An Act To Establish Climate and Energy Planning in Maine
Maine Legislature, Session 124, LD 1333
Committee Amendment CA_A_H514 (House)
Amends: 12 MRSA §685-B, 30-A MRSA §4312, 38 MRSA §480-Q

COMMITTEE AMENDMENT ,,~ :, to H.P. 937, L.D. 1333, Bill, "An Act To 
Establish Climate and Energy Planning in Maine" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Reduce Maine's Dependence on Fossil Fuels and Enhance Energy-, 
efficient Development' 
Amend the bill by striking out everything after the enacting clause and before the 
, summary and inserting the following: 
'PART A 
Sec. A-I. 38 MRSA c. 3-C is enacted to read: 
CHAPTER 3-C 
ENERGY EFFICIENCY DEVELOPMENT ACT 
§580-G. Short title; findings; purpose 
This chapter may be known and cited as lithe Energy Efficiency Development Act." 
The Legislature finds and declares that reduced reliance on the fossil fuels that 
contribute to greenhouse gas emissions is necessary to improve energy security, reduce 
the State's heavy reliance on imported fuels and improve and strengthen the State's 
economy. 
The Legislature also finds and declares that the stabilization and the reduction of 
greenhouse gas emissions in accordance with the targeted state goals established in 
section 576 are consistent with its duty to protect the health, safety and welfare of its 
citizens, enhance and maintain the quality of the environment, conserve natural resources 
and prevent air, water and land pollution. The Legislature further finds and declares that 
making progress towards the State's targeted medium-term and long-term greenhouse gas 
emission reduction goals set forth in section 576 requires consideration and reduction of 
Page I - 124LR0570(02)-1 
COMMITTEE AMENDMENT 
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31. 
COMMITIEE AMENDMENT" A" to H.P. 937, L.D. 1333 
climate .impacts and effects as an integral part of state planning and licensing, and 
consideration in the development of new public and private infrastructure. 
§580-H. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
Energy-related greenhouse gas emissions. 
"Energy-related greenhouse gas 
emissions" means all direct and indirect emissions that could reasonably result from 
energy use or production or from heating, cooling, lighting, equipment use and other 
activities associated with the postconstruction operation of a project or activity. 
2. Greenhouse gas. "Greenhouse gas" has the same meaning as in section 574, 
subsection 1. 
3. Long-term project decision. "Long-tenn project decision" means final approval 
by any state authority of any capital investment, loan or construction project of the State 
that will result in the purchase, development or significant improvement of public 
infrastructure with a useful life of 15 or more years, including, but not limited to, schools, 
roads, bridges and other transportation facilities, correctional facilities, water or sewage 
treatment plants, recreational facilities, communication and energy infrastructure, public' 
buildings and other infrastructure. 
. 
4. 
Planning decision. 
"Planning decision" means final approval by any state 
authority of plans or management decisions that could significantly affect energy use or 
net lifetime emissions of greenhouse gases, including, but not limited to: 
A. Transit planning or studies by the Department of Transportation or the Maine 
Turnpike Authority, including planning for locally administered projects funded by 
the State; 
B .. Establishment or amendment of land use districts and standards by the Maine 
Land Use Regulation Commission or any revisions to its comprehensive land use-
plan; 
C. Administrative or management plans involving use of public buildings, schools 
and other infrastructure; and 
D. Construction standards, procurement criteria or other decisions that can affect 
energy use and the volume of greenhouse gas emissions by state facilities. 
5. State authority. "State authority" means: 
A. Any state agency; 
B. 
Any state authority, including the University of Maine System, the Maine 
Maritime Academy and the Maine Community College System; and 
C. 
Any advisory organization, including an authority, board, commission, 
committee, council, task force or similar organization of an advisory nature, 
established, authorized or organized bylaw or resolve or by executive order issued by 
the Governor, unless the law, resolve or executive order establishing, authorizing or 
organizing the advisory organization specifically exempts the organization from the 
application of this chapter. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT"~" to H.P. 937, L.D. 1333 
6. . Transportation-related greenhouse gas emissions. . "Transportation-related 
greenhouse gas emissions" means all direct and indirect emissions of greenhouse gas that 
could reasonably result from the transportation of people and goods associated with a 
project or activity or with the postconstruction operation of a project or activity. 
