An Act To Establish Climate and Energy Planning in Maine
Maine Legislature, Session 124, LD 1333
Committee: Natural Resources
Sponsors: PINGREE, MITCHELL, DUCHESNE, EBERLE, WALSH INNES, MAZUREK, WELSH, DAMON, GOODALL, SIMPSON
Amends: 12 MRSA §682, 12 MRSA §685-A, 12 MRSA §685, 23 MRSA §612, 30-A MRSA §4312, 38 MRSA §480-Q

MAINE STATE LEGISLATURE 
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AUG~STA, MAINE 
124thMAINE LEGISLATURE 
FIRST REGULAR SESSIOl'~-2009 
Legislative Document 
No. 1333 
H.P.937 
House of Representatives, March 31, 2009 
An Act To Establish Climate and Energy Planning in Maine 
Reference to the Committee on Natural Resources suggested and ordered printed. 
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Presented by Speaker PINGREE of North Haven. 
Cosponsored by President MITCHELL of Kennebec and 
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1/1. 71ltU~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUCHESNE of Hudson, EBERLE of South Portland, WALSH INNES of 
Yarmouth, MAZUREK of Rockland, WELSH of Rockport, Senators: DAMON of Hancock, 
GOODALL of Sagadahoc, SIMPSON of Androscoggin. 
Prinled un recycled pnp~r 
· Be it enacted by the People of the State of Maine as follows: 
PARTA 
. Sec. A-I. 38 MRS A c. 3-C is enacted to read: 
CHAPTER 3-C 
THE CLIMATE AND ENERGY PLANNJlNG ACT OF 2009 
§580-G. Short title; findings; purpose 
This chapter may be mown and cited as "the Climate and Energy Planning Act of 
2009." 
The Legislature finds and declares that the stabilization and the reduction of 
greenhouse gas emissions in accordance with the state goals established in section 576 
are mandated by and 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 fmds and 
declares. that reduced reliance on the fossil fuels that contribute to greenhouse gas 
emissions is necessary to improve energy security and to reduce the economic impacts of 
the State's heavy reliance on imported fuels. 
The Legislature further fmds and declares that making progress towards the State's 
medium-term and long-term greenhouse gas emission reduction goals set forth in section 
requires consideration and reduction of climate impacts and effects as an integral part 
of state planning and licensing, and consideration in the development of new public and 
private infrastructure. While not every plan or project can or should be required to meet 
the State's goals by itself, it is the intention of the Legislature that all future developments 
contribute as much as reasonably possible towards attainment of the State's greenhouse 
gas emission reduction goals. 
§580-H. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
Climate change effects. 
"Climate change effects" means the reasonably 
foreseeable impacts that long-term expected changes iIi the climate may have upon a 
proposed project or activity, inCluding, where applicable, the effects of sealevel rise; 
alterations in precipitation, temperature, snowpack, icing, flooding or other weather-
related phenomena; and other changes resulting. from climate change. 
2. 
Climate change impacts. "Climate change impacts" means the net lifetime 
emissions of greenhouse gases, or other pollutants, from a project or activity that 
contribute to the phenomenon of climate change due to global warming. "Climate change 
impacts" also means potential impacts of a project or activity on the ability of natural 
systems to adapt to climate change. 
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3. Embodied greenhouse gas emissions. "Embodied greenhouse gas emissions" 
means all direct and indirect emissions of greenhouse gas resulting from construction and 
development activities, including, but riot limited to, emissions associated with materials 
used, transportation of people, goods and materials to and from the project site, site 
disturbance and changes in land use, the operation of equipment during construction or 
development, energy use during construction and development and, waste prevention, 
disposal and recycling during construction. Where applicable, "embodied greenhouse gas 
emissions" also includes net lifetime emissions due to site management and may include 
consideration of sustainable and verifiable carbon storage. 
4. 
Energy-related greenhouse gas emissions. 
"Energy-related greenhouse gas 
emissions" means 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 .. 
5. Greenhouse gas. "Greenhouse gas" has the same meaning as in section 574, 
subsection 1. 
6. Long-term project decision. "Long-term 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 o'r sewage 
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treatment plants, recreational facilities, communication and energy infrastructure, public 
buildings and other infrastructure. 
7. 
