An Act to Reduce Pollution Associated with Transportation in
Maine Legislature, Session 132, LD 1138
Committee: Transportation
Sponsors: BRENNER, CRAFTS, DAUGHTRY
Amends: 5 MRSA §12004-I, 23 MRSA §4209-B, 23 MRSA §710, 23 MRSA §4209-C, 38 MRSA §576-A

Legislative Document
No. 1138
S.P. 469
In Senate, March 18, 2025
An Act to Reduce Pollution Associated with Transportation in 
Alignment with the State's Climate Action Plan
Reference to the Committee on Transportation suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER of Cumberland.
Cosponsored by Representative CRAFTS of Newcastle and
Senators: President DAUGHTRY of Cumberland, TEPLER of Sagadahoc, Representatives: 
ANKELES of Brunswick, DODGE of Belfast, DOUDERA of Camden, MURPHY of 
Scarborough, SACHS of Freeport, STOVER of Boothbay.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-I, sub-§84-B is enacted to read:
84-B.  
Transportation: 
Emissions
Transportation Climate 
Technical Committee
Not Authorized
MRSA §4209-B 
Sec. 2.  23 MRSA §710 is enacted to read:
§710.  Greenhouse gas emissions assessment and mitigation for capacity expansion 
projects
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Authority" has the same meaning as in section 1964, subsection 2.
B.  "Capacity expansion project" or "project" means a transportation project under the 
jurisdiction of the department or the authority that results in modifications or other 
changes to a transportation facility, including a roadway, transit service or parking 
facility, and that is designed to improve vehicle travel time or increase maximum 
throughput.
C.  "Department" means the Department of Transportation.
D.  "Greenhouse gas" has the same meaning as in Title 38, section 574, subsection 1.
E.  "Induced demand" means an increase in demand for vehicle travel demonstrated by 
an increase in vehicle miles traveled due to an increase in roadway 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 project in a transportation improvement program, work plan or long-range 
transportation plan of the department or the authority, the department or the authority, as 
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 
transportation greenhouse gas emissions reductions plan under section 4209-C, the 
transportation-related targets in the climate action plan under Title 38, section 577 and 
the transportation sector greenhouse gas emissions limits under Title 38, section 576-A, 
subsection 4-A.  The impact assessment must, at a minimum, include projections for:
(1)  Greenhouse gas emissions associated with the capacity expansion project over 
a 20-year period; 
(2)  Net change in vehicle miles traveled for the affected transportation network as 
a result of the capacity expansion project, 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 
project on vehicle miles traveled for the affected transportation network as a result 
of the project.
In establishing an impact assessment process under this paragraph, the department and 
the authority shall each solicit input from stakeholders.  Every 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 necessary changes.
By January 1, 2027, and annually thereafter, the department and the authority shall 
publish on their respective publicly accessible websites a report outlining the travel 
demand modeling and induced demand modeling used for the purposes of projecting 
net change in vehicle miles traveled.  The report must include a calibration and 
validation report for the models used, documentation of the model components and key 
parameters and a description of how the models used account for induced travel 
demand associated with transportation system 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:
(1)  Proceed with the project as proposed if, through the impact assessment, the 
department or the authority determines that the project is consistent with the plan, 
targets and limits identified in paragraph A; or
(2)  If, through the impact assessment, the department or authority determines that 
the project is not consistent with the plan, targets and limits identified in paragraph 
A:
(a)  Alter the scope or design of the project to ensure greater consistency with 
the plan, target or limits and complete a new impact assessment for the 
modified project;
(b)  Incorporate sufficient mitigation measures into the project in accordance 
with subsection 3; or
(c)  Halt project development and ensure that the project is not included in a 
transportation improvement program, work plan or long-range transportation 
plan of the department or the authority, as applicable.
3.  Mitigation measures.  If the department 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 is not consistent with the plan, targets and limits 
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 or more of the following 
measures:
(1)  Transit expansion, including, but not limited to, expansion of regular route bus 
transit, arterial or highway bus rapid transit, rail transit or intercity passenger rail 
transit;
(2)  Transit service improvements, including, but not limited to, increased service 
level, transit fare reduction or transit priority treatment;
(3)  Expansion of active transportation infrastructure;
(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 programs;
(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-oriented 
development;
(8)  Infrastructure improvements relating to traffic 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 department 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 project;
(2)  The total greenhouse gas emissions associated with the project and net change 
in vehicle miles traveled for the affected transportation network as a result of the 
project, after accounting for emissions and vehicle miles traveled reductions 
achieved through the incorporated mitigation measures, as determined by the 
department or the authority, as applicable, is consistent with the transportation 
greenhouse gas emissions reductions plan under section 4209-C, the 
transportation-related targets in the climate action plan under Title 38, section 577 
and the transportation sector greenhouse gas emissions limits under Title 38, 
section 576-A, subsection 4-A;
(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 incorporated or in a revised form that still allows 
the project to satisfy the requirements of subparagraph (2).