§580-1. Reducing energy use and greenhouse gas emissions by state authorities 
. 6 
1. State authority energy standards. A state authority shall establish policies and 
guidelines to lower overall energy use, lessen the State's reliance on fossil fuels and 
reduce greenhouse gas emissions consistent with the purposes of this chapter. By January 
1, 2011, and every 4 years thereafter, the department, in consultation with other state 
authorities, shall submit a report to the joint standing committee of the Legislature having 
jurisdiction over natural resources matters summarizing state authorities' efforts to 
implement the policies and guidelines and the savings and reductions achieved. 
2. Energy criteria for new state infrastructure. Planning decisions and long-term 
project decisions finalized by a state authority on or after July 1, 2012 must incorporate 
measures to lower overall energy use, lessen the State's reliance on fossil fuels and 
reduce greenhouse gas emissions consistent with the purposes of this chapter. In 
deterinining such measures, a state authority shall consider net lifetime energy use and 
greenhouse gas emissions, including energy-related. greenhouse gas emissions and 
transportation-related greenhouse gas emissions, and shall seek to achieve the greatest 
energy savings and emissions reductions possible after consideration of available funding 
and expected annual operating costs and savings. 
§580-J. Energy efficient development 
1. General standard. Developments or activities subject to approval pursuant to 
section 483-A may not result in or contribute to unreasonable emissions of greenhouse 
gases. In making a determination under this subsection, the department may consider 
factors related to the design, construction and operation of the development, including, 
but not limited to, land use, building materials and building energy usage, energy 
efficiency and weatherization. 
The department may specify de minimis thresholds or types of projects or elements of 
developments or activities that do not require approval under this subsection. The 
department may also establish qualified· measures to· demonstrate presumptive 
compliance with the standard established in this subsection. The department may exclude 
projects or facilities subject to federal greenhouse gas requirements. Industrial processes, 
forestry and agricultural activities are not subject to review under this section. 
2. 
Mitigation. In determining whether a development or activity will result in 
unreasonable emissions of greenhouse gases, the department may consider mitigation of 
emissions of greenhouse gases. For purposes of this subsection, "mitigation" means any 
action taken or not taken to avoid, minimize, rectify, reduce, eliminate or compensate for 
emissions of greenhouse gases. The department may require that compensation for 
unavoidable emissions of greenhouse gases includes the design, implementation and 
maintenance of a greenhouse gas offset compensation project or may allow the applicant 
to pay a greenhouse gas compensation fee. 
. COMMITTEE AMENDMENT 
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COMMITTEE 'AMENDMENT "A " 
to H.P. 937, L.D. \'333 
A. The department may establish a compensation fund for the purpose of receiving' 
compensation fees other than those paid directly to a state entity as provided in 
paragraph B, grants and other related income under this section. Income received 
under this paragraph must be deposited to the credit of the compensation fund and. 
may be invested as provided by law. Interest on these investments must be credited to ' 
the compensation fund. The department may make payments from the compensation 
fund consistent with the purpose of the fund. A project that is funded in whole or in 
part from the compensation fund must be approved by the department, except that the 
department may transfer to or deposit greenhouse gas compensation funds with the 
Energy and Carbon Savings Trust e'stablished under Title 35-A, section 10008 for use 
in energy conservation and efficiency projects that do not require approval by the 
department. 
B. 
The department may require that all or a portion of a greenhouse gas 
compensation fee be paid directly to a state entity designated by the department for 
use in energy efficiency and conservation projects that do not require approval by the 
department. 
3. Major substantive rulemaldng. The department shall coordinate with the Maine 
Land Use Regulation Commission and, after consultation with members of the public and 
representatives of industry and commercial, residential and institutional development, 
shall jointlywith the Maine Land Use Regulation Commission, in accordance with Title 
12, section 685-B, subsection 4-C, paragraph C, initiate rulemaking that implements this 
section. Rules adopted pursuant to this subsection are major substantive rules as defined 
in Title 5, chapter 375, subchapter 2-A. The rules may include but are not limited to the 
following: 
A. Thresholds or types of projects or elements of developments or activities that 
have a de minimis amount of greenhouse gas emissions and will not require review 
by the department under the standard in this section; 
B. Categories of developments or activities that are exempt from the standard in this 
section, such as, but not limited to, certain categories of industrial development, 
industrial' processes, expansions of existing facilities 
subject to 
reporting 
requirements, forestry, agriculture and those developments or activities subject to 
federal greenhouse gas requirements; 
C. A list of qualified measures that when included in the design of a development or 
activity, as demonstrated by an applicant, means the development or activity meets 
the standard in this section. The rules may require that an applicant demonstrate the 
design includes the qualified measure. The qualified measures may relate to the 
design, construction and operation of buildings and structures and may include the, 
use of energy-efficient designs, such as the United States Environmental Protection 
Agency's Energy Star standards, or nationally recognized energy and environmental 
design rating systems; active and passive renewable energy systems; construction 
materials and practices; and site clearing or land management; 
D. Provisions that enable applicants to propose and Lise other measures that reduce 
lifetime net energy use and greenhouse gas emissions; and 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "R "to H.P. 937, L.D. 1333 
E. 
