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Energy-efficient Buildings

Kid-safe Products

Alewives in the St. Croix

Promoting Wind Power

Curbing Coal Pollution

Curbing Sprawl Through Redevelopment

Defeating Harmful Bills

Other Bills of Interest

The votes have been counted. Lawmakers have left Augusta.
We can now sit back and assess the legislative session. And what a session is was. Several measures to protect Maine people and our environment required more work than they should have, but we ultimately prevailed on nearly every priority bill. Three big victories are worth special attention:

Big win for energy efficiency. Lawmakers gave final approval to a bill establishing energy efficiency building standards for new residential homes. Passage of the bill required a major lobbying effort, including emails and phone calls from many of you! We won by only a one vote margin in a key Senate vote. Click here to read more.

Big win for reducing toxic pollution. High drama also surrounded efforts to pass a bill to protect children from toxic chemicals in toys and consumer products. The measure was endorsed by a broad-based coalition ranging from the Maine Medical Association to local toy stores and Maine-based manufacturers. A united front in the face of more than two dozen out-of-state lobbyists, combined with your phone calls to your elected officials, resulted in victory. Now Maine takes a big step forward to systematically identify and eliminate toxic chemicals in consumer products. For the full report, click here.

Big win for wind power. We also are pleased with passage of legislation implementing recommendations of the Governor’s Task Force on Wind Power Development in Maine. The Legislature acted with one voice in strong support for ambitious goals for wind power and improved regulations. Click here for more.

In addition to these successes, we had many others as well, along with a disappointment or two, especially the outcome on a bill to restore alewives to the St. Croix River. Click here for other news.

View the grades NRCM awarded legislation this session.

The 2008 Legislative Session was marked by big coalitions, broad-based citizen involvement, and lots of hard work. Working with legislative champions, coalition partners, and people who care enough about Maine’s environment to keep the pressure on, NRCM made important additions to Maine’s laws to keep Maine a special place. A very special thanks also go to you, our members and supporters, because it is you who enable NRCM to fight the good fight, and win – for our environment and for future generations.

Sincerely,

Pete Didisheim
Advocacy Director

Highlights from the 2008 Legislative Session

Energy Efficient Buildings - A

Maine has been the only state in New England and one of 10 nationwide that has not required new homes to meet minimum energy performance standards. A voluntary energy code established a few years ago has been totally ineffective. According to the Public Utilities Commission, only 15 percent of the thousands of new homes built in Maine since 2005 meet basic energy efficiency standards. At a time when energy costs are soaring, Maine homeowners have been purchasing new houses that waste energy. Now we will do better, as a result of passage of “An Act to Establish a Uniform Building and Energy Code” (LD 2257), which creates uniform building and energy codes in Maine.
The bill, which became LD 2257 “An Act to Establish a Uniform Building and Energy,” earned support from a broad coalition, including 25 environmental organizations, the Homebuilders Association of Maine, Associated General Contractors, U.S. Green Building Council, and Maine Lung Association. Maine Municipal Association (MMA) strongly objected to making the uniform building and energy codes mandatory and worked hard to try and defeat it. MMA argued that voluntary compliance, and not mandatory enforcement, would be sufficient. Fortunately, legislators recognized that a voluntary code would not work.

“Now more then ever, we should be building new homes that conserve energy,” said NRCM Clean Energy Project Leader Dylan Voorhees. “This legislation will save money for homeowners and help reduce energy use at a time when energy costs are taking a bigger and bigger bite out of our pocketbooks.”

The new codes apply to residential homes built in towns of 2,000 or larger. Enforcement begins in June 2010. Training and certification will be provided for inspectors, and towns can choose to use third-party inspectors.

Protecting Children From Toxics - A

In the final 24 hours of the legislative session, lawmakers in the Maine House and Senate voted overwhelmingly in support of LD 2048, a bill to protect children’s health from harmful chemicals in everyday consumer products (129-9 in the House, 35-0 in Senate). With passage of “An Act to Protect Children’s Health and the Environment from Toxic Chemicals in Toys and Children’s Products,” Maine will reduce exposure of children and others to chemicals of high concern by requiring safer alternatives when feasible. This is huge accomplishment puts Maine at the forefront of states tackling the problem of toxic chemicals in consumer products.

During our testimony in support of LD 2048, we pointed to a tall pile of reports (21 in all) by the General Accounting Office issued over the past three decades, all reaching the same conclusion: federal law is failing to adequately protect the public from the risks of hazardous chemicals in commercial products. The EPA lacks the regulatory authority to insist that toxics be kept out of consumer products, and self-regulation by the chemical and manufacturing industries is clearly not working. All of the news stories about hazardous chemicals in children’s products prove this point.

