130th MAINE LEGISLATURE
FIRST SPECIAL SESSION-2021
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.
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 38 MRSA §576-A, sub-§4, as enacted by PL 2019, c. 476, §7, is amended
3 to read:
4 4. Monitoring, reporting and compliance rules. By July 1, 2021 2022, the
5 department shall adopt rules to track and report to the Legislature on gross annual
6 greenhouse gas emissions and net annual greenhouse gas emissions.
7 Notwithstanding any provision of section 341‑H to the contrary, by September 1, 2021
8 2022, the board shall adopt rules to ensure compliance with the levels established by
9 subsections 1 to 3 which that:
10 A. Must be consistent with the climate action plan, as updated pursuant to section 577,
11 subsection 1;
12 B. Must prioritize greenhouse gas emissions reductions by sectors that are the most
13 significant sources of greenhouse gas emissions, as identified by the United States
14 Energy Information Administration and in the department's biennial reports submitted
15 under section 578, taking into account gross greenhouse gas emissions reductions
16 achieved by each sector since 1990 measured as a percentage of statewide gross
17 greenhouse gas emissions and taking into account the cost-effectiveness of future gross
18 greenhouse gas emissions reductions by each sector;
19 C. Must be fair and equitable and account for and give significant weight to greenhouse
20 gas emissions reductions already achieved by various sectors; and
21 D. May establish a mechanism for crediting voluntary measures that quantifiably and
22 reliably sequester additional carbon in forests, farms and coastal lands in the State or
23 by the use of materials that sequester additional carbon that prioritizes sequestration
24 that offsets Maine-generated emissions.
25 The Department of Transportation, after consultation with the department, may adopt rules
26 as necessary to ensure compliance with the levels established by subsections 1 to 3.
27 Rules adopted pursuant to this subsection are routine technical major substantive rules as
28 defined in Title 5, chapter 375, subchapter 2‑A.
29 Sec. 2. 38 MRSA §576-A, sub-§5 is enacted to read:
30 5. Exclusions. Notwithstanding subsection 4, the board, the department or the
31 Department of Transportation may not adopt a rule that:
32 A. Increases the cost of heating fuel, natural gas, gasoline or diesel fuel by issuing
33 permits to limit the amount of these fuels sold in the State in order to limit greenhouse
34 gas emissions;
35 B. Increases the cost of heating fuel, natural gas, gasoline or diesel fuel by imposing a
36 tax or requiring a permitting fee to reduce greenhouse gas emissions that is based on
37 the carbon emissions of these fuels;
38 C. Increases the cost of heating fuel, natural gas, gasoline or diesel fuel by imposing a
39 tax or requiring a permitting fee to reduce greenhouse gas emissions that is based on
40 the carbon emissions of carbon-based fuels as part of a rebate or dividend program; or
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 1 D. Causes the State to join a multistate consortium or coalition that requires the State
2 to implement a policy under paragraph A, B or C as a condition of membership.
3 A proposal to implement by legislation a policy described under paragraph A, B or C may
4 not become law without the Senate and House of Representatives approving legislation
5 both adopting that policy and joining a multistate consortium or coalition described under
6 paragraph D.
7 SUMMARY
8 This bill makes the rules adopted by the Board of Environmental Protection, the
9 Department of Environmental Protection and the Department of Transportation to limit
10 greenhouse gas emissions major substantive rules. It prohibits the adoption by the Board
11 of Environmental Protection, the Department of Environmental Protection or the
12 Department of Transportation of a rule that limits the amount of heating fuel, natural gas,
13 gasoline or diesel fuel sold to limit greenhouse gas emissions, that imposes a tax or requires
14 a permitting fee to reduce greenhouse gas emissions, including a tax or permitting fee that
15 is based on the carbon emissions of any carbon-based fuels as part of a rebate or dividend
16 program, or that causes the State to join a multistate consortium or coalition that requires
17 the State to implement either of those policies as a condition of membership. It also
18 requires that a proposal to implement by legislation a policy limiting the sale of gasoline
19 or diesel fuel to limit greenhouse gas emissions or imposing a tax or permitting fee to
20 reduce greenhouse gas emissions may not become law without the Senate and House of
21 Representatives approving legislation both adopting the policy and joining a multistate
22 consortium or coalition. It also requires that any carbon sequestration policy prioritize the
23 offset of Maine-generated emissions.
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Statutes affected:
Bill Text LD 1498, HP 1108: 38.576