Sustainability and Transportation Committee

Regular Meeting

Portland, ME · April 8, 2026

Agenda

Packet

Sustainability& Transportation MEMBERS Committee Agenda Councilor Regina Phillips, Chair Councilor Pious Ali, At-Large April 8, 2026 at 5:00 PM Councilor Anna Bullett, District 4 The Sustainability and Transportation Committee will conduct this meeting remotely via Zoom . Allow your computer to install the free Zoom app to get the best meeting experience. If you are not able to attend live either in person or via Zoom, a recording will be available in the Agenda Center following the meeting. For public comment via Zoom, you will need to use the "raise your hand" feature. To raise your hand via the telephone, please hit *9. You will be unmuted by the host when it is time for public comment. https://portlandmaine- gov.zoom.us/j/84037714117?pwd=7GYGzIY eNTv8m9vkCusJH2ftHjWtVz.1 1. Review and approve minutes from March 11, 2026 a. minutes 2. Sustainability Program Updates a. Sustainability Program Updates b. Transportation Updates 3. Presentation and Discussion Public comment may be taken a. Consideration of raising the maximum fee licensed tow operators may charge. Presenter: Tony Wirkus Public comment will be taken b. Committee review: Adjusting Tariff 11 to incentivize cruise ships to use of low-sulphur fuel in port Presenter: Ethan Hipple No public comment will be taken Page 1 c. Committee review: Casco Bay Trail Presenter: Greg Jordan No public comment will be taken d. Committee Review: Climate Action Fund (Section 2 of City Code) Presenter: Troy Moon No public comment will be taken e. Report: Presentation of the Landcare Annual Report Presenter: Troy Moon No public comment will be taken 4. Other Business Page 2 CITY OF PORTLAND, MAINE Committee on Sustainability and Transportation Councilor Regina Phillips (D3), Chair Councilor Pious Ali (At-Large) Councilor Anna Bullett (D4) Draft Minutes March 11, 2026 Members Present: Councilor Ali, Councilor Bullett, Councilor Phillips, Staff Present: Greg Jordan, Troy Moon, Mike Murray, Jeremiah Bartlett, Nell Donaldson, Paul Bradbury, Tony Wirkus, Zach Powell, Karly Masucci Meyer The meeting was called to order. February 12, 2026, Meeting Minutes The February 12, 2026, meeting minutes were approved unanimously. Sustainability Program Updates Presented by Director of Sustainability, Troy Moon Director Moon provided updates from the Sustainability Office including the Council acceptance of a $10,000 in grant funding from the Casco Bay Estuary Partnership to support island residents with resilience planning. The funding will support a workshop at Great Diamond Island on Upland-to-Bluff Stability, all residents of all Casco Bay islands will be welcome. The Sustainability Office also hosted a two part webinar series designed to give Maine residents practical, actionable advice on how to understand their energy usage and save money. Jetport Operational Updates Presented by Paul Bradbury The following Jetport projects are in the final stages of design or under construction. ● Air Rescue and Fire Fighting (ARFF) 1,500 gallon truck Replacement: The Jetport placed in continuous service a new 2024 ARFF truck on April 21, 2025. The acquisition of this new ARFF vehicle provided an additional benefit by allowing the Jetport to transition from PFAS containing Aqueous Film Forming Foam to the new Fluorine Free Foam firefighting product. ● Gates 11, 12, & 14 Terminal Improvements, Loading Bridges, and Fixed Bridge Extensions: This $21.6 million project provides fixed walkways and three new passenger boarding bridges at the west end of the terminal building, new restrooms, an adult changing restroom, and a regulatory required service animal relief area. These new bridges eliminated the need for at grade ramp boarding and provide ADA compliant fully enclosed and conditioned boarding bridge connections to aircraft at gates 11, 12, and 14. ● Relocation of the Jetport Administration Offices, Operation Center, and new Airport Emergency Operations Center (AEOC): This project relocates the Jetport administrative Page 3 offices and the Jetport operations center to existing shell space over baggage claim. The relocation of the administrative offices and operations center, which are adjacent to the gate concourse, allows for the future expansion of passenger amenities (expanded concessions, additional restrooms, and a passenger lounge) within the gate concourse. These amenities include: expanded concessions, additional restrooms, and a passenger lounge. ● Surface Parking and Battery Energy Storage System (BESS) Project: This project provides for the reconstruction and improvement of the former privately held ParkNJet parking lot site and the construction of new surface parking on Jetport land west of the Embassy Suites hotel. The project also includes the installation of a 1.9 MW / 5MWhr Battery Energy Storage System for load shedding and terminal building electrical system back-up. ● Yellowbird Road Sidewalk: The Yellowbird Road sidewalk will be completed this month, and will allow pedestrian and bike access around the north end of the Jetport. This is a long awaited project that will provide connection to a future public trail with water access to the Fore River. Comments from Councilors Councilor Bullett asks if in the Jetport Master Plan there is a goal to remodel the baggage claim under Jetport Administration Offices and AEOC? Yes, there is, we are waiting on funding to help remodel baggage claim and Federal Inspections Services. Update on Vision Zero Action Plan Presented by Greg Jordan ● We have selected a consultant to help us work on a Comprehensive Transportation Plan. The contract execution phase is in progress with substantive work to begin in April. ● Subject to Council approval, the FY 2027 CIP includes $1.1 million for Vision Zero related projects including lighting. ● Staff recommend that two items come to S&T for review this year: ○ Conduct a review of sidewalk snow ordinances in Chapter 25 ○ Conduct a policy analysis on the introduction of red light cameras as an enforcement tool and its potential to be a tool used in Portland ● Police are working to onboard additional Reserve Officers to do traffic enforcement. Traffic enforcement has significantly increased since 2024. ● City staff will develop a prioritized list of arterial and collector speed studies with priority placed on the high crash and/or high injury network. Staff will develop a phasing plan for requests made to MaineDOT (road speeds are set by MaineDOT) and studies which city staff can undertake internally. ● The Communications & Digital Services Department has developed a communications plan for a vision zero campaign. Staff are working in coordination with a state vision zero initiative that is incorporating community feedback from a series of focus groups and building a local campaign that is ready for implementation by mid-2026. Page 4 ● The Police Department is preparing new guidelines for issuing initial press releases and providing updated information once investigations are fully complete. There are often state-level processes that affect local investigations. Comments from Councilors Councilor Bullett asks if there can be an action added where the city studies the walk signal time and determines if the length is appropriate. Yes, we can take a deeper dive and see what regulatory practices help set those times. Councilor Bullett also noted that Fire/EMS has a great sense of what communities might have older or more senior residents that we could concentrate these efforts on. Complete Streets Annual Report Presented by Nell Donaldson, Zach Powell, and Jeremiah Bartlett Last year the Complete Streets policy was updated. This inaugural update described things that have been accomplished in the 2025 calendar year, including over $10M in projects such as traffic calming, bike lane additions, new and improved sidewalks, new Rectangular Rapid Flashing Beacons, and one new transit structure. 2025 unfortunately saw an increase in fatal and serious crashes for active modes, and year-over-year data is trending in the wrong direction. The Vision Zero efforts and comprehensive redesign of our major roadways will all help us better balance all modes on these roadways. Comments from Councilors Councilor Bullett mentioned the need for a bus stop closer to the Homeless Services Center. Councilor Bullet asked if there is an opportunity for a micro-transit model for the Ocean Ave area. Councilor Bullet also inquired about the opportunity to add planters to the median of pedestrian refuge islands. Jeremiah Barltett answered that MDOT has some concerns with planters in the medians, but is more open to placing them on the sides of the road rather than the middle of the road. Bartlett mentioned now that there is a sidewalk crossing in front of the HSC, the infrastructure is there for a bus stop. Recommend that Mayor Dion signs the National Wildlife Foundation’s Mayors’ Monarch Pledge Presented by Councilor Phillips and Troy Moon Director Troy Moon explained that we received a request that Mayor Dion sign the National Wildlife Foundation’s Mayors’ Monarch Pledge. The Monarch Butterfly is under serious threat from such things as habitat loss, the widespread use of pesticides, and increasing climate instability. The City’s climate action plan, One Climate Future, recognizes the importance of eliminating the use of pesticides and expanding coverage of native plants, including milkweed, in City open spaces. The City already takes actions such as: ● Banning the use of synthetic pesticides on public and private lands ● Development of urban meadows to enhance native plant habitat including milkweed ● Adoption of organic land management practices Page 5 ● Hosting native seed swaps and conducting workshops to demonstrate the how residents can bring native plants into the urban environment ● We are working on guidelines for creating esplanade gardens that feature native plant communities and will be encouraging residents to use them starting this spring. Given this, we find that the goals and objectives of the pledge already align with the City’s stated goals and our operational practices. It would not be burdensome to sign this pledge. Public Comment A Portland resident shared that they appreciate the City addressing this issue and added that it should include native plant communities beyond simply planting milkweed. Motion to Bring Recommendation to Mayor Dion Motion moved by Councilor Bullet and seconded by Councilor Ali. The vote passed unanimously. To Consider Increasing the Maximum Fee Licensed Tow Operators May Charge Presented by Tony Wirkus The regulation of licensing tow operators is governed by Chapter 28 Traffic and Motor Vehicles of the Portland City Code, specifically Article IV Licensing of Tower Operators. The rates established in ordinance were last updated in 2022. The current fee structure is not competitive in the market which negatively impacts City operations. Staff recommends considering the following changes to Chapter 28: ● Tow fee increase for a standard non-accident tow from $135 to $150 ● Tow fee increase for an accident tow from $150 to $175 ● Tow fee increase for vehicles with dual tires on the rear axle from $150 to $165 ● Storage fee per day from $40 to $55 ● Maximum radius vehicle can be towed from 5 to 7 miles The challenge sits between keeping the market competitive with other peer cities, yet not wanting to subject residents with exorbitant fees. The challenge remains that when there is high demand for towing, private operators will choose other cities over Portland. The change in the radius that a vehicle can be towed to has been in place since 2008; expanding the tow radius would expand the market and increase the number of tow options. Councilor Comment Councilor Ali seeks clarification as to how often we update the tow rates. Tony Wirkus shares that it was last changed in 2022 and before that in 2017 and then 2013, so historically every 3-5 years. Councilor Ali asked if the tow operators were on strike? Wirkus explained the fair process and when this has been a challenge that resulted in us reviewing this policy. Councilor Phillips aimed to clarify which towing fees would be changing. Tony Wirkus clarified the tow fee amount changes and mentioned the table outlined with the proposed changes. He Page 6 further clarified that vehicles are not towed to City property and the City does not have formal contracts with tow companies. We do have criteria for tow companies and they must meet those standards to be placed on the approved tow list allowing them to operate in the City. Councilor Phillips reminds us this is a workshop, an opportunity to introduce this topic, and it will return to the committee next session for a vote. Councilor Bullett shared does not want to expand the towing radius to 7 miles. Councilor Bullett asks if property management companies also abide by these regulations? No, this would only govern towing from City property. Councilor Bullett asked for unusual circumstances for when the chief of police would give additional charges? Director Wirkus shared he cannot share an extenuating circumstance, mentioned if a vehicle was in a hard-to-reach location. Portland International Jetport Surface Parking Project Appropriation Presented by Paul Bradbury Director Bradbury details the request to appropriate from the Jetport’s unrestricted fund balance $1.5 million to commence design on the Phase 3 Parking Garage and $8.6 million to commence construction on a revised smaller surface parking lot that is consistent with feedback received from the community. The revised surface parking project reduces the area, but will still accommodate the previously approved Battery Energy Storage System project. The project will provide a new self-park public parking lot of 537 spaces, which is 130 spaces smaller than the prior plan. The project will bring the existing gravel lot and partially cleared land up to current standards for lighting, stormwater treatment, pedestrian access, and landscaping. The request is to allow this to proceed for review by the Council for first reading in April. Council Comment Councilor Bullett asks if Director Bradbury has an estimate on the yearly revenue the additional 537 self-parking spaces will provide. Estimated the maximum received in revenue is $1.1 million. Public Comment Joey Brunelle, a community member, shared that there has not been sufficient time to meet as the Urban Coalition. The community member acknowledged that the new request includes the feedback heard from the community. The proposal has downsized the size of the lots, leaving the vegetation. Previously suggested alternatives to building more parking were re-emphasized. Another community member shared concern with the mapping discrepancies (primarily with lot 10a being shown as surface parking). The community member added that Maine has passed a new Vernal Pond Ordinance which gives new protections for vernal ponds with a 150 ft protection zone around that pond. This new parking will extend into this zone and there should be a legitimate natural resources mapping study to clarify if it is a vernal pond supporting habitat or not. They also shared they would