SP0202
LD 640
Session - 129th Maine Legislature
C "A", Filing Number S-82, Sponsored by
LR 2042
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the resolve by striking out everything after the emergency preamble and before the emergency clause and inserting the following:

Sec. 1. Greenhouse gas emissions reductions study of NECEC project. Resolved: That, except as otherwise provided in this section, the Department of Environmental Protection, referred to in this section as "the department," shall commission a study in accordance with this section regarding the potential effect of the New England Clean Energy Connect project, as proposed by Central Maine Power Company and referred to in this section as "the NECEC project," on total greenhouse gas emissions across all jurisdictions interconnected with electricity generation and distribution systems operated by the Hydro-Quebec company. The study must be based on a modeling analysis over the proposed NECEC project contract period 2023 to 2042, with and without construction of the NECEC project, that incorporates appropriate assumptions on factors such as load growth, fuel costs, variation in dispatch of electricity among electricity markets, rainfall, electricity transmission constraints, addition and retirement of electric generation facilities and technology development. The findings of the study must be in a form that allows for comparison of greenhouse gas emissions effects, with and without construction of the NECEC project, to a benchmark of reducing greenhouse gas emissions in New England by 3.6 million metric tons per year.

1. Except as provided in subsection 3, the department shall enter into an agreement with an independent, nongovernmental organization with expertise in energy and environmental policy and analysis, referred to in this section as "the consultant," to conduct the study described in this section. The consultant shall submit to the department a final report regarding its findings no later than July 31, 2019. The selection of the consultant and the agreement to produce the study as required by this section are not subject to the competitive bid requirements of the Maine Revised Statutes, Title 5, chapter 155. The agreement must specify that, as necessary, the consultant is required to enter into agreements with other entities to conduct modeling or other analyses required for the study. The agreement must also require the consultant, with input from any entities that have been secured by the consultant to assist with modeling and analyses, to develop a scope of work and modeling assumptions to guide the study and to submit that scope of work and those modeling assumptions to the department to be submitted to the Joint Standing Committee on Environment and Natural Resources and to be posted on the department's publicly accessible website for a period of no less than 10 days. Within that period of time, a person may submit to the department written comments regarding the scope of work and modeling assumptions. The department shall submit all comments received to the consultant.

2. The department may accept funds from any source, public or private, to fund the costs of the study and report described in subsection 1, including, but not limited to, costs of the consultant in entering into agreements with other entities to conduct modeling or other analyses required for the study, and may only fund the costs of the study and report using outside funding received under this subsection. The department must deposit all funds received for these purposes into the Maine Environmental Protection Fund established in the Maine Revised Statutes, Title 38, section 351, and those funds must be segregated from other funds in that account and may be used only for these purposes.

3. On or before August 15, 2019, the department shall submit the final report prepared by the consultant under subsection 1 to the Joint Standing Committee on Environment and Natural Resources, except that, if the department, by August 15, 2019, fails to receive sufficient outside funding under subsection 2 to fund all costs necessary for completion of the study and report described in subsection 1, the department is not required to enter into an agreement with a consultant pursuant to subsection 1 or to submit a final report under this subsection and the 45-day prohibition on issuance of a permit, license or other approval relating to the NECEC project under subsection 4 does not apply. At least 7 days before submitting the report to the committee, the department shall post the report on the department's publicly accessible website. Within that period of time, a person may submit to the department written comments regarding the report. The department shall submit all comments received to the committee with the report.

4. Notwithstanding any other provision of law to the contrary, the department may not issue a permit, license or other approval relating to the NECEC project until at least 45 days after the department submits the final report prepared by the consultant in accordance with subsection 3, except that this subsection does not apply if the department, by August 15, 2019, fails to receive sufficient outside funding under subsection 2 to fund all costs necessary for completion of the study and report described in subsection 1 or, by August 15, 2019, fails to submit the final report to the Joint Standing Committee on Environment and Natural Resources in accordance with subsection 3.

For the purposes of this section, "greenhouse gas" has the same meaning as in the Maine Revised Statutes, Title 38, section 574, subsection 1.’

Amend the resolve by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment, which is the majority report of the committee, replaces the resolve and directs the Department of Environmental Protection to commission a study regarding the potential effect of the New England Clean Energy Connect, or NECEC, project, as proposed by Central Maine Power Company, on total greenhouse gas emissions across all jurisdictions interconnected with electricity generation and distribution systems operated by the Hydro-Quebec company. The findings of the study regarding greenhouse gas emissions effects, with and without construction of the NECEC project, must be presented in relation to a benchmark of reducing greenhouse gas emissions in New England by 3.6 million metric tons per year. The study, which is to be prepared by a consultant that is an independent, nongovernmental organization with expertise in energy and environmental policy and analysis, must be based on a modeling analysis that incorporates appropriate assumptions regarding load growth, fuel costs, variation in dispatch of electricity among electricity markets, rainfall, electricity transmission constraints, addition and retirement of electric generation facilities and technology development.

On or before August 15, 2019, the department is required to submit the final report prepared by the consultant to the Joint Standing Committee on Environment and Natural Resources. The department may not issue a permit, license or other approval relating to the NECEC project until at least 45 days after it submits to the committee the final report prepared by the consultant, except that this 45-day prohibition does not apply if the department fails to submit the final report to the committee on or before August 15, 2019.

The department may accept funds from any source, public or private, to fund the costs of the study and report and may only fund the costs of the study and report using outside funding received for those purposes. If the department, by August 15, 2019, fails to receive sufficient outside funding for the study, the department is not required to enter into an agreement with the consultant to complete the study or to submit a final report to the committee and the 45-day prohibition does not apply.

FISCAL NOTE REQUIRED
(See attached)


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