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 project;
(2)  If there is no location that satisfies subparagraph (1), the measure must be 
implemented within or associated with an underserved community in the State, as 
determined by the department or the authority, as applicable, based on available 
federal or state data;
(3)  If there is no location that satisfies subparagraph (1) 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 subparagraphs (1) to (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 department or the authority 
localizes a mitigation measure pursuant 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 information.  The department 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, information regarding the capacity expansion projects subject to the 
requirements 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 transportation improvement program, 
work plan or long-range transportation plan of the department or the authority; or
B.  For which the geometric layout was submitted to the department or the authority 
for approval prior to July 1, 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.
Sec. 3.  23 MRSA §4209-B is enacted to read:
§4209-B.  Transportation Climate Technical Committee
1.  Committee established.  The Transportation Climate Technical Committee, 
referred to in this section as "the committee," is established in accordance with Title 5, 
section 12004‑I, subsection 84‑B to assist in the development and review of the 
transportation greenhouse gas emissions reductions plan under section 4209-C, to assist the 
department and the Maine Turnpike Authority in the implementation of the requirements 
and processes for evaluating the greenhouse gas emissions and vehicle miles traveled 
impacts associated with capacity expansion projects under section 710 and to otherwise 
advise the department, the authority and the Legislature regarding achievement of the 
transportation sector targets identified in the transportation greenhouse gas emissions 
reductions plan under section 4209-C, the climate action plan under Title 38, section 577 
and the greenhouse gas emissions reductions levels and limits under Title 38, section 
576-A.
2.  Membership.  The committee must include, but is not limited to, the following 
members:
A.  The commissioner or the commissioner's designee;
B.  The executive director of the Maine Turnpike Authority or the executive director's 
designee; and
C.  The following individuals appointed by the commissioner:
(1)  One representative from a federally designated planning organization for the 
Bangor region;
(2)  One representative from a federally designated planning organization for the 
Lewiston-Auburn region;
(3)  One representative from a federally designated planning organization for the 
Kittery region;
(4)  One representative from a federally designated planning organization for the 
Portland region;
(5)  One representative of a regional transportation system based in Aroostook 
County;
(6)  One member who is a transit planner;
(7)  One member with expertise in greenhouse gas emissions modeling and induced 
demand modeling;
(8)  One member who is an active transportation planner; and
(9)  One member who is a transportation engineer.
3.  Terms; vacancies.  A member of the committee appointed pursuant to subsection 
2, paragraph C serves for a term of 3 years.  Terms must be staggered so that approximately 
1/3 of the committee is renewed each calendar year.  If a member is unable to complete the 
term, the commissioner shall appoint a member from the same category of members listed 
in subsection 2, paragraph C as the member who vacated the committee to serve out the 
unexpired portion of the term.
4.  Meetings and deliberations.  The committee shall meet no less than 6 times per 
year.  The committee may form subcommittees and adopt bylaws and other policies to 
effectively govern the committee's proceedings.  The committee shall provide opportunities 
for public participation and stakeholder feedback.
5.  Report.  The committee shall report on its 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 resources matters.  The report 
must include, but is not limited to, an assessment of the current levels of transportation-
related greenhouse gas emissions and statewide vehicle miles traveled and 
recommendations for strategies to reduce those emissions and miles consistent with the 
targets identified in the transportation greenhouse gas emissions reductions plan under 
section 4209-C, the climate action plan under Title 38, section 577 and the greenhouse gas 
emissions reductions levels and limits under Title 38, section 576-A.  After reviewing the 
report, each committee may report out legislation relating to the report.
Sec. 4.  23 MRSA §4209-C is enacted to read:
§4209-C.  Transportation greenhouse gas emissions reductions plan
In cooperation with the Maine Turnpike Authority, the Transportation Climate 
Technical Committee under section 4209-B and metropolitan planning organizations in the 
State, and in accordance with applicable federal transportation requirements and standards, 
the department shall develop and, by July 1, 2026, publish a plan that, at a minimum, sets 
forth strategies for reductions of greenhouse gas emissions from the transportation sector 
necessary to achieve the greenhouse gas emissions reductions levels and limits under Title 
38, section 576-A, and strategies for reduction of statewide vehicle miles traveled in 
accordance with the targets identified in the climate action plan under Title 38, section 577.  
As applicable, the plan must be incorporated into the long-term planning processes of the 
department and the Maine Turnpike Authority.  The department shall periodically review 
and, as necessary, publish updates to the plan under this section.
Sec. 5.  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 
rules as necessary to ensure compliance with the levels established by subsections 1 to 3.