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; 
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B. Resource or management plans by any agency overseeing-public lands and natural 
resources, including state lands, parks, forests, waters; fish and wildlife; 
C. 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; 
D. Administrative or management plans involving use of public buildings, schools 
and other infrastructure; and 
E. 
Construction standards, procurement criteria or other decisions that can affect 
energy use and the volume of greenhouse gas emissions by state facilities. 
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.. State authority. "State authority" means: 
A. Any state agency; 
B. Any other 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, COmmlSSlOn, 
committee, council, task force or similar organization of an advisory nature, 
established, authorized or organized by law 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. 
9. 
Transportation-related greenhouse gas emiSSIOns. 
"Transportation-related 
greenhouse gas emissions" are 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-I. Review of climate effects in state planning and project decisions 
Except in any case in which the department waives the requirements of this section 
pursuant to section 580-1(, the department and state authority shall comply with the 
requirements of this section in accordance with the implementation schedule in 
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subsection 3. 
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1. Analysis reQuired. A state authority shall consider and include in any planning 
decision or long-term project decision an analysis of the reasonably foreseeable climate 
change impacts and climate change effects. The department shall also consider' and 
include the same analysis in its review of any application for a license, permit or other 
approval governed by section 580-:]. 
A. The analysis of climate change impacts must include an estimate of reasonably 
foreseeable net lifetime emissions of greenhouse gases and any other factors that may 
contribute to climate change, including: 
(1) Embodied greenhouse gas emissions; 
(2) Energy-related greenhouse gas emissions; 
(3) Transportation-related greenhouse gas emissions; and 
(4) bther greenhouse gas emissions resulting from the project or activity. 
B. 
The analysis must include an analysis of whether there are any practicable 
alternatives to the project or activity that would avoid, minimize or mitigate the 
reasonably foreseeable climate change impacts and climate change effects. 
C. The state authority responsible for conducting the analysis shall consult with and 
obtain the comments of any other state authority that has any jurisdiction over or 
special expertise with respect to issues relevant to the project or activity. Copies of 
the analysis and the comments of state authorities consulted must be made available 
to the public and must be completed before any final decision on the project or 
activity is made. The analysis must be integrated into and accompany the proposal 
for the proj ect or activity through any review process of the state authority. The final 
decision of the state authority on the project or activity must take the comments and 
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concerns of other agencies and the public into account and must be responsive to 
.those comments arid concerns. 
2. Decisions consistent with State's greenhouse gas reduction goals. A decision 
.of the department or a state authority on a project or activity subject to the requirements 
of this section must be consistent with the achievement of the greenhouse gas emission 
reduction goals set forth in section 576 as follows: 
A. A decision made after the effective date of this subsection and prior to January 1, 
2020 must ·be consistent with the achievement of the greenhouse gas emission 
reduction goals set forth in section 576, subsections 1 and 2; and 
. B. A decision made on or after January 1, 2020 or a decision made after the effective 
date of this subsection that involves actions that occur after December 31, 2019 or 
that relates to a proj ect that has a useful life that extends beyond December 31, 2019 
must make substantial progress towards the achievement of the long-ternl greenhouse 
gas emission reduction goals set forth in section 576, subsection 3. 
3. Implementation schedule. The requirements of this section apply to planning 
decisions and long-term project decisions that are initiated after the effective date of this 
section or that are finalized on or after January 1, 2010. A state authority may apply to 
the department for a waiver of the requirements of this section for a project" or activity 
initiated prior to the effective date of this section that is substantially complete but will 
not be fmalized prior to January 1, 2010, and the department may grant the waiver upon a 
determination that requirements of this section will cause undue delay and expense, or 
that meeting the requirements of this section is not likely to result in substantial long-term 
energy savings, greenhouse gas emission reductions or mitigation of potential climate 
change effects. 
§580-J. Review of climate effects in state licensing decisions 
. Notwithstanding any other provision of law, unless the department waives the 
requirements of this section pursuant to section 580-K, after the final adoption of rules by 
the department under section 580-K the department may not issue a license, permit or 
other approval for the following projects or activities unless the department undertakes or 
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reviews and approves the analysis of the project or activity as required by section 580~I, 
subsection 1 and certifies that its decision to approve the license or permit meets the 
requirements of section" 580-1, subsection 2: 
1. Approval under section 483-A. Projects or activities requiring approval under 
section 483-A; 
2. License under section 413. Projects or activities requiring a license under section 
413, if the project or activity involves new facilities or significant modifications to 
. existing" facilities, as defined by the department by rule; 
3. License under section 590. Projects or activities requiring a license under section 
590, if the projector activity involves new facilities or significant modifications to 
existing facilities, as defined by the department by rule; and 
.. Certification by department. Projects or activities requiring certification by the 
department under the United States Clean Water Act, 33 United States Code, Section 
1341. 