appreciate more time to discuss this issue. Page 7 The chair of the Portland Bike Ped Committee, Myles Smith, praised Portland and the Director for the Jetport being a great airport to fly through. They shared questions about the actual peak demand and if it can be met by the spaces the Jetport already has. Acknowledging the convenience factor of adding parking, City owned land is the most valuable asset the City has. Feels strongly that they would have more value to the city if it was developed as hotels or housing, contributing to property tax values versus an additional 500 spaces of parking. Director Bradbury emphasized that the Jetport serves the rural state of Maine, beyond the Portland metropolitan area where many passengers are not able to use public transportation to arrive to the Jetport. Director Bradbury emphasized that the challenge with demand pricing disadvantages lower income communities or remote parts of the state, adding more barriers to this transportation mode. Councilor Comments Councilor Ali asked if there is any other transportation that would not require parking that the Jetport could explore to decrease vehicle usage from nearby travelers? Director Bradbury mentioned the only option is line 7 with Greater Portland Metro and they are expanding micro-transit. Bradbury answered that most of the nearby travelers are getting dropped off to save money and not leave their cars. Bradbury also emphasized there is a banner on the airport website page titled Parking Advisory, asking people in the local region not to park and get a ride or take public transit. Councilor Bullett emphasized that this was a good compromise and helps make air travel more accessible to rural Maine communities. She also emphasized the area is zoned for travel and the FAA significantly restricts the use around it. Motion to Move to Council Councilor Bullett moved the motion, seconded by Councilor Ali The vote passed unanimously. Councilor Phillips requests to postpone the Annual Landcare presentation to April. Director Moon clarified that they can read the report and accept it, finally suggesting they will bring it up at the next meeting. Motion to Adjourn The motion was moved by Councilor Bullett and seconded by Councilor Ali. The motion was approved 3-0. Meeting Adjourned Page 8 City of Portland | Sustainability Office Troy Moon, Director To: Sustainability and Transportation Committee Regina Phillips, Chair MEETING DATE April 8, 2026 AGENDA ITEM Agenda Item #2A– Sustainability Updates PURPOSE To update the committee regarding recent activities of the Sustainability Office to advance Council goals and objectives related to One Climate Future COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT These projects implement elements of the One Climate Future Plan or other Council goals. BACKGROUND/ANALYSIS Project: Celebrating Earth Month Mark your calendars for Earth Day, which will be held on Saturday, April 18th from 11AM-2PM in Deering Oaks by the bandstand. This will be a fun and family-friendly event with more than 20 organizations participating, food trucks, and a live band. The Portland Parks Conservancy and the Sustainability Office are hosting our annual citywide cleanup event on Saturday, April 25th from 10AM-12PM at 17 locations across Portland! Supplies, coffee, and snacks will be provided and all participants are entered to win a raffle prize. Help clean up your neighborhood, find the location closest to you. 1 Page 9 Project: Islands Resililience Planning The Office attended the OUR SHORE erosion assessments based on DEP’s OUR SHORE tool on Little Diamond Island and Peaks Island on March 23rd and 27th. This newly developed tool provides a framework for understanding coastal erosion impacts and selecting appropriate, research-backed management options centering nature-based strategies. The Island Institute is providing site assessments to link the OUR SHORE framework to changing shorelines in the Casco Bay Islands. These informational site assessments aim to provide a starting point for continued conversations about how nature-based strategies can fit into residents’ plans for shoreline management. The Sustainability Office will join the next erosion site assessment on Friday, April 10th and the webinar on May 7th to review major takeaways from all of their assessments. Project: Community Education and Engagement On March 21, Sustainability Director, Troy Moon, presented at the "Back Cove Lecture Series" at the University of Southern Maine featuring a panel discussion focused on the future of Portland's Back Cove. Sustainability staff joined a Munjoy Hill Neighborhood Organization meeting and a Back Cove Neighborhood Association meeting. These were great opportunities to connect with residents, share more about upcoming volunteer opportunities and our programming that residents can take part in. Upcoming Coffee & Climate webinars include: ● “The Future of Solar in Maine” with a panel of state leaders on April 10 ● “Ecological Gardening and Value of Messiness” with Kelly Corbin, an ecological landscape consultant on May 8 Visit www.oneclimatefuture.org to sign up for our once-a-month newsletter where we share the upcoming Coffee & Climate topic, information on upcoming events, new programs launching, and climate action progress in Portland and South Portland. 2 Page 10 City of Portland | Planning & Urban Development Department Kevin Kraft, Director City of Portland | Department of Public Works Mike Murray, Director To: Sustainability and Transportation Committee Councilor Regina Phillips, Chair AGENDA ITEM Transportation Project Updates – Q2 2026 CITYWIDE POLICY INITIATIVES PROJECT TITLE Complete Streets Policy Update PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 2029 2030 Drafting Revisions Portland Federal: $0 State: $0 Local: $0 Project Summary: Following Council adoption of the updated Complete Streets Policy in 2025, Planning & Urban Development and DPW are leading a revision of the City’s technical manual to update street standards, ensuring alignment with the policy and consistency with GPCOG’s Regional Complete Streets Design Guide. Project Update (2026, Qtr 2): Staff has been evaluating and preparing a restructured version of the existing technical manual. Following completion of the initial draft, staff will conduct public outreach to gather input and feedback. PROJECT TITLE Comprehensive Transportation Plan PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 2029 2030 Planning Portland Federal: $0 State: $0 Local: $375k 1 Page 11 Project Summary: The Comprehensive Transportation Plan will provide the first comprehensive strategic roadmap for Portland’s future transportation network since the early 1990s. The plan will engage the public, establish and prioritize goals, and identify the capital projects, programs, and policy initiatives needed to achieve them. Project Update (2026, Qtr 2): A consultant has been selected, and the contract has recently been finalized. PLANNING & DESIGN PROJECTS PROJECT TITLE Libbytown Safety & Accessibility Project PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 2029 2030 PDR Portland Federal: $TBD* State: $TBD* Local: $TBD* Project Summary: This project will convert Congress Street and Park Avenue west of St. John Street to two-way operation, install physically separated active transportation facilities, and construct a new roundabout at the intersection of Congress Street and Park Avenue. The preliminary design report includes a total construction cost estimate of $29,250,000. Project Update (2026, Qtr 2): The project was paused following the rescission of federal funding in July 2025. The City is now pursuing, with support from MaineDOT, a Safe Streets for All (SS4A) grant to fund final design and construction. Planning staff in coordination with DPW are preparing the SS4A grant application, which is due May 26, 2026. PROJECT TITLE Brighton Ave Safety & Demonstration Project (SS4A) PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 2029 2030 Grant Agreement Portland Federal: $2.12M State: Local: $530k Project Summary: To advance the City Council’s Complete Streets and Vision Zero priorities, the City secured a $2.12 million Safe Streets for All (SS4A) grant for the Brighton Avenue Safety and Demonstration Project. This pilot project will test quick-build safety improvements along a one-mile corridor along Brighton 2 Page 12 Avenue over six months, supported by public outreach and pre- and post-data collection, to evaluate effectiveness in reducing crashes and inform future investments. Project Update (2026, Qtr 2): Staff is currently developing the scope of work and executing the Grant Agreement with FHWA, followed by drafting and releasing an RFP for consulting services. Conceptual design is tentatively expected to begin in Fall 2026, with final design and installation targeted for Spring 2027. PROJECT TITLE Forest Avenue Smart Corridor Ph II - Morrills Corner PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 2029 2030 EPS MaineDOT Federal: $210,000 State: TBD Local: TBD Project Summary: Design changes to Forest Avenue from Stevens to Warren that will provide reduced turning movement conflicts, improved access management, active transportation components, and streetscape elements. Outcomes are expected to improve safety and travel time consistency for multiple modes. Project Update (2026, Qtr 2): Adjusted cross-section between Allen and Warren likely to be tested in 2026 to allow for PDR and then final design to proceed. PROJECT TITLE Forest Avenue Smart Corridor Ph III Marginal Way to Park Avenue PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 2029 2030 PDR Portland Federal: $150,000 State: $0 Local: $50,000 Project Summary: Changes to Forest Avenue following recommendations from the Route 302/Route 77 Smart Corridor Study. The project entails shifting Kennebec Street to the south and making it two-way, as well as shifting High Street in Deering Oaks. Project Update (2026, Qtr 2): MaineDOT’s consultant is evaluating two draft alternatives originally conceived by Public Works staff for further review/input prior to shifting to final design. 3 Page 13 PROJECT TITLE Forest Avenue Smart Corridor Ph IV - Bedford St. to Woodfords Corner PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 2029 2030 Pilot Project Portland Federal: TBD State: TBD Local: TBD Project Summary: The project is to design and implement pilot and final construction phases to better meet and balance the safety and accessibility of all users of Forest Avenue. Once the pilot phase goes through its evaluation, if successful, a refined plan that includes potential hardened features such as raised pedestrian refuge islands will be developed and implemented for the final construction phase. A feasibility study completed in February 2025 (portlandmaine.gov/ForestAveRedesign) in conjunction with GPCOG and MaineDOT recommended a road diet, reducing the number of travel lanes from four to three, which creates opportunities for enhanced pedestrian crossings and extending bike lanes to Woodfords Corner, with adjustments to on-street parking. Project Update (2026, Qtr 2): Staff at DPW completed a draft street layout design in December 2025 working with MaineDOT. Per the feasibility study, additional outreach to cycling advocates and business owners was conducted in February and March. Alternatives to funding the pilot and final construction phases are in progress. PROJECT TITLE Reimagining Franklin Street PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 2029 2030 EPS Portland Federal: $2.0M State: $400,000 Local: $475,000 Project Summary: The project consists of planning and designing Franklin Street from I-295 Exit 7 to Commercial Street. The project is currently in the Enhanced Project Scoping (EPS)/planning phase. Federal funding as well as the state and local match (totalling $2.5M) has been secured for the first phase of design following completion of EPS. Project Update (2026, Qtr 2): The city’s project team and consultant are working with the MaineDOT on the technical analysis to support a preferred street design concept. This analysis is to be completed within the next two months. Subsequent to that, a final round of public engagement will be held to solicit input and feedback. Following completion of the EPS, the first phase of design is anticipated to begin in the fall 2026. 4 Page 14 PROJECT TITLE Rosemont Corner Intersection Alternatives Analysis (Brighton Avenue) PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 2029 2030 EPS MaineDOT Federal: $146,250 State: Local: $48,750 Project Summary: This project is to select and design a preferred intersection treatment for Rosemont Corner at the Brighton Avenue/Woodford Street intersection. Options include a roundabout or signalized intersection. Project Update (2026, Qtr 2): The project is in the Alternatives Evaluation phase. The alternatives and their evaluation include considering and integrating the future opportunities and options for the Gorham-Westbrook- Portland Bus Rapid Transit Project. Following completion of EPS anticipated in 2026, the project will advance to the first phase of design. PROJECT TITLE Union Branch Connector Pathway Ph II PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 2029 2030 EPS MaineDOT Federal: $163,200 State: Local: $40,800 Project Summary: This project will plan for the connection of the westerly terminus of the Union Branch Pathway at Hadlock Field/Park Avenue to the Fore River Parkway Trail. The Enhanced Project Scoping (EPS) phase will establish the route and its conceptual design. Following completion of the EPS, design will begin. No construction funding has been secured. Project Update (2026, Qtr 2): A contract for consultant services to update the route selection and conceptual design is in Purchasing now to advance this phase of the project. PROJECT TITLE West Commercial Street Pathway Phase III PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 2029 2030 PDR Portland - Lauren Federal: $136,626 5 Page 15 Andersen State: $17,078 Local: $17,078 Project Summary: The pathway will extend from the Fore River Parkway Trail at Cassidy Point Drive to High Street/Hobson’s Landing. Phase I was completed by MaineDOT in 2018, and Phase II, from the Fore River Parkway Trail to the Star Match Building, was finished in Summer 2024, largely as part of the VA Clinic development. The remaining Phase III (0.5 miles) will connect Beach Street to High Street/Hobson’s Landing. Project Update (2026, Qtr 2): The City has submitted an RFP to Purchasing in March 2026 with a goal of the project being under design by the second half of 2026. Construction is currently slated for 2029. PROJECT TITLE WIN 28468.00 Forest Avenue Pedestrian Crossings PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 PDR Portland Federal: $64,000 State: $0 Local: $41,316.28 Project Summary: Pedestrian improvements on Forest Avenue from Talbot School to Riverside Street. Improvements include but are not limited to: sidewalk replacement, ADA ramp upgrades, installation of RRFB’s, and updates to existing signals to meet ADA requirements. Project Update (2026, Qtr 2): Draft PDR was received in March 2026. Final PDR is expected in late May 2026. Construction is slated for 2028. PROJECT TITLE Gorham’s Corner PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 Final PS&E Portland - Justin Federal: $0 Pellerin/Lauren Andersen State: $0 Local: $1,500,000 Project Summary: Sewer separation project with a mini roundabout and pedestrian improvements following the utility work. 6 Page 16 Project Update (2026, Qtr 2): Final plans, specs, and estimate were received on 3/30/26. The City will review and provide feedback in the next few weeks. Anticipating a late spring 2026 construction bid with construction work potentially starting Fall 2026 but likely Spring 2027. CONSTRUCTION PROJECTS PROJECT TITLE Union Branch Pathway Phase 1 PROJECT PHASE LEAD AGENCY SECURED FUNDING TIMELINE 2026 2027 2028 2029 2030 Construction Portland Federal: $0 State: $2,135,128 Local: $380,000 Project Summary: This 0.7-mile project will convert the existing abandoned Union Branch railroad tracks from Forest Avenue/State Street to Park Avenue into a shared-use pathway. It will feature a 12-foot paved path, lighting, landscaping, a stone dust jogging trail within the existing rails, and connections to Deering Oaks Park, Fitzpatrick Stadium, Hadlock Field and Deering Avenue/King Middle School. Project Update (2026, Qtr 2): Construction began in December 2025 and is expected to be completed by summer 2027. The main pathway will be functional by fall 2026, with landscaping and tree planting finished in 2027. 