ordinances.




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 Wetland means a coastal or shoreland freshwater wetland as
those terms are defined in the City’s Zoning Ordinance, Chapter
14 of the Code of Ordinances.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-4. Applicability

The following provisions shall apply to all outdoor pest
management activities and use of fertilizer conducted within the
boundaries of the City of Portland (hereinafter, the “City”), on
both public and private land, excluding the exemptions provided
in this Chapter.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-5 Permitted, prohibited, and exempt applications

 (a) Subject to the applicability dates set forth in Sec.
34-14 herein, the following provisions shall apply to all
outdoor pest management activities in the City.

 1. Permitted Pest Management Activities and/or Materials,
 except as provided in (b)(3) below:

 i. Organic Pest Management, except as provided in
 (b)2 below;
 ii. Use or application of Synthetic substances
 specifically listed as “allowed” on the U.S.
 Department of Agriculture’s National List of
 Allowed and Prohibited Substances (the “National
 List”); and/or
 iii. Use or application of Pesticides determined to be
 “minimum risk pesticides” pursuant to the FIFRA
 and listed in 40 C.F.R. § 152.25(f)(1) or (2), as
 may be amended from time to time.

 2. Prohibited Pest Management Activities and/or
 Materials:

 i. Use or application of Synthetic substances other
 than those described in (a)(2) above;
 ii. Use or application of Non-synthetic substances
 specifically listed as “prohibited” on the
 National List; and/or
 iii. The use or application of pesticides (whether
 natural, organic, “non- synthetic,” synthetic or
 otherwise) within seventy five feet of a water
 body or wetland.


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Sec. 34-5 Rev. 6-17-2024



 3. Exempt Pest Management Activities and/or Materials.
 The following are exempt from the provisions of this
 ordinance (and therefore are allowed):

 i. Use or application of Pest Management Activities
 and/or Materials in connection with Commercial
 agriculture;
 ii. Pet supplies, such as shampoos and tick and flea
 treatments, when used in the manner specified by
 the manufacturer;
 iii. Disinfectants, germicides, bactericides,
 miticides and virucides, when used in the manner
 specified by the manufacturer;
 iv. Insect repellents when used in the manner
 specified by the manufacturer;
 v. Rat and rodent control supplies when used in the
 manner specified by the manufacturer;
 vi. Swimming pool supplies when used in the manner
 specified by the manufacturer; and/or
 vii. General use paints, stains, and wood
 preservatives, and sealants when used in the
 manner recommended by the manufacturer.

 4. Exempt Applications. The following applications are
 exempt from the provisions of this ordinance (and
 therefore are allowed):

 i. Specific health and safety applications.
 Prohibited pesticides may be used to control
 plants that are poisonous to the touch, such as
 poison ivy, pests of significant health
 importance such as ticks and mosquitoes, and
 animals or insects that may cause damage to a
 structure, such as carpenter ants or termites;
 ii. Golf course applications. Prohibited pesticides
 may be used on golf courses provided that the
 course is designated through Audubon
 International as a Certified Audubon Cooperative
 Sanctuary;
 iii. Hadlock Field applications;
 iv. Treatments for Heritage Elms;
 v. Applications on fields at High Use Athletic
 facilities (until January, 2023, unless this date
 is extended by the City Council);




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Code of Ordinances Chapter 34
Sec. 34-5 Rev. 6-17-2024

 vi.  Prohibited pesticides may be used to control the
 Emerald Ash Borer, Asian Longhorned Beetle,
 Hemlock Woolly Adelgid, Browntail Moth and other
 insects identified as invasive by the Maine
 Forest Service;
 vii. Right-of-way applications. Prohibited pesticides
 may be used by a public utility that maintains a
 right-of-way through the City; and/or
 viii. Invasive plant applications on city property.
 Applications to control plants categorized as
 currently considered invasive in Maine by the
 Maine Department of Agriculture, Conservation,
 and Forestry.
 ix. Grub control application: Chlorantraniliprole may
 be used to control grubs if applied by a
 Professional Applicator as directed by the
 manufacturer. All such applications shall be
 reported to the Sustainability Director.

 5. Disclosures. For any exempt applications by the City,
 disclosure shall be made in the annual report
 described in Section 34-9 of this ordinance.

 6. Exempt Uses. The following uses are exempt from the
 provisions of this ordinance (and therefore are
 allowed):

 i. Any use of pesticides mandated by state or federal
 law or required by an order or decision from a
 court or state or federal board or agency.

 (b) Subject to the applicability dates set forth in Sec.
34-14 herein, the following provisions shall apply to all
fertilizer applications in the City.

 1. Prohibited Fertilizer Applications. The following
 prohibitions apply for all fertilizer applications on
 all turf types:
 i. Applications within 75 feet of a water body or
 wetland or other environmentally sensitive area
 are prohibited.
 ii. Applications on frozen ground or saturated
 surfaces are prohibited.
 iii. Applications when a heavy rain event is occurring
 is prohibited.




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Sec. 34-5 Rev. 6-17-2024

 iv. Applications during summer dormancy or when the
 ground is partially or wholly frozen are
 prohibited.
 v. Applications on impervious surfaces are
 prohibited; if spills occur on impervious
 surfaces, they must be swept up immediately.
 vi. Applications with phosphorus are prohibited
 except where a soil test conducted within the
 last three years indicates a need for phosphorus,
 or phosphorous is being used for new
 development/re- establishment, as specified in
 subsection (B) below.
 vii. Applications of synthetic fertilizer are
 prohibited except where a waiver has been granted
 pursuant to Sec. 34-7 below.
 viii. Application of compost or fertilizers
 derived from wastewater treatment sludge or from
 organic residuals remaining after industrial
 processes (such as paper making) is prohibited
 within the boundaries of the City of Portland.
 ix. Applications of organic fertilizer not in
 compliance with subsection (2) below are
 prohibited.

 2. Permitted Fertilizer Applications. The following
 applications of organic fertilizer are allowed within
 the limits for the specific application as set forth
 below:

 i. Except as specified in subsections (ii), (iii),
 and (iv) below, applications of organic
 fertilizer, including residential lawns, are
 allowed only when a soil test conducted within
 the last three years indicates a need for
 nitrogen. Applications of organic fertilizer may
 not contain nutrients in excess of the amount
 recommended by the completed soil test. Only
 phosphorus-free, organic fertilizer is allowed
 for these applications, unless the soil test
 indicates a need for phosphorus.
 ii. Applications of organic fertilizer on performance
 turf are allowed as necessary provided that total
 nitrogen does not exceed 4 lbs per 1,000 square
 feet per year.
 iii. Applications of organic starter fertilizer for
 new development may contain phosphorus without a



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 soil test. The fertilizer must be incorporated
 into top soil 2-3 inches deep. Two fertilizer
 applications are permitted for one calendar year
 from the date of first application only. For each
 application, total nitrogen and phosphorus may
 not exceed 1 lb. per 1,000 square feet.
 iv. Applications of organic fertilizer for re-
 establishment of turf may contain phosphorus
 without a soil test. Unless the application is
 through hydro-seeding or overseeding, the organic
 fertilizer must be incorporated into the soil 2-3
 inches deep. Fertilizer applications may not
 exceed 1 lb. of nitrogen and phosphorus per 1,000
 square feet per application. Total nitrogen and
 phosphorus may not exceed 2 lbs. per 1,000 square
 feet per calendar year from the date of last
 application.
 v. Application of organic fertilizer to gardens,
 including vegetable, flower, and ornamental, may
 be applied without a soil test, although a soil
 test is highly recommended. Fertilizer must be
 incorporated into the soil with a rake or other
 tool so it is not left exposed on the topsoil.

