An Act to Reduce
Maine Legislature, Session 132, LD 1138
Committee Amendment CA_A_S331 (Senate)
Amends: 23 MRSA §710, 38 MRSA §576-A

COMMITTEE AMENDMENT " A'' to S.P. 469, L.D. 1138, "An Act to Reduce 
Pollution Associated with Transportation in Alignment with the State's Climate Action 
Plan" 
Amend the bill by striking out eve1ything afte1· the enacting clause and insetting the 
following: 
'Sec. 1. 23 MRSA §710 is enacted to read: 
§710, Greenhouse gas emissions assessment and mitigation for capacity exuansioil 
projects 
1. Definitions. As used in this section, unless the context otherwise fodicates, the 
following terms have the following meanings. 
A. "Authority" has the same meaning as in section 1964, subsection 2. 
B. "Capacity expansion proiect" or "projecf' means a transportation project under the 
iul'isdiction of the department or the authority that expands roadway capacity, 
including, but not limited to, the construction of a new roadway, a rnadway widening 
project or a project that establishes grade separation at an intersection, excluding 
auxiliary lanes with a length of less than 2,500 feet. 
C. "Depa11ment" means the Depa1tment of Transportation. 
D. "Greenhouse gas" has the same meaning as in Title 38, section 574. subsection l. 
E. "Induced demand" means an increase in demand for vehicle travel demonstrated by 
an increase in vehicle miles traveled due to an increase in rnadway supply, including, 
but not limited to. new or expanded roads, additional vehicle capacity or additional 
lane miles. 
2. Impact assessment. Beginning July 1, 2026, prior to inclusion of a capacity 
expansion proiect in a transp01iation improvement program, work plan or long-range 
tl'anspo1iation plan of the depat'tment or the authority, the department or the authority, as 
Page I - 132LR1886(02) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" .ft-" to S.P. 469, L.D. I I 38 (!:;,,. ~ 'S 0 
applicable, shall complete an impact assessment of the project in accordance with this 
subsection. 
A. The department and the authority shall each establish a process for completing 
impact assessments required by this subsection, which must be designed to allow a 
determination as to whether the capacity expansion project is consistent with the 
transpo1tation-related targets in the climate action plan under Title 3 8, section 577 and 
results in a neutral impact or net reduction impact or net reduction in annual greenhouse 
gas emissions and per capita vehicle miles traveled. The impact assessment must, at a 
minimum, include proiections for: 
(1) Greenhouse gas emissions associated with the capacity expansion project over 
a 20-year period; 
(2) Net change in vehicle miles trnveled for the affected transportation network as 
a result of the capacity expansion prolect, informed by travel demand modeling, 
induced demand modeling and, consistent with the United States Environmental 
Protection Agency's motor vehicle emission simulator, air quality monitoring: and 
(3) The direct impacts and induced demand impacts of the capacity expansion 
nroject on vehicle miles traveled for the affected transportation network as a result 
of the proiect. 
In establishing an impact assessment prncess under this paragraph, the depa1tment and 
the authority shall each solicit input from stakeholders. Eve1y 2 years following the 
initial establishment of an impact assessment process, the department and the authority 
shall each review its established process and, following solicitation of stakeholder 
input, implement necessa1y changes. 
B. Following completion of an impact assessment for a capacity expansion project in 
accordance with the process established pursuant to paragraph A, the department or the 
authority, as applicable, shall: 
(I) Proceed with the proiect as proposed if, through the impact assessment, the 
department or the authol'ity determines that the project does not increase annual 
greenhouse gas emissions or per capita vehicle miles traveled: or 
(2) If, through the impact assessment, the department or authority detem1ines that 
the project increases annual greenhouse gas emissions or per capita vehicle miles 
traveled: 
(a) Alter the scope or design of the project to ensure a neutral impact or net 
decrease in annual greenhouse gas emissions and per capita vehicle miles 
traveled and complete a new impact assessment for the modified project; 
(b) Incorporate sufficie11t mitigation measures into the project in accordance 
with subsection 3: or 
(c) Halt project development and ensure that the prnject is not included in a 
transportation improvement program, work plan 01· long-range transpo1tation 
plan of the depattment or the authority, as applicable. 
