LEGISLATIVE UPDATE: SUCCESSES

BY MEGAN DIVER, MEMA VICE PRESIDENT

The Second Regular Session of the 131st Maine Legislature adjourned sine die Friday, May 10, 2024. Pursuant to the Constitution of Maine, Article IV, Part Third, Section 16, the general effective date for nonemergency laws passed in the Second Regular Session of the 131st Legislature is Friday, August 9, 2024.

Successes

Recap of the First Session

LD 319 AN ACT TO AMEND MAINE'S UNDERGROUND OIL STORAGE TANK LAWS

Public Law, Ch. 16

This law removed the 10-year limitation on underground oil storage tanks, allowing doublewalled tanks to continue in service indefinitely as long as the same testing requirements are satisfied.

LD 755 AN ACT TO PROMOTE HIGHER BLENDS OF BIOFUEL BY REGULATING THE SALE OR TRANSFER OF BIOFUELS

Public Law, Ch. 43

This law amended the definitions applicable to the sale of biodiesel, biomass-based diesel, biomassbased diesel blends, and biodiesel blends to meet the requirements of the most recent ASTM standards.

LD 1479 RESOLVE, DIRECTING THE PUBLIC UTILITIES COMMISSION TO CONVENE A STAKEHOLDER GROUP REGARDING LIQUEFIED PROPANE GAS SYSTEMS AND THE SO-CALLED DIG SAFE LAW

Resolve, Ch. 41

This resolve directed the Public Utilities Commission to convene a stakeholder group to discuss the provisions in law related to the "Dig Safe Law." The resolve directed the commission to submit a report summarizing the stakeholder group's discussion and any recommended legislation to the Second Regular Session of the 131st Legislature.

Successes

Recap of the Second Session

LD 2245 AN ACT TO CLARIFY THE DEFINITION OF "UNDERGROUND FACILITY" AND REDUCE ADMINISTRATIVE BURDENS UNDER THE SO-CALLED DIG SAFE LAW

Public Law, Ch. 572

This new law greatly reduces the administrative burdens associated with participation in the Dig Safe system without compromising safety. With the passage of LD 2261, you are not required to register the liquefied propane gas systems underground pipes that are located on a residential lot if:

• The residential lot has no more than one structure connected by underground pipes to the propane gas distribution system.

• The structure that is connected by underground pipes to a propane gas distribution system contains no more than two dwelling units. AND

• Propane gas tank is located 25 (Twenty-Five) feet or less from that structure.

LD 2261 AN ACT DESIGNATING NEW MOTOR VEHICLE EMISSIONS RULES AS MAJOR SUBSTANTIVE RULES

Public Law, Ch. 624

This bill provides that rules adopted by the Department of Environmental Protection regarding new motor vehicle emission standards, including rules to establish zero-emission requirements, are major substantive rules. It also provides that proposed rules before the Board of Environmental Protection on or after January 1, 2024, to incorporate the requirements of California's Advanced Clean Cars II regulation and California's Advanced Clean Trucks regulation are major substantive rules.

These laws are in effect August 9, 2024.

BIG WINS

Recap of the First Session

LD 105 AN ACT TO PROHIBIT MINIMUM USAGE OR TANK RENTAL FEES FOR CERTAIN PROPANE

This bill would have prohibited retail sellers of propane gas from charging customers who purchase propane gas for the sole purpose of powering residential backup power generators a minimum use fee or a tank rental fee that is based on usage. This would have been detrimental to MEMA's propane members. After a divided report from the committee, we prevailed and killed the bill when it came up for a vote in the House and Senate.

Big Wins

Recap of the Second Session

LD 1215 FLAVORED TOBACCO BAN

Our efforts on this issue prevailed again! MEMA continues to work with stakeholders on the banning of flavored tobacco products, as we expect to see this again in the future.

LD 2157 AN ACT TO PROHIBIT TOBACCO SALES NEAR SCHOOLS

This bill would have prohibited a convenience store from selling tobacco. The distance changed a number of times in committee but eventually died when the Senate voted against the bill.

BEP ELECTRIC CARS AND TRUCKS MANDATE

MEMA worked as a founding member of the Mainers for Smart Energy Coalition to oppose California's Advanced Clean Cars II Program and the California Advanced Clean Trucks rule for two years. There were many proponents and opponents who shared comments orally on the proposed rule and in front of the Board of Environmental Protections. Even more were submitted in writing. There were four separate public hearings on the issue, all lengthy. The BEP Board Chair, Susan Lessard, said that over 1,100 comments were submitted and that this was by far the most comments she has ever seen submitted on an issue facing the BEP. BEP voted against both of these proposals. Upsetting to many environmental groups, but a big win for MEMA and the industry.

Next Session

MEMA will continue in the off-session to build and grow our relationships with legislators. This is important behind-the-scenes work to prepare for another successful session.

We have started to examine potential legislation to submit, including energy choice. We look forward to discussing it at the September Board meeting.