Sec. 6.  38 MRSA §576-A, sub-§4-A is enacted to read:
4-A.  Transportation sector greenhouse gas emissions limits.  In accordance with 
this subsection, by December 31, 2025, the department shall adopt rules establishing limits 
on greenhouse gas emissions from the transportation sector.
A.  Rules adopted by the department under this subsection must include greenhouse 
gas emissions limits specific to different source categories within the transportation 
sector that are designed to be achieved through biennial targets imposed over a 10-year 
period and to ensure compliance with the levels established by subsections 1 to 3 and 
with the transportation-specific greenhouse gas emissions reductions projections 
established in the climate action plan under section 577, subsection 5-A.
B.  At least every 4 years following the initial adoption of the transportation sector 
greenhouse gas emissions limits rules under this subsection, the department shall 
review those limits and determine whether additional changes are necessary to those 
limits based on new greenhouse gas emissions reductions data, updates to the climate 
action plan under section 577 or other information available to the department.  If, as 
a result of that review, the department determines that additional changes to the 
transportation sector greenhouse gas emissions limits rules are necessary, the 
department shall initiate rulemaking pursuant to this subsection to amend those rules.
C.  After consultation with the department, the Department of Transportation shall 
adopt rules necessary to ensure compliance with the transportation sector greenhouse 
gas emissions limits established by the department pursuant to this subsection, 
including, but not limited to, the adoption of rules establishing vehicle miles traveled 
reduction levels.
Rules adopted by the department or the Department of Transportation pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill implements the following provisions designed to limit greenhouse gas 
emissions from the transportation sector. 
1.  It amends the law regulating state monitoring of, reporting on and compliance with 
the requirements for gross and net annual greenhouse gas emissions reductions levels to 
require the Department of Transportation to adopt rules necessary to ensure compliance 
with those reductions levels.  Under current law, the Department of Transportation is 
authorized but not required to adopt such rules.
2.  It requires the Department of Environmental Protection, by December 31, 2025, to 
adopt rules establishing greenhouse gas emissions limits specific to different source 
categories within the transportation sector that are designed to be achieved through biennial 
targets imposed over a 10-year period and to ensure compliance with established gross and 
net annual greenhouse gas emissions levels and with the transportation-specific greenhouse 
gas emissions reductions projections established in the climate action plan under the Maine 
Revised Statutes, Title 38, section 577, subsection 5-A.  The Department of Transportation 
is required to adopt rules necessary to ensure compliance with those greenhouse gas 
emissions limits established by the Department of Environmental Protection by rule.
3.  It requires the Department of Transportation to develop and, by July 1, 2026, publish 
a plan that, at a minimum, sets forth strategies for reduction 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 
vehicle miles traveled in accordance with the targets identified in the climate action plan.
4.  It provides that, beginning July 1, 2026, prior to inclusion of a capacity expansion 
project in a Department of Transportation or Maine Turnpike Authority transportation 
improvement program, work plan or long-range transportation plan, the department or the 
authority, as applicable, must complete an impact assessment of the project.  The bill 
defines "capacity expansion project" as a transportation project that results in modifications 
or other changes to a transportation facility and that is designed to improve vehicle travel 
time or increase maximum throughput.  
The impact assessment process is to be used by the department or the authority to 
determine whether a capacity expansion project is consistent with the transportation 
greenhouse gas emissions reductions plan under Title 23, section 4209-C, the 
transportation-related targets in the climate action plan and the transportation sector 
greenhouse gas emissions limits.  The impact assessment must, at a minimum, include 
projections for greenhouse gas emissions associated with the capacity expansion project 
over a 20-year period, net change in vehicle miles traveled for the affected transportation 
network as a result of the capacity expansion project and the direct impacts and induced 
demand impacts of the capacity expansion project on vehicle miles traveled for the affected 
transportation network as a result of the project.  
If, through the impact assessment, the department or the authority determines that the 
project is not consistent with the plan, targets and limits, the department or the authority 
must alter the scope or design of the project to ensure greater consistency with the plan, 
target or limits, incorporate sufficient mitigation measures into the project or halt project 
development.  The bill describes the types of mitigation measures that may be incorporated 
into a capacity expansion project and sets forth the criteria for determining whether such 
mitigation measures will be considered sufficient to allow the project to proceed.
5.  It establishes the Transportation Climate Technical Committee to assist in the 
development and review of the transportation greenhouse gas emissions reductions plan to 
assist the Department of Transportation and the Maine Turnpike Authority in the 
implementation of the requirements and processes for evaluating the greenhouse gas 
emissions associated with capacity expansion projects under Title 23, section 710, and to 
otherwise advise the Department of Transportation, the Maine Turnpike Authority and the 
Legislature regarding achievement of the transportation sector targets identified in the 
transportation greenhouse gas emissions reductions plan, the climate action plan and the 
greenhouse gas emissions reductions levels and limits.