Provisions that include mitigation requirements for those developments or 
activities associated with the long-term conversion of undeveloped land and the 
associated loss of biological carbon sequestration. These requirements may include 
mitigation through an on-site or off-site compensation, through natural biological 
carbon sequestration, such as forestry or agricultural offsets, or energy efficiency 
projects. The depmiment may also establish a fee program to allow payment of a fee 
when mitigation of greenhouse gas emissions is not practicable for an applicant or 
when an applicant prefers to pay a fee rather than provide on-site or off-site 
compensation. 
4. 
Application date. The requirements of subsections 1 and 2 do not apply to 
developments and activities before the department finally adopts rules pursuant to 
subsection 3. 
. 
. 
Sec. A-2. Reports on rules, implementation and fees. 
1. By January 7, 2010, the Department of Environmental Protection, in coordination 
with the Maine Land Use Regulation Commission, shall submit to the. Joint Standing 
Committee on Natural Resources a report on the status of rulemaking required pursuant 
to the Maine Revised Statutes, Title 38, section 580-J, subsection 3, including a draft 
definition of "unreasonable emissions of greenhouse gases." The committee is authorized 
to report out legislation related to the report to the Second Regular Session of the 124th 
Legislature. 
2. By January 7, 2011, the Department of Environmental Protection shall submit to 
the joint standing committee of the Legislature having jurisdiction over natural resources 
matters a repOli that addresses the rules required pursuant to the Maine Revised Statutes 
Title 38, section 580-J, subsection 3 and related information. The department's report 
must include an analysis of the implementation of the qualified measures and other 
requirements and a schedule of reasonable fees sufficient to cover the department's cost 
of administering the rules. The committee is authorized to report out legislation relating 
to the report to the First Regular Session of the 125th Legislature. 
Sec. A-3. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Mitigation Compensation Fund N082 
Initiative: Provides base allocation for the creation of a mitigation compensation fund. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2009-10 
$500 
$500 
COMMITTEE AMENDMENT 
2010-11 
$500 
$500 
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COMMITIEE AMENDMENT"~" to H.P. 937, L.D. 1333 
PARTB 
Sec. B-1. 12 MRSA §685-B, sub-§4,~, as amended by PL 2007, c. 661, Pt. C, 
§3, is further amended to read: 
E. 
The proposal is.otherwise in conformance with this chapter and the regulations, 
standards and plans adopted pursuant thereto; and 
Sec. B-2. 12 MRSA §685-B, sub-§4, 'TIF, as enacted by PL 1973, c. 569, §II, is· 
amended to read: 
F. 
In the case of an application for a structure upon any lot in a subdivision, tflat the 
subdivision has receivedth'e approval of the commission ... ; and 
Sec. B-3. 12 MRSA §685-B, sub-§4, ~G is enacted to read: 
G. In the case of a subdivision permit application submitted pursuant to subsection 1, 
paragraph B or a development permit application submitted pursuant to subsection 1, 
paragraph C that would be reviewed under Title 38, section 483-A if the development 
were located in an organized area, the proposed activity does not result in or 
contribute to unreasonable emissions of greenhouse gases. 
Sec. B-4. 12 MRS A §685-B, sub-§4-C is enacted to read: 
4-C. 
Energy efficient development. 
This subsection applies to applications 
reviewed under subsection 4, paragraph G. 
A. 