7 Page 17 City of Portland | Parking Division Tony Wirkus, Director To: Sustainability and Transportation Committee Councilor Regina Phillips, Chair MEETING DATE April 8, 2026 AGENDA ITEM 3A PURPOSE To consider increasing the maximum fee licensed tow operators may charge. COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT This item is not included in the Committee’s 2026 workplan. BACKGROUND/ANALYSIS The regulation of licensing tow operators is governed by Chapter 28 Traffic and Motor Vehicles of the Portland City Code, specifically Article IV Licensing of Tower Operators. The rates established in ordinance were last updated in 2022. Article IV. Licensing of Tow Operators *Editor's note--The schedule of tow fees is set by the City in Order 27- 22/23 on August 8, 2022 as follows: ORDERED, that the schedule of maximum rates permitted to be charged vehicle owners by wreckers for specified services listed below adopted pursuant to Chapter 28, Sections 275 and 303 (NOTE: now Section 125) of the Portland City Code, and by Council Order 30-88/89, dated June 7, 1989 and amended on May 16, 1994, January 19, 2000, Order 155- 04/05, February 2, 2005, Order 161-07/08, March 3, 2008, by Order 14-13/14 on July 15, 2013 and Order 108-17/18 on November 20, 2017, 1. Towing of Vehicles or All-Terrain Vehicles $135.00 per non-accident tow $150.00 per accident tow $150.00 for any vehicle with dual tires on the rear axle. When a vehicle is off-road, submerged, rolled over or otherwise requires special equipment for retrieval before it can be towed, a charge of $80 may be assessed in addition to the towing fee. If the recovery takes longer than one hour, a rate of $80 per hour after the first hour may be charged. 1 Page 18 2. Once a wrecker has hooked a vehicle to the wrecker, a vehicle owner may take possession of his vehicle if the wrecker has not started to leave the scene with the vehicle and if the owner pays a $40.00 fee in cash to the wrecker driver. Upon such payment, the wrecker shall release the vehicle. No towing fee shall be charged if the owner arrives to move his vehicle prior to the wrecker hooking up to the vehicle. In the case of a police-requested tow and to the extent possible, the wrecker shall not lose its place in rotation on the police towing list if the tow is either cancelled or if the owner retrieves his vehicle prior to tow under this subsection. "Hooked or hooked up" for purposes of this subsection means that the wrecker has attached the vehicle to the wrecker by chains or by hook, or some other similar physical connection that must be detached before the vehicle can move, regardless of whether it has been lifted or moved. "Starts to leave the scene" means that the vehicle is fully attached for towing and the wrecker has begun to move from the scene. When a vehicle is shoveled out by a tow operator in order to hook it up during a snow ban or for a snow removal conducted by or for the City, and a City employee engaged or participating in the snow removal process determines that the shoveling was reasonable and necessary to accomplish a hook up, the fee shall be $25 regardless of whether the vehicle is hooked up when the vehicle owner arrives at the scene. In cases where the vehicle is shoveled out and hooked up the total fee to release the vehicle shall be $40.00. 3. Storage of vehicles: $40.00 per day or part thereof. Storage charges shall begin twenty-four hours after the vehicle is towed. 4. The charge by the City for vehicles impounded or stored on City property pursuant to Chapter 28 shall be $25.00 for impoundment and storage for the first twenty-four hours from the date and time of impoundment, and shall be $10.00 for each day, or part thereof, thereafter. 5. Wrecker owners may charge a $40.00 release fee for vehicles released from storage after 7:00 p.m. and prior to 7:00 a.m. seven days a week and from 7:00 a.m. to 7:00 p.m. on Sundays or on official City holidays. 6. The Chief of police or designee may authorize additional charges in unusual circumstances. 7. If a vehicle must be towed after the initial tow, wrecker owners may charge a $135.00 fee for each additional tow of the same vehicle performed at the City's request. 8. When a vehicle and trailer or two vehicles are towed at the same time the tow fee shall be $270.00. (Ord. No. 183-97, 1-22-97; Ord. No. 27-08/09, 8-4-08) Additionally, the minimum continuous regulations outlined below in Sec. 28-123 have been in place since 2008. 2 Page 19 Sec. 28-123. Minimum continuous regulations. The following minimum regulations will be met on a continuous basis by all licensees: (a) A. Licensees shall operate and maintain storage and release facilities within the city, or within a radius of five (5) miles from Portland City Hall, as may be necessary for safe and proper conduct of towing activities. B. Licensees shall permit the chief of police to conduct one (1) regular and two (2) random inspections of each towing vehicle during the term of the license. C. Licensees shall permit the chief of police to conduct one (1) regular and two (2) random inspections of each storage and release areas during the term of the license. D. Licensees shall maintain such records as required by regulations promulgated by the chief of police pursuant to section 28-124 and shall permit their inspection by the chief or his or her designee during normal business hours. E. Vehicles must be towed, not driven, to storage lots. F. Licensees must provide a secure storage area in accordance with regulations promulgated in accordance with section 28-124. G. No vehicle shall be towed to a lot outside of the city unless pursuant to subsection (1) of this section or unless it has been unclaimed for thirty (30) days and only upon the prior written notice to the police chief or his or her designee. H. The police chief or his or her designee must be notified of any unclaimed vehicle by electronically reporting the relevant information from the invoice or tow slip for any unclaimed vehicle once a week to the police chief or his or her designee. Said information shall be electronically reported by Tuesday each week and shall include information for each vehicle in licensee's possession that remains unclaimed on the last day of the preceding week. I. Licensees shall clean the accident area of all nonhazardous vehicular debris resulting from the accident, if there be any. J. Licensees shall not make any repairs to vehicles without the consent of the owner. K. Vehicles shall be released from storage in accordance with regulations promulgated by the chief of police pursuant to section 28-124. L. Licensees shall hold the city harmless from all claims for damages to property and injuries to persons resulting from the licensees' negligence in the towing or storage of vehicles pursuant hereto. M. Licensees shall not require the owner of the towed vehicle to pay any charge unless signage warning that unauthorized vehicles will be towed at the vehicle owner's expense is posted clearly and conspicuously at each entrance and exit of nonresidential property from which the vehicle is removed or said signage is clearly and conspicuously visible from all entrances of the lot. Signs must include information about how a missing vehicle may be located. 3 Page 20 N. Licensees shall conspicuously post current rates for services under this article at the release facility. O. Licensees shall release vehicles within one (1) hour of the owner's request. Staff researched other rates in order to provide context about a potential increase in Portland. Below is a summary table of rates. City Tow Fee Daily Storage Fees Portland, ME $135 day/night $40/day Biddeford, ME $120 daytime/$150 nighttime $50/day Freeport, ME $100 daytime/$125 nighttime $50/day storage Saco, ME $160 $40 outdoor/$50 indoor per 24 hours Scarborough, ME $135 daytime/$135 nighttime $50/day, $100 EV/day South Portland, ME $150 $40/day storage, $40 release fee Boston, MA $132 + fuel surcharge $35/day Manchester, NH $175 $50/day, $50 release fee Not exceed $160/hr day, Dover, NH $180/hr nights & weekends $65/day, $50 release fee $75 + standby, additional Burlington, VT personnel fees $30/day at City lot Approx $175 - Private Portsmouth, NH operator sets own fees Private operator sets own rates Nashua, NH $185 $80/day Staff researched the drive time and cost to hire a ride from City Hall to various tow lots that could be included if the approved radius is extended. Below is a summary of the findings. Lyft Uber Lyft Uber Lyft Uber Drive Lot Distance Tues at Tues at Taxi Wed at Wed at Thur at Thur at Time Noon Noon 7 AM 7 AM 11 AM 11 AM Lot 1 3.93 miles $15.96 $15.53 $20.00 $14.92 $23.61 $10.96 $14.02 16 min Lot 2 4.7 miles $18.96 $14.94 $26.05 $14.92 $24.60 $12.96 $14.81 15 min Lot 3 6.69 miles $18.96 $16.95 $32.00 $12.92 $17.92 $12.96 $16.02 17 min Lot 4 5.98 miles $19.96 $16.70 $26.75 $15.92 $18.48 $11.96 $17.13 21 min FISCAL IMPACT There is no fiscal impact on City operations. 4 Page 21 CONCLUSION(S) The current fee structure is not competitive in the market which negatively impacts City operations. Tow operators may prioritize other municipalities that allow a higher maximum fee when requests for towing are in high demand. Additionally, tow lots within a 5 mile radius regularly reach capacity. This impacts City operations as it limits the ability to tow vehicles that are in violation. Staff recommends considering the following changes to Chapter 28 Current Proposed Item Description $135 $150 Tow fee per non-accident tow $150 $175 Tow fee per accident tow $150 $165 Tow fee for any vehicles with dual tires on the rear axle $40 $50 Storage fee per day 5 miles 7 miles Maximum radius of tow lots from Portland City Hall PRIOR COUNCIL/COMMITTEE REVIEW N/A PREPARED BY Tony Wirkus Director Parking Division ATTACHMENTS N/A 5 Page 22 City of Portland | Parks, Recreation, and Facilities Department Ethan Hipple, Director To: Sustainability and Transportation Committee Councilor Regina Phillips, Chair CC: Danielle P. West, City Manager Dena Libner, Assistant City Manager From: Ethan Hipple, Director, Parks, Recreation and Facilities Department Date: Apr 6, 2026 Re: Terminal Tariff MEETING DATE 4/8/2026 AGENDA ITEM Discussion of Portland’s Terminal Tariff PURPOSE Provide an overview of the Tariff #11, which has been revised to increase fees to fund waterfront infrastructure projects, and to provide incentives for use of low-sulphur International Maritime Organization (IMO)-compliant fuels. COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT The S&T Committee has been reviewing policy options to reduce the use of exhaust gas cleaning systems (EGCS) in order to eliminate the discharge of washer water into Portland Harbor, and has included the subject on its 2026 Work Plan. BACKGROUND/ANALYSIS The City of Portland is increasing its cruise ship tariff fees beginning January 1, 2027. The new rate structure includes a discounted rate to encourage the use of low sulphur fuels while ships are at berth. The new rates are included in the City’s Tariff 11, which will replace Tariff 10 in January 2027. The tariff rates, rules, and regulations apply to the two City-owned facilities at the Portland Ocean Terminal at the Maine State Pier and Ocean Gateway Terminal. Tariff 11 includes significant per-passenger fee increases each year until 2030, rising from the current $18 per passenger to $24 per passenger in 2030. The City is also increasing the existing $3 per passenger infrastructure fee annually, which will rise to $7 by 2030. These infrastructure fees are intended to pay for current and future improvements to the waterfront facilities. In an effort to minimize the use of heavy fuel oil (HFO) and the exhaust gas cleaning systems (EGCS) that are required to clean HFO emissions, the City is incentivizing the use of low-sulphur fuels that 1 Page 23 comply with International Maritime Organization standards by including a discounted passenger rate in Tariff 11. Ships that use fuels such as Marine Gas Oil while at berth will receive a $2 discount per passenger. FISCAL IMPACT FY 2027 Estimates (rates already set in Tariff 10) ● Current Per-Passenger Rates: 75 ships over 1,000 passengers, with combined 166,000 passengers (85% occupancy) x $18/passenger = $2,988,000 ● Current Infrastructure Fee: 75 ships over 1,000 passengers, with 166,000 passengers x $3/passenger = $498,000 ● These figures do not include other revenues for smaller ships under 1,000 passengers, water, security, and other port fees. FY 2028 Estimates (rates set in Tariff 11, effective January 1, 2027) ● Per-Passenger Rates: 75 ships over 1,000 passengers, with combined 166,000 passengers (85% occupancy) x $19 / $21 per passenger= $3,154,000 to $3,486,000 (5.5% to 16.6% increase) ● Infrastructure Fee: 75 ships over 1,000 passengers, with 166,000 passengers x $4/passenger: $664,000 ● These estimates do not include other revenues for smaller ships under 1,000 passengers, water, security, and other port fees. PREPARED BY Ethan Hipple Director Parks, Recreation, and Facilities Department ATTACHMENTS Tariff 11 2 Page 24 TERMINAL TARIFF NO. 11 To replace TARIFF NO. 10 Effective January 1, 2027 NAMING: RATES, CHARGES, RULES, AND REGULATIONS APPLYING AT THE PORT OF PORTLAND FACILITIES: ● The Portland Ocean Terminal at the Maine State Pier P1B1 ● Ocean Gateway Terminal – P2B1 / P2B2 GOVERNING, PILOTAGE, DOCKAGE, WHARFAGE, DEMURRAGE And Other Services Described Herein POSTED TARIFF This Tariff has been promulgated by the City of Portland, Maine. Rates published herein are subject to the approval of the City Council as part of the annual budget process. Contacts: Name Title Contact Danielle West City Manager dwest@portlandmaine.gov Ethan Hipple Director of Parks, Recreation, ehipple@portlandmaine.gov and Facilities Department Robert Kierstead Public Buildings Division rkierstead@portlandmaine.gov Director 389 Congress Street, Portland, Maine 04101 | 207-756-8173 1 Page 25 Table of Contents: NAMING: RATES, CHARGES, RULES, AND REGULATIONS...................................................................1 DEFINITIONS...................................................................................................................................................................... 