§580-K. Waivers and qualified measures· 
1. Waiver. The department may, pursuant to rules adopted under this section, waive 
requirements of this chapter for projects or activities, including categories of projects or 
~ activities, that are not likely to suffer undue effects from climate change and: 
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A. Will achieve lifetime net emissions of greenhouse gases that are at least 25% 
lower as compared with other reasonable alternatives to the project or activ'ity; 
B. Will produce rio or minimal greenhouse gas emissions; or 
C. 
For projects or activities involving replacement or maintenance of existing 
infrastructure, will produce no or minimal additional greenhouse gas emissions and 
for which the department finds that there are no· reasonable opportunities to 
significantly reduce emissions. 
2.· Qualified measures. The department shall by rule establish and periodically 
update a list of qualified measures that demonstrably reduce the greenhouse gas 
emissions resulting from projects and activities expected to be subject to the requirements 
of this chapter. . The department may assign general emission reduction values for each 
qualified measure. The department shall by rule provide that a project or activity that 
incorporates qualified measures sufficient to reduce the lifetime net greenhouse gas 
emissions of the project or activity by at least 25% as compared with reasonable 
alternatives qualifies for a waiver under subsection 1, paragraph A. The department shall 
by rule derme "reasonable alternatives" in a manner that ensures such alternatives comply 
with standard business practices and all applicable minimum federal, state and local 
requirements. In developing the list of qualified measures, the department may consider, 
but is not limited to considering, the following measures: 
A. 
Use of energy-efficient designs, such as designs that comply with or are 
equivalent to the United States Environmental Protection Agency's Energy Star 
standards or nationally recognized energy and environmental design rating systems; 
B. Incorporation of active and passive renewable energy systems; 
C. Use of construction materials and practices that result in lower greenhouse gas 
emissions; 
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D. Choice of siting locations or other measures that will reduce transportation-related 
greenhouse gas emissions; 
E. Use of measures related to site clearing or land management, including permanent 
protection of open space, agricultural or forest lands, transferable development rights 
and strategies to promote biological sequestration of carbon; and 
F. Other measures that would reduce lifetime net greenhouse gas emissions from the 
project or activity .. 
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3. Rules. The department shall adopt rules to implement this chapter, including the 
requirements of this section. The department may cooperate with other entities, including 
entities in other jurisdictions, as appropriate, to develop and standardize greenhouse gas 
emission accounting measures. 
Rules> adopted pilrsuant to this> section are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. A-2. 
Rules and report on fees. 
The Department of Environmental 
Protection shall by January 1, 2010 submit to the Legislature provisionally adopted rules 
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under the Maine Revised Statutes, Title 38, section 580-K. The department shall also 
submit at the same time to the Joint Standing Cominittee on Natural Resources a report 
recommending a schedule of reasonable fees to be paid by those entities subj ect to the 
new licensing requirements imposed by Title 38, section 580-J. The proposed fees must 
be sufficient to cover the department's costs in administering the requirements of the law. 
The Joint Standing Committee on Natural Resources may submit a bill relating to the 
subject matter of the department's report to the Second Regular Session of the 124th 
Legislature. 
PART B 
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Sec. B-l. 12 MRSA §682, sub-§2-A, as enacted by PL 2001, c. 431, §2, IS 
amended to read: 
.. A~ > Subdivision. Except as provided in section 682-B, "subdivision" means a 
division of an existing parcel of land located in a protection district or management 
district established pursuant to section 685-A into 3 or more parcels or lots, or the 
division of an existing parcel of land located in a development district established 
pursuant to section 685-A into 3 or more parcels or lots within any 5-year period, whether 
this division is accomplished by platting of the land for immediate or future sale, by sale 
of the land or by leasing. 