 3. Exempt Fertilizer Applications. Notwithstanding any
 other provision in this Chapter, the following
 applications of fertilizer are exempt from the
 provisions of this ordinance (and therefore allowed
 without restriction):
 i. Golf course applications. Fertilizers may be used
 on golf courses provided that the course is
 designated through Audubon International as a
 Certified Audubon Cooperative Sanctuary;
 ii. Hadlock Field applications.
 iii. Liquid deep root feeding of trees.
 iv. Fertilization of woody plants and shrubs so long
 as fertilizer is injected to the root or applied
 within the drip edge of the plant and
 incorporated into the soil with a rake or other
 tool.
 (Ord. No. 110-17/18, 1-3-2018; Ord. No. 79-20/21, 9-21-2020; Ord. No. 60-
22/23, 9-19-2022; Ord. No. 245-23/24, 6-17-2024)

Sec. 34-6. Landcare Management Advisory Committee.




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Code of Ordinances Chapter 34
Sec. 34-6 Rev. 9-19-2022

 (a) The Landcare Management Advisory Committee (“LMAC”) is
hereby established. The LMAC shall consist of seven (7) members
as follows:
 1. The City’s Sustainability Director or a City employee
 appointed by the City Manager;
 2. One (1) practicing agronomist appointed by the City
 Council;
 3. Two (2) Maine Board of Pesticides Control-licensed
 landscape professionals, at least one (1) of whom has
 experience in organic land care management and is
 accredited by the Northeast Organic Farming
 Association in Organic Land Care, each appointed by
 the City Council; and
 4. Three resident or taxpayer representatives appointed
 by the City Council at least one of whom has
 experience in organic land care management.
 (b) The terms of office of the six (6) LMAC members
appointed by the City Council shall be three-year terms, except
that the initial appointments after the establishment of the
LMAC shall be such that the terms of office of no more than two
(2) members shall expire in any single year. The term of office
for the City employee LMAC member shall be for as long as the
employee holds said employment position.

 (c) The LMAC shall advise the City Council and the City’s
Sustainability Coordinator Director with respect to the
following:
 1. Advising the Sustainability and Transportation
 Committee and the City’s Sustainability Coordinator
 Director of any problems encountered or amendments
 that may be required to achieve the full and
 successful implementation of this ordinance;
 2. Reviewing and acting upon waiver applications when
 applicable;
 3. Developing and implementing outreach and education as
 specified in Sec. 34-11 of this ordinance (in
 coordination with the Sustainability
 CoordinatorDirector);
 4. Seeking the participation, advice and counsel of
 experts in the fields of organic turf and landscape




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 management, maintenance of trees and shrubs, and
 organic pest protocol;
 5. Encouraging broad community participation, from
 parents, schools, advocates, and local arboriculture
 and landscaping businesses, in the activities of the
 LMAC;
 6. Reviewing annual data and issuing a summary report
 annually by March 31 to the Sustainability and
 Transportation Committee, or whatever committee is
 assigned an oversight role by the City Council, which
 includes, among other things, a summary of its
 educational outreach; recommendations on any necessary
 amendments to this chapter; the number of waivers
 granted in the past year; and comprehensive data taken
 from the written documents provided by Applicators
 and/or Licensed Applicators about the use of
 pesticides and fertilizers within the City of Portland
 including, but not limited to:
 i. The amount of pesticides and fertilizers used on
 privately or publicly owned land in the City of
 Portland;
 ii. The reasoning for such use of pesticides and
 fertilizers; and
 iii. The specific pesticides and fertilizers that were
 used.
 7. Any additional responsibilities as may be assigned and
 deemed necessary by the City Council.
 (d) PLMAC Officers, meetings and records.

 1. The members shall annually elect a chair and a
 secretary from their membership;
 2. All meetings of the LMAC shall be noticed and open to
 the public in accordance with the City’s notice
 policies and Maine’s Freedom of Access Act;
 3. A quorum shall consist of four members;
 4. The LMAC shall meet at least five (5) times annually;
 5. Minutes shall be kept of all meetings and posted on
 the City web page; and




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 6. An annual report of the LMAC’s activities shall be
 submitted to the Sustainability and Transportation
 Committee by March 31 of each year.
 (e) LMAC may adopt procedural rules for the conduct of its
business not inconsistent with this article. Such rules shall be
filed with the City Clerk. All such rules shall be subject to
veto, in whole or in part, by the Council within 45 days of such
filing. The initial rules shall take effect when filed, subject
to veto as provided above. Amendments to the rules shall take
effect upon expiration of said veto period. Any rule may be
waived by the chair upon good cause being shown.

 (f) Waiver Subcommittee:
 1. A subcommittee of the LMAC shall be established
 annually and consist of the designated City staff
 member and one (1) other member of the LMAC designated
 by the Chair;
 2. This subcommittee shall be authorized to review and
 decide waiver applications as described in section 34-
 7; and
 3. The LMAC shall schedule meetings of the Waiver
 Subcommittee frequently enough to be responsive to
 waiver requests. All meeting dates shall be posted in
 advance on the City calendar.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-7. Waivers.
 (a) In situations that are an emergency, threaten the
public health, safety or welfare, or for the control of invasive
species that pose a threat to the environment, persons shall
apply to the LMAC Waiver Committee for a waiver from the
provisions of this ordinance prior to the use/application of a
prohibited fertilizer or pesticide or prior to the conduct of a
prohibited application.

 (b) In addition, Persons may apply to the Waiver Committee
for a waiver in order to use a synthetic fertilizer on
performance turf or for new development, prior to the actual use
of the synthetic fertilizer, if one or more the following
conditions exists:

 1. The soil temperature is less than 55 degrees
 Fahrenheit and reasonable grounds exist to justify
 fertilizer use at that location and at that time;


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Sec. 34-7 Rev. 9-19-2022

 2. The turf is experiencing high stress due to high use
 and must be ready for high performance play when the
 sports season(s) begin; or
 3. A suitable organic product that meets the nutrient
 needs of the soil as specified in a soil test is
 unavailable.