3. Mitigation measures. If the depa1tme11t or the authority completes an impact 
assessment for a capacity expansion project in accordance with subsection 2 and, through 
that assessment, determines that the project increases annual greenhouse gas emissions or 
COMMITTEE AMENDMENT 
COMMl'ITEEAMENDMENT" J\ "toS.P. 469, L.D. 1138 ('5..-~ '3~ 
per capita vehicle miles traveled as identified in subsection 2, paragraph A, the department 
or the authority may proceed with the project through incorporation of sufficient mitigation 
measures in accordance with this subsection, 
A. For the purposes of this section. "mitigation measure" or "measure" means a project, 
program or operations modification that involves one 01· more of the following 
measures: 
(1) Transit expansion, including, but not limited to, expansion ofregular route bus 
trnnsit. aiterial or highway bus rapid transit. mil transit or intercity passenger rail 
transit: 
(2) Trnnsit service improvements, including, but not limited to, increased service 
level. tt'ansit fare reduction or transit priority treatment: 
(3) Expansion of active transportation infrastrncture: 
( 4) Expansion of micromobility infrastructure and service, including. but not 
limited to, shared vehicle services: 
(5) Expansion of transportation demand management measures, including, but not 
limited to, vanpool or shared vehicle progrnms: 
(6) Parking management measures, including, but not limited to, parking cost 
adjustments or reduction or elimination of parking requirements: 
(7) Land use measures. including. but not limited to, increases in residential 
housing or other housing density, mixed use development or transit-ol'iented 
development: 
(8) Infrastmcture improvements relating to trnffic operations, including. but not 
limited to, roundabouts or reduced-conflict intersections: and 
(9) Congestion pricing or tolling measures. 
B. A mitigation measure implemented with respect to a capacity expansion project by 
the depaitment or the authority. as applicable. is sufficient for the purposes of this 
subsection if: 
(1) The measure is specifically incorporated into the capacity expansion project 
and the funding sources necessary for the implementation of the measure are 
specifically identified in and committed to the prnject: 
(2) The total greenhouse gas emissions associated with the project and net change 
in vehicle miles traveled for the affected transp01tation network as a result of the 
project, after accounting for emissions and vehicle miles traveled l'eductions 
achieved through the incorpornted mitigation measures, as determined by the 
depa1tment or the authority, as applicable, result in a neutral impact ol' a net 
reduction in total greenhouse gas emissions and per capita vehicle miles traveled; 
(3) The incorporated measure is localized in accordance with paragraph C: and 
(4) The project includes provisions to ensure that the measures are implemented 
in substantially the same form as incorpornted or in a revised form that still allows 
the project to satisfy the requirements of subpamgraph (2), 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ~" to S.P.469, L.D.1138('7--;) n 
C. A mitigation measure to be incorporated into a capacity expansion project is 
considered localized if implemented based on the following order of priority: 
(1) The measure must be implemented within or associated with at least one 
community affected by the prnject; 
(2) If there is no location that satisfies subparagl'aph (1), the measure 111ust be 
implemented within or associated with an underserved community in the State, as 
determined by the department 01· the authority. as applicable. based on available 
federal or state data: 
(3) lfthere is no location that satisfies subparagraph (l) or (2), the measure must 
be implemented within or associated with the metropolitan planning organization 
region in which the project is located: and 
( 4) If there is no location that satisfies subparngraph (1 ), (2) or (3), the measure 
may be implemented at any location in the State or on a statewide basis, as 
determined by the department or the authority, as applicable. If the depa1iment or 
the authority localizes a mitigation measure pmsuant to this subparagraph, it shall 
publish on its publicly accessible website an explanation regarding the feasibility 
of and rationale for not incorporating a different mitigation measure described in 
paragraph A. 
