Maine Revised Statutes Title 38 Sec. 576-A – Greenhouse gas emissions reductions
Current as of: 2023 | Check for updates
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1. 2030 annual emissions level. By January 1, 2030, the State shall reduce gross annual greenhouse gas emissions to at least 45% below the 1990 gross annual greenhouse gas emissions level.
[PL 2019, c. 476, §7 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 576-A
- Climate action plan: means the state plan adopted under section 577. See Maine Revised Statutes Title 38 Sec. 574
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Greenhouse gas: includes , but is not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. See Maine Revised Statutes Title 38 Sec. 574
- Gross annual greenhouse gas emissions: means the total amount of greenhouse gases emitted by all sources within the State each year. See Maine Revised Statutes Title 38 Sec. 574
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Net annual greenhouse gas emissions: means gross annual greenhouse gas emissions less the total amount of greenhouse gases absorbed each year by plants and natural ecosystems, including, but not limited to, trees, crops, soil and wetlands within the State. See Maine Revised Statutes Title 38 Sec. 574
- Sector: means one of the 5 sectors identified in the climate change action plan adopted by the Conference of New England Governors and Eastern Canadian Premiers in August 2001. See Maine Revised Statutes Title 38 Sec. 574
- Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Interim emissions level. By January 1, 2040, the gross annual greenhouse gas emissions level must, at a minimum, be on an annual trajectory sufficient to achieve the 2050 annual emissions level in accordance with subsection 3.
[PL 2019, c. 476, §7 (NEW).]
2-A. Carbon neutrality. Beginning January 1, 2045, net annual greenhouse gas emissions may not exceed zero metric tons.
[PL 2021, c. 517, §1 (NEW).]
3. 2050 annual emissions level. By January 1, 2050, the State shall reduce gross annual greenhouse gas emissions to at least 80% below the 1990 gross annual greenhouse gas emissions level.
[PL 2019, c. 476, §7 (NEW).]
4. Monitoring, reporting and compliance rules. By July 1, 2021, the department shall adopt rules to track and report to the Legislature on gross annual greenhouse gas emissions and net annual greenhouse gas emissions.
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:
A. Must be consistent with the climate action plan, as updated pursuant to section 577, subsection 1; [PL 2019, c. 476, §7 (NEW).]
B. Must prioritize greenhouse gas emissions reductions by sectors that are the most significant sources of greenhouse gas emissions, as identified by the United States Energy Information Administration and in the department’s biennial reports submitted under section 578, taking into account gross greenhouse gas emissions reductions achieved by each sector since 1990 measured as a percentage of statewide gross greenhouse gas emissions and taking into account the cost-effectiveness of future gross greenhouse gas emissions reductions by each sector; [PL 2019, c. 476, §7 (NEW).]
C. Must be fair and equitable and account for and give significant weight to greenhouse gas emissions reductions already achieved by various sectors; and [PL 2019, c. 476, §7 (NEW).]
D. May establish a mechanism for crediting voluntary measures that quantifiably and reliably sequester additional carbon in forests, farms and coastal lands in the State or by the use of materials that sequester additional carbon. [PL 2019, c. 476, §7 (NEW).]
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.
[PL 2019, c. 476, §7 (NEW).]
5. Annual report. On or before February 15, 2024, and annually thereafter, the Department of Transportation shall submit a report to the joint standing committees of the Legislature having jurisdiction over environment and natural resources matters and transportation matters regarding capital work plan investments designed to reduce greenhouse gas emissions associated with the Department of Transportation during the prior calendar year, including a summary of Department of Transportation-related greenhouse gas emissions associated with different sources and Department of Transportation-related greenhouse gas emissions associated with new road alignment construction activities during the prior calendar year.
[PL 2023, c. 234, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 476, §7 (NEW). PL 2021, c. 517, §1 (AMD). PL 2023, c. 234, §1 (AMD).