The term "subdivision" also includes the division, placement or constmction of a 
structure or structures on a tract or parcel of land located in a protection district or 
management district resulting in 3 or more dwelling units, or the division, placement or 
construction of a structure or structures on a tract> or parcel of land located in a 
development district resulting in 3 or more dwelling units within a 5-year period. 
Sec. B-2. 12 MRSA §685-A, sub-§3, as amended by PL 1995, c. 65, Pt. A, §26 
and affected by § 153 and Pt. C, § 15, is further amended to read: 
3. Land use standards. The commission, acting on principles of sound land use 
planning and development, shall prepare land use> standards prescribing standards for the 
use of air, lands and waters. Except as provided in this chapter, these standards sflalt must 
be adopted by the commission in accordance with the procedures set forth in Title 5, 
chapter 375, subchapterfI~. 
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In addition to the purposes set forth in section 681, the land use standards sflaltmust: 
A. Encourage the most desirable and appropriate use of air, land and water resources 
consistent with the comprehensive land use plan; 
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B. Protect public health by reduction of noise, air pollution, water pollution and other 
environmental intrusions; 
C 
Protect and preserve significant natural, scenic and historic features where 
appropriate, beneficial and consistent with the comprehensive land use plan; 
D. Advise and assist the Department of Transportation and other concerned agencies 
in transportation planning and operation; 
D-l. Provide for safe and appropriate loading, parking and circulation of land, .air 
and water traffic; 
E. Encourage minimal adverse impact of one use upon the use of surrounding areas 
by setting standards of performance describing desirable and acceptable levels of 
operation i~ connection with any use and its relation to surrounding areas, including 
provisions for the eventual amelioration of existing adverse impact; 
F. Reflect a consideration of the availability and capability of the natural resources 
base, including soils, topography or sufficient healthful water supplies; aHd 
G. Regulate, as necessary, motor vehicles as defined in Title 29-A, section 101, 
subsection 42, on icebound hiland lakes that are completely encompassed by 
unorganized territories during the hours from sunset to sunrise of the following day.,:~ 
and 
H. Protect state resources from the harmful effects of climate change by providing 
for attainment of the State's greenhouse gas emission reduction goals as set forth in 
Title 38, section 576. 
Sec. B-3. 12 MR.SA §685-A, sub-§8-A, as enacted by PL 1999, c. 333, § 10, is 
amended to read: 
8-A. Criteria for adoption or amendment of land use district boundaries. A 
land use district boundary may not be adopted or amended unless there is substantial 
evidence that: 
A. 
The proposed land use district is consistent with the standards for district 
boundaries in effect at the time, the comprehensive land use plan and the purpose, 
intent and provisions of this chapter; and 
B. The proposed land use district satisfies a demonstrated need in the community or 
area and has no undue adverse impaCt on existing uses or resources or a new district 
designation is more appropriate for the protection and management of existing uses 
and resources within the.affected area. 
The adoption or amendment of a land use district boundary must be consistent with the 
requirements of Title 38, section 580-1. 
Sec. :8-4. 12 MRSA §685,..B, sub-§4, ~C, as. amended by PC 2007, c.66l, Pt. C, 
§3, is further amended to read: 
C. 
Adequate provision has been made for fitting the proposal harmoniously into the 
existing natural environment in order to assure there will be no undue adverse effect 
on existing uses, scenic character and natural and historic resources in the area likely 
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to be affected by the proposal. In making a detennination under this paragraph 
regarding development to facilitate withdrawal of groundwater, the commission shall 
consider the effects of the proposed withdrawal on waters of the State,as defined by 
Title 38, section 361-A, subsection 7; water-related natural resources; and existing 
uses, inCluding, but not limited to, public or private wells, within the anticipated zone 
of contribution to the withdrawal. 
In making findings under this paragraph, the 
commission shall consider both the direct effects of the proposed withdrawal and its 
effects in combination with existing water withdrawals. 
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, In making a detennination under this paragraph regarding an expedited wind energy 
development, as defined in Title 35-A, section 3451, subsection 4, the commission 
shall consider the development's effects on scenic character.and existing uses related 
to scenic character in accordance with Title 35-A, section 3452;·:. 