4. Publication of infomiatiou, The depa1tment and the authority shall publish on 
their respective publicly accessible websites all information regarding impact assessments 
and mitigation measures conducted by each entity pursuant to this section, including, but 
not limited to. infonnation rngarding the capacity expansion projects subiect to the 
t·equirements of this section, the impact assessments under subsection 2 conducted for those 
projects, the mitigation measures under subsection 3 implemented for those projects and 
the final disposition of those projects. 
5, Applicability, The requirements of this section do not apply to a capacity expansion 
project: 
A. That. prior to July 1, 2026, was included in a transpo1tatio11 improvement progrnm 
or work plan of the depatiment or the authority: or 
B. For which the geometric layout was submitted to the depa1iment or the authority 
for approval prior to July I, 2026. 
The requirements of this section are in addition to and do not affect the application of any 
safety requirements or goals established by the department and the authority that must be 
satisfied by the capacity expansion project pursuant to law or rule. 
6, Report, The depatiment and the authority shall jointly report on their deliberations 
and any recommendations, including proposed legislation, by January 15, 2027, and 
biennially thereafter, to the Governor and to the joint standing committees of the 
Legislature having jurisdiction over transportation matters and over environment and 
natural resomces matters. The repo1t must include. but is not limited to: 
A. An assessment of the current levels of transportation-related greenhouse gas 
emissions and statewide vehicle miles trnveled, research and recommendations 
regarding strategies to reduce those emissions and vehicle miles trnveled consistent 
with the climate action plan under Title 38, section 577: 
COMMITTEE AMENDMENT 
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COMMl1TEE AMENDMENT" Pr" to S.P. 469, L.D. 1138 c,,...1 > D 
B. All impact assessment and mitigation measures implemented since the last report 
and an outline of the travel demand modeling and induced demand modeling used for 
the purpose of projecting net change in vehicle miles traveled: and 
C. A calibration and validation report for the model used, documentation of model 
components and key parameters and description of how the models account for induced 
travel demand associated with transportation system changes. 
At least 2 public meetings must be held on the report and the oppo1tunity for public 
comment must be made available. The report must be made available on the department's 
publicly accessible website. After 1·eviewing the repo1t. each committee may report out 
legislation relating to the report. 
Sec. 2. 38 MRSA §576-A, sub-§4, as enacted by PL 2019, c. 476, §7, is amended 
by amending the 2nd blocked paragraph to read: 
The Department of Transportation, after consultation with the department, may shall adopt 
rnles as necessary to ensure compliance with the levels established by subsections 1 to 3. 
Sec. 3. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
TRANSPORTATION, DEPARTMENT OF 
Highway and Bridge Capital 0406 
Initiative: Provides funding for 2 Public Service Coordinator II positions and related costs 
to develop rules to ensure compliance with statutory requirements and to assist with 
completing the impact statements. 
HIGHWAY FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
HIGHWAY FUND TOTAL 
Highway and Bridge Capital 0406 
2025-26 
2.000 
$339,476 
$20,000 
$359,476 
2026-27 
2.000 
$342,372 
$20,000 
Initiative: Pl'ovides funding for consultants to develop and implement the plan for 
achieving reductions to emissions and to assist with completing the impact assessments. 
