An Act To Amend the Site Location of Development Laws To Include Consideration of Greenhouse Gas Emissions
Maine Legislature, Session 124, LD 0891
Committee: Natural Resources
Sponsors: MacDONALD
Amends: 38 MRSA §484

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLATU 
FIRSl' REGULAK SESSlor~-2009 
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Legislative Document 
No. 891 
S.P.341 
In Senate, March 5, 2009 
An Act To Amend the Site Location of Development Laws To 
Include Consideration of Greenhouse Gas Emissions 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator'GOODALL of Sagadahoc. 
Cosponsored by Representative: MacDONALD of Boothbay. 
.Printed on recycled pilper 
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JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §484, sub-§l1 is enacted to read: 
. 
.. Greenhouse gas emissions. The proposed development will 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 location, design, 
construction and operation of the development, including, but not limited to,-land use, 
transportation, building materials, building energy usage, energy conservation policies 
and actions, and solid waste. 
. Sec. 2. 38 MRS A §489-E is enacted to read: 
. 10 
§489-E. Greenhouse gas emissions mitigation 
1. Mitigation. In determining, pursuant to section 484, subsection 11, whether a 
development 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 emissions of greenhouse gases include the design, 
implementation and maintenance of a greenhouse gas offset compensation project or may 
allow the applicant to pay a greenhouse gas compensation fee. 
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 paI1 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 established 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. 
SUMMARY 
This biII adds a new standard to the laws governing site location of development to 
. allow the Department of Environmental Protection to review and consider the greenhouse 
gas emissions likely to occur as a result of the project. 
The bill also provides a related 
provision concerning mitigation. 
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