In making it detennination under this paragraph regarding development of a 
residential subdivision, the commission shall consider the effects of increased traffic 
on any and all private roads used to access the proposed subdivision or any lot in the 
subdivision regardless of whether the applicant has any legal interest in the access 
roads; 
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Sec. B-S. 23 MRSA §612, as enacted by PL 1975, c. 615, is amended to read: 
§612. Authority of Department of Transportation 
The Department of Transportation is authorized to construct bikeways bicycle and 
pedestrian ways within the existing rights-of-way of any state or state-aid highway. The 
department may also acquire additional rights-of-way adjacent to eJdsting higlnvay rights 
of way for the construction of bike'Nays bicycle and pedestrian ways. Such construction 
and acquisition of rights-of-way shall must be accomplished in the same manner provided 
in this Title for highways. 
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The Department of Transportation shall consider development of bikeways '.vhen 
develonin2' canital imnFOvement nF02'Fams. 
Sec. B-6. 23 MRS A §613 is enacted to read: 
§613. Transportation planning 
The Department of Transportation, the Maine Turnpike Authority and any other state 
agency or political. subdivision of the State responsible for developing transportation 
plans, programs, projects or facilities that are funded with state or federal funds shall: 
1. 
Consideration of options. 
In developing such plans, programs, projects or 
facilities, give full consideration to including appropriate bicycle and pedestrian ways and 
intermodal . connections' linking nonmotorized transit amenities with public transit 
facilities; and 
2. 
Required inclusion. 
Provide bicycle and pedestrian ways and intermodal 
connections, as appropriate to the rural, suburban or urban context except: 
2· 
A. In those locations where the bicyclists or pedestrians are prohibited by law from 
using the roadway; 
B. When doing so is contrary to public safety or would conflict with public rights-of-
way; 
C. When factors indicate an absence of need, including future need for bicycle and 
pedestrian ways and intermodal connections; or 
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D. 
When the documented costs are excessively disproportionate to the need or 
probable use. 
The design and construction of bicycle and pedestrian ways must be consistent with best 
available practices as established by the department by rule. 
Rules adopted by the 
department under this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
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Sec. 8-7. 30-A MRSA §4312, sub-§2,~G, as amended by PL 2001,c. 578, §7, 
is further amended to read: 
G. Encourage the widest possible involvement by the citizens of each municipality in 
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all aspects of the planning and implementation process, in order to ensure that the 
plans developed by municipalities have had the benefit of citizen input; aREl 
Sec. 8-8. 30-A MRS A §4312, sub-§2, ~I, asenacted by PL 2001, c. 578, §8, is· 
amended to read: 
I. 
Encourage the development· and implementation of multimunicipal growth 
management programs.,.; and 
Sec. 8-9. 30-A MRSA §4312, sub-§2, ~J is enacted to read: 
J. Provide for the attainment of the State's greenhouse gas emission reduction goals 
established in Title 38, section 576. 
Sec. 8-10. 30-A MRSA §4312, sub-§3, ~, as enacted by PL 1989, c. 104, Pt. A, 
§45 and enacted by Pt. C, § 1 0, is amended to read: 
L To preserve the State's historic and archeological resources; aREl 
Sec. 8-11. 30-,A MRS A §4312, sub-§3, ';fJ, as enacted by PL 1989, c. 104, Pt. 
A, §45 and enacted by Pt. C, § 1 0, is amen~ed to read:" 
J. To promote and protect the availability of outdoor recreation opportunities for all 
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Maine citizens, including access to surface waters.,.; and 
Sec. 8-12. 30-A MRSA §4312, sub-§3, CUK is enacted to read: 
K. 
To protect· state resources from. climate change by reducing emissions of 
greenhouse gas~s from the transportation and development sectors. 
Sec. B-13. 38 MRS A §480-Q,sub-§2,~, as repealed. and replaced by PL 1995, 
c. 27, §1, is amended to read: 
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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. B-14. 38 MRSA §480-Q, sub-§2-A, as amended by PL 1993, c. 315, §2,.is 
. further amended to read: 
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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 culvert is: 
B. Not more than 25% longer than the culvert being replaced; and 
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 or other aquatic 
organisms in the water course. Replacement culverts and techniques used in installing 
the culverts must achieve natural stream flow. 