HIGHWAY FUND 
All Othet· 
HIGHWAY FUND TOTAL 
TRANSPORTATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
HIGHWAY FUND 
2025-26 
$750,000 
$750,000 
2025-26 
$1,109,476 
COMMITTEE AMENDMENT 
$0 
2026-27 
$362,372 
~o'b 
COMMllTEE AMENDMENT" ft'' to S.P. 469, L.D. I 13sc1-~-:s D 
DEPARTMENT TOTAL-ALL FUNDS 
$1,109,476 
$362,372 
Amend the bill by relettering or renumbering any nonconsecutive Part lette1· or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority 1·ep01t of the committee, replaces the bill and 
does the following: 
I. It changes the definition of "capacity expansion project" to mean a transportation 
project under the jurisdiction of the Department of Transportation or the Maine Turnpike 
Authority that expands roadway capacity, including, but not limited to, the constrnction of 
a new roadway, a roadway widening project or a project that establishes grade separation 
at an intersection, excluding auxilia1y lanes with a length of less than 2,500 feet; 
2. It removes references to the transportation greenhouse gas emissions rnductions 
plan under the Maine Revised Statutes, Title 23, section 4209-C and in Title 38, section 
576-A, subsection 4-A throughout the bill in the impact assessment requirement; 
3. It adds that the impact assessment must determine whether a capacity project results 
in a neutral impact or net reduction in annual greenhouse gas emissions and per capita 
vehicle miles traveled; 
4. It removes some requii'ements in accordance with the climate action plan and target 
requirements to be used in detel'mining if a project may proceed and specifies that the 
project may proceed if the Depa1tme11t ofTranspo1tation OI' the Maine Turnpike Authority 
determines that the project does not increase annual greenhouse gas emissions or per capita 
vehicle miles traveled; 
5. It specifies that, if the Depa1tment of Transportation and the Maine Turnpike 
Authority determine that a project incl'eases annual greenhouse gas emissions or per capita 
vehicle miles traveled, the Depa1tment ofTranspmtation or the Maine Tumpike Authority 
is required to alter the scope or design of the project to ensure a neutral impact or net 
decrease in annual greenhouse gas emissions and per capita vehicle miles traveled; 
6. It specifies that the determination of the Depa1tment of Transpmtation or the Maine 
Turnpike Authority on whether to complete a new capacity project is based on whether the 
project increases annual greenhouse gas emissions or per capita vehicle miles trnveled, 
rathe1· than whether the project is consistent with the climate action plan's targets and limits; 
7. It specifies that a sufficient mitigation measure is one in which the total greenhouse 
gas emissions associated with the project result in a neutral impact or net reduction; 
8. It removes the Transportation Climate Technical Committee and instead requires 
the Depa1tment ofTranspo1tation and the Maine Turnpike Authority, by Januaiy 15, 2027 
and biennially thereafter, to report to the joint standing committee of the Legislature having 
jurisdiction ove1· trnnspol'tation matters and the joint standing committee of the Legislature 
having jurisdiction over environment and natural resources matters. The amendment also 
requires at least 2 public meetings to be held on the report; 
9. It removes the section that requires the Depa1t111ent of Transpo1tatio11 to develop 
and, by July li 2026, publish a plan that, at a minimumi sets fotth strategies for reduction 
COMMITTEE AMENDMENT 
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COMMITfEE AMENDMENT" A" to S.P. 469, L.D. 1138 (S,-'31 \} 
of greenhouse gas emissions from the transportation sector necessary to achieve the 
greenhouse gas emissions reductions and limits under Title 38, section 576-A and strategies 
for reduction of statewide per capita vehicle miles traveled in accordance with the targets 
identified in the climate action plan; and 
10, It removes the section that l'equfres the Depa1tment of Environmental Protectlon, 
by December 31, 2025, to adopt rules establishing limits on greenhouse gas emissions from 
the transp01tatio11 sector. 
FISCAL NOTE REQUfilED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/03/25 I-RI-
LO 1138 
LR 188.6(02) 
An Act to Reduce Pollution Associated with Transportation in Alignment with the State's Climate 
Action Plan 
Fiscal Note for Bill as Amended by Committee Amendment 't1:' (>"'?'1:> ~ 
Committee: Transportation 
Net Cost (Savings) 
Highway Fund 
Appropriations/Allocations 
Highway Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2025-26 
$1,109,476 
$1,109,476 
$362,372 
$362,372 
Projections 
FY 2027-:28 
$1,119,219 
$1,119,219' 
Projections 
FY 2028-29 
$376,204 
$376,204 
The bill includes Highway Fund allocations of $1, l 09,476 in fiscal year 2025"26 and $362,372 in fiscal year 2026-27 
to the Department of Transportation for 2 Public Service Coordinator II positions and related costs to develop rules to 
ensure compliance with statutory requirements and to assist ,vith completing the impact statements and to hire 
consultants to develop and implement the plan for achieving reductions to emissions and to assist in completing 
impact assessments 
LR.I 886(02) • Fiscal Note " Page 1 of 1