 (c) The waiver application shall be filed with the LMAC
Waiver Committee, on a form prescribed by the Committee and
shall include the following information: the reason for
requesting the use/application of a prohibited pesticide; the
proposed location(s) of the proposed application(s); details on
the timing(s) of use, substance(s) and amounts to be applied;
date(s) of application; and a management plan that includes the
narrowest effective application, avoidingexcludes broadcast and
preemptive applications when feasible; and a pest identification
and threshold report. In order to approve a waiver application,
the LMAC Waiver Committee must find that all of the following
criteria are met:

 1. A situation exists that: is an emergency; threatens
 the public health, safety and/or welfare; involves an
 invasive species; that poses a threat to the
 environment,; or requires a non-permitted pest
 management activity and/or material to protect
 buildings or structures from damage;

 2. The applicant has carefully evaluated all alternative
 methods and materials including, but not limited to,
 non-pesticide management tactics, minimum risk
 pesticides, non-synthetic pesticides, and is choosing
 to use the minimum amount of the least toxic, most
 effective pesticide necessary;

 3. The applicant will, to the greatest extent practical,
 minimize the impact of the application on abutting
 properties; and

 4. To the maximum extent possible the grant of the waiver
 will not be detrimental to the public’s health, safety
 or welfare.

 (d) The Waiver Committee shall conduct a hearing on all
complete waiver applications received within ten (10) business
days of receipt of the complete application and shall seek to



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Sec. 34-7 Rev. 9-19-2022

issue a written decision on the application within three (3)
business days of reviewing an application.
 (e) In approving any waiver application, the Waiver
Committee may also prescribe conditions and safeguards as are
appropriate to further the purposes of this ordinance. The
waiver decision of the Waiver Committee shall be in writing,
with copies provided to the applicant, the LMAC, and the
Sustainability CoordinatorDirector, and the City Clerk.
An Aggrieved Party may appeal a written decision of the LMAC
Waiver Committee to the City Manager or designee within five (5)
business days of the issuance of the committee’s decision. The
appeal shall be in writing and shall state the basis for the
appeal. The City Manager or designee (who shall not be a member
of the LMAC) shall act upon the appeal within five (5) business
days of receipt of the appeal. The decision of the City Manager
or designee shall be in writing, with copies provided to the
aggrieved party, the LMAC Waiver Committee, and the
Sustainability CoordinatorDirector. The decision of the City
Manager or designee shall be final. (Ord. No. 110-17/18, 1-3-2018;
Ord. No. 60-22/23, 9-19-2022)

Sec. 34-8. Reporting by State of Maine Licensed Applicators.

In addition to complying with the Maine Board of Pesticides
Control rules regarding record keeping and reporting
requirements as outlined in01-026 C.M.R. Ch. 50, as amended from
time to time, all State of Maine licensed applicators are
required to submit to the LMAC an annual summary report on or
before February 1st of each calendar year relating to the
preceding calendar year. This report shall contain the
following information for applications performed in the City in
the prior calendar year: target site, pesticide brand name, EPA
registration number, total undiluted formulation (in pounds or
gallons), and total area treated as listed and as amended on the
Commercial Applicator Annual Summary Report required by the
Maine Board of Pesticides Control.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-9. Management plan and annual reporting for publicly
owned parks and open spaces.

The City shall maintain a management plan for public open spaces
that shall be posted on the City website. The City Manager or
designee shall provide an annual report to the LMAC describing
efforts to reduce the use of synthetic pesticides, a description



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City of Portland Pesticide Use
Code of Ordinances Chapter 34
Sec. 34-9 Rev. 1-3-2018

of synthetic pesticides used during the previous year, the
reason for their use, and the cost of such pesticide usage.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

34-10. Public Notification.
Any person shall comply with the following posting requirements.
 (a) For all prohibited pesticide uses or applications:
 1. A warning sign shall be posted on the privately or
 publicly owned land. These signs must be posted before
 application activities commence on the land and be
 left in place for at least forty-eight (48) hours
 after actual application or until expiration of the
 restricted entry interval indicated by the pesticide
 label, whichever is longer;
 2. All signs shall be at least five (5) inches high and
 four (4) inches wide in size. Signs shall be attached
 to the upper portion of a dowel or other supporting
 device so that the bottom of the sign is not less than
 12" and the top of the sign is not more than 48" above
 the ground. The signs shall be of rigid, weather
 resistant material substantial enough to be easily
 read for the duration of the placement;
 3. All signs must be light colored (white, beige, yellow
 or pink) with dark, bold letters (black, blue or
 green). They shall have lettering that is conspicuous
 and clearly legible;
 4. The sign must include the following:
 i. The word “CAUTION” in 72-point type;
 ii. The words “PESTICIDE APPLICATION” in 30-point
 type or larger;
 iii. The Maine Board of Pesticides Control designated
 symbol;
 iv. Any reentry precautions from the pesticide
 labeling;
 v. The name and telephone number of the entity
 making the pesticide application;
 vi. The date and time of the application;
 vii. A date and/or time to remove the sign;
 viii. the chemical and trade name of the
 pesticide; and
 ix. the length of time to remain off the treated area
 as indicated by the pesticide label; and


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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-10 Rev. 9-19-2022



 5. For licensed applicators, the requirements above are
 in addition to any requirements that may also apply to
 State of Maine licensed applicators subject to the
 Maine Board of Pesticides Control rules, as may be
 amended from time to time, regarding public
 notification.

 (b) All retailers selling pesticides or fertilizers
subject to the provisions of this chapter shall post a sign at
the point of sale that contains the following verbiage:

 1. Application of synthetic pesticides and fertilizers
 within the City of Portland must comply with Chapter
 34 of the City Code.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)


Sec. 34-11. Outreach and Education.

 (a) The Sustainability Coordinator Director or designee
shall publish notice of this ordinance in a newspaper of general
circulation in the City upon adoption and shall attempt to
provide information about it to identified retailers and lawn,
garden, and tree-care providers serving the City of Portland, as
well as to churches, schools, and other institutions in
Portland.

 (b) The LMAC shall prepare and publish materials designed
to educate the community about the role of pesticides and
fertilizers in the local environment and the benefits of organic
fertilizers and pest management. This outreach may include: a
community-based social marketing campaign targeting City
households and businesses; promotion of professional education
and training for State of Maine licensed applicators;
distribution of information and news about City practices
through Portland internet and web-based resources; public
service announcements; news releases and news events; tax bill
inserts; posters and brochures made available at City events and
applicable locations that serve the public; workshops,
trainings, and demonstration projects; targeted outreach to
schools; and/or any additional methods deemed appropriate by the
LMAC.

 (c) The LMAC shall also develop a program to work directly
with retailers that sell pesticides and fertilizers in the City
of Portland to:


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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-11 Rev. 9-19-2022



 1. Provide educational training for all retail store
 employees who recommend and sell pesticides or
 fertilizers for use in the home and garden,
 highlighting the following:
 i. federal, state, and local pesticide and
 fertilizer regulations;
 ii. principles of organic landcare, including pest
 management and use of fertilizers;
 iii. pesticide and fertilizer toxicity and health and
 environmental concerns;
 iv. proper pesticide display and storage; and
 v. the role of personal protective equipment,
 pesticide poisoning symptoms, and emergency
 procedures in case of spills; and
 2. Implement a toolkit consisting of educational
 materials and signage (i.e., posters, signs, stickers)
 that can be customized, printed, and placed in stores
 to help consumers understand this ordinance and
 alternatives to prohibited pesticides and fertilizers.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-12. Violations.

