An Act To Prevent Increased Heating Fuel, Natural Gas, Gasoline and Diesel Fuel Pricing in Maine by Prohibiting Adoption of Rules Limiting Greenhouse Gas Emissions
Maine Legislature, Session 130, LD 1498
Committee: Environment and Natural Resources
Sponsors: STETKIS, GRIGNON, MASON, MORRIS, PERKINS, RUDNICKI, THORNE, WHITE
Amends: 38 MRSA §576-A

Legislative Document
No. 1498
H.P. 1108
House of Representatives, April 14, 2021
An Act To Prevent Increased Heating Fuel, Natural Gas, Gasoline 
and Diesel Fuel Pricing in Maine by Prohibiting Adoption of Rules 
Limiting Greenhouse Gas Emissions
Received by the Clerk of the House on April 12, 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 STETKIS of Canaan.
Cosponsored by Representatives: GRIGNON of Athens, MASON of Lisbon, MORRIS of 
Turner, PERKINS of Oakland, RUDNICKI of Fairfield, THORNE of Carmel, WHITE of Mars 
Hill.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §576-A, sub-§4, as enacted by PL 2019, c. 476, §7, is amended 
to read:
4.  Monitoring, reporting and compliance rules.  By July 1, 2021 2022, the 
department shall adopt rules to track and report to the Legislature on gross annual 
greenhouse gas emissions and net annual greenhouse gas emissions.
Notwithstanding any provision of section 341‑H to the contrary, by September 1, 2021 
2022, the board shall adopt rules to ensure compliance with the levels established by 
subsections 1 to 3 which that:
A.  Must be consistent with the climate action plan, as updated pursuant to section 577, 
subsection 1;
B.  Must prioritize greenhouse gas emissions reductions by sectors that are the most 
significant sources of greenhouse gas emissions, as identified by the United States 
Energy Information Administration and in the department's biennial reports submitted 
under section 578, taking into account gross greenhouse gas emissions reductions 
achieved by each sector since 1990 measured as a percentage of statewide gross 
greenhouse gas emissions and taking into account the cost-effectiveness of future gross 
greenhouse gas emissions reductions by each sector;
C.  Must be fair and equitable and account for and give significant weight to greenhouse 
gas emissions reductions already achieved by various sectors; and
D.  May establish a mechanism for crediting voluntary measures that quantifiably and 
reliably sequester additional carbon in forests, farms and coastal lands in the State or 
by the use of materials that sequester additional carbon that prioritizes sequestration 
that offsets Maine-generated emissions.
The Department of Transportation, after consultation with the department, may adopt rules 
as necessary to ensure compliance with the levels established by subsections 1 to 3.
Rules adopted pursuant to this subsection are routine technical major substantive rules as 
defined in Title 5, chapter 375, subchapter 2‑A.
Sec. 2.  38 MRSA §576-A, sub-§5 is enacted to read:
5.  Exclusions.  Notwithstanding subsection 4, the board, the department or the 
Department of Transportation may not adopt a rule that:
A.  Increases the cost of heating fuel, natural gas, gasoline or diesel fuel by issuing 
permits to limit the amount of these fuels sold in the State in order to limit greenhouse 
gas emissions;
B.  Increases the cost of heating fuel, natural gas, gasoline or diesel fuel by imposing a 
tax or requiring a permitting fee to reduce greenhouse gas emissions that is based on 
the carbon emissions of these fuels;
C.  Increases the cost of heating fuel, natural gas, gasoline or diesel fuel by imposing a 
tax or requiring a permitting fee to reduce greenhouse gas emissions that is based on 
the carbon emissions of carbon-based fuels as part of a rebate or dividend program; or
D.  Causes the State to join a multistate consortium or coalition that requires the State 
to implement a policy under paragraph A, B or C as a condition of membership.
A proposal to implement by legislation a policy described under paragraph A, B or C may 
not become law without the Senate and House of Representatives approving legislation 
both adopting that policy and joining a multistate consortium or coalition described under 
paragraph D.
SUMMARY
This bill makes the rules adopted by the Board of Environmental Protection, the 
Department of Environmental Protection and the Department of Transportation to limit 
greenhouse gas emissions major substantive rules.  It prohibits the adoption by the Board 
of Environmental Protection, the Department of Environmental Protection or the 
Department of Transportation of a rule that limits the amount of heating fuel, natural gas, 
gasoline or diesel fuel sold to limit greenhouse gas emissions, that imposes a tax or requires 
a permitting fee to reduce greenhouse gas emissions, including a tax or permitting fee that 
is based on the carbon emissions of any carbon-based fuels as part of a rebate or dividend 
program, or that causes the State to join a multistate consortium or coalition that requires 
the State to implement either of those policies as a condition of membership.  It also 
requires that a proposal to implement by legislation a policy limiting the sale of gasoline 
or diesel fuel to limit greenhouse gas emissions or imposing a tax or permitting fee to 
reduce greenhouse gas emissions may not become law without the Senate and House of 
Representatives approving legislation both adopting the policy and joining a multistate 
consortium or coalition.  It also requires that any carbon sequestration policy prioritize the 
offset of Maine-generated emissions.