An Act To
Maine Legislature, Session 124, LD 0891
Committee Amendment CA_A_S386 (Senate)

COMMITTEE AMENDMENT "A " to S.P. 341, L.D. 891, Bill, "An Act To 
Amend the Site Location of Development Laws To Include Consideration of Greenhouse 
Gas Emissions" 
Amend the bill by striking out the title and substituting'the following: 
'Resolve, To Develop Standards and Pr~ctices for Developments of State and 
Regional Significance in Order To Reduce Dependency on Imported Fossil Fuels 
and Meet the State's Greenhouse Gas ElIlissions Reduction Goals' 
Amend the bill by striking out everything after the title and before the summary and' 
inseliing the following: 
' 
'Sec. 1. Creation of carbon-neutral building standards. Resolved: That 
the Depaliment of Environmental Protection, referred to in this resolve as "the 
depaliment," in consultation with the Efficiency Maine Trust Board, the Technical 
Building Codes and Standards Board within the Department of Public Safety, technical 
experts in energy efficiency and other interested parties, shall compile from existing 
sources a set of standards for the design and operation of developments subject to the 
jurisdiction of the site location of development laws in the Maine Revised Statutes, Title 
38, chapter 3, subchapter 1, aliicle 6. 
The standards must be selected based on a 
demonstration that a building designed, constructed and operated under the standards will 
have net emissions, taking into account mitigation eff0l1s, that are carbon-neutral over the 
building's useful life. By January I, 2011, the depatiment shall submit a repOli on its 
compilation of the standards to the joint standing committee of the Legislature having 
jurisdiction over natural resources matters; and be it fllliher 
Sec. 2. 
Creation of best management practices for the siting and 
construction of developments of state and regional significance that may 
substantially affect the environment. 
Resolved: 
That the depatiment, in 
consultation with the Executive Depatiment, State Planning Office, the Depatiment of 
TranspOliation, technical expelis in architecture, transpOliation and site development and 
other interested patiies, shall develop a series of best management practices for the design 
and site layout of developments' subject to the jurisdiction of the site location of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P~ 341, L.D. 891 
development laws in the Maine Revised Statutes, Title 38, chapter 3, subchapter 1, article 
that will contribute to minimizing or avoiding the emission of greenhouse gases and 
maximizing energy efficiency. By January 1, 2011, the department shall report on the 
development of the best management practices to the joiht standing committee of the 
Legislature having jurisdiction over natural resources matters; and be it further 
Sec. 3. 
Evaluation of current energy and carbon-efficient building 
practices. Resolved: That the department, in consultation with the Efficiency Maine 
Trust Board, the Technical Building Codes and Standards Board within the Department 
of Public Safety and technical experts, shall evaluate the energy performance of the 
Maine Uniform Building and Energy Code in relation to other commonly used 
benchmarking systems, such as the United States Green Building Council's "LEED" 
system, and Energy Star and the Home Energy Rating System established by the United 
States Department of Energy and the United States Environmental Protection Agency, in 
order to make recomf!1endations as to whether developments subject to the jurisdiction of 
the site location of development laws in the Maine Revised Statutes, Title 38, chapter 3, 
subchapter 1, article 6 should have a different standard in order to further meet the goals 
of the State's climate action plan. By January 1, 2011, the department shall report its 
recommendations to the joint standing committee of the Legislature having jurisdiction 
over natural resources matters; and be it further 
. 
Sec. 4. 
Authority to submit a bill. 
Resolved: 
That the joint standing 
committee of the Legislature having jurisdiction over natural resources matters may 
submit a bill to the First Regular Session of the 125th Legislature to implement 
recommendations in the reports submitted pursuant to sections 1,2 and 3 of this resolve; 
and be it further 
Sec. 5. 
Creation of carbon-neutral. and energy-efficient development. 
Resolved: That the Maine Land Use Regulation Commission shall, in the course of 
implementing itscorriprehensive land use plan pursuant to the Maine Revised Statutes, 
Title 12, section 685-C, identify alternative approaches and provide recommendations 
regarding ways to ensure that the design, construction and operation of future 
development in the unorganized and deorganized areas of the State minimize overall 
energy use, reduce greenhouse gas emissions and maximize energy efficiency. 
The 
department shall, in the course of developing its reports pursuant to this resolve, provide 
the Maine Land Use Regulation Commission information regarding energy~efficient 
design, construction and operation of developments. By January 1, 2012, the Maine Land 
Use Regulation Commission shall submit· a report on its progress and 
any 
recommendations to the joint standing committee of the Legislature having jurisdiction 
over natural resources matters and the joint standing committee of the Legislature having 
jurisdiction over agriculture, conservation and forestry matters. 
The joint standing 
committee of the Legislature having jurisdiction over agriculture, conservation and 
forestry matters is authbrized to submit a bill to implement the recommendations to the 
SUMMARY 
This amendment is the majority report of the committee. The amendment replaces 
the bill with a resolve. 
COMMITTEE AMENDMENT 
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- COMMITTEE AMENDMENT "A" to S.P. 341, L.D. 891 
I. It directs the Depaliment of Environmental Protection, in consultation with others, 
to compile from existing sources a set of standards for the design and operation of 
developments subject to the site location of development laws such that the emissions of 
a building designed, constructed and operated under the standards will be carbon-neutral. 
2. It directs the Depaliment of Environmental Protection, in consultation with others, 
to develop a series of best management practices for the design and site layout of 
developments subject to the site location of development laws that will contribute to 
minimizing the emission of greenhouse gases and maximizing energy efficiency. 
3. It directs the Depaliment of Environmental Protection, in consultation with others, 
to evaluate the energy performance of the Maine Uniform Building and Energy Code in 
II 
relation to other energy benchmarking systems in order to recommend whether 
developments subject to the site location of development laws should have a different 
standard. 
4. It requires the Department of Environmental Protection to repmi on each of the 3 
subject areas to the joint standing committee of the Legislature having jurisdiction over 
natural resources matters by January I, 20 II and authorizes the committee to submit a 
bill relating to the repmis to the First Regular Session of the 125th Legislature. 
5. It directs the Maine Land Use Regulation Commission to recommend ways to 
ensure that the location of future development in the commission's jurisdiction minimizes 
overall energy use, reduces greenhouse gas emissions and maximizes energy efficiency. 
It requires the commission to repoli to the joint standing committee of the Legislature 
having jurisdiction over natural resources matters and the joint standing committee of the 
Legislature having jurisdiction over agriculture, conservation and forestry matters by 
January I, 2012 and authorizes the joint standing committee of the Legislature having 
jurisdiction over agriculture, conservation and forestlY -matters to submit a bill relating to 
the report to the Second Regular Session Mthe 125th Legislature. 
FISCAL .\OT[ REQLIRED 
(See atta,:h.edt 
COMMITTEE AMENDMENT 
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Approved: 02/23/1 0 MaC!. 
LD 891 
LR 524(02) 
An Act To Amend the Site Location of Development Laws To Include Consideration of Greenhouse 
Gas Emissions 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Natural Resources 
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Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
) 
Additional costs to the Department of Conservation, Land Use Regulation Commission, Department of Environmental 
Protection, the State Planning Office and Efficiency Maine Trust associated with inter-agency consultation and the') 
making~f recomrnendations on best practices to ensure that the location of future develop~ent min imizes overall 
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energy use, reduces greenhouse gas emissions and maximizes energy efficiency can be absorbed within existing 
budgeted resources. 
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LR0524(02) - Fiscal Note - Page I of I