Any person violating any of the provisions of this ordinance or
failing, neglecting or refusing to obey any order or notice of
the City Manager or designee issued hereunder shall be subject
to enforcement action as provided in §34-13.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-13. Enforcement and Remedies.
 (a) This ordinance may be enforced by the City Manager or
designee;

 (b) The City Manager or designee shall have the authority
to enact rules and regulations in order to implement the
provisions of this ordinance;

 ((c) The Permitting DepartmentCity Manager or designee is
authorized to institute, or cause to be instituted by the
corporation counsel, in the name of the city, any and all
actions, legal or equitable, that may be appropriate or


 19

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City of Portland Pesticide Use
Code of Ordinances Chapter 34
Sec. 34-1 Rev. 1-3-2018

necessary for the enforcement of the provisions of this article;
and

 (d) Any violation of this chapter shall constitute a civil
violation subject to the penalties contained in Portland City
Code, Chapter 1, § 1-15.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-14. Severability.

If any section, paragraph, sentence, word or phrase of this
ordinance is for any reason held to be invalid or unenforceable
by any court, such decision shall not affect the validity of the
remaining provisions of this ordinance.
(Ord. No. 110-17/18, 1-3-2018;)

Sec. 34-15. Conflicts with Other Ordinances.

Whenever a provision of this ordinance conflicts with or is
inconsistent with another provision of this ordinance or of any
other ordinance, regulation or statute, the more restrictive
chapter, article or ordinance of the Portland City Code shall
control.
(Ord. No. 110-17/18, 1-3-2018)

Sec. 34-16. Effective date; Applicability dates.

In order to allow time for residents and businesses to become
familiar with the requirements of this ordinance, the
prohibitions on the use of certain products and/or applications
(and the related public notification, signage and reporting
requirements) shall be effective as follows:

 (a) Phase One: Commencing no later than July 1, 2018, the
provisions set forth in Sec. 34-5 on outdoor pest management
activities shall apply to City-owned property (but not to high
use athletic fields or golf courses);

 (b) Phase Two: Commencing no later than January 1, 2019,
the provisions set forth in Sec. 34-5 on outdoor pest management
activities shall apply to private property (but not high use
athletic fields or golf courses); and

 (c) Phase Three: Commencing no later than January 1,
2023, the provisions set forth in Sec. 34-5 on outdoor pest
management activities with respect to high use athletic fields
shall apply to public or private property, except that the City


 20

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City of Portland Pesticide Use
Code of Ordinances Chapter 34
Sec. 34-1 Rev. 1-3-2018

Manager or his or her designee may request that the City Council
extend this applicability date if he or she determines more time
is necessary to transition to organic management practices for
these properties and facilities.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 79-20/21, 9-21-2020)




 21

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 LANDCARE ORDINANCE WAIVER APPLICATION
 Landcare Management Advisory Committee (LMAC)

APPLICANT INFORMATION

Applicant Name: ___Cheverus High School________________________________________

Address: __________267 Ocean Ave, Portland Maine 04103________________ Email

Address: ____komich@cheverus.org___________________ Telephone Number:

____________(207) 774-6238______________________ Submission Date:

___________________________________________

I am a: ☐ Resident ☐ Landlord X Business ☐ Municipality ☐ Landscape company

Are you a licensed commercial applicator? ☐ Yes X No



REASON FOR REQUESTING THE USE OF A PROHIBITED FERTILIZER OR
PESTICIDE: X Is an emergency and threatens the public health and safety
☐ For the control of invasive plants that pose a threat to the environment (For a list of Maine Invasive
Plants visit: http://www.maine.gov/dacf/mnap/features/invasive_plants/invsheets.htm) ☐ Required to
protect buildings or structures from damage
X Using a synthetic fertilizer on performance turf or for new development, with one or more the following
conditions:
 I. The soil temperature is less than 55 degrees Fahrenheit and reasonable grounds exist to justify
 fertilizer use at that location and at that time;
 II. The turf is experiencing high stress due to high use and must be ready for high performance play
 when the sports season(s) begin; or
  III. A suitable organic product that meets the nutrient needs of the soil as specified in a soil test is
 unavailable.

 Making the right pest identification is important and can be difficult. Resources for pest identification are
available at: http://www.maine.gov/dacf/php/gotpests/invasive-pests.htm. NOTE: Applications for
poisonous plants such as poison ivy, pests of significant health importance such as ticks and mosquitos,
and destructive pests such as carpenter ants and termites are exempted under the ordinance. No waiver
is necessary to address these pests.


Please provide a detailed account of the problem you would like to address with the proposed
fertilizer or pesticide application. Include photos of the problem/pest and of the extent of the
problem (this may be number of pests or area covered):

-Japanese Beetle Larvae in the first and second stage instar have been found by three




 Page 130
professional applicators throughout the playing field grass. The fields are weaky rooted as
demonstrated by the video of tensile strength. Some areas have been severely damaged from
crows and ground animals foraging on the beetle larvae. This has created a UNSAFE
PLAYING CONDITION.

.
What steps did you take to evaluate alternative methods to the proposed fertilizer or pesticide
application, including but not limited to, non-fertilizer/pesticide management tactics, minimum risk
fertilizers or pesticides, non-synthetic fertilizers or pesticides, and selecting the minimum amount
of the least toxic, most effective fertilizer or pesticide necessary.

 - Shiny bird deterrents, Fake dogs. - Organic Granular deterrent for ground animals. - Radio
 controlled devices to deter birds.
 - Bacillus Thurigiensis (Organic) treatment in August 2023
 Bacillus Thurigiensis (Organic) treatment prior to April 2023




PROJECT INFORMATION
What are you treating? X Turf ☐ Shrubs ☐ Trees ☐ Invasive Weeds Address of proposed application:

_________________________________________________________

Please attach a map of the proposed application area (this may be a sketch, however it should be to
scale and include property boundaries, structures, and water bodies).

Is this application within 75ft. of a waterbody? ☐ Yes X No

Proposed fertilizer or pesticide: Acelepryn-G Syngenta


Amount to be applied:(One (1) application: 2,082 Lbs for 9.25 Acres @100 lbs per acre

Method of application: ☐ Liquid X Granular ☐ Injection/systemic ☐ Cut stem treatment

Proposed timing(s)/frequency of use: Once

 Proposed date of application: Mid April to Mid July, depending on soil temperatures reaching a minimum of 55

degrees

Please provide a detailed management plan for your proposed application, including how you will

minimize the impact of this application on abutting properties and, to the maximum extent possible,

ensure that the grant of the waiver will not be detrimental to the public’s health, safety or welfare.

