An Act To Establish the Maine Climate Change Council To Assist Maine To Mitigate, Prepare for and Adapt to Climate Change
Sec. 1. 5 MRSA §12004-I, sub-§24-G is enacted to read:
|Environment: Natural Resources||Maine Climate Change Council and Working Groups||Legislative Per Diem and Expenses for Legislators/Expenses Only for Other Members||38 MRSA §577-A|
Sec. 2. 35-A MRSA §3210, sub-§§1-A and 1-B are enacted to read:
Sec. 3. 35-A MRSA §3210-C, sub-§3, as amended by PL 2017, c. 134, §2, is further amended to read:
(1) To the extent necessary to fulfill the policy of subsection 2, paragraph A; or
(2) If the commission determines appropriate for purposes of supplying or lowering the cost of standard-offer service or otherwise lowering the cost of electricity for the ratepayers in the State. Available energy contracted pursuant to this subparagraph may be sold into the wholesale electricity market in conjunction with solicitations for standard-offer supply bids;
The commission may permit, but may not require, investor-owned transmission and distribution utilities to enter into contracts for differences that are designed and intended to buffer ratepayers in the State from potential negative impacts from transmission development. To the greatest extent possible, the commission shall develop procedures for long-term contracts for investor-owned transmission and distribution utilities under this subsection having the same legal and financial effect as the procedures used for standard-offer service pursuant to section 3212 for investor-owned transmission and distribution utilities.
The commission may enter into contracts for interruptible, demand response or energy efficiency capacity resources. These contracts are not subject to the rules of the State Purchasing Agent. In a competitive solicitation conducted pursuant to subsection 6, the commission shall allow transmission and distribution utilities to submit bids for interruptible or demand response capacity resources.
Capacity resources contracted under this subsection may not exceed the amount necessary to ensure the reliability of the electric grid of this State, to meet the energy efficiency program budget allocations articulated in the triennial plan as approved by the commission pursuant to section 10104, subsection 4 or any annual update plan approved by the commission pursuant to section 10104, subsection 6 or to lower customer costs as determined by the commission pursuant to rules adopted under subsection 10.
Unless the commission determines the public interest requires otherwise, a capacity resource may not be contracted under this subsection unless the commission determines that the capacity resource is recognized as a capacity resource for purposes of any regional or federal capacity requirements.
The commission shall ensure that any long-term contract authorized under this subsection is consistent with the State's goals for greenhouse gas reduction under Title 38, section 576 576-A and the regional greenhouse gas initiative as described in the state climate action plan required in Title 38, section 577.
By January 1st of each year, the commission shall submit a report to the joint standing committee of the Legislature having jurisdiction over energy and utilities matters on the procurement of transmission capacity, capacity resources, energy and renewable energy credits in the preceding 12 months under this subsection, the Community-based Renewable Energy Act and deep-water offshore wind energy pilot projects under Public Law 2009, chapter 615, Part A, section 6, as amended by Public Law 2013, chapter 369, Part H, sections 1 and 2 and chapter 378, sections 4 to 6. The report must contain information including, but not limited to, the number of requests for proposals by the commission for long-term contracts, the number of responses to requests for proposals pursuant to which a contract has been finalized, the number of executed term sheets or contracts resulting from the requests for proposals, the commission's initial estimates of ratepayer costs or savings associated with any approved term sheet, actual ratepayer costs or savings for the previous year associated with any procurement, the total ratepayer costs or savings at the time of the report and the megawatt-hours, renewable energy credits or capacity produced or procured through contracts. The report must also include a plan for the succeeding 12 months pertaining to the procurement of capacity resources, energy and renewable energy credits, including dates for requests for proposals, and types of resources to be procured.
Sec. 4. 35-A MRSA §3402, sub-§1, ¶A, as amended by PL 2009, c. 615, Pt. A, §2, is further amended to read:
Sec. 5. 35-A MRSA §10104, sub-§4, ¶F, as repealed and replaced by PL 2013, c. 369, Pt. A, §13, is amended to read:
(1) Reducing energy costs, including residential heating costs;
(2) Weatherizing substantially all homes whose owners or occupants are willing to participate in and share the costs of cost-effective home weatherization to a minimum standard of weatherization, as defined by the trust, by 2030;
(3) Reducing peak-load demand for electricity through trust programs by 300 megawatts by 2020;
(4) By 2020, achieving electricity and natural gas program savings of at least 20% and heating fuel savings of at least 20%, as defined in and determined pursuant to the measures of performance approved by the commission under section 10120;
(5) Creating stable private sector jobs providing alternative energy and energy efficiency products and services in the State by 2020; and
(6) Reducing greenhouse gas emissions from the heating and cooling of buildings in the State by amounts consistent with the State's goals established in Title 38, section 576 576-A.
The trust shall preserve when possible and appropriate the opportunity for carbon emission reductions to be monetized and sold into a voluntary carbon market. Any program of the trust that supports weatherization of buildings must be voluntary and may not constitute a mandate that would prevent the sale of emission reductions generated through weatherization measures into a voluntary carbon market.
Except when specifically provided in the individual goals under this paragraph, the trust may consider expected savings from market effects not attributable to the trust as well as efforts by other organizations, including but not limited to federally funded low-income weatherization programs.