As a result, states are taking the issue into their own hands. Maine was one of 11 states pursuing chemical policy reform measures this year, and we are one of the first to enact a new law. The coalition in support of LD 2048 was made up of 70 diverse groups and included the Maine Medical Association, American Academy of Pediatrics, the Roman Catholic Diocese of Portland, labor groups, local toy stores and Maine-based manufacturers such as Interface Fabrics and Toms of Maine, and others. We succeeded despite a barrage of out-of-state opponents including the American Chemistry Council, Johnson & Johnson, Merck & Co., Rite-Aid, and Kraft Foods.

“This was a great victory for Maine people and our environment,” said NRCM Toxics Project Leader Matt Prindiville. “The power of our coalition, concerned citizens, and science overwhelmed the intense lobbying effort from corporations who benefit from the existing broken regulatory system for chemicals in the marketplace. Lawmakers decided that Maine people and the environment should prevail.”

Restoring Alewives to the St. Croix - C

photo by Doug Watts

In one of our biggest disappointments of the legislative session, lawmakers failed to pass a bill to provide fish passage for native alewives (river herring) at two dams on the St. Croix River. Twenty years, ago the St. Croix had an annual population of more than 2.6 million alewives, but the annual alewife run crashed following a 1995 decision by the Maine Legislature to prevent alewives from passing at the Woodland and Grand Falls dams. Alewives are an important food source for many fish and wildlife including cod, haddock, trout, salmon, eagles, Osprey, and many mammals.

Closing of the river in the 1990s came as a result of intense pressure from bass fishing guides in Washington County who believed that growing numbers of sea-run alewives had caused the collapse of populations of smallmouth bass (a non-native fish) upstream. Since that time, peer-reviewed science has shown that alewives do not pose a threat to smallmouth bass in the St. Croix drainage.

The hearing on “An Act to Restore Alewives to the St. Croix” (LD 1957) lasted more than seven hours, with 54 people speaking out in support of the bill and only 34 opposed. Lobstermen, commercial fishermen, ecologists, and state agency representatives all expressed support for the original bill.

Opposition came from some Washington County lawmakers, guides, and Governor Nicholas of the Passamaquoddy Indian Township Reservation. In a surprising turn, Governor Baldacci reversed the Administration’s position in response to lobbying by Governor Nichols. This action undermined the original legislation and opened the door to a weakened bill that opens up only the lower Woodland dam. The original bill would have provided access to 52 percent of the spawning habitat available in the 1980s; opening the fish ladder only at Woodland will restore alewives to just 2.4 percent of that habitat.

Boosting Wind Power - A

In spring 2007, Governor Baldacci created a Task Force on Wind Power Development in Maine and charged the group with three goals: make Maine a leader in wind power development, protect Maine’s quality of place, and ensure that Maine people receive tangible benefits from wind power projects. After seven months of work, the Task Force in February presented its recommendations to the Governor, then worked with the Administration to craft legislation to implement the recommendations, and secured passage of the bill in the House and Senate during the final week of the session.

The new law establishes a goal of 2,000 megawatts (MW) of wind power in Maine by 2015 and 3000 MW by 2020. This level of wind power development would reduce our reliance on fossil fuels and help curb global warming pollution. The regulatory process for wind power projects will be improved, and the new law helps ensure that the right studies will be done and that projects are encouraged to be located in appropriate places.

“Wind power can deliver important benefits to Maine, including economic benefits, increased energy independence, and reduced environmental impacts,” said NRCM Advocacy Director Pete Didisheim, who served on the Task Force representing NRCM. “Maine has the good fortune of having strong winds that can be tapped to produce electricity. This bill will help make a true leader in renewable energy, not just in New England but in the entire eastern United States.”

Curbing Coal Pollution - A

The Town of Wiscasset had a scare last year when a Connecticut-based real estate developer announced plans for a massive coal gasification plant to be located near the site of the former Maine Yankee nuclear power plant. The proposed coal facility would have converted coal to liquid diesel and also generated electricity. But the environmental impacts would have been large, including a big increase in Maine’s carbon dioxide emissions and threats to the safety of local fishermen and lobstermen from massive coal barges arriving up the Sheepscot River almost daily. Moreover, the coal likely would have come from Appalachia, where mountain-top removal mining has destroyed the landscape. The citizens of Wiscasset last November rejected a zoning amendment sought by the company, but the developer suggested that he might come back.

The Legislature took an important step forward to slow any arrival to Maine of a coal gasification plant, by enacting “An Act to Minimize Carbon Dioxide Emissions from New Coal-powered Industrial and Electrical Generating Facilities in the State” (LD 2126). The new law establishes a three-year moratorium on construction of a coal gasification facility in Maine and directs the Department of Environmental protection to develop appropriate emission standards for any such plant. Coal gasification may be an important energy generation technology in the future, but climate scientists agree that carbon emissions from such plants must be captured and sequestered. “Maine does not have the type of underground geological formations contemplated for carbon sequestration,” said NRCM Clean Energy Project Director Dylan Voorhees. “So we are pleased that lawmakers took a stand against coal plants that would worsen the problem of global warming.”

