An Act To Establish Climate and Energy Planning in Maine
Maine Legislature, Session 124, LD 1333
Committee Amendment CA_B_H515 (House)

COMMITTEE AMENDMENT 03" 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 Relating to Energy-efficient Buildings' 
Amend the bill by striking out everything' after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA c. 3-C is enacted to read: 
. CHAPTER 3-C 
THE ENERGY-EFFICIENT STATE BUILDING DEVELOPMENT ACT 
§580-G. Short title 
This chapter may be known and cited as "the Energy-efficient State Building 
Development Act. " 
§580-H. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Greenhouse gas. "Greenhouse gas" has the same meaning as in section 574, 
subsection 1. 
2. State authority. "State authority" means any state agency or any state authority, 
including the University of Maine System, the Maine Maritime Academy and the Maine 
Community College System. 
§580-I. Reducing energy use and greenhouse gas emissions by state authorities 
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 associated 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT:.£;' to H.P. 937, L.D. 1333 
with state-owned buildings. 
By January 1, 2011, and every 4 years thereafter, the· 
Department of Environmental Protection, 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. 
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Sec. 2. Review; relationship among energy use, climate change and land 
use decisions. 
1. Stakeholder group established. The Department of Environmental Protection, 
referred to in this section as "the department," shall establish and convene a stakeholder 
group to evaluate the options, actions and measures available to people and businesses in 
this State to· reduce reliance on the fossil fuels that contribute to greenhouse gas 
emissions, stabilize and reduce greenhouse gas emissions to aid in the achievement of 
state greenhouse gas' emission reduction goals and incorporate these measures into state 
land use and licensing processes for private development. The stakeholder grOtIp must 
include: 
A. Representatives of state agencies with a current interest in these matters and 
likely involvement in the implementation of any recommendations; 
B. Representatives of business, industry and trade associations; 
C. Representatives of no ngov em mental organizations; and 
D. Interested citizens of the State. 
The department shall ensure that a balance of interests is represented in the stakeholder 
group's decision making. The department may ask the University of Maine and other 
higher education institutions to provide scientific and technical expertise to the. 
stakeholder group. The department shall also consult with and obtain information from, 
as the stakeholder group considers appropriate, the Technical Building Codes and 
Standards Board established in the Maine Revised Statutes, Title 10, section 9722, as well 
as any stakeholder group established by the Public Utilities Commission to develop or 
select a standardized rating system and reporting form for building energy efficiency and 
carbon performance. 
2. 
Review; interim report. 
In evaluating the options, actions and measures 
pursuant to subsection 1, the stakeholder group shaH first specifically explore existing 
voluntary actions being undertaken by people and businesses in this State to reduce or 
stabilize greenhouse gas emissions and the potential for implementation of additional 
incentive-based voluntary mechanisms to encourage the incorporation of desirable 
greenhouse gas reduction measures into private development. 
By January 11,2010, the department shall submit an interim report to the Joint Standing· 
Committee on Natural Resources describing the findings of the stakeholder group on the 
use of existing voluntary measures and the feasibility and recommended elements of 
additional incentive-based mechanisms to reduce reliance by private development on 
fossil fuels and to stabilize and reduce greenhouse gas emissions in the State. The interim 
report must include an analysis of the likely regulatory costs that wiII be incurred by the 
private sector, the outcomes of· implementing such incentive-based mechanisms, 
including an analysis of the extent to which these mechanisms, together with other factors 
COMMITTEE AMENDMENT 
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COMMIlTEE AMENDMENT ,~" to H.P. 937, L.D. 1333 
such as, but 'not limited to, ongoing voluntary measures, applicable federal law and 
projected economic conditions, are likely to result in the achievement of the State's 
targeted greenhouse gas emission reduction goals set forth in the Maine Revised Statutes, 
Title 38, section 576. The Joint Standing Committee on Natural Resources is authorized 
to submit legislation related to the interim report to the Second Regular Session of the 
24th Legislature. 
