Resolve, To Require the State's Mitigation Plan under the Volkswagen Mitigation Trust Agreement To Include the Use of Maine-generated Nonfossil Fuel Sources
Maine Legislature, Session 128, LD 1003
Committee: Judiciary
Sponsors: RYKERSON, MIRAMANT, BERRY, CHAPMAN, COOPER, HARLOW, SCHNECK, SYLVESTER, GRATWICK

Legislative Document
No. 1003
H.P. 704
House of Representatives, March 14, 2017
Resolve, To Require the State's Mitigation Plan under the 
Volkswagen Mitigation Trust Agreement To Include the Use of 
Maine-generated Nonfossil Fuel Sources
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative RYKERSON of Kittery.
Cosponsored by Senator MIRAMANT of Knox and
Representatives: BERRY of Bowdoinham, CHAPMAN of Brooksville, COOPER of 
Yarmouth, DeCHANT of Bath, HARLOW of Portland, SCHNECK of Bangor, SYLVESTER 
of Portland, Senator: GRATWICK of Penobscot.
Whereas, on October 25, 2016, the U.S. District Court for the Northern District of 
California approved the Volkswagen Partial Consent Decree between plaintiffs United 
States Environmental Protection Agency and the State of California and defendants 
Volkswagen AG, Audi AG, Volkswagen Group of America, Inc., and Volkswagen Group 
of America Chattanooga Operations, LLC, referred to in this preamble as "Volkswagen," 
to settle a complaint alleging violations of the federal Clean Air Act related to the 
operation of certain noncompliant Volkswagen and Audi diesel vehicles; and 
Whereas, Volkswagen admitted that software in certain Volkswagen diesel vehicles 
enables the vehicles' emission control module to operate emission control systems when 
undergoing emission testing but to render the emission control systems inoperative when 
not undergoing emission testing, resulting in emissions that exceed federal levels for 
nitrogen oxides when the vehicles are driven on the road; and 
Whereas, to fully mitigate the total lifetime excess nitrogen oxide emissions from 
certain noncompliant Volkswagen and Audi diesel vehicles, Volkswagen agreed to pay 
funds into the Volkswagen environmental mitigation trust to fund eligible mitigation 
actions within the United States and its territories; and 
Whereas, there are many noncompliant Volkswagen and Audi diesel vehicles 
registered in the State; and 
Whereas, in accordance with the terms of the Volkswagen Partial Consent Decree, 
the State may seek a portion of the Volkswagen environmental mitigation trust to fund 
specific eligible mitigation actions to mitigate the lifetime excess nitrogen oxide 
emissions in the State from the noncompliant Volkswagen and Audi diesel vehicles; and 
Whereas, it is the intention of the State to elect to become confirmed as a 
Volkswagen environmental mitigation trust fund beneficiary by timely filing of the 
necessary certifications; and 
Whereas, upon the trustee of the environmental mitigation trust confirming the 
State as a beneficiary under the Volkswagen Partial Consent Decree, the State will 
prepare and submit to the trustee the required beneficiary mitigation plan, which will 
describe the measures that the State intends to fund with the Volkswagen environmental 
mitigation trust proceeds, and will request funds from the trustee for specific eligible 
mitigation actions; now, therefore, be it 
Sec. 1.  Inclusion in the beneficiary mitigation plan.  Resolved:  That, in 
order to benefit the public at large, improve the air quality of the State and maximize the 
economic benefits to the State the beneficiary mitigation plan developed by the State to 
mitigate the lifetime nitrogen oxide emissions from noncompliant Volkswagen and Audi 
diesel vehicles must, to the extent possible, include the use of Maine-generated nonfossil 
fuel sources. 
SUMMARY 
This resolve requires that the beneficiary mitigation plan developed by the State to 
mitigate the lifetime nitrogen oxide emissions from noncompliant Volkswagen and Audi 
diesel vehicles must, to the extent possible, include the use of Maine-generated nonfossil 
fuel sources.