Broadcast applications: the spreading of pesticides over an entire area

 ● Preemptive applications: the application of pesticides as a measure against something possible,
 anticipated or feared, i.e., as a preventive or deterrent measure

-We would strictly follow Maine’s BPC rules and regulations during applications.

- All fields would be closed for a minimum of 24hrs post application.




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Broadcast Part: all the playing surface has been identified with grubs. A calibrated broadcast

application will be used. Preemptive Part.... Part of Integrated Pest Management, IPM is

understanding the life cycle of the pest and developing a strategy to manage it. In this case

since the organic controls have proved not effective the strategy is to use the safest synthetic

insecticide, trade name Acelepryn. This product will not affect the grubs currently feeding on the

field. These insects will complete their life cycle and undoubtedly lay eggs for a new generation

of Japanese Beetles this coming July and in the same fields. The strategy is to focus on the

generation of 2025 and 2026. The safest synthetic product to use works as a systemic process.

Timing of the application is critical. The insecticide needs to be in the grass plant before the

grubs start to feed in the roots.



NOTE: the following applications are prohibited:

 ● Broadcast applications: the spreading of pesticides over an entire area
 ● Preemptive applications: the application of pesticides as a measure against something possible,
 anticipated or feared, i.e., as a preventive or deterrent measure

-We would strictly follow Maine’s BPC rules and regulations during applications.

- All fields would be closed for a minimum of 24hrs post application.

 In order for the waiver to be considered, all of the fields above must be completed. For questions, please
 contact Troy Moon in the Sustainability Office at 207-756-8362.

Completed forms may be emailed to landcare@portlandmaine.gov, or mailed or delivered to City Hall, 389
 Congress Street, Portland, ME 04101.




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February 5, 2024

Executive Summary: Grub Infestation/Response, Cheverus High School Athletics Fields

After: 1) years of strict compliance with the Landcare Management Advisory Committee
applicable ordinances that require organic management practices (with respect to the application
of fertilizers, pesticides, and weed control), 2) increasing our staff investment to 1.5 positions to
provide proper mowing, grooming, and watering, and 3) engaging a professional firm (Sports
Fields of Monmouth, ME) experienced in organic land management practices with many school
clients across the State, we reached a critical life-safety event this past fall that places our
student athletes, coaches, officials, and student athletes of visiting schools at significant risk
of injury due to grub infestation of the playing field within Boulos Stadium, 267 Ocean
Avenue.

The conclusion of our engaged (Sports Fields) and other consulted professionals specializing in
the turf management care industry was that the grub infestation was severe, not being mitigated
by the use of organic methods, and had compromised over 20%+ of the playing surface of the
stadium filed due to not only the infestation, but the additional, collateral damage caused by birds
and animals feeding off of the grubs and causing extensive damage.

After nearly having to move a home soccer playoff game to an alternate site due to safety
concerns, we filed a Landcare Ordinance Waiver Application on December 3, 2024, complete
with photos of grubs, their eggs, turf damage created by the grubs and their natural predators, and
live video of a failed tensile strength test conducted by Sports Fields. The test measures the
ability of grass turf to not tear away under the stress of footwear applied by student athletes
during competition.

The Application seeks to apply Acelepryn, a pesticide known to be successful to mitigate grubs
by a licensed professional applicator (Sports Fields) during the last two weeks of May which is
believed to be the best window of time to be successful against the infestation per the opinion of
the professionals we have consulted. The pesticide has been deemed on its approved label as not
harmful to humans. Missing the May application window will mean missing the opportunity to
mitigate the grubs due to their life span patterns and contributing environmental variables and
risking more extensive field damage.

After the next scheduled meeting of the Landcare Management Advisory Committee on Tuesday,
February 11, 2025, to review and hopefully approve this specific matter, we hope to have the
matter reviewed and approved at the City Council’s Sustainability and Transportation Committee
on February 12, 2025, and then approved at the City Council on March 3, 2025.

Our school has 349 students enrolled in grades 9-12, boys and girls, with 113 students
who are residents of the City of Portland in addition to the city residents enrolled at both Deering
and Portland High School who visit our campus to participate in the sports of football, soccer,
lacrosse, and track.

Feedback from concerned Portland resident parents prior to the February 12, 2025, meeting
will be communicated to sustainabilityoffice@portlandmaine.gov




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Request for Enhanced Lawn Care Services at Boulos Stadium
Sunday, February 9, 2025

Dear Sustainability Office,

I hope this message finds you well. As parents of a student-athlete at Cheverus High School,
we would like to express our concern regarding the current condition of the playing surface at
Boulos Stadium, specifically the ongoing issue with grub infestation. While we understand that
the school has followed the City’s organic landcare management practices, these methods have
unfortunately not been effective in controlling the grub problem, which continues to affect the
quality and safety of the athletic field.

Given the severity of the situation, we respectfully support using Acelepryn. According to the
manufacturer's labeling, this pesticide is not harmful to humans as a targeted solution to
address the infestation. Allowing the use of Acelepryn would help ensure the safety and optimal
condition of the field, reducing the risk to our student-athletes.

Failure to address this issue promptly may lead to further deterioration of the playing surface,
potentially increasing the risk of injury to those using the facility. We appreciate your attention to
this matter and would love to talk about potential next steps to ensure the well-being of our
students.

Thank you for your time and consideration.
​
Sincerely, ​
Kim + Tim DeMado​
25 Torrey Street​
Portland, ME 04103




Boulos Stadium - Cheverus - Grub Problem
February 10, 2025

We are long-time tax paying Portland residents (24+ years) and we live in the Back Cove area,
very close to Cheverus. We understand that the school has followed the City's organic landcare
management practices and this has failed to control grubs which have infested the playing
surface of the Boulos Stadium athletic field and support the use of the pesticide Acelepryn
which is not harmful to humans per the manufacturer's labeling to mitigate the problem. Failure
to do this will present increased risk to our student-athletes.

My son is a football player at Cheverus and my daughter will be attending summer camp at the
school and using the field this summer. Having my children play on a grub-invested field is




 Page 134
unacceptable, especially since the city allows for alternative treatments at its golf course. A
waiver needs to be granted now for Boulos Field.

Best,
Anne & Aron Paquette
38 Kineo St.
Portland, ME 04103




Cheverus High School
February 10, 2025

Hello,

I am a concerned Cheverus parent and a Portland resident.

We understand that our school has followed the city’s organic land care management practices
and this has failed to control grubs which have infested the playing surface of the Boulos
stadium athletic field and we support the use of the pesticide Acelepryn which is not harmful to
humans per the manufacturers labeling to mitigate the problem. Failure to do this will present
increased risk to our student athletes.

Thank you.

Tom Johnson




Concerned Cheverus parent
February 10, 2025

To whom it may concern,

Our son plays football at Cheverus. Coaches and administration take great care to ensure our
student is safe. But I understand that the school has followed the City's organic landcare
management practices and this has failed to control grubs which have infested the playing
surface of the Boulos Stadium athletic field. We support the use of the pesticide Acelepryn
which is not harmful to humans per the manufacturer's labeling to mitigate the problem. Failure
to do this will present increased risk to our student-athletes.

