An Act To Establish a Green New Deal for Maine

As Congress considers “Green New Deal” resolutions sponsored by Representative Alexandria Ocasio-Cortez and Senator Ed Markey, some state legislators are proposing their own Green New Deal concepts. Newly-released legislation under consideration by the Maine State Legislature would establish a "Green New Deal for Maine". Here's a look at the bill known as LD 1282, An Act To Establish a Green New Deal for Maine.

LD 1282 includes four main parts:

• Part A amends the law establishing Maine's renewable portfolio standard, to require that by 2040, each competitive electricity provider must demonstrate that at least 80% of its portfolio of supply sources for retail electricity sales in Maine is accounted for by renewable resources. Part A also revises Maine's statutory goals for reduction of greenhouse gas emissions to include a long-term goal of reducing emissions to 75% to 80% below 2003 levels by 2040.
• Part B establishes an 11-member "Task Force for a Green New Deal" to create a plan to advance environmental sustainability, renewable energy and economic growth for Maine. The law would require the plan to include a strategy to achieve the increased renewable portfolio standard specified in Part A, plus a strategy for job creation, retention, and training, and a residential energy strategy, each meeting certain defined criteria.
• Part C requires the Public Utilities Commission and the Efficiency Maine Trust to propose legislation to establish a voluntary, virtual net metering program to facilitate the installation of solar photovoltaic energy systems on kindergarten to grade 12 public school buildings, with the program to begin no later than December 31, 2021.
• Part D creates a new 13-member "Commission on a Just Transition to a Low-carbon Economy" to ensure that Maine's transition to a low-carbon economy "benefits all residents fairly and equitably, with consideration for their sources of employment, levels of income and historical experience." The new Commission would be required to submit an annual report examining "principles of environmental justice, information about income inequality as it relates to environmental harm, professional training opportunities and investments and racial-specific and ethnic-specific effects of past, present and future trends in energy production and consumption", as well as options for accelerating the transition to beneficial electrification in the rail and automotive sectors.

LD 1282's prime sponsor is Representative Chloe Maxmin. The bill is co-sponsored by Senators Shenna Bellows and Justin Chenette, and Representatives Seth Berry, Jeffrey Evangelos, Allison Hepler, Craig Hickman, and Henry Ingwersen. The bill has been referred to the legislature's Joint Standing Committee on Energy, Utilities and Technology. As of March 13, 2019, the committee had not yet scheduled a public hearing on the bill.

Other states are considering their own Green New Deals through executive and legislative action. In January 2019, New York Governor Andrew Cuomo announced his inclusion of a state-level "Green New Deal" in New York's 2019 executive budget; the Connecticut General Assembly is considering H.B. 5002, An Act Concerning the Development of A Green New Deal; and the Rhode Island House considered a resolution (H.R. 5665) to study the benefits of a Green New Deal for Rhode Island. While the details vary from state to state, common themes in these initiatives include increasing renewable electricity requirements, reducing carbon emissions, and promoting jobs and social welfare.

Considering a Green New Deal

Will 2019 bring a "Green New Deal" for the U.S. or individual states?

President Franklin D. Roosevelt championed the original "New Deal" in the 1930s, as a series of federal reforms and measures designed to lift the U.S. economy out of the Great Depression. The First New Deal included banking and securities law reforms, funding for emergency relief operations by states and cities, and a Civil Works Administration. Later in the Roosevelt administration, a Second New Deal included labor law reforms, significantly increased federal employment through the Works Progress Administration jobs relief program, and the Social Security Act, among other measures.

More recently, the notion of a "Green New Deal" has emerged from a variety of sources. While the details of what constitutes a Green New Deal vary depending on the proponent, the basic concept most proposals have in common is a significant investment in clean energy to spur employment and revenue. For example:

• Mark Hertsgaard's 1998 book Earth Odyssey culminated with his vision of a "Global Green Deal" to transform global economies based on the New Deal.
• New York Times columnist Thomas Friedman has been credited with coining the "Green New Deal" phrase in a pair of opinion pieces in 2007. At the time, Friedman envisioned the government as "not funding projects, as in the original New Deal, but seeding basic research, providing loan guarantees where needed, and setting standards, taxes and incentives" to spawn business opportunities in clean power.
• In his 2008 presidential campaign, President Obama proposed addressing the nation's economic crisis by using green investments to promote new jobs, and the 2009 stimulus act included substantial measures along these lines which have been called a Green New Deal.
• In 2009, a United Nations program published a report calling for a "Global Green New Deal," again seeking transformation of global economies through investment in clean energy, systems and infrastructure.

The idea of a Green New Deal has again found some traction in 2019, although the details of what might be included remain unclear, as does the likelihood of its adoption. In 2018, as part of her successful campaign, now-Representative Alexandria Ocasio-Cortez proposed a federal "Green New Deal" to address climate change. While the concept does not appear to have been fully embraced by Congress, state legislation proposing state-level Green New Deals has started to arise. For example, Maine state Representative Chloe Maxmin has proposed a bill whose title has been published as LR 1034, "An Act To Establish a Green New Deal for Maine."

Whatever ultimate fate these proposals meet, the concept of stimulating the economy and improving environmental performance through investment in clean energy and other green infrastructure projects will likely remain on the table for the foreseeable future. Legislatures and policymakers will be faced with challenges and opportunities in crafting measures that will succeed, in terms of both enactment and actually making a difference. If nothing else, 2019 will bring continued discussion across all levels of government about how best to move the U.S. and individual states forward.

