An Act To Amend the Site Location of Development Laws To Include Consideration of Greenhouse Gas Emissions
Maine Legislature, Session 124, LD 0891
Committee Amendment CA_A-SA_B_S475 (Senate)

SENATE AMENDMENT "8,, to 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 amendment by striking out the substitute title and replacing it with the 
following: 
'Resolve, To Develop Practices for Developments of State and Regional Significance 
in Order To Reduce Dependency on Fossil Fuels and Meet the State's Greenhouse 
Gas Emissions Reduction Goals' 
Amend the amendment by striking out all sections 1 to 5 and insel1ing the following: 
'Sec. 1. 
Energy-efficient and carbon-efficient building practices. 
Resolved: That the Depm1ment of Environmental Protection, referred to in this resolve 
as "the depm1ment," in consultation with the Efficiency Maine Trust Board and technical 
experts in the field of energy efficiency and other interested parties, shall identify 
alternative approaches fi'om existing sources and provide recommendations regarding 
ways to ensure that the design and operation of developments, but excluding industrial 
and manufacturing processes and equipment contained within these developments, further 
the state climate action plan by minimizing overall energy use and dependence on fossil 
fuels, avoid or minimize emissions of greenhouse gases while considering mitigation and 
maximize energy efficiency. These practices must be evaluated for developments subject 
to the jurisdiction of the site location of development laws set forth in the Maine Revised 
Statutes, Title 38, chapter 3, subchapter 1, article 6. By January 1, 2011, the department 
shall submit a repOl1 on the recommended practices to the joint standing committee of the 
Legislature havingjurisdiction over natural resources matters; and be it fllI1her 
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 depm1ment, in 
consultation with the Executive Depm1ment, State Planning Office, the Depar1ment of 
Transportation, technical expel1s in architecture, transportation and site development and 
other interested pm1ies, 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 
development laws in the Maine Revised Statutes, Title 38, chapter 3, subchapter 1, m1icle 
SENATE AMENDMENT 
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SENATEAMENDMENT"~"to COMMITTEE AMENDMENT "A" to S.P. 341, L.D. 891 
that will contribute to minimizing or avoiding the emission of greenhouse gases and 
maximizing energy efficiency and reducing dependence on fossil fuels. By January 1, 
2011, the department shall report on the development of the best management practices to 
the joint standing committee of the Legislature having jurisdiction over natural resources 
matters; and be it fUIiher 
Sec. 3. 
Evaluation of current energy-efficient 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 Depaliment 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, Green Building Initiative's "Green Globes" and Energy Star 
and the Home Energy Rating System established by the United States Department of 
Energy and the United States Environmental Protection Agency. The department shall 
evaluate and make recommendations 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 that are designed and operated to those 
benchmarking systems will further the state climate action plan, minimize overall energy 
use and dependence on fossil fuels, reduce or avoid emissions of greenhouse gases and 
maximize energy efficiency. 
The department's report must consider how any 
recommended practices relate to existing requirements in the Maine Uniform Building 
and Energy Code. Nothing in the department's recommendations may require changes to 
the Maine Uniform Building and Energy Code; and be it furthet' 
Sec. 4. Reporting of energy-efficient and carbon-efficient development 
practices. Resolved: That the Maine Land Use Regulation Commission shall, within 
existing resources, identifY alternative approaches and provide recommendations 
regarding ways to ensure that the design, construction and operation of future 
development further the state climate action plan by minimizing overall energy use and 
dependence on fossil fuels, avoid or minimize emissions of greenhouse gases while 
considering mitigation 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.' 
SUMMARY 
This amendment requires the Department of Environmental Protection to determine 
whether a set of practices for the design and operation of development can achieve 
carbon-efficient emissions, taking into consideration mitigation efforts, and directs the 
department to report to the joint standing committee of the Legislature having jurisdiction 
over natural resources matters. This amendment also alters language requiring the Maine 
Land Use Regulation Commission to identifY alternative approaches to reduce 
SENATE AMENDMENT 
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SENATE AMENDMENT =boo to COMMITTEE AMENDMENT "A" to S.P. 341, L.D. 891 
greenhouse gas emissions and maximize energy efficiency to remove reference to the 
comprehensive land use plan. This amendment also removes authority for the joint 
standing committee of the Legislature having jurisdiction over natural resources matters 
to submit a bill to the First Regular Session of the 125th Legislature and the joint standing 
committee of the Legislatu~laving jUljsdiction over,Jagriculture, conservation and 
forestry matters to submit p:15"illl!? tlJe Se¢/1d Regular S91sion oVt;he 125th Legislature. 
SPONSORED BY: 
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(Senator GOOD 
COUNTY: Saga-~' 
SENATE AMENDMENT