We are also residents of Portland.




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Thank you for your consideration.

Sherrin and Christopher Vail
1119 Washington Avenue




Organic Pesticide Waiver
February 11, 2025

To Whom it May Concern:

I am a resident and taxpayer in the City of Portland and would like to petition for Cheverus High
School to obtain a waiver for usage of pesticides to treat grub infestation. I understand that the
school has followed the City's organic landcare management practices and this has failed to
control grubs, which have infested the playing surfaces of the Boulos Stadium athletic field. As
such, I support the use of the pesticide Acelepryn, which is not harmful to humans per the
manufacturer's labeling to mitigate the problem. Failure to do this will present increased risk to
the school's student-athletes.

Thank you for your consideration,

Kathryn Ray




Organic Pesticide Waiver
February 11, 2025

To Whom it May Concern:

I am a resident and taxpayer in the City of Portland and would like to petition for Cheverus High
School to obtain a waiver for usage of pesticides to treat grub infestation. I understand that the
school has followed the City's organic landcare management practices and this has failed to
control grubs, which have infested the playing surfaces of the Boulos Stadium athletic field. As
such, I support the use of the pesticide Acelepryn, which is not harmful to humans per the
manufacturer's labeling to mitigate the problem. Failure to do this will present increased risk to
the school's student-athletes.

Thank you for your consideration,

Cameron Ray




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City of Portland | Executive Department
Danielle P. West, City Manager




To: Sustainability and Transportation Committee
Councilor Regina Phillips, Chair




MEETING DATE
February 12, 2025

AGENDA ITEM
Agenda Item 3D - 2025 Committee Work Plan

PURPOSE
Review and provide direction on the draft 2025 Committee Work Plan.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
At its December 2, 2024 workshop, the City Council reached consensus on common goals for
2025. The final set of goals were communicated to the public during the December 16, 2024
City Council meeting. These goals served as a foundation for the committee's development of
the 2025 work plan.

BACKGROUND/ANALYSIS
At its January 8, 2025 meeting the committee heard public comment and discussed members’
recommendations for crafting the 2025 work plan. Based on that discussion and consultation
with Chair Phillips, the draft work plan (Attachment A) is presented for review and direction.

FISCAL IMPACT
There is no fiscal impact associated with developing the committee’s work plan. However,
there may be fiscal impacts associated with specific items.

CONCLUSION(S)
This item is for discussion and direction. A formal vote on the work plan is not necessary as we
expect the work plan to be a general guide and evolve over the course of the year. However,
pending concurrence from the committee, the work plan will be communicated to the City
Council at an upcoming meeting.

PRIOR COUNCIL/COMMITTEE REVIEW
City Council (December 16, 2024) - Communication 6-24/25
Sustainability & Transportation Committee (January 8, 2025)




 1

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PREPARED BY

Troy Moon Greg Jordan
Sustainability Director Assistant City Manager
Executive Department Executive Department


ATTACHMENTS
Attachment A -Draft 2025 Work Plan




 2


 Page 138
City of Portland | City Council
Mark Dion, Mayor




The Portland City Council established its 2025 Common Goals (included below) on December
16, 2024, formally communicating its policy priorities for the coming year and setting a
foundation for the development of Council committees’ work plans.




 T
The 2025 schedule currently includes 10 meetings for each committee, and the development of
a single, original policy initiative typically takes two or three committee meetings. This
includes conceptual discussion, review of a draft ordinance or other policy document, and a
public hearing where the committee votes on whether or not to recommend that the City




 AF
Council adopt the policy initiative. Based on those constraints, it is recommended that a
committee work plan include no more than five original policy initiatives to start.

In addition to the development and consideration of original policy initiatives, committee
work will also include consideration of items referred to a committee by the Council or brought
by staff, as well as hosting panels or presentations as needed.

 Sustainability and Transportation Committee​
 2025 Work Plan




 R Policy Initiative

 Consider Vision Zero Adoption and
 determine short-long term strategies
 (e.g., traffic cameras, traffic calming
 Related Council Goal

 #1 - Diversity, Equity, Inclusion
 #3 - One Climate Future
 Priority Ranking




Dordinance, etc.)

 Guide Complete Streets Policy Update
 and/or Recommend Ordinance

 Expand Transit Options



 Coal Dust Emissions
 #3 - One Climate Future


 #1 - Diversity, Equity, Inclusion
 #2 - Housing Affordability
 #3 - One Climate Future

 #3 - One Climate Future

 Resolution on Sea Level Rise #3 - One Climate Future
 Adaptation Strategy




 1

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 Energy Programs #3 - One Climate Future

 Environmental Performance of #3 - One Climate Future
 Docked Vessels




 2025 City Council Common Goals

Goal 1: Diversity, Equity and Inclusion - The Council will work to expand DEI practices
through equity analysis, living wage initiatives and improving involvement in decision making
processes. Specific objectives include:

 ●​ Incorporate an equity analysis for Council agenda items.



 T
 ●​ Advance internal and external DEI-related policies.
 ●​ Continue funding a dedicated DEI Department.

Goal 2: Housing Affordability - The Council will work to implement solutions to the housing




 AF
crisis, including building more working class housing, improved support for the unhoused
community such as an overdose prevention center as well as continued support for warming
shelters. Additionally conduct independent assessment of efficiencies, outcomes and
expenditures. Specific objectives include:

 ●​ Provide resources for unhoused residents (e.g., restrooms, showers, containers).
 ●​ Develop social housing funded by a revenue bond.
 ●​ Reform short-term rental policies.

Goal 3: One Climate Future - The Council will develop sustainability strategies to address




 R
sea-level rise mitigation and storm surge management for the Commercial Street Corridor.
Specific objectives include:

 ●​
 ●​
 Expand transit options with a focus on non-car solutions.
 Conduct sea-level rise analyses on Commercial Street.




D  ●​
 ●​
 Improve Storm management
 Increase public amenities, such as benches downtown.

Goal 4: Public Engagement - The Council will explore creating an Office of Community
Engagement, create opportunities for participatory budgeting, and evaluate the structural
effectiveness of Council committees. Specific objectives include:

 ●​ Establish an Office of Community Engagement.
 ●​ Implement participatory budgeting initiatives.




 2

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 Sustainability and Transportation2025 Calendar ​
 As of February 12, 2025. Dates and topics are subject to change.

