Sen. Brenner introduces landmark legislation to establish climate superfund
AUGUSTA — Yesterday, Sen. Stacy Brenner, D-Scarborough, introduced a landmark climate bill that would establish a climate superfund to help pay for environmental damages resulting from climate change in the state of Maine. LD 1870, “An Act to Establish a Climate Superfund Cost Recovery Program to Impose Penalties on Climate Polluters,” was the subject of a public hearing before the Joint Standing Committee on Environment and Natural Resources.
“We Mainers know firsthand that the climate crisis causes extreme weather events that are not only disruptive and deadly, but also expensive,” said Sen. Brenner. “LD 1870 ensures that the costs of climate disruption aren’t borne solely by Maine taxpayers, but rather are shared by the fossil fuel companies that helped create this crisis. It’s a fiscally responsible, common-sense approach that makes sure the biggest polluters finally pay their fair share. By putting a price on pollution, we are ensuring that climate resilience investment benefits are equitably distributed across Maine, and that we are giving our communities the tools they need to respond, adapt and become more prepared for what’s ahead.”
This legislation would require companies that have emitted more than 1 billion metric tons of greenhouse gas emissions between 1995-2024 to pay a one-time fee for the detrimental impacts caused by such emissions. LD 1870 would also require large fossil fuel companies and the largest polluters in the State to pay for critical projects that bolster Maine’s resiliency to dangerous climate impacts, such as flooding and extreme heat.
“LD 1870 presents this committee and this Legislature with the opportunity to shift the cost burden from the people of Maine to the parties chiefly responsible for those costs,” said Sean Mahoney of the Conservation Law Foundation in testimony in support of the bill. “[This legislation works to] assist Maine residents and businesses in preparing and responding to the damage associated with the severe storm events by providing a steady, long-term funding stream to continue to advance the important goal of creating more climate-resilient communities.”
LD 1870 proposes key investments, such as climate change adaptation projects and implementation of components of the State’s climate action plan, and requirements that 35% of the Superfund be used for climate adaptation projects in communities that have the most significant exposure to climate change — specifically rural, disadvantaged and low-income communities.
In recent news, the Governor’s Office of Policy Innovation and the Future announced the fifth round of Community Action Grants for projects via the Community Resilience Partnership including $56,077 to the Town of Gorham and $80,000 to the Town of Scarborough. The program issued grant awards to 96 proposals, supporting 108 communities and totaling $7.3 million. This is in addition to the total $39 million allocated via LD 1 as well as the $60 million storm relief package during the 131st Legislature.
In 2024, the Scarborough Town Council moved forward with a proposal to remove a shared roadway that crosses the Spurwink Marsh linking the towns of Scarborough and Cape Elizabeth due to routine floods during major storms. The removal of Sawyer Road/Street across the marsh in Scarborough and Cape Elizabeth is estimated to cost $2 million. The road will be removed in two phases between December 2026 and April 2027. Projects like this could potentially be addressed by the superfund.
LD 1870 faces a work session and further action in committee in the coming weeks.
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