2 SECTION 1. GENERAL RULES AND REGULATIONS.................................................................................. 3 SECTION 2. LIABILITY OF THE TERMINAL......................................................................................................8 SECTION 3. STEVEDORING, LABOR ARRANGEMENTS AND AGENCY....................................... 9 SECTION 4. DOCKAGE, WHARFAGE, PASSENGER, EQUIPMENT RATES............................... 10 SECTION 5. SECURITY RATES................................................................................................................................ 16 SECTION 6: SAFE BERTH.......................................................................................................................................... 17 SECTION 7: INSURANCE AND INDEMNIFICATION REQUIREMENTS........................................ 17 DEFINITIONS CITY: City means the City of Portland, its oﬃcers, agents, and employees. DIRECTOR or DESIGNEE: Director or designee means the City of Portland Director of Parks, Recreation, and Facilities or their designee. DOCKAGE: Dockage means the charge assessed against a vessel for berthing at a wharf, pier, bulkhead structure, or bank or for mooring to a vessel berthed. MILITARY OR NAVAL VESSEL A vessel that is owned by the United States of America or by a foreign nation, whose crew consists of members of the army or navy of the United States of America or a foreign nation, and which is engaged in the performance of some service for the United States of America or a foreign nation. STEVEDORE: Stevedore means a person/partnership/corporation currently operating in the stevedoring trade for a minimum of two (2) years and qualiﬁed to perform all the following duties: (1) line handling, (2) loading or unloading vessels, and (3) managing the aﬀairs of a ferry service or cruise line (common carrier) on Terminal property for the purposes of managing passenger operations. The duties described in this paragraph are referred to herein as “Stevedoring Service 2 Page 26 TERMINAL: Terminal means those portions of the deepwater marine terminals owned and operated by the City of Portland for public use, including the Portland Ocean Terminal, Maine State Pier, and Ocean Gateway Terminal. TERMINAL OPERATOR: Terminal Operator means the City of Portland, Maine, or its lessee. The Terminals are neither common carriers nor public utilities, and the Director or designee is the sole interpreter of this tariﬀ. TERMINAL STORAGE: Terminal storage means the service of providing warehouse or other terminal facilities for the storage of stores, including wharf storage, shipside storage, closed or covered storage, open or ground storage, after storage arrangements have been made TON: USAGE: Ton means 2,000 pounds unless otherwise speciﬁed. Usage means the use of the terminal facility by any light operator, trucker, shipper, or consignee, its agents, servants, and/or employees, when it performs its own car, lighter, or truck loading or unloading, or the use of said facilities for any other gainful purpose for which a charge is not otherwise speciﬁed. VESSEL: Vessel means ﬂoating craft of every description. WHARFAGE: Wharfage means a charge assessed against the vessel on all stores passing or conveyed over, onto, or under wharves or between vessels (to or from barge, lighter, or water), when berthed at wharf or when moored in slip adjacent to wharf. Wharfage is solely the charge for the use of the wharf and does not include any other service. 3 Page 27 SECTION 1. GENERAL RULES AND REGULATIONS RULE 1: APPLICATION FOR BERTH ASSIGNMENT All vessels desiring a berth at a terminal shall, as far in advance of the date of docking as possible, make application therefore in writing to the Director or designee, specifying the estimated date and time of arrival and/or sailing, also the number of passengers and crew, and the nature of the port call. The vessel will be required to supply the Terminal Operator with a true and legible copy of the passenger manifest, or other transportation documents as may be required, at the earliest possible opportunity and in any event, no later than at the time operations commence. Upon request, the vessel will make available a revenue manifest. The vessel shall be held liable for claims, losses, costs or expenses by reason of property damage, personal injury or death which may occur, directly or indirectly as the result of defective report of hazardous commodities, weight, volume and/or any other omission or error in the documentation furnished by the vessel in compliance with this provision, without regard as to whether such omission(s) be intentional or accidental. RULE 2: USE OF TERMINAL FACILITIES The use of the facilities under the jurisdiction of and operated by the City of Portland shall constitute consent to the terms and conditions of this Tariﬀ, and evidences an agreement on the part of all vessels, their owners or agent, and other users of such facilities to pay all charges speciﬁed in this Tariﬀ and to be governed by all rules and regulations herein contained. RULE 3: MOVEMENT OF VESSELS Vessels are to move or vacate the Terminal facilities at the direction of the Director or designee. Whenever necessary for the proper operation of the Terminal, the Director or designee may order the vessel to move at the vessel’s expense. Any vessel that is not moved promptly upon notice to do so may be shifted, and any expense involved, to include labor costs, idle cost for labor and equipment, damage to the vessel or other vessels, or to the dock during such removal shall be charged to the vessel. Vessels berthing at the Terminal shall at all times have on board suﬃcient personnel to move said vessel for the protection of the ship and the port. Lastly, this section may be enforced in accordance with ME. Rev. Stat. Ann title. 38 s 5 (1988), the “Harbor Master Statute,” as it may be amended from time to time, and by any other remedy available at law or in equity. 4 Page 28 RULE 4: SAFETY All parties using the Terminals are required to observe and conform with any and all municipal, state, and federal laws, ordinances, and regulations, including, but not limited to OSHA, USGC, and EPA, and shall remain responsible for any violations of said regulations. RULE 5: APPLICATIONS OF RATES The rates, charges, rules, and regulations named in this tariﬀ for services and facilities shall be applicable on and after the eﬀective date of this tariﬀ, or the eﬀective date of supplements, or re-issues. The rates will apply at the Port of Portland, including Portland Ocean Terminal, the Maine State Pier, and the Ocean Gateway Terminal Complex, as shown in the Property Plan. The rates named herein are based on current labor costs for straight time. When, upon written application and with advance arrangements, requested services are performed during overtime periods and on Saturdays, Sundays, and holidays, such services shall be rated at the prevailing charges named in this tariﬀ; plus the applicable overtime diﬀerential on labor, along with all relevant assessments and insurances, plus 20%. LEGAL HOLIDAYS The term “Legal Holiday” means and includes the following: Presidential and Congressional elections, and any other National or State holidays created by Executive Authority ● New Year’s Day ● Martin Luther King Jr. Day ● Presidents’ Day ● Patriots Day ● Memorial Day ● Juneteenth ● Fourth of July ● Labor Day ● Indigenous Peoples/Columbus Day ● Veterans Day ● Thanksgiving Day ● Christmas Eve Day ● Christmas Day 5 Page 29 RULE 6: PAYMENT OF CHARGES All charges published in this tariﬀ shall be due and payable upon presentation of an invoice, except as hereinafter speciﬁed. Form of payment will be determined by the Terminal Operator and may have processing fees associated. All minimum charges accrue to the account of the Terminal Operator. Any party or business entity doing business under this tariﬀ may apply for credit. Credit, which is extended at the discretion of the Terminal Operator, requires payment within 30 days of the date of the invoice. Failure to pay credit accounts when due shall result in cancellation of credit privileges and the reestablishment of cash terms. Accounts referred to an attorney or an agency for collection shall be subject to a 15 percent surcharge and additional court costs incurred. In addition to any other rights recognized by law, the right is reserved by the Terminal Operator to withhold delivery of any goods, on which terminal charges published in this tariﬀ are due and payable, until such time as these charges are paid in full. The Terminal Operator reserves the right to deny anyone the use of any terminal until all past due accounts are paid. Agents or representatives will be held fully responsible for all charges attributable to their actions on behalf of their principals in arranging services, facilities, equipment, or other chargeable items, in accordance with the rates therefore published in this tariﬀ. RULE 7: DISCHARGING OF RUBBISH Discarding rubbish or any debris into slips or channels or on the Terminals is strictly prohibited. Violators who do not remove debris or rubbish upon demand by the Director or designee shall be charged with the expense of removal. $500.00 Dollar minimum charge RULE 8: DISCHARGING SEWAGE, GREYWATER, DIRTY BALLAST, OTHER. Pumping untreated sewage into the waters of Maine is strictly prohibited by Federal and State law. The discharge of greywater, dirty ballast, or other ﬂuids deemed prohibited by the Director or designee while berthed at municipal facilities is prohibited. Discharges by vessels utilizing treatment equipment approved under U.S. Federal Standards are permitted to discharge to 3rd party only under the authority of the Director or designee. In the event of a classiﬁcation dispute, the decision of the Director or designee will be ﬁnal. 6 Page 30 RULE 9: FUELING WATERCRAFT No gasoline distillates or other liquid petroleum products, other than lubricating oils, may be stored, handled, dispensed, kept, or used at the Terminals, except at such places and under such conditions as may be speciﬁcally designated by the Director or designee. Nothing herein shall prevent dispensing of such products at retail from barges to watercraft directly, provided such barges are moored at such places as the Director or designee may indicate. RULE 10: HARBOR SECURITY When, in the sole judgment of the Director or designee, security oﬃcers are required at all times while a vessel is at the facility. Security Detail will be furnished at the expense of the vessel. RULE 11: REMOVAL OF ABANDONED/OBJECTIONABLE PACKAGES or ITEMS. The Terminal Operator reserves the right to move abandoned items and dispose of such items seven (7) days after notice, as well as remove freight or other material which, in its judgment, is likely to damage other property, to another location, at the risk and expense of the owner. RULE 12: RESPONSIBILITY FOR CLEANING TERMINAL All vessels, their owners and agents, and all other users of the Terminals shall be held responsible for the cleaning of the property which they have been allowed to use. If such users do not properly clean the facilities or property they have been using, the Director or designee shall order the property cleaned and bill the users responsible at cost plus 25%. RULE 13: TERMINAL NOT A PUBLIC THOROUGHFARE The Terminals are not a public thoroughfare, and all persons entering thereon do so at their own risk. No person shall enter upon the Terminals except: Such persons and their bonaﬁde employees as may be authorized by law and permitted by the Director or designee to engage in the activities for which the Terminal has been provided; Duly authorized representatives, employees, contractors, or invitees of the City of Portland; Representatives or employees of local, state, and federal government or political subdivisions thereof, duly authorized by law to enter thereon; Other persons granted permission to enter thereon by the Director or designee. 7 Page 31 The Director or designee reserves the right to refuse admittance to the Terminal and to require the removal from the premises of any person for any reason whatsoever. RULE 14: POLICY OF NON-COMPETITION It is the explicit policy of the City of Portland that City-owned facilities will not be used for any purpose that unfairly competes or interferes with a private taxpaying facility. RULE 15: CONSENT Use of the piers, docks, and other facilities under the jurisdiction of the City of Portland shall constitute a consent to the terms and conditions of this tariﬀ and evidence and agreement on the part of all vessels, their owners and agents, and all other users of these facilities, to pay all applicable charges and be governed by all rules and regulations published herein. SECTION 2. LIABILITY OF THE TERMINAL The CITY of Portland, its oﬃcers, agents, and employees, or any subsidiaries thereof, shall not be liable for the loss or damage to any watercraft or to any merchandise or stores at the Terminal resulting from any cause whatsoever unless it is established that such cause was due to its failure to exercise reasonable care. Notwithstanding anything in this Tariﬀ to the contrary, the CITY’s obligations under this Tariﬀ are subject to and limited by the defenses, immunities, and limitations of liability or damages available to the CITY under the Maine Tort Claims Act, other Maine statutory law, judicial precedent, common law, or any other defenses, immunities or limitations of liability available to the CITY. In the event any damage is done to the wharf or any structures or equipment at the Terminals, the person to whom the berthing is assigned or by whom it is being used and the master, owner, operator or agent of any watercraft, vehicle or instrumentality involved in such damage shall make a full report to the Director or designee, including date and hour damage occurred, names, addresses and descriptions with the Director or designee, witnesses and other persons, watercraft or instrumentalities involved in the damage, and all other available facts and information. Director or designee reserves the right to require assistance from local support vessels in the event that the: 1. winds exceed 25 MPH 8 Page 32 2. weather emergencies dictated by local authorities 3. safety concerns 4. need for reduced bow thruster usage (POT - P1B1, P2B2) All persons to whom any facilities have been assigned shall be responsible and liable to the City of Portland for any damage occurring to such property during their occupancy and/or use, except damage caused by the negligence of the City of Portland, its oﬃcers, agents, and employees. SECTION 3. STEVEDORING, LABOR ARRANGEMENTS AND AGENCY 3A. STEVEDORING Any vessel calling on the Terminal not meeting the following exemptions listed under the Exemptions section below must utilize Stevedoring Services from a contractor that is party to a valid Stevedore License Agreement with the City of Portland. Stevedoring Services will be arranged by the vessel or its agent, subject to the rules and regulations of the City of Portland. All work must be performed in a manner satisfactory to the Director or designee, from a safety standpoint, but the City of Portland assumes no responsibility for the performance of such work. The stevedoring contractor must be party to a valid Stevedore License Agreement with the City of Portland after paying the required License fee ($3,500 annually) and having given satisfactory evidence of ﬁnancial responsibility, including insurance to cover potential liabilities for damage to packages, property of the City of Portland, property of others, and personal injury and death claims. Such coverage will not extend to actions resulting from the Port’s own negligence. Exemptions: Vessels that satisfy any one of the following criteria may berth and conduct operations on Terminal property without the services of a Stevedore that is party to a valid Stevedore License Agreement with the City of Portland: 1. Vessels that are domestic or previously cleared by US Customs, are not carrying manifest freight cargo, and are under 300 feet in length overall 2. Barges under contract or control of a tug or tow boat operating under contract or lease with the Terminal 3. Vessels operated by ﬁrms conducting repair or construction services for the Terminal 9 Page 33 4. Vessels operated by the United States military. With the approval of the Director or designee, vessels satisfying any of the exemptions above may utilize their own staﬀ to handle lines and conduct operations while at the Terminal; however, while at the Terminal no vessel may contract with third party ﬁrms or individuals to conduct stevedoring services unless such ﬁrms or individuals are party to a valid Stevedore License Agreement with the City of Portland. Notwithstanding the exemptions described above, the Director or designee has the authority to require any vessel to utilize a stevedore that is party to a valid Stevedore License Agreement with the City of Portland at the Director or designee’s sole discretion. 