January 8: 2025
 ●​ Issue Review: 2025 Committee work plan

February 12:
 ●​ Staff Update: Sustainability initiatives & Transportation Projects
 ●​ Issue Review: 2025 Committee Work Plan
 ●​ Policy Consideration/Action: Ameresco for Battery Storage Project at the Jetport
 ●​ Issue Review: Vision Zero Part 1
 ●​ Issue Review: Landcare Management Advisory Committee (LMAC) recommended
 amendments to Chapter 34 (Landcare)

March 12:

 T
 ●​ Staff Update: Sustainability initiatives & Transportation Projects
 ●​ Staff Update: Review report from LMAC
 ●​ Policy Consideration/Action: Vision Zero Adoption




 AF
 ●​ Issue Review: Complete Street Policy/Ordinance part 1

April 9:
 ●​ Staff Update: Sustainability initiatives & Transportation Projects
 ●​ Issue Review: State of Public Transportation Panel discussion (agencies, PACTS, MDOT)
 ●​ Issue Review: Vision Zero Implementation (determining specific strategies, e.g., traffic
 cameras, traffic calming, complete streets, etc.)
 ●​ Issue Review: Complete Streets Policy/Ordinance part 2​

May 14:



 R
  ●​ Staff Update: Sustainability initiatives & Transportation Projects
  ●​ Issue Review: Expanding transit options Part 1
  ●​ Issue Review: Coal Dust Emissions Part 1
  ●​ Policy Consideration/Action: Complete Streets Policy/Ordinance




D
June 11:
 ●​ Staff Update: Sustainability initiatives & Transportation Projects
 ●​ Issue Review: Policy Statement on Sea Level Rise
 ●​ Issue Review: Coal Dust Emissions Part 2
 ●​ Issue Review: Expanding Transit Options Part 2

July 9:
 ●​ Staff Update: Sustainability initiatives & Transportation Projects
 ●​ Policy Consideration/Action: Policy Statement on Sea Level Rise
 ●​ Policy Consideration/Action: Coal Dust Emissions
 ●​ Policy Consideration/Action: Expanding Transit Options



 3

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August: No meeting

September 10:
 ●​ Staff Update: Sustainability initiatives & Transportation Projects
 ●​ Issue Review: Traffic Calming Ordinance Part 1
 ●​ Issue Review: Energy Programs Part 1
 ●​ Issue Review: Environmental Impact of Docked Vessels Part 1

October 18:
 ●​ Staff Update: Sustainability initiatives & Transportation Projects
 ●​ Staff Update: Comprehensive Transportation Plan
 ●​ Staff Update: Energy Benchmarking Report




 T
 ●​ Issue Review: Traffic Calming Ordinance Part 2
 ●​ Issue Review: Energy Programs Part 2

November 12
 ●​ Staff Update: Sustainability initiatives & Transportation Projects




 AF
 ●​ Issue Review: Environmental Impact of Docked Vessels Part 2
 ●​ Policy Consideration/Action: Traffic Calming Ordinance
 ●​ Policy Consideration/Action: Energy Programs

December: No meeting




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CITY OF PORTLAND, MAINE
 Committee on Sustainability and Transportation
 Councilor Regina Phillips (D3), Chair
 Councilor Pious Ali (At-Large)
 Councilor Anna Bullett (D4)


Approved Minutes February 12, 2025
Members Present: Councilor Phillips, Councilor Bullett, Councilor Ali, Councilor Sykes,
Councilor Pelletier
Staff Present: Troy Moon, Greg Jordan, Katie Tims, Mike Murray, Michael Goldman, Paul
Bradbury
Guests: Rick Harbison, Lucy Sinclair

Meeting was called to order.

January 8, 2025 Meeting Minutes
The January 8, 2025, meeting minutes were approved unanimously.

Transportation Updates
 -​ Director of Public Works, Mike Murrary provided an overview of updates on the current
 status of major transportation projects, including:
 -​ The city and state received a $2 million federal grant for the Reimagining Franklin
 St project for the first design phase from the D.O.T. 's Reconnecting Communities
 grant program.
 -​ Funding for the Libbytown Safety and Accessibility project has been secured and
 the preliminary design review (PDR) will be completed in 2025, final design in
 2026, and construction by 2027.
 -​ The Brighton Avenue Rosemont Corner Intersection Improvements study began
 in 2024 and will be completed in 2025 to proceed to PDR.
 -​ The Forrest Avenue: Morrill’s Corner (Smart Corridor Study: Phase II) project, to
 improve safety and enhance predictability of operations, is planning to complete
 PDR in late 2025.
 -​ The Forest Avenue: Marginal Way to Park Avenue (Smart Corridor Study: Phase
 III) project is awaiting outcomes from the State and High Two-Way Study as well
 as property discussions to determine the final configuration for design.
 -​ The Forest Avenue: Bedford St to Woodford St (Smart Corridor Study: Phase IV)
 is currently funded for feasibility only. The existing conditions were completed in
 August 2024 and the alternatives analysis and final draft report are currently
 under review by MaineDOT and awaiting feedback.
 -​ The State & High St Two-Way Conversion is funded and Council has approved
 supporting the work for a two-way conversion as well as bicycle facilities.
 -​ The Union Branch and Union Branch Connector Pathways design is funded with
 80% federal/20% local funding and there is no construction funding currently. The
 final design bid documents for the Union Branch Path will be completed this
 month and is expected to go out to bid this winter for construction to begin in
 Spring 2025.
 -​ The West Commercial Street Pathway Phase II was completed during the
 summer of 2024 and the City has received preliminary approval on the funding
 application to MaineDOT for the design and construction of the final Phase III, but
 will not be officially awarded until Spring.
 -​ Staff are exploring funding options, the project timeline, and structure process for
 a Transportation Master Plan.

Sustainability Updates
 -​ Sustainability Director Troy Moon provided the update that the office hired a new
 sustainability associate, Karly Meyer, and have also welcomed a resilience corps fellow,
 Brenda Kirlin, to the Sustainability team who will be with the office until December 2025.

Vision Zero Presentation by GPCOG
 -​ The Greater Portland Council of Governments’ (GPCOG) staff, Lucy Sinclair, and Rick
 Harbison, presented the region’s Vision Zero action plan, which is a strategy to eliminate
 all traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility
 for all. Vision Zero Greater Portland aims to eliminate all traffic fatalities and serious
 injuries resulting from crashes on our roadways by 2045. The plan includes
 recommendations for taking action, including six objectives with aligned action steps and
 metrics. Harbison shared current projects GPCOG is working on to implement the plan
 funded by Safe Streets for All Grant Projects, including 9 demonstration projects in the
 region, road safety audits, roundabout feasibility studies, and intersection studies
 throughout Greater Portland. Harbison also discussed the many benefits for the City of
 Portland if it adopted the Vision Zero Greater Portland plan and the several directions in
 which the City can proceed.