In making a determination under subsection' 4, paragraph G of whether the 
proposed activity does not result in or' contribute to unreasonable emissions of 
greenhouse gases, the commission. may consider factors related· to the design, 
construction and operation of the development, including, but not limited to, land use, 
building materials and building energy usage, energy efficiency and weatherization. 
The commission may specify de minimis thresholds or types of projects or elements 
of developments or activities that do not require approval under this subsection. The 
commission may also establish qualified measures to demonstrate presumptive 
compliance with the standard under subsection 4, paragraph G. The commission may 
exclude proiects or facilities subject to federal greenhouse gas requirements. 
Industrial processes, forestry and agricultural activities are not subject to review 
under this subsection. 
B. In determining whether a development or activity will result in unreasonable 
emissions of greenhouse gases, the commission may consider mitigation of.emissions 
of greenhouse gases and require compensation consistent with Title 38, section 580-J, 
subsection 2. Income received under this subsection must be deposited to the credit 
of the compensation fund established pursuant to Title 38, section 580-J, subsection 
2, paragraph A. 
. 
C. 
The commission shall coordinate with the Department of Environmental 
Protection and, after consultation with members of the public and representatives of 
industry and commercial, residential and institutional development, shall, jointly with 
the Department of Environmental Protection, in accordance with Title 38, section 
580-J, subsection 3, initiate rulemaking that implements subsection 4, paragraph G: 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to H.P. 937, L.D. 1333 
The rules may include but are not limited to the items listed in Title 38, section 580-J, 
subsection 3. Rules adopted pursuant to this paragraph are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
D. The requirements of paragraphs A and B and subsection 4, paragraph G do not 
apply to developments and activities before the commission finally adopts rules 
pursuant to paragraph C. 
Sec. B-S. Report on rules, implementation and fees. By January 7,2011, the 
Maine Land Use Regulation Commission shall submit a report that addresses the rules 
required pursuant to the Maine Revised Statutes, Title 12, section 685-B, subsection 4-C 
and related information to the joint standing committee of the Legislature having 
jurisdiction over conservation matters and to the joint standing committee of the 
Legislature having jurisdiction over natural resources matters. The commission's report 
must include an analysis of the implementation of the qualified measures and other 
requirements and a schedule of reasonable fees sufficient to cover the commission's cost 
of administering the rules. 
The joint standing committee of the Legislature having 
jurisdiction over conservation matters is authorized to report out legislation to the 125th 
Legislature related to the report. 
PARTC 
Sec. C-l. 30-A MRSA §4312, sub-§3, 'IJI, as enacted by PL 1989, c. 104, Pt. A, 
§45 and enacted by Pt. C, § 1 0, is amended to read: 
I. To preserve the State's historic and archeological resources; aHd 
Sec. C-2. 30-A MRSA §4312, sub-§3, ~J, as enacted by PL 1989, c. 104, Pt. A, 
§45 and enacted by Pt. C, § 1 0, is amended to read: 
J. To promote and protect the availability of outdoor recreation opportunities for all 
Maine citizens, including access to surface waters7; and 
Sec. C-3. 30-AMRSA §4312, sub-§3, ~ 
is enacted to read: 
K. 
To protect state resources from climate change by reducing emissions of 
greenhouse gases from the transportation and development sectors; 
Sec. C-4. 38 MRSA §480-Q, sub-§2, f{iB, as repealed and replaced by PL 1995, 
c. 27, § 1, is amended to read: 
B. Crossings do not block passage for fish passages or other aquatic organisms in 
water courses. Culverts and installation techniques utilized must achieve natural 
stream flow; 
Sec. C-S. 38 MRSA §480-Q, sub-§2-A, as amended by PL 1993, c. 315, §2, is 
further amended to read: 
2-A. Existing road culverts. In any protected natural resource area, a permit is not 
required for the repair and maintenance of an existing road culvert or for the replacement 
of an existing culvert, as long as the replacement culveli.is: 
B. Not more than 25% longer than the culvert being replaced; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 937, L.D. 1333 
C. Not longer than 75 feet. 
Ancillary culverting activities, including excavation and filling, are included in this 
exemption. A person repairing, replacing or maintaining an existing culvert under this 
subsection shall ensure that erosion control measures are taken to prevent sedimentation 
of the water and that the crossing does not block passage for fish passage in the water 
course or passage for other aquatic organisms in the water course if passage for fish is 
required under this subsection. Replacement culverts and techniques used in installing 
the culverts must achieve natural stream flow. 