3B. LABOR ARRANGEMENTS The vessel or vessel’s agent shall be responsible for selecting and arranging for whatever labor it may desire at its expense, subject only to the requirement that the Director or designee must be advised in advance as to said labor arrangements and the certiﬁcate of insurance for all laborers must be presented to the Director or designee in advance of the berthing of the vessel. 3C. INSPECTION OF RECORDS The records of the vessel's agent, stevedore, and/or labor contractor shall be open to inspection by the Director or designee at reasonably convenient times for the purpose of determining compliance with the provisions of this tariﬀ. SECTION 4. DOCKAGE, WHARFAGE, PASSENGER, EQUIPMENT RATES All charges published in this Tariﬀ shall be due and payable upon presentation of an invoice. Forms of payment will be determined by the Director or designee. 4A. DOCKAGE RATES 1. COMMERCIAL VESSELS Self-propelled or non-self-propelled vessels not using a terminal to discharge shall be assessed Dockage at the rates appearing in the table below. Permission for such Dockage shall be at the sole discretion of the Director or designee. Rates are expressed in Dollars per twenty-four hour period or fraction thereof. 10 Page 34 Commercial Vessels $5.00 per foot 2. PASSENGER CRUISE SHIPS: A Dockage charge per foot in overall length, with a minimum charge per twenty-four-hour period or fraction thereof, shall be assessed to passenger vessels berthing or making fast to a wharf for any purpose, including on-board conventions, trade shows/exhibits, and discharging or loading passengers and their baggage. Vessels UNDER 1,000 passengers - Not including Security 2026 $5.00 per foot LOA 2027 $5.00 per foot LOA 2028 $5.50 per foot LOA 2029 $5.50 per foot LOA 2030 $6,00 per foot LOA TENDER OPERATIONS Tendering 0-300 passengers, including Security 2026 $3,000.00 2027 $3,000.00 2028 $3,000.00 2029 $3,000.00 2030 $3,000.00 Tendering 301-650 passengers, including Security 2026 $5,000.00 2027 $5,000.00 2028 $5,000.00 2029 $5,000.00 2030 $5,000.00 Tendering 651-999 passengers, including Security 11 Page 35 2026 $7,000.00 2027 $7,000.00 2028 $7,000.00 2029 $7,000.00 2030 $7,000.00 OVER 1,000 passengers, including Security 2026 $9,500.00 2027 $9,500.00 2028 $9,500.00 2029 $9,500.00 2030 $9,500.00 4B. DOCKAGE RELEASE: RELEASE OF BERTH or CANCELLATION When, for reasons over which the applicant has no control, it becomes necessary to cancel or postpone berthing assignments, due notice (at least 24 hrs) shall be given suﬃciently in advance to prevent any loss of DOCKAGE charges; otherwise, the Terminal Operator/FSO reserves the right to assess against the vessel, owner or operator, a DOCKAGE charge based on rates below: Release of Berth & Cancellation Policies 15 days - 24 hrs prior to arrival $5.00 per foot LOA PLUS **exception: weather-related 100% MAXIMUM CAPACITY Passenger Rates (See applicable Passenger Rates) 15 - 30 Days prior to arrival 75% MAXIMUM CAPACITY Passenger Rates (See applicable Passenger Rates) 30 - 60 Days prior to arrival 25% MAXIMUM CAPACITY Passenger Rates (See applicable Passenger Rates) 4C. INACTIVE STATUS – LAY BERTHING (LONG TERM) Vessels in an inactive status and berthed at a terminal shall be assessed based on Vessel and Utility needs ( water, electrical, etc ). Services may be available at an additional cost. All vessels in lay-up status are subject to a security assessment. 12 Page 36 Inactive Status/Layberth Rates available upon request 4D. NON-SELF-PROPELLED FUEL BUNKERS AND TANKERS A charge of in overall length with a shall be assessed against seagoing and/or intraport fuel barges berthing or making fast to the city terminal for the purpose of transferring petroleum products between the barge and shore, between the barge and another vessel, or due to weather conditions. Non-Self-Propelled Fuel Bunkers and $5.00 per foot LOA Minimum charge: Tankers $1000.00 per 24 hours or fraction thereof 4E. PUBLIC VESSELS A charge of per vessel per day. No charge for crew or dependents. Vessels may be required to provide crew to augment terminal security when applicable. Military $1000.00 per day or any portion thereof 4F. PASSENGER RATES Vessels using the terminals on a port-of-call basis, the following charges apply: INFRASTRUCTURE IMPROVEMENT FEES are applied where applicable, below Port of Call Vessels OVER 1,000 Passengers: Note: Vessels utilizing non-Heavy Fuel Oil (HFO) fuel alternatives while at berth, such as Marine Gas Oil (MGO) or Liquefied Natural Gas (LNG), will be billed a discounted rate for berthing. Vessels utilizing HFO while at berth will be billed the regular rate. Year Regular Rate Discounted Rate Infrastructure Total Per Manifested Per Manifested Improvements Passenger Upon Passenger Upon Per Manifested Arrival: Daily Arrival: Daily Passenger charge charge (MGO, LNG, or other non-HFO fuel use at berth) 2026 $18.00 N/A $3.00 $21.00 2027 $21.00 $19.00 $4.00 $25.00 ($23.00 with discounted rate 13 Page 37 2028 $22.00 $20.00 $5.00 $27.00 ($25.00 with discounted rate 2029 $23.00 $21.00 $6.00 $29.00 ($27.00 with discounted rate 2030 $24.00 $22.00 $7.00 $31.00 ($29.00 with discounted rate Port of Call Vessels UNDER 1,000 Passengers: Year Per Manifested Infrastructure Total Passenger Upon Improvements Per Arrival Manifested Passenger 2026 $13.00 $3.00 $16.00 2027 $14.00 $4.00 $18.00 2028 $15.00 $5.00 $20.00 2029 $16.00 $6.00 $22.00 2030 $17.00 $7.00 $24.00 HOMEPORT OPERATIONS Year Per Manifested Infrastructure Total Passenger Rate Improvements Per charged on Arrival Manifested & Departure Passenger 2026 $7.00 $3.00 $10.00 2027 $7.50 $3.00 $10.50 2028 $8.00 $4.00 $12.00 14 Page 38 2029 $8.50 $4.00 $12.50 2030 $9.00 $5.00 $14.00 EXCURSION VESSELS Per Passenger Per Passenger Total based on based on MAXIMUM MAXIMUM CAPACITY CAPACITY Arrival $1.00 $1.00 $2.00 Departure $1.00 $1.00 $2.00 4G. EQUIPMENT RATES GANGWAY RENTAL Operation of the gangway shall be performed only by persons approved by the Director or designee, who reserves the right to terminate the rights of any party renting the gangway in the event of abuse of the equipment or its use or operation outside its rated capacity. Damages incurred while the gangway is in use will be the responsibility of the vessel. Hydraulic Gangway - $1,000.00 per day or fraction thereof Operator not included Portable Aluminum Gangway $500.00 per day or fraction thereof FORKLIFT SERVICES - $400.00 per 2-hour minimum Operator Included 72 hour notice required FENDER RENTAL - Deploy/Uninstall Labor Not Included Deployment of fenders shall only be done by persons approved by the Director or designee. The Director or designee reserves the right to terminate the rights of any party renting the fenders in the event of abuse of the equipment or its use or operation outside its rated capacity. Crane Services will be required for deployment & uninstallation. FENDER $500.00 per fender per day or any Rental ONLY Yokohama Fenders - 10’ fraction thereof 4H. PORT SERVICES FRESH WATER 15 Page 39 Metered water is determined by the Portland Water District metering device installed at the terminal Vessels OVER 300’ LOA $5.00 per metric ton Vessels UNDER 300’ LOA $250.00 Flat Rate per day or any fraction thereof SECTION 5. SECURITY RATES The following fees will be charged and will apply to all ships utilizing the facilities. The Director or designee will determine the level of coverage required and charges that will apply. Security Management hours will be determined by the Director or designee. In the event the MARSEC level is raised above MARSEC Level 1, or if the federally mandated security measures required of cruise terminal operators are changed, the City of Portland reserves the right to pass on additional security charges to all vessels moored at the facilities named in this Tariﬀ. ● MARSEC LEVEL 1 - YELLOW - Regular Operations ● MARSEC LEVEL 2 - ORANGE - Heightened Security: Additional Guards + Police Oﬃcers ● MARSEC LEVEL 3 - RED - Eminent Threat: Additional Guards + Police Oﬃcers Passenger Ships UNDER 500 $50.00 per guard/per hour Passengers - Hourly Rate Passenger Ships OVER 500 Passengers - $3,000.00/12-hour maximum Fixed Rate Commercial, Military, and Research $40.00 per guard/per hour Vessels - Hourly Rate Security Management - Hourly Rate $60.00 per hour Police Oﬃcers - Hourly Rate $150.00 per oﬃcer/per hour (4 hour minimum) SECTION 6: SAFE BERTH The master of a vessel and the captain/pilot of any tug/towboat attending a barge, as applicable, shall be solely responsible for determining if the depth of water (at any 16 Page 40 tide stage) at the terminal berth is suﬃcient for the vessel, with the Director or designee having no responsibility therefor. Director or designee shall not be deemed to warrant the safety of public channels, approaches thereto, anchorages, or other publicly-maintained areas either inside or outside the Port area where any vessel may operate. Furthermore, the Director or designee shall not be deemed to warrant the safety of any of the facilities of the terminal facilities. SECTION 7: INSURANCE AND INDEMNIFICATION REQUIREMENTS DEFINITION OF THE TERM “USER” OR “USERS” For Purposes of this Section of the Tariﬀ, user or users of the Terminals covered by this Tariﬀ shall be Person(s), including, but not be limited to: A. Any Person(s) or other entity(ies) doing business at said Terminal(s) or in connection therewith; and B. Any Person(s), or passengers on or moving over said Terminal(s). 7A. CERTIFICATES OF INSURANCE Certiﬁcates of insurance shall be supplied to the City of Portland Director or designee naming the City of Portland, its members, oﬃcers, employees, and agents as “Additional Insureds” on all appropriate lines of coverage. The City shall be named additional insured for coverage only in those areas where the City does not have governmental immunity, including, without limitation, as set forth in 14 M.R.S. A. § 8104-A, as limited by § 8104-B, and § 8111. This provision shall not be deemed a waiver of any defenses, immunities or limitations of liability or damages available to the City under the Maine Tort Claims Act, other Maine statutory law, judicial precedent, common law, or any other defenses, immunities or limitations of liability available to the City. Additional costs (if any) for the “Additional Insureds'' endorsement, as well as any and all deductibles and/or self-insured retentions, will be the responsibility of the User and not the responsibility of the City of Portland. Policies maintained and/or required herein shall be primary and noncontributory. City’s acceptance or lack of acceptance of Certificates of Insurance or other evidence of insurance shall not be construed as a waiver of the obligation to obtain and maintain such insurance as required herein. 7B. MINIMUM INSURANCE REQUIREMENTS FOR ALL USERS Except as otherwise provided in any written agreement between the User and the City of Portland, every User must comply with the following insurance requirements: 17 Page 41 1. Commercial General Liability Insurance: The User must maintain Commercial Liability Insurance, including Pollution Liability, covering the City of Portland and User for liability for property damage, personal and/or bodily injury, and death. The insurance provided under this section must be in the amount of and not less than Two Million and 00/100 Dollars ($2,000,000.00) per occurrence of personal and/or bodily injury or death. In the event that the User is engaged in any way in the performance of stevedoring services on or in connection with the Terminals, the User must, in addition to the above noted Pollution Liability insurance, maintain General Liability/Premises Operations Insurance covering the City of Portland and the User for liability for property damage, personal and/or bodily injury, and death. The insurance provided under this section must be in the amount of and not less than Five Million and 00/100 Dollars($5,000,000.00) combined single limits per occurrence for property damage, personal and/or bodily injury, or death. Such policy must contain an endorsement waiving all rights of subrogation against the City of Portland, its members, oﬃcers, employees, and agents. 2. Protection and Indemnity Insurance: The User must maintain Protection and Indemnity Insurance, including Jones Act coverage, with extensions for dock, pier and gangway liability insuring both the User and the City of Portland against all claims, suits, obligations, liabilities and damages, (including attorneys’ fees), occurring on or about the User’s Vessel(s), the Terminals, including but not limited to the dock area or arising out of the Operations performed by the User thereon, or from the movement of passengers to and from the User’s Vessel(s), or otherwise relating to the Users performance and activities at the Terminal(s), including endorsements to cover all the claims, penalties and response costs arising from a spill of oil or any hazardous substance into the navigable waters of the United States, in the single limit or equivalent split limit amount of Two Million and 00/100 Dollars ($2,000,000.00). 