As used in this paragraph, "heating fuel" means liquefied petroleum gas, kerosene or #2 heating oil, but does not include fuels when used for industrial or manufacturing processes.
Sec. 6. 38 MRSA §574, sub-§§1-A to 1-C are enacted to read:
Sec. 7. 38 MRSA §576, as enacted by PL 2003, c. 237, §1, is repealed.
Sec. 8. 38 MRSA §576-A is enacted to read:
§ 576-A. Greenhouse gas emissions reductions
Sec. 9. 38 MRSA §577, as enacted by PL 2003, c. 237, §1, is amended to read:
§ 577. Climate action plan; update
By July 1, 2004, the department, with input from stakeholders, shall adopt a state climate action plan to meet the reduction goals specified in section 576 for greenhouse gas emissions. The action plan must address reduction in each sector in cost-effective ways and must allow sustainably managed forestry, agricultural and other natural resource activities to be used to sequester greenhouse gas emissions. The department shall submit the action plan to the joint standing committee of the Legislature having jurisdiction over natural resources matters.
Sec. 10. 38 MRSA §577-A is enacted to read:
§ 577-A. Maine Climate Change Council
The Maine Climate Change Council, referred to in this section as "the council," is created to advise the Governor and Legislature on ways to mitigate the causes of, prepare for and adapt to the consequences of climate change.
(1) One member to represent marine fisheries;
(2) One member to represent agriculture;
(3) One member to represent municipal governments;
(4) One member to represent the forestry industry;
(5) One member to represent expertise in Maine's energy sector;
(6) One member to represent Maine's tribes;
(7) One member to represent building or construction trades;
(8) One member to represent the manufacturing industry;
(9) One member to represent organized labor;
(10) Two members to represent business, including one member to represent small business;
(11) Two members to represent environmental nonprofit organizations or private foundations, or both, with a focus on environmental issues;
(12) Two members with expertise in climate change science, including a representative of the University of Maine System;
(13) Two members with expertise in resilience, climate change adaptation, emergency management or disaster risk reduction;
(14) One member to represent Maine's youth; and
(15) Up to 2 other government or public members.
The members of the subcommittee must include at least one member of the Senate and one member of the House of Representatives appointed by the presiding officer of the respective chamber of the Legislature and the legislative members must include members of both of the 2 political parties holding the most seats in the Legislature. The cochairs of the council shall appoint as members representatives of scientific and academic institutions, affected and involved businesses and industries, nonprofit organizations and foundations and federal, state and local governments and agencies.
In carrying out its duties, the subcommittee:
Each working group must include at least one member of the Senate and one member of the House of Representatives appointed by the presiding officer of the respective chamber of the Legislature and the legislative members must include members of both of the 2 political parties holding the most seats in the Legislature. The cochairs of the council shall appoint as members representatives of scientific and academic institutions, affected and involved businesses and industries, nonprofit organizations and foundations and federal, state and local governments and agencies.
Each working group shall meet at least every 6 months, beginning no later than October 1, 2019 and shall establish an annual work plan.
Sec. 11. 38 MRSA §578, as amended by PL 2013, c. 415, §5, is further amended to read:
§ 578. Progress evaluation
By January 1, 2006 and by that date every 2 years thereafter, the The Maine Climate Change Council, established under section 577-A, or the department , shall evaluate the State's progress toward meeting the reduction goals specified in section 576, review the cost-effectiveness of the actions taken toward meeting the reduction goals and shall amend the action plan as necessary to ensure that the State can meet the reduction goals 576-A and progress toward implementing the climate action plan in section 577. The department shall submit a report of its evaluation to the joint standing committee of the Legislature having jurisdiction over natural resources matters and the joint standing committee of the Legislature having jurisdiction over utilities and energy matters by January 1, 2016 December 1, 2022 and by that date every 2 years thereafter. The council, or the department, may recommend other metrics to share the progress on climate mitigation and adaptation strategies with the Legislature and public. The joint standing committee of the Legislature having jurisdiction over natural resources matters is authorized to report out legislation relating to the evaluation to the second regular session of any Legislature. The joint standing committee of the Legislature having jurisdiction over utilities and energy matters may make recommendations to the joint standing committee of the Legislature having jurisdiction over natural resources matters regarding that legislation. Starting no earlier than January 1, 2008, the department may recommend to the joint standing committee of the Legislature having jurisdiction over natural resources matters that the reduction goals specified in section 576 be increased or decreased.
Sec. 12. Meetings of Scientific and Technical Subcommittee. Notwithstanding the Maine Revised Statutes, Title 10, section 577-A, subsection 6, paragraph A, the Scientific and Technical Subcommittee of the Maine Climate Change Council shall meet at least 4 times before July 1, 2020.
1. Establishes the Maine Climate Change Council to assist Maine to mitigate, prepare for and adapt to climate change;
2. Provides that by January 1, 2030 80% of electricity consumed in the State must come from renewable resources and by January 1, 2050 100% of electricity consumed in the State must come from renewable resources;
3. Updates the greenhouse gas emissions reductions required in statute; and
4. Requires that the state climate action plan be updated by December 1, 2020 and every 4 years thereafter.