Councilor Comments on the Vision Zero Presentation by GPCOG
  -​ Councilor Pelletier asked if they recommend examining the actual crashes that occurred
 in Portland this year or if it is better to take a more holistic approach. Councilor Pelletier
 also inquired if GPCOG has seen any impact on their research due to cars getting bigger
 and heavier?
  -​ Assistant City Manager, Jordan, answered Councilor Pelletier’s first question: Both
 approaches would be valuable. An analysis of recent incidents is something we can do
 on top of the methodology that GPCOG has provided, which utilizes the MaineDOT
 crash database to analyze the types of crashes occurring.
  -​ Harbison answered Pelletier’s second question that this is a hot topic in the Vision Zero
 space and mentioned that the US has less regulations for cars than other countries to
 protect pedestrians. It underscores the importance of safe road design because vehicle
 size is not something we can control.
 -​ Sinclair added that people are researching how we can make infrastructure safer to
 address the increase in heavier vehicles (i.e. electric trucks), such as barriers in
 highways.
 -​ Councilor Bullett fully supports the approach of adopting GPCOG’s plan and questions if
 we were to pass the Vision Zero Greater Portland plan, could we add Portland-specific
 amendments if it makes sense?
 -​ Greg Jordan answered that he doesn't see why we couldn’t add to the Vision Zero plan if
 needed.
 -​ Councilor Sykes mentions that her constituents number one concern in her district is
 traffic safety, speeding, and pedestrian safety and thinks this should be prioritized. She
 requested there be a crash data analysis reported back to the committee.
 -​ Councilor Phillips wants to know the difference between the Master Transportation plan
 and the Vision Zero Greater Portland plan?
 -​ Greg Jordan answered that as of today, a Transportation Comprehensive Master Plan
 does not exist. A Vision Zero is one piece of the plan and is a framework that would
 inform the Master Plan.
 -​ Councilor Ali shared he is looking forward to supporting the resolution and adopting the
 Vision Zero Greater Portland plan.

Appropriation of Funds to Support the Battery Storage Project at the Portland Jetport
  -​ Jetport Director, Paul Bradbury, presented an overview of the Battery Storage Project,
 which proposes the installation of a 1.9MW large-scale battery energy storage system
 (BESS) located to tie into the existing CMP underground vault near the intersection of
 Jetport Blvd. and International Parkway.
  -​ The BESS serves two functions to allow the Jetport to offset the load during peak hours
 of demand by ISO New England and to provide needed electrical system resiliency
 during utility power outages.
  -​ The battery would provide peak demand shedding and backup power to the facility.
 Energy storage projects like this are critical as the Jetport continues to electrify its loads.
  -​ The $4.25 million project would be constructed with an immediate investment from the
 Jetport’s unrestricted fund balance and a simple payback of 8.7 years with a 30%
 Inflation Reduction Act of 2022 Investment Tax Credit (ITC).

Councilor Comments on the Battery Storage Project at the Portland Jetport
  -​ Councilor Ali asked if there is any risk involved in storing this battery?
  -​ Paul Bradbury answered that these batteries are contained in fire proof vessels,
 integrated technology, and have a great track record. He added that the batteries are
 controlled and optimized with immense oversight to ensure safety.
  -​ Councilor Bullett inquired about the current solar projects at the Jetport.
  -​ Bradbury replied that there is 35,000 sq ft of PV on top of the same parking garage,
 which handles over 60% of parking garage loads and will be adding to this load when
 possible.
  -​ Councilor Sykes asked about the location of the battery storage project and if there are
 other locations it can be installed if the parking garage is not approved.
 -​ Bradbury answered that the location can only be shifted modestly, approximately 10-15
 feet, due to the intersection of primary transmission lines and transformers.

Public Comment on the Battery Storage Project at the Portland Jetport
 -​ Councilor Phillips opened it up for public comment.
 -​ One constituent spoke. The constituent asked if the project was open to bids from other
 providers to see if there are other cost-effective options available.
 -​ Bradbury answered that they issued an RFP for developers for the design of this project
 and received proposals from three different companies. The current project being
 discussed is the winning company’s design.
 -​ Public comment closed

Motion to Approve the BatteryStorage Project
The motion was moved by Councilor Bullett, and seconded by Councilor Ali.
The motion was accepted unanimously.

Amendments to Chapter 34, Landcare
  -​ Sustainability Director, Troy Moon, provided background information for the amendments
 to Chapter 34 of the Landcare Ordinance to allow the use of chlorantraniliprole to control
 grub infestations. This is in response to a waiver request received by the Sustainability
 Office in December of 2024 from Cheverus High School to treat a severe grub infestation
 on their athletic fields located on Ocean Avenue. They’ve done organic treatments and
 other methods to treat their fields, but were unsuccessful. The sustainability office
 consulted with the City of Portland’s City attorney and determined that a waiver could not
 be considered due to the application method of the product according to the language in
 the ordinance. After discussion, the path forward was to seek an amendment to the
 ordinance to allow the use of this project as there is no effective organic treatment
 available of grubs, which impacts the playability and safety for student athletes.

Councilor Comments on the Amendments to Chapter 34, Landcare
  -​ Councilor Bullett asked if Cheverus HIgh School has a strategic plan for the long-term
 future of this field and if there are plans to replace this field with an artificial turf field.
  -​ The Senior Vice President for Finance and Operations at Cheverus High School
 responded that the school does have an approved campus master plan from the
 planning office that will expire in November of 2025 for two artificial surface fields, which
 is dependent on fundraising.
  -​ Councilor Ali inquired if this amendment will allow others to also ask for a waiver?
  -​ Moon answered that the particular language for this amendment would eliminate the
 need for a waiver for the use of this particular product by anyone, but need to notify the
 office.
  -​ Councilor Ali asked if there will be any negative impact to our waters.
  -​ Moon answered that this product is toxic to certain marine organisms and that there
 would need to be actions taken to ensure it is applied at a safe distance. He noted that
 the current organic product allowed is also toxic to marine life.
 -​ Councilor Bullett asked what happens if this is voted down by the committee.
 -​ Michael Goldman answered that it would still move forward to the whole council for a
 vote.

Public Comment on the Amendments to Chapter 34, Landcare
 -​ Councilor Phillips opened it to public comment.
 -​ Three constituents spoke. One constituent spoke in opposition to any amendments to
 the ordinance due to their concern for human exposure to toxic chemicals. They also
 mentioned that they are against creating a long-term permanent solution to a temporary
 issue as Cheverus plans to replace the field with an artificial turf field.
 -​ Two more constituents spoke in opposition to any amendments to the ordinance and
 encouraged the council to instead explore how the ordinance could be strengthened to
 make it more protective of vulnerable populations and public health.

Motion to Approve the Amendment to Chapter 34, Landcare
 -​ The motion was moved by Councilor Ali, and seconded by Councilor Phillips.
 -​ The amendment failed 2-1.

Proposed 2025 Workplan
 -​ Assistant CIty Manager, Greg Jordan, discussed the 2025 Committee Work Plan, which
 is based on the January 8, 2025 meeting in which the committee heard public comment
 and discussed members’ recommendations for the upcoming year. He emphasized it is a
 flexible outline that will likely change over the year.
 -​ Councilor Ali suggested the committee consider adding the topic of fees for taxi drivers
 to the work plan.
 -​ Councilor Phillips and Bullett agree that it can be added to the work plan.

Motion to Adjournment
The motion was moved by Councilor Bullett, and seconded by Councilor Ali.
The motion was accepted unanimously.

Meeting Adjourned