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
45 into a capacity expansion project and sets forth the criteria for determining whether such
46 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.

Statutes affected:
Bill Text LD 1138, SP 469: 38.576