‘An Act To Promote Clean Energy Jobs and To Establish the Maine Climate Council’
SP0550 LD 1679 |
Session - 129th Maine Legislature C "A", Filing Number S-221, Sponsored by
|
LR 2478 Item 2 |
|
Bill Tracking, Additional Documents | Chamber Status |
Amend the bill by striking out the title and substituting the following:
‘An Act To Promote Clean Energy Jobs and To Establish the Maine Climate Council’
Amend the bill by inserting after the title and before the enacting clause the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Climate Council, its Scientific and Technical Subcommittee and its working groups, which are established in this legislation and which are directed in this legislation to address a number of critical and pressing issues relating to the effects of climate change on the State, its communities and its environment and natural resources, must commence work on those issues as soon as is possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,’
Amend the bill by striking out all of sections 1 and 2 and inserting the following:
‘Sec. 1. 5 MRSA §12004-I, sub-§24-G is enacted to read:
Environment: Natural Resources | Maine Climate Council, Scientific and Technical Subcommittee and Working Groups | Legislative Per Diem and Expenses for Legislators/Expenses Only for Certain Members | 38 MRSA §577-A |
Amend the bill in section 3 in subsection 3 in the 5th blocked paragraph in the 2nd line (page 2, line 21 in L.D.) by striking out the following: "greenhouse gas reduction under" and inserting the following: ' greenhouse gas reduction under'
Amend the bill in section 6 in subsection 1-A in the last line (page 4, line 3 in L.D.) by striking out the following: " this chapter" and inserting the following: ' section 577'
Amend the bill by striking out all of sections 8 to 12 and inserting the following:
‘Sec. 8. 38 MRSA §576-A is enacted to read:
§ 576-A. Greenhouse gas emissions reductions
Notwithstanding any provision of section 341-H to the contrary, by September 1, 2021, the board shall adopt rules to ensure compliance with the levels established by subsections 1 to 3 which:
The Department of Transportation, after consultation with the department, may adopt rules as necessary to ensure compliance with the levels established by subsections 1 to 3.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
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 Council
The Maine Climate 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 the State's energy sector;
(6) One member to represent the State's Indian 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 focused 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 climate change resilience and adaptation, emergency management or disaster risk reduction;
(14) One member to represent the State's youth; and
(15) Two other government or public members.
Legislative members of the council, the subcommittee under subsection 6 and the working groups under subsection 7 are entitled to receive the legislative per diem, as defined in Title 3, section 2, and reimbursement for travel and other necessary expenses for their attendance at meetings of the council, the subcommittee and the working groups. Public members of the council not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement for travel and other necessary expenses only. Public members of the subcommittee and the working groups are not entitled to receive reimbursement of any expenses.
The Governor's Office of Policy and Management shall provide staffing services as necessary to the council, the subcommittee and the working groups. The departments and agencies referenced in subsection 1, paragraphs D through Q shall provide additional staffing services to the council, the subcommittee and the working groups, as necessary and as resources allow and when the expertise of the departments or agencies is relevant to the work for which the additional staffing services are required.
The President of the Senate shall appoint as a member of the subcommittee a member of the Senate, and the Speaker of the House of Representatives shall appoint as a member of the subcommittee a member of the House of Representatives and, at the request of the cochairs of the council, either presiding officer may appoint additional legislators as members of the subcommittee from their respective chamber of the Legislature, except that the President and the Speaker shall ensure that both of the 2 political parties holding the most seats in the Legislature are represented in their appointments to the subcommittee under this subsection. The cochairs of the council shall appoint as additional members of the subcommittee persons with scientific backgrounds, training and expertise relating to the purposes for which the subcommittee is established. From among these appointed members of the subcommittee, the cochairs of the council shall designate 2 cochairs of the subcommittee.
In carrying out its duties, the subcommittee:
The President of the Senate shall appoint as a member of each working group a member of the Senate, and the Speaker of the House of Representatives shall appoint as a member of each working group a member of the House of Representatives and, at the request of the cochairs of the council, either presiding officer may appoint additional legislators from their respective chamber of the Legislature as members of any working group, except that the President and the Speaker shall ensure that both of the 2 political parties holding the most seats in the Legislature are represented in their appointments to each working group under this paragraph. The cochairs of the council shall appoint as additional members of each working group representatives of scientific and academic institutions, affected and involved businesses and industries, nonprofit organizations and foundations, the State's youth and federal, state and local governments and agencies. From among these appointed members of each working group, the cochairs of the council shall designate 2 cochairs for that working group.
Each working group shall meet at least every 6 months, beginning no later than October 1, 2019 and shall establish at the working group's first meeting each calendar year an annual work plan.
The council shall meet at least every 3 months, beginning no later than October 1, 2019, and shall establish at its first meeting each calendar year an annual work plan.
The council shall include in the report required under subsection 10 a list of the amounts and sources of any funds accepted by the council in the prior calendar year, excluding those funds appropriated or allocated by the Legislature, and an indication of whether such outside funds were expended in the prior calendar year and, if expended, the purpose or purposes of the expenditure.
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 department The department, in consultation with the Maine Climate Council, established under section 577-A, 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 , after consultation with the council, 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 department, in consultation with the council, 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 report required under this section, and 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. 13. Appropriations and allocations. The following appropriations and allocations are made.
LEGISLATURE
Legislature 0081
Initiative: Appropriates funds for the costs to the Legislature for legislators to participate on the Maine Climate Council, the Council's Scientific and Technical Subcommittee and the Council's working groups.
GENERAL FUND | 2019-20 | 2020-21 |
Personal Services
|
$1,320 | $1,210 |
All Other
|
$3,360 | $3,080 |
GENERAL FUND TOTAL | $4,680 | $4,290 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment changes the title of the bill, adds an emergency preamble and emergency clause and makes the following additional changes to the bill.
1. It removes from the bill provisions regarding requirements for the consumption of electricity from renewable resources.
2. It stipulates an interim greenhouse gas emissions reductions level to be achieved by January 1, 2040, requiring by such date that the greenhouse gas emissions reductions be on a trajectory sufficient to achieve the 2050 annual emissions reductions level in the bill.
3. It clarifies the rule-making authority concerning compliance rules for the greenhouse gas emissions reductions levels required under the bill, specifying that the rules are to be adopted by the Board of Environmental Protection rather than the Department of Environmental Protection and that the rules must be consistent with the updated climate action plan and must be fair and equitable and account for and give significant weight to greenhouse gas emissions reductions already achieved by various sectors.
4. It requires the State's climate action plan update to include development of a clean energy economy transition plan.
5. It amends the Maine Climate Change Council, which is proposed in the bill, as follows.
6. It makes a number of other clarifications and technical changes to the bill.