An Act To Protect the Integrity of the State's Carbon Dioxide Budget Trading Program and Auction Process and To Provide Allocations to the Energy and Carbon Savings Trust Fund
Maine Legislature, Session 124, LD 0276
Committee: Utilities and Energy
Sponsors: BARTLETT, MARTIN, GOODALL, ADAMS, EBERLE, FLETCHER, HAMPER, HINCK, SA VIELLO
Amends: 1 MRSA §402

FIRST REGULAR SESSIO:N-2009 
Legislative Document 
No. 276 
S.P.93 
In Senate, February 3, 2009 
An Act To Protect the Integrity of the State's Carbon Dioxide 
Budget Trading Program and Auction Process and To Provide 
Allocations to the Energy and Carbon Savings Trust Fund 
(EMERGENCY) 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator BARTLETT of Cumberland. 
Cosponsored by Representative MARTIN of Eagle Lake and 
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JOY J. O'BRIEN 
Secretary of the Senate 
Senator: GOODALL of Sagadahoc, Representatives: ADAMS of Portland, EBERLE of South 
Portland, FLETCHER of Winslow, HAMPER of Oxford, HINCK of Portland, SA VIELLO of 
Wilton, V AN WIE of New Gloucester. 
Printed on recycled pnper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Maine State Legislature enacted the Regional Greenhouse Gas 
Initiative Act of 2007, or RGGI, which is designed to stabilize and then reduce 
anthropogenic emissions of carbon dioxide, a greenhouse gas, from large electrical 
generating sources using a cap-and-trade mechanism; and 
Whereas, the cap-and-trade mechanism uses an auction platform to sell state 
allocations of carbon dioxide allowances that will generate revenue for the State for 
purposes of electrical and fossil fuel conservation; and 
Whereas, RGGI established the Energy and Carbon Savings Trust to oversee the 
expenditure of auction revenue on cost-effective electrical and fossil fuel conservation 
measures, investments and arrangements that will provide the citizens of the State with 
measurable economic and greenhouse gas reduction benefits; and 
Whereas, RGGI also established the Energy and Carbon Savings Trust Fund, for the 
Energy and Carbon Savings Trust, to receive and expend revenue money associated with 
the auctioned sale of RGGI allowances but did not provide for allocation for receipt and 
expenditure of the auction revenues within the Energy and Carbon Savings Trust Fund; 
and 
Whereas, the participating RGGI states conducted an auction in September 2008 
and an auction in December 2008, and auctions are expected to continue at quarterly 
intervals in the future; and 
Whereas, this much-needed revenue could be used to decrease electrical and 
heating energy costs beginning this winter for the State's citizens; and 
Whereas, the Governor has declared that emergency conditions exist this winter for 
many citizens due to the unprecedented increases in petroleum product prices; and 
Whereas, in addition, the primary purpose of the RGGI auction platform is to sell 
the State's allocations of carbon dioxide allowances at prices that are reflective of a 
competitive market that is free from collusion and market manipulation among the 
auction participants;, and 
Whereas, the release of RGGI information specific to anyone account holder, 
including all auction bids and awards, carbon dioxide allowance and carbon dioxide 
offset allowance holdings and transactions or any applications and financial security 
information or summaries thereof, has the potential to increase collusive or market 
manipulative behavior in RGGI auctions; and 
Whereas, there is an immediate need to ensure future RGGI auctions will have 
robust competitive market conditions; and 
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Whereas, Public Law 2007, chapter 317, section 15 established a system under 
which the proceeds from the sale of carbon dioxide allowances are returned to electric 
customers as direct credits on their bills; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 1 MRS A §402, sub-§3, ~, as amended by PL 2005, c. 381, §2, is fmiher 
amended to read: 
N. 
Social security numbers in the possession of the Department of Inland Fisheries 
and Wildlife; aOO 
Sec. 2. 1 MRS A §402, sub-§3, ~O, as amended by PL 2007, c. 597, § 1, is further 
amended to read: 
O. 
Personal contact information concerning publiC employees, except when that 
information is public pursuant to other law. For the purposes ofthis paragraph: 
(1) 
"Personal contact information" means home address, home telephone 
number, home facsimile number, home e-mail address and personal cellular 
telephone number and personal pager number; and 
(2) "Public employee" means an employee as defined in l)tle 14, section 8102, 
subsection 1, except that "public employee" does not include elected officials7~ 
and 
Sec. 3. 1 MRSA §402, sub-§3, W is enacted to read: 
P. Records containing information specific to anyone account holder including all 
auction bids and awards, carbon dioxide allowance and carbon dioxide offset 
allowance holdings and transactions or any applications and financial security 
information or summaries thereof submitted or developed in association with the 
carbon dioxide cap-and-trade program established in Title 38, section 580-B. These 
excepted records do not include any emission, offset or allowance tracking 
information submitted for the pumose of demonstrating compliance with the State's 
carbon dioxide budget trading program and rules adopted to implement the program. 
This paragraph protects records £i'om disclosure only for the duration necessary, in 
the discretion of the Commissioner of Environmental Protection, to protect the 
integrity of individual auctions administered under the carbon dioxide budget trading 
program described in Title 38, section 580-B, subsections 4 and 7, and thereafter a 
record containing any such information constitutes a public record subject to 
disclosure under this chapter. 
Sec. 4. Public Law 2007, c. 317, §24, sub-§3 is repealed. 
Sec. 5. 
Appropriations and allocations. 
The following appropriations and 
allocations are made. 
PUBLIC UTILITIES COMMISSION 
Energy and Carbon Savings Trust Fund Special Revenue 
Initiative: 
Provides allocations for the authorized Energy and Carbon Savings Trust 
Fund. 
OTHER SPECIAL REVENUE 
FUNDS 
All Other 
OTHER SPECIAL REVENUE 
FUNDS TOTAL 
2008-09 
2009-10 
2010-11 
$30,000,000 
$30,000,000 
$30,000,000 
$30,000,000 
$30,000,000 
$30,000,000 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the definition of "public records" to exclude certain information 
submitted to the Department of Environmental Protection or its agent by parties in order 
to participate in auctions held under the Regional Greenhouse Gas Initiative, specifically 
for the purpose of improved prevention and protection of the carbon dioxide auction 
market from collusion and market manipulation. 
In addition, this bill establishes 
allocations for the Energy and Carbon Savings Trust Fund for the disbursement of 
auction revenues and it repeals celiain unnecessary unallocated language in Public Law 
2007, chapter 3 I 7. 
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