An Act Regarding Greenhouse Gas Emissions and Reductions Associated with Significant Development Projects
Maine Legislature, Session 130, LD 1545
Committee: Environment and Natural Resources
Sponsors: FAY, GROHOSKI, LANDRY, ZEIGLER, BLACK
Amends: 38 MRSA §481, 38 MRSA §484, 38 MRSA §484-C, 38 MRSA §489-E

Legislative Document
No. 1545
H.P. 1150
House of Representatives, April 22, 2021
An Act Regarding Greenhouse Gas Emissions and Reductions 
Associated with Significant Development Projects
(EMERGENCY)
Received by the Clerk of the House on April 20, 2021.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FAY of Raymond.
Cosponsored by Representatives: GROHOSKI of Ellsworth, LANDRY of Farmington, 
ZEIGLER of Montville, Senator: BLACK of Franklin.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, major developments in the State can result in greenhouse gas emissions; 
and
Whereas, the State has set greenhouse gas emissions reduction goals and there is a 
need to immediately incorporate the consideration of greenhouse gas emissions in 
permitting decisions in order to meet those goals; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §481, as amended by PL 1999, c. 468, §5, is further amended by 
adding after the 2nd paragraph a new paragraph to read:
The Legislature further finds that many developments because of their size and nature 
are capable of causing significant greenhouse gas emissions and that measures must be 
taken to minimize such emissions if the State is to achieve its greenhouse gas emissions 
reduction goals under section 576-A.
Sec. 2.  38 MRSA §484, sub-§11 is enacted to read:
11.  Greenhouse gas emissions.  If required pursuant to section 484-C, the developer will 
implement the measures necessary to minimize the greenhouse gas emissions associated with the 
development.
Sec. 3.  38 MRSA §484-C is enacted to read:
§484-C.  Greenhouse gas emissions reductions
1. Developer requirements.  If a proposed development is within a category of 
development types that are subject to the requirements of this article and that the 
department has determined by rule adopted pursuant to subsection 3 are likely to result in 
greenhouse gas emissions, the developer must submit a report to the department that:
A. Identifies all sources of greenhouse gas emissions associated with the proposed 
development; and
B.  In accordance with the rules adopted by the department pursuant to subsection 3, 
describes the measures that the developer proposes to implement to minimize the 
greenhouse gas emissions associated with the proposed development.
2. Requirement to demonstrate stated greenhouse gas emissions reductions 
associated with proposed development.  If a proposed development is within a category 
of development types that are subject to the requirements of this article and the developer 
as part of the developer's development proposal states the development will result in 
greenhouse gas emissions reductions, the developer must demonstrate to the department's 
satisfaction and with quantifiable data how the proposed development will reduce 
greenhouse emissions. If the department finds the developer has not demonstrated that the 
proposed development will result in greenhouse gas emissions reductions, the department 
may not consider the benefits of greenhouse gas emissions reductions in evaluating the 
impact of the proposed development.
3. Rules.  The department shall adopt rules that identify the categories of development 
types that are subject to the requirements of this article and that are likely to result in 
greenhouse gas emissions.  The rules must also specify the measures a developer must 
implement to minimize the greenhouse gas emissions associated with a proposed 
development as well as any additional standards for development determined necessary by 
the department to assist the State in achieving the greenhouse gas emissions reductions 
levels established in section 576-A.  The rules must also specify how the department will 
evaluate proposed developments in which the developer states the project will result in 
greenhouse gas emissions reductions.  Rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 4.  38 MRSA §489-E, as repealed and replaced by PL 2011, c. 359, §4, is 
amended to read:
§489-E.  Rulemaking
Rules adopted by the department pursuant to this article are routine technical rules 
except that rules adopted by the department after January 1, 2010 pursuant to section 484, 
subsections 1, 3, 4, 4-A, 5, 6 and 7 and rules adopted pursuant to section 484-C are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires the Department of Environmental Protection to provisionally adopt 
major substantive rules that:
1.  Identify the types of development under the site location of development laws that 
would require a developer to submit a report to the department if the proposed development 
would result in greenhouse gas emissions;
2.  Specify measures a developer must take in order to minimize greenhouse gas 
emissions; 
3.  Consider additional standards that are necessary for developments that result in 
greenhouse gas emissions in order to meet greenhouse gas emissions reduction goals; and
4. Specify how the department will evaluate proposed developments in which the 
developer states the project will result in greenhouse gas emissions reductions.
This bill also requires a developer of a proposed development identified in rules to 
submit a report to the department if the proposed development would result in greenhouse 
gas emissions. The report must include the source of the greenhouse gas emissions and the 
measures the developer would take to reduce greenhouse gas emissions.
Lastly, this bill requires a developer to demonstrate to the department’s satisfaction and 
with quantifiable data how a proposed development will result in the reduction of 
greenhouse gas emissions, if the developer of that project states as part of its development 
proposal that the project will result in the reduction of greenhouse gas emissions. It 
specifies that if the department finds the developer has not demonstrated that the proposed 
development will result in greenhouse gas emissions reductions, the department may not 
consider the benefits of greenhouse gas emissions reductions in evaluating the impact of 
the proposed development.