2. Lowest environmental impact. Based on thorough analysis and evaluation of alternatives to the use of MTBE, ensures the lowest possible total environmental impact.

The department shall annually, no later than February 1st of each year, present a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the levels of MTBE in gasoline brought into this State and the progress made in achieving the goal of eliminating MTBE in gasoline sold in the State by January 1, 2003. The committee may report out to any session of any Legislature legislation relating to MTBE use in gasoline.

Sec. 4. 38 MRSA §585-I is enacted to read:

§585-I.__MTBE

The following provisions apply to the sale of MTBE in the State.

1.__Definition.__For purposes of this section, "MTBE" means the gasoline oxygenate methyl tertiary butyl ether.

2.__Prohibition on sale.__Beginning January 1, 2007, a person may not sell, offer for sale, distribute or blend in this State gasoline that contains more than 1/2 of 1% by volume MTBE that is intended for sale to ultimate consumers in this State.

3.__Emergency order.__Notwithstanding subsection 2, whenever the commissioner finds that a danger to public health or safety exists due to low supply of gasoline in the State, the commissioner may issue an emergency order waiving the sales prohibition in subsection 2.

Sec. 5. Report. By March 1, 2006, the Department of Environmental Protection shall present a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the implementation and status of the prohibition on the sale of gasoline containing more than 1/2 of 1% by volume methyl tertiary butyl ether, or MTBE.