3. Regulatory requirements; final report. Only if the January 11,2010 interim 
report of the stakeholder group concludes that existing or proposed voluntary or 
incentive-based mechanisms are not likely to result in the achievement of the State's 
targeted medium-tenn and long-tenn greenhouse gas emission reduction goals set forth in 
the Maine Revised Statutes, Title 38, section 576, the Joint Standing Committee on 
Natural Resources may authorize the stakeholder group to explore the design and 
recommended elements of regulatory requirements or standards to be proposed through 
major substantive rulemaking by the' department. In addition to any new regulatory 
standards, such rules may include, and the stakeholder group may be directed to consider: 
A. Thresholds or types of projects or elements of developments or activities that 
generate a de minimis amount of greenhouse gas emissions and will not require 
review by the department under the new standards; 
B. Categories of developments or activities that will be eXt:lmpt from the 
standards, 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. projects 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 means the development or activity meets the new 
standards. 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 ot land management practices; 
D. Provisions that allow for other measures that reduce' energy use and 
greenhouse gas emissions; and 
E. 
Provisions that include cost-effective mitigation requirements for those 
developments that do not satisfy the new standards. 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 
through energy efficiency projects. These provisions may include 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. 
By January 11, 2011, the department shall submit to the joint standing committee of the 
Legislature having jurisdiction over natural resources matters the final report of the 
stakeholder group on any proposed major substantive rules, along with any necessary 
implementing legislation. 
The recommendations in the final report may include 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ::/3;. to H,P, 937, L.D. 1333 
proposals for legislation, modifications to existing rules and specific initiatives for one or 
more agencies to undertake in collaboration with stakeholder organizations to implement 
the recommendations. Any proposed mandatory standards and requirements must be 
accompanied by an analysis of both the State's costs to implement and administer the new 
standards and the costs to private businesses and .individuals to comply with the new 
standards, including but not limited to the costs of any required mitigation or 
compensation and any new fees that would be required to cover the cost of implementing 
the new rules. The cost analysis must be prepared in consultation with those state 
agencies or programs, such as the Public Utility Commission's Efficiency Maine or its' 
successor, charged with promoting energy efficiency measures. 
The joint standing 
com~ittee of the Legislature having jurisdiction over natural resources matters is 
authorized to submit legislation related to the final report to the 125th Legislature. 
4. Funding. The department is authorized to accept public and private funds for the 
costs incurred to convene the stakeholder group· and prepare the reports under this 
section. All funds received for these purposes must be deposited into the Maine 
Environmental Protection Fund established in the Maine Revised Statutes, Title 38, 
section 351 and must be used exclusively for purposes related to the preparation of this 
report.' 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on Natural 
Resources. The amendment replaces the bill. The amendment requires state authorities 
to establish policies and guidelines to lower energy use, lessen the State's reliance on. 
fossil fuels and reduce greenhouse gas emissions associated with state-owned buildings. 
The amendment requires the Department of Environmental Protection to submit a report 
on the policies and guidelines established by state authorities to the joint standing 
committee of the Legislature having jurisdiction over natural resources matters every 4 
years. 
The amendment also establishes a stakeholder group to evaluate measures 
available to Maine people and businesses to reduce reliance on fossil fuels, to stabilize 
and reduce greenhouse gas emissions and to incorporate the rneasures into land use and 
licensing for private development. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/30109 frac. 
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LD 1333 
LR 570(03) 
An Act To Establish Climate and Energy Planning in Maine 
Fiscal Note for Bill as Amended by Committee Amendment ::.8" 
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Committee: Natural Resources 
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Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - Other Special Revenue Funds 
, Current biennium revenue increase - Other Special Revenue Funds 
,',Fiscal Detail and Notes ' 
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The Department of Environmental Protection (DEP) shall convene a stakeholder group to evaluate the options, actions 
and measures available to Maine people and businesses to reduce reliance on fossil fuels andincorporate these 
measures into State land use and licensing processes. The DEP may consult with the University of Maine and other 
higher education institutions to provide scientific and technical expertise. The DEP is authorized to accept public and 
private funds for the costs incurred to convene the stakeholder group and prepare the required reports. Any funds 
received 'will be deposited into the Maine Environmental Protection fund. No estimate is made at this time of the 
costs related to these activities. Additional costs to the Department of Public Safety, the State Planning Office and 
higher education institutions associated with consulting with the stakeholder group and other administrative duties can 
be absorbed within existing budgeted resources. 
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LR0570(03) - Fiscal Note - Page 1 of 1