Sec. C-6. Fish passage rules. The Department of Environmental Protection shall 
amend its rules, Chapter 305, Permit By Rule to require municipalities to achieve natural 
stream flow when they are repairing or maintaining roads or stream crossings. The 
amendments must establish standards that ensure: 
1. Adequate flow during high water conditions; 
2. Upstream and downstream movement for aquatic organisms and downstream and 
lateral movement of materials; 
3. Vertical gradient thatmatches up and down stream; and 
4. Horizontal alignment that matches up and down stream~ 
Sec. C-7. Local and regional planning. 
The Executive Department, State 
Planning Office shall review and update its rules, standards and guidelines governing 
local and regional planning activities to incorporate best practices to reduce the climate 
change effects on and reSUlting from those activities. The State Planning Office shall 
complete'the required updates by January 1, 2011, except that, in any case involving 
changes to major substantive rules as defined in the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A, the State Planning Office shall submit provisionally adopted 
rules with the required updates to the Legislature by January 1, 2011. 
Sec. C-S. Rules. Rules adopted pursuant to or to implement the provisions of this 
Part are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 
375, subchapter 2-A and must be submitted to the Legislature by January 1, 2011 for 
review by the joint standing committee of the Legislature having jurisdiction over natural 
resources matters.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Natural 
Resources. The amendment strikes the provisions in the bill that require reviews of 
climate effects in state planning and project decisions and replaces those provisions with 
a requirement for state authorities to establish policies and guidelines to lower overall 
energy use, lessen the State's reliance on fossil fuels and reduce greenhouse gas emissions 
and a requirement that state authorities incorporate energy criteria in planning and long-
term project decisions. The amendment strikes the provisions in the bill that require 
review of climate effects in state licensing decisions and replaces those provisions with a 
requirement that developments in the organized areas of the State that are subject to 
approval under the site location of development law and developments in the unorganized 
territories that would be subject to the site location of development law if the 
'COMMI 
EE AMENDMENT 
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COMMITIEE AMENDMENT "A" to H.P.937, L.D. 1333 
development was in an organized area of the State may not result in or contribute to 
unreasonable emissions of greenhouse gases, and it requires the Department of 
Environmental Protection and the Maine Land Use Regulation Commission to adopt 
major substantive rules. It authorizes the establishment of a mitigation compensation 
fund. 
The amendment requires the Department of Environmental Protection and the 
Maine Land Use Regulation Commission to submit an interim report by January 7, 2010 
and final reports by January 7, 2011 related to the major substantive rulemaking. This 
amendment adds an appropriations and allocations section to the bill. 
The amendment retains, with changes, provisions in the bill that: 
1. 
Add the protection of state resources from climate change to the goals of the 
growth management program; 
2. Amend exceptions in the Natural Resources Protection Act for the maintenance 
and repair of stream crossings and of existing road culverts; and 
3. Require the Department of Environmental Protection to amend its rules to require 
municipalities to achieve natural stream flow and upstream and downstream passage of 
aquatic organisms when repairing or maintaining roads and stream crossings. 
FISCAL NOTE REQUIRED 
(See attacbed) 
COMMITTEE AMENDMENT 
Approved: 05/30109 frac.. 
LD 1333 
LR 570(02) 
A~ Act To Establish Climate and Energy Planning in Maine 
Fiscal Note for Bill as Amended by Committee Amendment '~" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 . 
2010-11 
Projections 
2011-12 
Appropriations/Allocations 
Other Special Revenue Funds' 
$500 
$500 
$500 
Fiscal Detail and. Notes 
Projections 
2012-13 
$500 
The bill includes a base allocation of $500 to establish the Mitigation Compensation Fund in the Department of 
Environmental Protection. The purpose of the fund is to to receive greenhouse gas compensation fees, grants and 
other income related to the unavoidable emission of greenhouse gases. Fees may be paid for developments that cannot 
meet the site law requirements demonstrating that the project doesn't result in nor contribute to unreasonable 
emissions of greenhouse gases. The additional costs to the Department of Environmental Protection, the Land Use 
Regulation Commission within the Department of Conservation and the State Planning Office associated with 
rillemaldng and other administrative duties can be absorbed within existing budgeted resources. 
LR0570(02) - Fiscal Note - Page 1 of 1 
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