3. Workers Compensation: The User must maintain Workers' Compensation and Employer's Liability insurance in the amounts required by law. As the User’s activities at the Terminal(s) are to be performed in or near navigable water, docks, piers and waterfronts of the United States, endorsements shall be provided by the User’s Workers Compensation policy, with respect to disability or death of any employee under the United States Longshoremen’s and Harbor Workers’ Compensation Act if recovery for such disability or death through Workers Compensation proceedings may not validly be provided by law. 4. Hull insurance: 18 Page 42 Hull insurance with the usual extended coverage endorsements, including a hull removal clause, and coverage of the full replacement of the Vessel(s) and all of its furnishings, ﬁxtures and equipment. 7C. Waiver of Subrogation: User agrees to waive any and all rights of recovery, claims, actions or causes of action against the City, its members, agents, oﬃcers and employees for any injury, death, loss or damage that may occur to any Person(s) or property, by reason of any risks, or any other causes which are insured under the insurance policy or policies that either party maintains or is required to maintain under this Tariﬀ. 7D. Insurance Requirements: The phrase “Required Policy” means each policy of insurance required to be maintained by the User under the terms of this Tariﬀ. Policies shall contain a provision that they cannot be canceled or modiﬁed unless the City of Portland is given at least thirty (30) days prior written notice of such cancellation or modiﬁcation and a provision that any loss payable thereunder shall be payable notwithstanding any act or negligence of the City of Portland or the User which might, absent such provision, result in a forfeiture of all or part of the payment of such loss. All Required Policies may contain a deductible of not more than Twenty-Five Thousand and 00/100 Dollars ($25,000.00). Such policies must contain cross-liability clauses, when applicable and available. The User must deliver to the City of Portland: a Certiﬁcate of Insurance (evidence of coverage) for any Required Policy no later than seven (7) business days prior to the ﬁrst date any insurance policy is required hereunder and any renewal thereof. The required evidence of coverage must always be deposited with the City of Portland. 7E. DELIVERY OF CERTIFICATES OF INSURANCE All required Certiﬁcates of Insurance must be issued and delivered to: City of Portland Public Buildings / Waterfront Division 212 Canco Road, Suite C Portland, Maine 04103 7F. INDEMNIFICATION To the fullest extent permitted by law, User shall defend, indemnify and hold harmless the City, its officers, agents and employees, at all times from any claims, liability, losses, costs, expenses (including, without limitation, reasonable attorney's fees) fines, damages or judgments, just or unjust, that arise out of, are related to or are caused by any act or omission of User, its partners or members, agents, invitees, contractors, subcontractors, or employees, which claims arise out of or result from 19 Page 43 the activities hereunder, said claims to include, without being limited to, claims for personal injury, death, or property damage, including injury or damage to City employees or property; and claims based upon violation of any environmental law or regulation governing hazardous substances 20 Page 44 Troy Moon <thm@portlandmaine.gov> scrubberwash 1 message Philip Ptacin <philipptacin@gmail.com> Fri, Apr 3, 2026 at 12:20 PM To: rphillips@portlandmaine.gov, pali@portlandmaine.gov, abullett@portlandmaine.gov Cc: afournier@portlandmaine.gov, "wpelletier@portlandmaine.gov" <wpelletier@portlandmaine.gov>, "bgrant@portlandmaine.gov" <bgrant@portlandmaine.gov>, Sarah Michniewicz <smichniewicz@portlandmaine.gov>, "ksykes@portlandmaine.gov" <ksykes@portlandmaine.gov>, mdion@portlandmaine.gov, thm@portlandmaine.gov, gjordan@portlandmaine.gov Dear S & T Committee, I am aware that you are all much more educated as to the ins and outs of large ships using our port - all the pluses and minuses... But from my point of view, you are charged with protecting the city (and of course our natural resource, the harbor). I encourage you to simply insist that ships using our port use clean fuel and to NOT wash and release their scrubber waste into Casco Bay. Too much profit is going to the Cruise Lines and too little care is going towards Portland, Maine. Thank you for all your hard work on our behalf. Philip Ptacin Page 45 Troy Moon <thm@portlandmaine.gov> Public Comment: April 8 agenda -Scrubber Wash ban discussion 1 message JoAnn Locktov <info@portlandcruisecontrolmaine.org> Tue, Mar 31, 2026 at 10:45 AM To: Regina Phillips <rphillips@portlandmaine.gov>, pious Ali <pali@portlandmaine.gov>, Anna Bullett <abullett@portlandmaine.gov> Cc: "afournier@portlandmaine.gov" <afournier@portlandmaine.gov>, Ben Grant <bgrant@portlandmaine.gov>, Wesley Pelletier <wpelletier@portlandmaine.gov>, Mark Dion <mdion@portlandmaine.gov>, Sarah Michniewicz <smichniewicz@portlandmaine.gov>, kate Sykes <ksykes@portlandmaine.gov>, Troy Moon <thm@portlandmaine.gov>, Greg Jordan <gjordan@portlandmaine.gov>, Ethan Hipple <ehipple@portlandmaine.gov>, "dwest@portlandmaine.gov" <dwest@portlandmaine.gov>, Matthew Day <homematt@gmail.com>, Joey Brunelle <joey.brunelle@gmail.com>, "sustainabilityoffice@portlandmaine.gov" <sustainabilityoffice@portlandmaine.gov> Dear Chair Phillips, Councilor Ali and Councilor Bullett, Thank you for your leadership in advancing the scrubber wash discharge discussion, and for your conversations with city staff. The proposed cleaner fuel discount in Terminal Tariff #11 reflects your advocacy for our community and we are very appreciative. We also applaud staff for concluding that scrubber use should end while ships are at dock in Casco Bay. After meeting with Ethan and Troy to understand the discount proposal, we have identified concerns — and two alternatives that, unlike the discount plan, would preserve port revenue. Option 1: Discount Plan 1. It costs the cruise lines approximately $3.50 per passenger* to change to cleaner fuel. The $2 discount per passenger is not enough to defray their costs to switch fuels. 2. The discount plan was proposed without any discussion with the cruise lines. No one has any idea if the discount will be utilized. Without benchmarks for success, it will be impossible to evaluate. We urge the committee to develop a method that quantifies the success. What is sufficient compliance? How many cruise lines need to accept the discount for the plan to continue? 3. The staff has agreed it is important to end the use of HFO in our harbor. If the discount fails, what alternative policy do they propose? 4. The fuel usage of the cruise ships will not be known until they are invoiced at end of the 2027 season. If the plan fails, a new tariff provision will need to be written and voted on in 2028, which would not go into effect until 2029. This represents a three-year delay, from 2026-2029 before we might see any solution to the pollution from the cruise ships burning HFO. Option 2: Tariff Discharge Revision A tariff discharge revision is the strongest tool available to prevent scrubber wash discharge into Casco Bay. Although currently legal, the USCG is in the process of publishing new VIDA restrictions, which could pre-empt the current legal discharge option. Given the current administration's rollback of environmental protections, VIDA's fate is uncertain, however we expect clarity by October 2026. We recommend the following clause (to be reviewed and finalized by corporate counsel) be included in Tariff#11, structured to take effect automatically if VIDA is not applicable: The Port shall amend its Terminal Tariff to prohibit the discharge of exhaust gas cleaning system (EGCS) washwater by vessels at berth in Portland Harbor, effective at the start of the 2027 cruise season, unless, prior to December 1, 2026: (i) the U.S. Coast Guard has issued final implementing regulations under the Vessel Incidental Discharge Act (VIDA) that are in full legal force and effect without judicial stay or injunction; and (ii) such regulations prohibit or materially restrict open-loop EGCS washwater discharge in coastal waters and port areas. If either condition is not satisfied, the tariff prohibition shall take effect as scheduled without further action by the Port. Option 3: A Collaborative Model: Community Benefit Agreement We consider the MOU model outlined by Troy Moon in his Cruise Ship Pollution Workshop Memo to be the strongest alternative to a tariff discharge revision. It necessitates making the fuel change a condition of entry into our port. It is based on peer-reviewed scientific evidence of the damage that HFO fuel is doing to our air and water and the proven measurable improvement when low sulfur fuels are used. This is an option that supports the conclusion that the staff has made that there needs to be aPage policy46 to address the situation. This collaborative model was also recommended as the most effective strategy to pursue by the Port of Seattle, when Cruise Maine and Portland staff consulted with them. A bilateral Community Benefit Agreement would be VIDA-proof, precedented, and actionable for the 2027 season. In Puget Sound, in response to community concerns**, Holland America, Princess, and Carnival fleets stopped using their scrubbers in 2021. The use of scrubbers is currently restricted in Seattle and 45 additional countries. Portland has the opportunity — and the obligation — to put the health of its residents and Casco Bay first. Our recommendations are based on extensive research and we welcome the opportunity to discuss any of these options in support your decision- making process. We look forward to your continued discussion on April 8. Respectfully submitted, JoAnn Locktov 158 Congress St. #3 Portland, ME 04101 Matthew Day Eastern Promenade Portland, ME Joey Brunelle Pine St. Portland, ME JoAnn Locktov +1.415.847.6374 portlandcruisecontrolmaine.org 2026 Cruise Season Initiatives Bluesky Facebook Page 47 Public Comment on item 3B Sustainability & Transportation Committee Meeting 4-8-2026 From: Susan Anspacher <susanmtns@gmail.com> Subject: S & T Scrubber Wash Ban discussion Date: Fri, Apr 3, 7:25 PM Dear Chair Phillips, Councilor Ali and Councilor Bullett ~ These multi-billion dollar cruise lines have been allowed to pollute the land, sea and air for too long. Please put the health of Casco Bay and our residents first. The city staff has the authority and responsibility to negotiate a bilateral agreement requiring cruise lines to use cleaner fuel as a condition to enter our port. We can no longer allow this environmental and health degradation. We all deserve a healthy quality of life. The proposed discount plan has no metrics with which to back it up. Simply put there is no guarantee with cruise line compliance by offering a discount. This discount would also decrease city revenue. It's analogous to paying criminals not to commit crime. It is imperative that these cruise lines make a fuel change before being allowed into our port. The research is clear. Without doing this, they will continue pollute the environment and cause irreparable damage to it and living things. I hope you will put the health of the community first. Please require these cruise lines to use a healthier fuel before they are allowed into our port. Thank you. Susan Anspacher 88 Skylark Road From: Karina Napier <karina@karinanapier.com> Subject: April 8 Agenda: Scrubber Wash Ban discussion Date: Mon, Apr 6, 10:08 AM Dear Councilors & City Staff, I'm writing to ask that you consider the requests put forth by the Portland Cruise Control group (PCC), presented with leadership by JoAnn Locktov. We all agree that PCC, the S & T Committee, and the city staff all share one goal: to end scrubber wash discharge into Casco Bay. This is great! 1. Do note: the $2/passenger tarrif would be a huge step forward. Page 48 However, as JoAnn points out, this charge is not enough to incentivize cruise ships to change fuels! The cost to change fuel is $3.50/passenger, therefore the $2/passenger fee is actually saving the cruise lines money by sticking with dirty fuel. 2. We ask that the committee add a protective clause to Tariff#11 that takes effect automatically if and when the Vessel Sanitation Discharge Act (VIDA) is enforced by the USCG. Otherwise, VIDA will preempt Portland's ability to prohibit a scrubber wash discharge using the Port Terminal Tariff. JoAnn has a full debrief on how to approach this. 3. Lastly, please create a Community Benefit Agreement! This is actionable now! You, as city staff, have the authority to negotiate a bilateral agreement requiring cruise lines to use cleaner fuel as a condition of port access. Recommended by the Port of Seattle, this collaborative approach is VIDA-proof, precedented, and would be ready for the 2027 season. Also: Did you know that in Puget Sound, in response to community concerns, Holland America, Princess, and Carnival fleets stopped using their scrubbers in 2021? The use of scrubbers is currently restricted in Seattle and 45 additional countries. Portland has the opportunity — and the obligation — to put the health of its residents and Casco Bay first. Thank you, Karina Napier 99 Monument Street Portland, ME 0401 From: Maggy W <mswnola@gmail.com> Subject: Cruise Ship Scrubber wash Date: Mon, Apr 6, 10:14 AM To Members of the Sustainability and Transportation Committee, I was gratified to read that the committee is pursuing potential measures to reduce the cruise ship pollution of our air and water in the Portland Harbor. Although I certainly applaud your undertaking this important issue, the word "potential" is operative in the approach you seem to be taking of offering a discount for not using scrubbers while in port . There is absolutely no guarantee that any of the cruise ships would opt for the discount as is currently being discussed. Therefore it is possible we would not see any reduction in the air or water pollution as a result. A better approach with guaranteed results would be the adoption of a tariff revision to ban the use of scrubbers in the harbor. If the city of Portland is concerned that VIDA adoption would nullify this tariff revision, the second best approach to reduce the pollution of our air and water would be to adopt a Memorandum of Understanding with the cruise lines that Page 49 they will not use scrubbers in our harbor. The port of Seattle has effectively taken this measure, so there is an easy precedent for this approach that Portland could adopt. The cruise ship industry is making record-breaking profits without having to cover the costs of the damage they inflict on the environment of the coast of Maine. The state is already looking at various legislative tools to ensure that polluters pay for the mess they force on us. Obviously businesses would rather pass these costs to the taxpayer, but we are realizing that this burden has become unsustainable. More importantly, the damage to our environment is even less sustainable and it is time that