Curbing Sprawl - B+

Downtown Augusta. Photo by Jessica Griffin

Given the major budget shortfall facing lawmakers this year, it was a difficult session for initiatives that require investment. But a broad-based, bipartisan coalition succeeded in renewing Maine’s tax credit for renovations of historic properties. The legislation (LD 262) will help curb sprawl and can contribute to downtown revitalization. With funding available for a state historic tax credit, developers will have a new incentive to redevelop and restore historic buildings that otherwise might sit vacant—and be lost over time.

Many different funding options were explored, including the idea of increasing the real estate transfer tax on the sale of homes valued at more than $1 million. This approach failed to garner necessary support, and the Legislature instead decided to utilize a portion of the revenues generated from the existing real estate transfer tax. Because the diverted funding likely would have been used by the Maine State Housing Authority for affordable housing, developers will be required to provide a certain amount of new, affordable housing as part of any eligible project. The final compromise funding approach earned support from the director of the Maine State Housing Authority but was controversial among some. “NRCM is pleased that this program was funded, because it will help boost development within our towns and lessen pressure for sprawl, but we do wish that another funding source had been found,” said NRCM Advocacy Director Pete Didisheim.

Defeating Harmful Bills - B-

Composting Bill Defeated Maine’s largest industrial organic composting facility sought legislative approval again for a bill to transfer water quality oversight for composting operations from Maine’s Department of Environmental Protection to the Department of Agriculture. Passage of such a bill would have set a terrible precedent. The operation in question has severely polluted a stream adjacent to its facility and is simply hoping to avoid complying with the law. Members of the Natural Resources Committee blocked the late-session harmful bill.

Dioxin Monitoring Program Slashed The Legislature weakened the monitoring program established in 1997 to help ensure that Maine’s paper mills are not releasing dioxin into our rivers. The program previously was funded at a level up to $250,000 annually, with fees paid by the paper mills. This level allowed for a comprehensive funding effort, but lobbyists for the paper companies were able to get annual funding slashed to no more than $10,000 per year, resulting in a collapse of this program.

Hunting Bill Sets Bizarre Precedent The Legislature enacted a bill directing that there be no net loss of public land in Maine that is open to hunting. The bill specifically relates to public land managed by Maine’s Department of Inland Fish and Wildlife. What comes next? No net loss in trails, areas open for bird watching, or picnic grounds? This bill had symbolic importance for some organizations, but set a bad precedent for land management.

Other Bills of Interest

Anti-Idling Measures for Commercial Vehicles Maine will join with New Hampshire, Massachusetts, and Connecticut in restricting commercial vehicles from letting their engines idle. Supported by NRCM, the Maine Truckers Association, Maine Lung Association, Central Maine Power, and Rite Aid, among others, the new law will improve air quality by imposing fines on drivers of certain commercial vehicles if they allow their vehicles to idle more than five minutes per hour. (LD 2056)

Extending Amtrak Service The Downeaster Amtrak service will be extended from Portland through Freeport to Brunswick, with service expected to begin in 2010. This outcome stemmed from a bill to implement recommendations of the Governor’s Task Force on Passenger Rail Funding (LD 2019). The necessary funding will come from a $30 million low-interest federal loan to the State of Maine that will be paid back by tapping 50 percent of the tax that currently is collected on rental cars.

Curbing Pollution from Outdoor Wood Boilers The Legislature approved new regulations (LD 2009) that will govern the sale and use of outdoor wood boilers. The rules establish emission standards, setbacks, and stack heights requirements, and also define allowable fuels and nuisance conditions. These regulations should prevent public health and nuisance problems arising from the sale and installation of new outdoor wood boilers. The legislature also created an Outdoor Wood Boiler Fund (LD 2263) for the purpose of upgrading, purchasing, and replacing existing wood boilers that are causing a public health nuisance. Funding could come from a variety of sources.

Protecting Children from Lead Pollution (LD 2218, 2172, 2053) The legislature took several actions this year to protect children from exposure to lead, which can cause learning disabilities and other health problems. One measure (LD 2218) will ensure that educational materials are provided at paint stores about the risks of sanding or scraping paint in dwellings built before 1978, when lead-based paint was phased out. The new law calls for creation of a registry of leased residential dwellings built before 1978 that have been certified as lead-safe. Another bill (LD 2172) directs the Maine Center for Disease Control and Prevention (CDC) to identify areas of Maine where there is a high-risk of children having elevated blood lead levels due to exposure to lead-based paint in older homes. The CDC will attempt to achieve universal blood level screening in these high-risk areas. The Legislature also banned the sale of toys in Maine that contain lead, effective July 1, 2009 (LD 2053).

Promoting Wind Power on Swans Island The cost of electricity on Maine’s islands is extremely high, and the people of Swans Island (off Mt. Desert Island) are hoping to reduce costs through wind power. To help boost the economic viability of a community-scale wind power project, the Legislature enacted a bill (LD 2041) that enables the Swans Island Electric Cooperative to sell a limited amount of wholesale electricity generated on the island. Such sales would reduce the cost of retail electricity service.