Energy issues in Maine's 2019 legislative requests

With the 129th Maine Legislature convened for its first regular session, the Office of the Revisor of Statutes has released a list of the titles of proposed legislation timely submitted by legislators. While the text of most of these legislative requests has not yet been publicly released, the preliminary list of working titles of over 2,000 precloture legislator bills suggests the scope of issues that will come before the Maine State Legislature in 2019. On energy matters, themes emerging from this list include reforms to Maine's renewable portfolio standard; efforts to reduce greenhouse gas emissions; incentives for microgrids, renewable energy and electric vehicles; and changes to energy efficiency standards for most newly constructed buildings.

Based on the working titles and legislative committee assignments, a number of bills will propose changes to Maine's renewable portfolio standard or other laws regarding renewable energy. Among others, these bills could include:

• LR 26, An Act To Update Maine's Renewable Energy Policy (Spkr. Gideon of Freeport)
• LR 82, An Act To Update the State's Renewable Energy Goals (Rep. Berry of Bowdoinham)
• LR 119, Resolve, To Establish a Working Group To Develop a Stand-alone Renewable Energy Certificate Program for the Biomass Industry (Sen. Carpenter of Aroostook)
• LR 403, An Act To Diversify Maine's Energy Portfolio with Renewable Energy (Rep. Hubbell of Bar Harbor)
• LR 845, An Act To Encourage the Use of Renewable Energy (Sen. Lawrence of York)
• LR 872, An Act To Extend to December 31, 2020 the Deadline for Community-based Renewable Energy Projects To Become Operational (Rep. Higgins of Dover-Foxcroft)
• LR 1034, An Act To Establish a Green New Deal for Maine (Rep. Maxmin of Nobleboro)
• LR 1123, An Act To Repeal the 100 Megawatt Limit on Power Generation (Rep. Hanley of Pittston)
• LR 1405, An Act To Clarify the Definition of "Renewable Capacity Resource" (Rep. Babine of Scarborough)
• LR 1431, An Act To Study Transmission Solutions To Enable Renewable Energy Investment in the State (Rep. Berry of Bowdoinham)
• LR 1470, An Act To Modernize Maine's Renewable Portfolio Standard (Sen. Lawrence of York)
• LR 1558, An Act To Increase Maine-based Energy Sources (Pres. Jackson of Aroostook)
• LR 1616, An Act To Reform Maine's Renewable Portfolio Standard (Sen. Vitelli of Sagadahoc)
• LR 1803, An Act To Benefit Maine Consumers, Businesses and Communities through Expanded Renewable Energy (Sen. Dow of Lincoln)

Other bill titles suggest possible proposed changes to other aspects of Maine's renewable policy, such as Maine's version of net metering or rules governing community solar projects:

• LR 15, An Act To Eliminate Gross Metering (Rep. Berry of Bowdoinham)
• LR 299, An Act To Replace Net Energy Billing with a Market-based Mechanism (Rep. O'Connor of Berwick)
• LR 404, An Act To Protect Ratepayers from Gross-metering Costs (Rep. Hubbell of Bar Harbor)
• LR 535, An Act To Eliminate the Cap on Solar Energy Generation Farms (Sen. Miramant of Knox)
• LR 536, An Act To Require Transmission and Distribution Utilities To Purchase Electricity from Renewable Resources at Certain Prices (Sen. Miramant of Knox) 
• LR 1259, An Act To Eliminate Restrictions on Community Solar Projects (Rep. Higgins of Dover-Foxcroft)
• LR 1621, An Act To Expand Community-based Solar Energy in Maine (Sen. Sanborn of Cumberland)

Several more bill titles appear designed to expand opportunities for microgrids or other local private sales of electricity:

• LR 18, An Act To Allow Microgrids That Are in the Public Interest (Rep. Devin of Newcastle)
• LR 213, An Act To Authorize Businesses Located Adjacent to Electric Power Generators To Obtain Power Directly (Rep. Campbell of Orrington)
• LR 1464, An Act To Allow the Direct Sale of Electricity (Sen. Woodsome of York)

Beyond a direct focus on renewable energy, several bill titles address Maine's participation in the Regional Greenhouse Gas Initiative or efforts to reduce fossil fuel use:

• LR 254, An Act To Develop a State Energy Plan To Provide a Pathway to a Fossil-free Energy Portfolio (Rep. Devin of Newcastle)
• LR 1493, An Act To Ensure the Regional Greenhouse Gas Initiative Trust Fund Continues To Promote Energy Efficiency and Benefit Maine Ratepayers (Rep. Wadsworth of Hiram)

At least three bill titles call for increased incentives for electric vehicles:

• LR 862, An Act To Provide Purchase Rebates for Battery Electric Vehicles and Fuel Cell Electric Vehicles (Rep. Ingwersen of Arundel)
• LR 1380, An Act To Encourage Municipalities, State Agencies, Colleges and Universities To Adopt Electric Vehicles (Rep. Ingwersen of Arundel)
• LR 1687, An Act To Create an Electric Vehicle Tax Credit (Sen. Chenette of York) 

At least five bill titles address the Maine Uniform Building and Energy Code:

• LR 561, An Act To Amend the Maine Uniform Building and Energy Code (Rep. Kessler of South Portland)
• LR 537, An Act To Strengthen the Maine Uniform Building and Energy Code (Rep. Caiazzo of Scarborough)
• LR 619, An Act Regarding the Maine Uniform Building and Energy Code (Rep. Ingwersen of Arundel)
• LR 866, An Act To Amend the Laws Governing the Maine Uniform Building and Energy Code (Rep. Rykerson of Kittery)
• LR 1743, An Act Regarding the Application and Administration of the Maine Uniform Building and Energy Code (Rep. Fecteau of Biddeford) 

Experience suggests that most of these legislative requests will result in printed bills, and will be given public hearings before legislative committees before votes by the House and Senate.