Resolve, To Require the State's Mitigation Plan under the Volkswagen Mitigation Trust Agreement To Include the Use of Maine-generated Nonfossil Fuel Sources

Whereas,  on October 25, 2016, the U.S. District Court for the Northern District of California approved the Volkswagen Partial Consent Decree between plaintiffs United States Environmental Protection Agency and the State of California and defendants Volkswagen AG, Audi AG, Volkswagen Group of America, Inc., and Volkswagen Group of America Chattanooga Operations, LLC, referred to in this preamble as "Volkswagen," to settle a complaint alleging violations of the federal Clean Air Act related to the operation of certain noncompliant Volkswagen and Audi diesel vehicles; and

Whereas,  Volkswagen admitted that software in certain Volkswagen diesel vehicles enables the vehicles' emission control module to operate emission control systems when undergoing emission testing but to render the emission control systems inoperative when not undergoing emission testing, resulting in emissions that exceed federal levels for nitrogen oxides when the vehicles are driven on the road; and

Whereas,  to fully mitigate the total lifetime excess nitrogen oxide emissions from certain noncompliant Volkswagen and Audi diesel vehicles, Volkswagen agreed to pay funds into the Volkswagen environmental mitigation trust to fund eligible mitigation actions within the United States and its territories; and

Whereas,  there are many noncompliant Volkswagen and Audi diesel vehicles registered in the State; and

Whereas,  in accordance with the terms of the Volkswagen Partial Consent Decree, the State may seek a portion of the Volkswagen environmental mitigation trust to fund specific eligible mitigation actions to mitigate the lifetime excess nitrogen oxide emissions in the State from the noncompliant Volkswagen and Audi diesel vehicles; and

Whereas,  it is the intention of the State to elect to become confirmed as a Volkswagen environmental mitigation trust fund beneficiary by timely filing of the necessary certifications; and

Whereas,  upon the trustee of the environmental mitigation trust confirming the State as a beneficiary under the Volkswagen Partial Consent Decree, the State will prepare and submit to the trustee the required beneficiary mitigation plan, which will describe the measures that the State intends to fund with the Volkswagen environmental mitigation trust proceeds, and will request funds from the trustee for specific eligible mitigation actions; now, therefore, be it

Sec. 1. Inclusion in the beneficiary mitigation plan. Resolved: That, in order to benefit the public at large, improve the air quality of the State and maximize the economic benefits to the State the beneficiary mitigation plan developed by the State to mitigate the lifetime nitrogen oxide emissions from noncompliant Volkswagen and Audi diesel vehicles must, to the extent possible, include the use of Maine-generated nonfossil fuel sources.

SUMMARY

This resolve requires that the beneficiary mitigation plan developed by the State to mitigate the lifetime nitrogen oxide emissions from noncompliant Volkswagen and Audi diesel vehicles must, to the extent possible, include the use of Maine-generated nonfossil fuel sources.