Sec. B-15. Road construction practices. The Maine Land Use Regulation 
Commission and the Department of Conservation, Maine Forest Service shall review and 
update their rules, standards, practices and guidelines governing road construction and 
location to reflect current best practices to facilitate fish, aquatic organism' and wildlife 
passage. The Maine Land Use Regulation Commission and the Maine Forest Service 
shall complete the required updates by January 1, 2010, 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 Maine Land Use Regulation Commission or the Maine' 
Forest Service,as appropriate, shall submit provisionally adopted rules with the required 
updates to the Legislature by January 1,2010 .. 
Sec. B-16. 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 that matches up and down stream; and' 
4. Horizontal alignment that matches up and down stream. 
The department shall complete the required amendments by January 1, 2010. 
Sec. B-17. Local and regional planning. The Executive Department, State 
Planning Office shall review and update its rules, standards and guidelines governing 
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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. 
SUMMARY 
Part A of this bill creates the Climate and Energy Planning Act of 2009, which: 
1. 
Requires analysis· of the climate effects on and resulting from state planning 
decisions; 
2. Requires the analysis to be made available for public review and comment; 
. 3. Requires state planning decisions to be consistent with the State's greenhouse gas 
emission reduction goals as established in the Maine Revised Statutes, Title 38, section 
576; 
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4. Requires that after adoption of relevant major substantive rules by the Department 
of Environmental Protection the department undertake the same analysis and ensure the 
same consistency with the State's greenhouse gas emission goals when evaluating 
applications for and issuing licenses, permits or other approvals for developments or 
subdivisions subject to Title 38, section 483-A, waste discharges subject to Title 38, 
section 413, air emissions subject to Title 38, section 590 and discharges subject to state 
certification under the federal Clean Water Act, 33 United States Code, Section 1341. 
The department is directed to propose to the Legislature a fee schedule to cover its costs 
in administering this requirement; and 
5. 
Allows the department to establish waivers from the otherwise applicable 
requirements of the Climate and Energy Planning Act of 2009 and requires the 
department to establish a Jist of qualified greenhouse gas 'emission reduction measures 
that demonstrably reduce the greenhouse gas ~missions resulting from projects and 
activities expected to be subject to the requirements ofthe Act. 
Part B of this bill: 
1. Adds attainment of the state greenhouse gas er.nission reduction goals set out in 
the Maine Revised Statutes, Title 38, section 576 to the purposes and goals of the 'growth 
management program; 
2. Adds attainment of the state greenhouse gas emission reduction goals set out in 
Title 38, section 576 to the purposes of the laws governing the Maine Land Use 
Regulation Commission' and requires that development and amendment of land use 
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districts and standards be consistent with the Climate and Energy Planning Act of 2009. 
It also requires the commission to review the effects of increased traffic on private roads' 
when reviewing permit applications for developments of residential subdivisiqns. It also 
Page II - 124LROS70(Ol)-1 
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amends the definition of "subdivision" in management districts and protection districts in 
the unorganized townships; 
3. 
Amends' the Natural Resources Protection Act permit exception for the 
maintenance and repair of stream crossings to ensure the activities eligible for the. 
exception achieve natural stream flows and provide for the passage of aquatic organisms. 
It also limits the Natural Resources Protection Act pemut exception for the maintenance 
and repair of existing road culverts in protected natural resource areas to ensure that 
. natural stream flows are achieved and the passage of aquatic organisms is not blocked; 
4. 
Authorizes the Department of Transportation to acquire rights-of-way for 
construction of bicycle and pedestrian ways that are not adjacent to existing highway 
rights-of-way. 
In addition, it requires state,. regional and local decisions regarding 
transportation plmming, projects and facilities to include full consideration of bicycle and 
pedestrian ways .and intermodal cOlmections to public transit systems' and requires that the 
final plans, projects and facilities include bicycle and pedestrian ways and intermodal 
connections as appropriate, unless there is no need for such ways or connections or they 
would conflict with public safety or involve excessive costs; 
5. Requires the Maine Land Use Regulation Commission and the Department of 
Conservation, Maine Forest Service to review and update their rules, standards, practices' 
and guidelines for road.construction to reflect current best practices to facilitate passage 
of aquatic and terrestrial organisms; 
6. Requires the Department of Environmental Protection to amend its rules, Chapter 
305, Permit by Rule, to require municipalities to achieve natural stream flow and 
facilitate passage of aquatic organisms whe11 repairing or maintaining roads and stream 
crossings; and 
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7. Requires the Executive Department, State Planning Office to 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.