the cruise lines reduce their impact on our planet, starting with our own harbor and city. It seems that the city has until now been reluctant to push back in even the slightest way on the cruise lines. I understand there are some businesses in the city that are profiting from the passengers who shop for trinkets and souvenirs, but the rest of us are paying a very high price for this business. Thank you, Maggy Wolf 28 Saint Lawrence Street From: Jim Melloh <toxmelloh@gmail.com> Subject: Scrubber discharge is harming our bay and health Date: Mon, Apr 6, 2:48 PM April 6, 2026 Dear S&T Committee Members, Thank you for your service. I am very concerned about the risk scrubber discharge poses for Casco Bay and the citizens of Greater Portland, human and otherwise. While I appreciate the intent of the city staff's proposal to offer cruise lines a discount for not using dirty fuel while at port, it seems to be a cost burden for Portland citizens who would be making up that difference. This would be a rewarding the cruise lines for doing something, switching to cleaner fuels, which they morally should be doing and legally could easily be required to do by Portland. At the same time there is no guarantee any of the cruise lines would take this offer, especially since it does not completely cover the cost of switching to cleaner fuel, and profit seems their prime motive. Waiting to see if this measure is effective puts further pollution into our bay and lungs. Page 50 The bay is already dying. We cannot afford delay. Please implement a tariff discharge revision as soon as possible. This is the most direct and effective approach to the dirty fuel problem. Legally it is sound. I am aware that now there is a "what if?" around VIDA. Best to not presume anything and proceed with the tariff revision as if it will be reality, versus delaying any substantial intervention further. If a VIDA restriction does happen, Mr Moon's suggested M.O.U. is the next viable solution. Similar measures have been successful elsewhere. Thank you Troy! Thank you for your time and dedication. Sincerely, James Melloh MD, MS From: Kari Johnson <karijohnson1914@gmail.com> Subject: Public Comment: April 8 agenda -Scrubber Wash ban discussion Date: Mon, Apr 6, 4:13 PM Kari Johnson 84 Carleton St. #20 Portland, ME 04102 April 6, 2026 Sustainability and Transportation Committee City Council, Mayor, and City Manager City of Portland, Maine RE: Public Comment for April 8 agenda -Scrubber Wash ban discussion Dear Members of the Committee, City Council, Mayor Dion, and City Manager West: I want to begin by acknowledging what is genuinely good news: the City has finally recognized that scrubber wash discharge is a problem worth addressing. That is a meaningful first step. However, the approach outlined in the March 12 press release — offering cruise lines a $2 per passenger discount to voluntarily switch fuels — is well-intentioned but flawed. I write as a Portland resident and West End neighbor to explain why, and to urge the Committee to choose a stronger path. Page 51 The Discount Approach Undermines the Port's Own Financial Argument The city is raising tariffs — from $18 to $24 per passenger, plus infrastructure fee increases — because, as the press release makes clear, the port needs that revenue to cover infrastructure, maintenance, operations, dredging, and improvements. Those are real and legitimate expenses. But in the same breath, the city is offering to collect less of that revenue in exchange for behavior the cruise lines should already be required to provide. This matters even more in light of Portland's current budget reality. As reported by the Portland Press Herald in February, the city is facing a proposed tax levy increase of nearly 19% — far above the 5-7% target set by the City Council. Department budgets are being cut. Residents are being asked to absorb higher property taxes on top of a 14% increase last year. The median property tax bill has risen to nearly $7,000. In this environment, voluntarily discounting port revenue to subsidize an industry that recorded over 72 billion in profits last year is very difficult to justify to Portland taxpayers. A Discount Rewards Pollution — and Cedes Portland's Leverage In a healthy government-industry relationship, you do not offer to pay an industry to stop damaging the air your constituents breathe and the water your fisheries depend on. By framing this as an incentive rather than a requirement, Portland has handed the cruise lines a troubling negotiating position: if you want us to stop polluting, charge us less for the tariff you say you need. That is not a partnership — that is the City ceding its power. We also know from research done in Alaska that switching to cleaner fuel costs cruise lines approximately $3.50 per passenger per day. A $2 discount does not cover that gap — meaning the incentive is likely insufficient to change behavior at all. When cruise lines voluntarily absorb out-of-pocket costs to benefit a port community, it is rare. When they are required to, they comply. The City Already Has the Authority — and the Tool — to Simply Require It Portland does not need to offer a discount. It does not need to wait for VIDA, or for a federal study, or for a voluntary agreement that may never materialize. The City has two legitimate pathways available right now: a revision to Rule 8 of the Terminal Tariff, or a seriously negotiated Memorandum of Understanding. Both Seattle and Vancouver used their terminal tariffs to prohibit scrubber wash discharge — effectively, immediately, and without reducing port revenue. Portland can do the same. The science supporting a ban is overwhelming and current. Twenty-six peer-reviewed studies compiled by Pacific Environment in 2024 confirm that scrubber discharge is toxic to marine life at concentrations as low as 0.0001%. One NIH-published study found that scrubber effluent is even more toxic to copepods — the tiny crustaceans that form the base of the marine food web and the primary diet of larval fish — than crude oil. The authors described the combined effect of scrubber contaminants as a "witch's cauldron" of toxicity. This is not a fringe view. It is the scientific consensus. Page 52 Meanwhile, eelgrass beds in Casco Bay have declined 54% in just four years. Eelgrass captures 4 to 10 times more carbon per acre than a forest and supports entire chains of marine life. We cannot afford to wait for the perfect study or the perfect moment. We don't need to prove secondhand smoke is dangerous before we ask someone to stop smoking in our living room. My Request I urge the Committee to move beyond incentives and adopt a clear prohibition on scrubber wash discharge while cruise ships are berthed at Portland's municipal facilities — through a Terminal Tariff revision or a binding MOU. This approach costs the City nothing, protects our harbor, our fisheries, our eelgrass, and the health of Portland residents, and aligns us with over 45 countries and ports including Seattle, Vancouver, California, and Connecticut that have already acted. A cruise line that earns over 72 billion a year can afford to burn clean fuel for the eight hours it is a guest at our dock. Portland holds the power here. I hope the City will use it. Respectfully, Kari Johnson From: Bill Weber, Portland Climate Action Team <wjweber77@gmail.com> Subject: PCAT Comments on Proposed Tariff No. 11 Date: Tues, April 7, 7:58AM The Sustainability and Transportation Committee have previously taken many public comments on the negative health and environmental impacts from cruise ships visiting our harbor. The adverse environmental conditions documented by Portland Cruise Control (PCC) and PCAT are undeniable. The only question is what do we do with that information? Do we limit the number of ships visiting our port or do we encourage better environmental practices? The PCC has proposed a ban on scrubber discharge which in effect would hamper the use of dirty fuels when ships are docked. This ban could be enacted as part of the proposed Tariff No. 11 or come into effect through a Community Benefit Agreement that the city could negotiate. Director Hipple has instead proposed a tariff schedule that incentivizes cruise ships to use cleaner fuels when they are docked at the city's terminal or pier. Incentives have been proven successful at other ports serving the cruise line industry. The Port of Long Beach and the Port of Los Angeles offer financial incentives to cruise ships that use cleaner burning engines. The program has been extended several times and has been considered a success. It should be recognized that the billion dollar cruise ship industry is very aggressive and litigious. They are currently involved in legal actions against US municipalities and states who have sought to influence their operations. The City and Bureau of Juneau, Alaska has incurred Page 53 substantial legal costs, with over $850,000 for a single lawsuit and an estimated $1.6 million total to defend against CLIA lawsuits regarding fee usage. We believe Director Hipple is in the best position to develop a plan to address the environmental liabilities while balancing the possible legal risks. One legitimate concern we have heard from the public and our members is the idea that cruise lines are getting a discount to do the right thing. Why should they be rewarded for being a responsible actor, shouldn't that be a given to do business with the City of Portland? We believe the small additional per passenger fee for ships that continue to use dirty fuel oil should be directed to the affected communities through the Climate Action Fund. This fund was specifically established for this type of issue. Penalties collected from polluters can provide funding for projects that avoid or minimize neighborhood pollution and therefore offset the dirty emissions from the docked cruise ships. This pragmatic approach would do much to address the negative public reaction to the Tariff No 11 proposal. It would be immoral to use these funds in any other way. If the proposed incentive is inadequate to move a significant number of ships to use clean fuels then the incentive could either be increased or a Community Benefit Agreement could be negotiated at the end of the tariff period. PCAT appreciates the S&T Committee and Directors Hipples' attention to this issue and the intended action to improve air quality for the residents of Portland. From: Ann Oliver <anngaryoliver@me.com> Subject: Agenda 3b: Committee review: Adjusting Tariff 11 to incentivize cruise ships to use of low-sulphur fuel in port Date: Tues, April 7, 11:55AM Dear Chair Phillips, Councilor Bullet, and Counselor Ali, We have been working SO hard to build awareness about the toxic impacts of scrubbers!! Our air is compromised by the horrible emissions of particulate matter and black carbon, and we know that there are millions upon millions of gallons of contaminants that are dumped directly into Casco Bay, harming every living creature. The fact that we are all now in agreement that scrubber use by cruise ships must end is FANTASTIC! What I don't understand is why we would offer the multi billion dollar cruise lines a discount for stopping poisoning our air and water? Isn't that like rewarding polluters to stop polluting? The cruise lines are guests in our beautiful port. Casco Bay is the soul of Portland. We cannot allow this industry to continue to use scrubbers because the scientific evidence is absolutely undeniable. We understand that the cruise lines industryare an incredibly powerful group and that they will fight us hard. Tourists love our city because of the clean air and pristine water. We Page 54 cannot allow the cruise industry to destroy the very thing that attracts them in the first place. We must use whatever tools are at our disposal to REQUIRE the cruise lines to use cleaner fuel. The cruise lines need Portland more than we need them, as there are only two deep water ports in Maine for them to visit; Eastport and Portland. They've already lost Bar Harbor. The city staff needs to show courage and not experiment with our health. We are grateful for all that you're doing! Sincerely, Ann Oliver 94 Neal Street Portland, 04102 From: ddbmaine <ddbmaine@yahoo.com> Subject: April 8 agenda, Portland’s Terminal Tariff/ Scrubber Ban Discussion Date: Tues, April 7, 11:58AM April 7, 2026 RE: April 8 agenda, Portland’s Terminal Tariff/ Scrubber Ban Discussion Dear Chair Phillips, Councilor Ali and Councilor Bullett, I greatly appreciate your acknowledgement of the threats that the use of Heavy Fuel Oil and scrubber wash discharge pose to citizen health, our bay, and to our working waterfront. I am thankful that this committee, in partnership with the city staff, is attempting to mitigate these urgent threats. However, I do not believe that paying the hugely profitable cruise ship industry a $2.00 per passenger discount to voluntarily switch fuels is an effective way to solve this issue. Voluntary compliance does nothing to guarantee that the cruise ships will burn cleaner fuel. In fact, it appears that as it costs approximately $3.50 more per passenger to change to cleaner fuels, it would be more profitable for cruise ships to continue to burn HFO. More importantly, this discount would also decrease city revenue, ultimately placing higher burdens on taxpayers like me. As an older, working-class property owner who is struggling to keep up with the recent property tax increase and may be facing yet another one (!?!), I strongly object to subsidizing an industry that reported 72 billion in profits last year. Why would we reward intentional polluters? Nobody pays me to recycle. I pay a hefty amount to get rid of my garbage every week. If I dumped a bunch of toxic chemicals into the bay, the Department of Environmental Protection would come after me. Why would we allow this large-scale pollution of our water and then offer the cruise ship industry money to voluntarily stop? The only true path forward is to require compliance. Portland Cruise Control has put forth several strong alternative options that would ensure successful elimination of HFO pollution from the cruise ship industry. Either path can move forward immediately with a carefully navigated approach: 1. Revision to Rule 8 of the Terminal Tariff - the committee could add a protective clause to Tariff#11 that takes effect automatically if VIDA does not preempt scrubber wash as a prohibited discharge by October 2026. Page 55 2. Negotiated Memorandum of Understanding - City staff has the authority to negotiate a bilateral agreement requiring cruise lines to use cleaner fuel as a condition of port access. This is an option that could be implemented immediately and could not be impacted by VIDA. You are agents elected to represent the best interest of the citizens of Portland by protecting public health, the livability of this city, and the long-term viability of our shared natural resources. I implore you to do better by placing the costs and burden of public safety and environmental protection where it belongs… on the offenders, the cruise ship industry. The fact that California, Connecticut, Washington and other communities have successfully Held the cruise ship industry accountable