An Act To Require State Agencies To Use Renewable and Sustainable Energy and Reduce Greenhouse Gas Emissions
Maine Legislature, Session 129, LD 2055
Committee: State and Local Government
Sponsors: LIBBY, MARTIN, CLAXTON, DESCHAMBAULT, VITELLI, BERRY
Amends: 5 MRSA §1770-A

Legislative Document
No. 2055
S.P. 728
In Senate, January 16, 2020
An Act To Require State Agencies To Use Renewable and 
Sustainable Energy and Reduce Greenhouse Gas Emissions
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative MARTIN of Sinclair and
Senators: CLAXTON of Androscoggin, DESCHAMBAULT of York, VITELLI of Sagadahoc, 
Representative: BERRY of Bowdoinham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §1770-A is enacted to read:
§1770-A.  Renewable and sustainable energy use and greenhouse gas emissions 
reduction
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Environmentally preferable products and services" means products and services 
that, when compared with other similar products or services, as applicable, contain 
recycled materials, conserve energy or water, minimize waste and packaging, are less 
toxic or hazardous, reduce the generation, release or disposal of toxic substances, 
protect open spaces or otherwise lessen the impact of such products or services on 
public health and the environment.
B.  "Sustainability coordinator" means a person designated by a state agency to 
oversee that agency's work to implement the renewable and sustainable energy use 
and greenhouse gas emissions reduction targets and timelines established pursuant to 
subsection 2.
2.  Renewable and sustainable energy use and greenhouse gas emissions 
reduction timelines and targets.  The Governor's Energy Office, the Governor's Office 
of Policy Innovation and the Future and representatives from the Department of 
Environmental Protection, Efficiency Maine Trust, Department of Administrative and 
Financial Services and Department of Transportation shall establish, by February 1, 2021, 
renewable and sustainable energy use and greenhouse gas emissions reduction targets and 
timelines for all state operations.  Solar panels or similar solar technologies must be 
considered and included as a method to achieve the targets and timelines whenever 
possible. The Governor's Energy Office shall post the targets and timelines on its publicly 
accessible website.
3.  State agency sustainability coordinators.  Each state agency shall designate a 
sustainability coordinator and may establish internal sustainability teams.
4.  Leadership team.  The sustainability coordinators designated under subsection 3 
by the Governor's Energy Office, Governor's Office of Policy Innovation and the Future, 
Department of Environmental Protection, Efficiency Maine Trust, Department of 
Administrative and Financial Services and Department of Transportation compose the 
leadership team and shall meet regularly to track the progress in meeting the renewable 
and sustainable energy use and greenhouse gas emissions reduction targets and timelines 
and to identify, develop and implement additional requirements to improve consistency 
and cost efficiencies in the targets and timelines.  The Governor's Office of Policy 
Innovation and the Future and the Governor's Energy Office sustainability coordinators 
shall facilitate and support the work of the leadership team.
5.  Agency sustainability coordinators to work with leadership team.  An 
agency's sustainability coordinator shall act as the agency's liaison with the leadership 
team under subsection 4.  An agency's sustainability coordinator shall develop and 
implement a plan for the agency to meet or exceed the renewable and sustainable energy 
use and greenhouse gas emissions reduction targets and timelines established pursuant to 
subsection 2.  In developing the plan, the sustainability coordinator shall consider policies 
including, but not limited to:
A.  Installing solar panels or similar solar technologies on existing public buildings;
B.  Prioritizing energy and fuel efficiency when upgrading building systems, 
appliances and vehicle fleets;
C.  Installing renewable and sustainable energy generation and energy storage on 
state property or procuring energy from low-carbon sources;
D.  Promoting use of electric vehicles and installation of electric vehicle charging 
stations on state property; and
E.  Reducing employees' vehicle mileage by encouraging video conferencing; 
telework options; and commuting by carpool, public transit, bike and foot and by 
offering preferred parking, bike storage and other incentives to encourage these 
options.
6.  Program.  The Governor's Energy Office shall coordinate with the Efficiency 
Maine Trust to create a program to promote and fund projects that reduce greenhouse gas 
emissions and costs or increase low-carbon energy adoption and efficiency, including 
solar panels or similar solar technologies.
7.  Capitol Planning Commission master plan.  The Department of Administrative 
and Financial Services shall update the master plan developed by the Capitol Planning 
Commission pursuant to section 299 to implement the renewable and sustainable energy 
use and greenhouse gas emissions reduction targets and timelines established in 
subsection 2.
8.  Biennial report.  Every 2 years, the leadership team under subsection 4 shall 
submit a written report to the Governor and the Legislature that includes, for all state 
agencies and operations, the annual energy use, energy sources, greenhouse gas emissions 
and progress on the renewable and sustainable energy use and greenhouse gas emissions 
reduction targets and timelines established in subsection 2.  Each state agency shall post 
the report on the agency's publicly accessible website.
9.  Procurement.  Notwithstanding any provision of law to the contrary, all state 
agencies shall procure environmentally preferable products and services whenever such 
environmentally preferable products and services are readily available, perform to 
satisfactory standards and represent best value to the State.  Agencies shall consider the 
total cost of ownership of products and services, including all costs associated with the 
production, purchase, transportation, use, operation and disposal of such products or 
services.  Agencies shall consider environmentally preferable products and services 
sourced in the State when total costs are competitive.
10.  Waste management.  Notwithstanding any provision of law to the contrary, all 
state agencies shall encourage practices that lead to healthier and less wasteful 
workplaces.  Such practices may include, but not be limited to, improving recycling and 
composting, reducing use of plastic, foam and single-use products and providing 
information to state employees about reducing their workplace carbon footprints and 
reducing solid waste in the workplace.  Annual recognition may be awarded to agencies, 
projects or employees that are leading by example.
11.  New facility siting and designing.  State agencies shall account for climate 
change projections, including, but not limited to, sea level rise and increased precipitation 
and temperature, when siting and designing new state facilities and other construction 
projects. When procuring leased space, state agencies shall make every available effort to 
increase the resiliency of these facilities and infrastructure. Agencies shall consider 
continuity of operations and resilience in building system design for critical facilities.
SUMMARY
This bill requires renewable and sustainable energy use and greenhouse gas emissions 
reduction targets and timelines to be established for state agencies by February 1, 2021.  
Solar panels or similar solar technologies must be considered and included as a method to 
achieve the targets and timelines as appropriate.  The bill requires the Governor's Energy 
Office, the Governor's Office of Policy Innovation and the Future, the Department of 
Environmental Protection, the Efficiency Maine Trust, the Department of Administrative 
and Financial Services and the Department of Transportation to work together to establish 
these targets and timelines and to submit a biennial progress report to the Governor and 
the Legislature.  Each of these offices and departments, and each other state agency, must 
designate a sustainability coordinator.  The sustainability coordinator is responsible to 
develop and implement a plan for the agency to meet or exceed the targets and timelines.  
State agencies are required to procure environmentally preferable products and services 
as long as certain conditions are met.  State agencies are encouraged to adopt and 
implement practices to decrease waste in the workplace.  State agencies are required to 
account for climate change when siting or designing new state facilities or other 
construction projects.