by executing limitations on scrubber use and wash discharge is a sign that Portland can and should follow suit. Thank you in advance for your consideration and support. Susanna Richer East Deering From: Sean Mahoney <smahoney@clf.org> Subject: CLF comments on Proposed Tariff No. 11 Date: Tues, April 7, 5:08PM Good evening Committee Members, Councilors and Directors, As I understand that you will not be taking direct testimony at tomorrow night’s meeting on the proposed Tarriff No. 11 on cruise ships that use Portland Harbor, I wanted to submit a short note to indicate the Conservation Law Foundation’s support of the comments submitted by the Portland Climate Action Team earlier today. In a year when the Council approved the closure of the City’s last commercial coal storage pile, it seems only appropriate that the City address the air pollution that is generated by the large cruise ships who visit Portland every year. It also is appropriate as suggested by PCAT, that any funds generated by the incentives to use cleaner fuels be allocated to the City’s Climate Action Fund to provide support for other projects that would minimize pollution in Portland. CLF appreciates the work of this Committee and Directors Moon and Hipple to identify and implement new and creative measures to address the climate and pollution challenges facing Portland. Thank you. Sean Sean Mahoney Vice-President and Senior Counsel Conservation Law Foundation 53 Exchange Street Portland ME 04101 (207) 210-6439 Page 56 CASCO BAY TRAIL ALLIANCE Page 57 Overview ► Introduction to Casco Bay Trail Alliance Vision ► Brief explanation about benefits of trail ► Connections to Roux Institute ► Connections to Portland trails and other long-distance trails Page 58 Introduction to Casco Bay Trail Alliance ► 72 mile loop connecting Portland, Lewiston / Auburn, and Brunswick ► Includes a 26-mile state-owned corridor from Portland to Auburn ► Portland terminus of the trail is in East Deering, right next to Roux Institute campus Page 59 Page 60 Extension of the Same Corridor as the Eastern Prom Page 61 Casco Bay Trail from Yarmouth to Portland Page 62 Casco Bay Trail- Portland (highlighted in dark green) Page 63 Page 64 Benefits of the Casco Bay Trail ► Sustainability - ► fewer car trips ► connects to public transit – BREEZ, Metro Bus Lines 7 and 9A, 9B ► Safety – Walk, bike, access the outdoors without danger from vehicle traffic ► Public health – enjoying the outdoors for mental and physical health ► Accessible to all users - bikes, walking and running, wheelchairs, strollers, and more ► Providing safe transit for aging Mainers, children, and people who do not have cars ► Economic benefits – e.g., study about Eastern Trail Page 65 Vision for Portland as Hub for Active Transportation Network ► Recent grant: Connecting Roux Institute Campus in East Deering to Eastern Prom and Back Cove ► Updates in Mountain Division Trail and Eastern Trail Page 66 Page 67 South Portland Greenbelt and Eastern Trail - connecting communities from Kittery north Page 68 https://mountaindivisionalliance.org/map Page 69 Questions? Page 70 City of Portland | Executive Department Danielle P. West, City Manager To: Sustainability and Transportation Committee Councilor Regina Phillips, Chair MEETING DATE April 8, 2026 AGENDA ITEM Agenda Item #3C - Casco Bay Trail PURPOSE Update the committee on the Casco Bay Trail project and next steps related to governance, planning, and future construction subject to funding appropriations. COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT The City Council’s 2026 Common Goals include a goal of reducing pedestrian and bicyclist fatalities. The Casco Bay Trail project supplements the local and regional multi-use trail network, diversifies the regional transportation system, and provides a new opportunity for commuting and recreation. BACKGROUND/ANALYSIS The Maine Legislature passed S.P. 47 - L.D. 30 and the Governor signed into law in June 2025. It directs the Department of Transportation (MaineDOT) to implement the recommendations of the Portland to Auburn Rail Use Advisory Council (RUAC). Specifically, MaineDOT shall, “subject to available funding resources, permitting and municipal agreements, remove state-owned inactive existing railroad track along the section known as the Berlin Subdivision between the City of Portland and the City of Auburn, from a point north of the swing bridge at Back Cove in Portland at or near mile marker 1.7 to mile marker 26.5 in Auburn, and replace the track with an interim bicycle and pedestrian trail surfaced with pavement or gravel or stone dust on the existing rail bed” The RUAC was formed in April of 2022 by the MaineDOT Commissioner as a result of L.D. 1133, An Act To Amend the Transportation Laws. In a 2024 split vote, the RUAC endorsed a “trail until rail” alternative for Berlin Subdivision rail corridor. This issue was considered by Portland’s Sustainability & Transportation Committee in late 2024, although no action was taken. Portland’s Legislative & Nominating Committee voted to endorse L.D. 30 and authorized the Mayor to submit a letter supporting the trail-until-rail alternative for the corridor. Figure 1 provides an illustration of the trail corridor. 1 Page 71 Figure 1: SLR Corridor The Casco Bay Trail has been prioritized in the Portland Area Comprehensive Transportation System’s (PACTS) Regional Trail Plan and identified in Connect 20250, the region’s long range transportation plan. MaineDOT has allocated $600,000 to support preliminary planning of the Casco Bay Trail, which includes a combination of federal and state funding and will require a 10 percent match from municipalities. Because the trail corridor passes through multiple municipalities, MaineDOT recommends establishing a single multi-jurisdictional entity to coordinate among municipalities and serve as a single partner with the State. The Greater Portland Council of Governments (which manages PACTS) is facilitating a process to convene the municipalities along the trail corridor and assist with the establishment of an appropriate multi-jurisdictional entity. The model under consideration would be an interlocal agreement that establishes the Casco Bay Trail Board of Supervisors to oversee and coordinate the planning, construction and (potentially) operations of the multi-use interim trail along the 24.8-mile stretch of state-owned railroad track between Portland and Auburn. There is precedent for this approach to infrastructure projects spanning multiple municipalities. For example, the municipalities along the Mountain Division Trail, the Merrymeeting Trail, and the Kennebec River Trail have created interlocal entities to facilitate different parts of trail development, construction, and maintenance. City of Portland staff is participating in GPCOG’s process and reviewing a draft inter-local agreement. Following this review, the proposed agreement will be provided to the Committee and City Council in May 2026 for consideration and approval. 2 Page 72 FISCAL IMPACT Portland’s only initial financial obligation is $15,000, in conjunction with contributions from partner municipalities, to match MaineDOT’s $600,000 allocation of federal and state funding. This amount will support preliminary planning activities. In the event the Casco Bay Board of Supervisors is formed through an approved interlocal agreement, the board will have the authority to take actions related to planning and constructing the trail. To fund those activities, the board will work with MaineDOT to secure federal and state funding, solicit private donations, and assess funding contributions from member municipalities. Any board approved funding assessments required from member municipalities would be reviewed by the City Council as part of its regular operating budget process. City staff are continuing to work with GPCOG and partner organizations to clarify how financial obligations will be passed onto municipalities. The estimated cost to plan and construct the entire trail is $47-55 million. While it is anticipated the most of this cost would be covered by federal and state funding, staff anticipate that at least 10% would need to come from member municipalities and possibly private donations. The annual operating and maintenance expense is estimated to be approximately $100-200k per year. At this time, it is not clear whether the Board of Supervisors would coordinate operating activities directly with municipal funding support, or if municipalities would handle it directly. CONCLUSION(S) This item is for information and discussion. The interlocal agreement will be presented to the Committee in May for review and possible action to recommend to the City Council. PRIOR COUNCIL/COMMITTEE REVIEW City Council (September 9, 2021) - Passed Resolve 1-21/22 Sustainability & Transportation Committee (January 11, 2023) - Staff Presentation Sustainability & Transportation Committee (March 8, 2023) - Staff Presentation Sustainability & Transportation Committee (October 9, 2024) - Staff Presentation PREPARED BY Greg Jordan Assistant City Manager Executive Department ATTACHMENTS Attachment A - Casco Bay Trail Alliance Presentation 3 Page 73 City of Portland | Sustainability Office Troy Moon, Director To: Sustainability and Transportation Committee Regina Phillips, Chair MEETING DATE April 8, 2026 AGENDA ITEM Agenda Item #3D PURPOSE To brief the Committee about the purpose and mechanics of the Climate Action Fund. COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT N/A BACKGROUND/ANALYSIS On November 18, 2024 the City Council adopted the Climate Action Fund in order to provide a source of funding for actions that advance goals established in the One Climate Future climate action plan. It took effect on July 1, 2025 making this the first fiscal year that it could begin accepting funds. During the meeting we will review the purpose of the fund, the sources of revenue that contribute to the fund, and the requirements for disbursement of funds. FISCAL IMPACT CONCLUSION(S) PRIOR COMMITTEE REVIEW May, 2024 PREPARED BY Troy Moon, Sustainability Director 1 Page 74 Attachments CHAPTER 2 ARTICLE XII. CLIMATE ACTION FUND 2 Page 75 City of Portland Administration Code of Ordinances Chapter 2 Sec. 2-458 Rev. 11-20-2017 the applicant’s death, but the right may be exercised on behalf of the applicant by the applicant’s legal guardian or attorney-in-fact. If an applicant dies after having filed a timely and complete application that results in a determination that the applicant is eligible, the amount determined by the Director shall be disbursed to another member of the household as determined by the Director. If the applicant was the only member of a household, then no payment shall be made under the Program. (Ord. No. 75-17/18, 11-20-2017) Sec. 2-459. Effective date. This ordinance shall apply to benefit applications filed with the City on or after March 15, 2019, for a benefit relative to the 2018 income tax year and subsequent income tax years. (Ord. No. 75-17/18, 11-20-2017) ARTICLE XII. CLIMATE ACTION FUND Sec. 2-460. Purpose The purpose of enacting this article is to establish a climate action trust fund within the City’s general fund to facilitate implementation of the decarbonization and resilience strategies detailed in One Climate Future, the climate action plan adopted by the City Council in November, 2020, and to achieve the carbon reduction goals established by the City Council by Resolve 7-16/17, committing that municipal operations will run on 100% clean energy by 2040; Resolve 9-17/18, committing to reduce community wide emissions 80% by 2050; and Resolve 8-19/20, declaring a climate emergency and committing to prioritize climate actions within the 2030 timeframe. Sec. 2-461. Establishment of the Climate Action Trust Fund. The City Council hereby establishes a special revenue account under the name “City of Portland Climate Action Trust Fund.” Deposits into the fund shall include the following general fund revenue sources: (a) Proceeds from the sale of renewable energy credits (RECS) awarded to the City through its participation in City general fund projects resulting in the generation of electricity or thermal energy; 2-94 Page 76 City of Portland Administration Code of Ordinances Chapter 2 Sec. 2-460 Rev. 7-1-2025 (b) Funds appropriated to be deposited into the fund by vote of the City Council; (c) Voluntary contributions of money, sale proceeds, or other liquid assets to the fund; (d) Any penalties or payments resulting from non-compliance with sustainability related ordinances, including Chapter 6, Article X (Energy Benchmarking), and Chapter 34, Landcare; and (e) Any federal, state or private grant or loan funds provided for the purpose of beneficial electrification, energy efficiency, or reducing carbon emissions from municipal operations or community sources. Sec. 2-462. Eligible Expenditures Eligible expenditures of funds deposited into the fund shall include: (a) Costs to operate the Sustainability Office including staff salaries, interns, public outreach and engagement, professional development, software licenses or subscriptions, and other expenditures necessary to maintain the Office; 1. At no time shall the eligible expenditures on staff salaries exceed $125,000. (b) Costs necessary to secure grants, including grant writing support and local match for grants that advance strategies in One Climate Future; (c) Consulting costs, including greenhouse gas inventories, engineering studies, energy audits, and technical consulting for projects designed to reduce carbon emissions or promote community resilience; (d) Investments in assets that advance climate goals; (e) Investment in community programs that promote resilience and carbon reduction, including micro-grants for community- based action, tree planting, and programs to support adoption of renewable energy and energy efficiency. Sec 2-463. Management of the Climate Action Trust Fund The City Manager, or designee, shall serve as the manager of the 2-95 Page 77 City of Portland Administration Code of Ordinances Chapter 2 Sec. 2-462 Rev. 7-1-2025 Climate Action Trust Fund. The responsibilities of the manager, subject to the orders of the City Council, shall include: (a) Maintaining the financial and other records of the climate action trust fund; (b) Disbursing and collecting climate action trust fund monies; and (c) Monitoring the use of monies expended and assuring compliance with the purposes of the fund and the conditions under which any portions of the fund were granted or loaned. Sec. 2-464. Climate Action Trust Fund Annual Report. Each fiscal year, the City Manager or a designee shall communicate to members of the City Council or City Council subcommittee a summary report detailing the deposits into and funds drawn from the climate action trust. Sec 2-465. Distribution and use of the climate action trust fund’s assets. 1. All distribution of principal, interest or other assets of the Climate Action Trust Fund shall be made in furtherance of the public purposes set out in this Article. 2. Funds distributed from the Climate Action Fund require appropriation from the City Council (Charter Article II, Section 11) and will be appropriated during the annual budget process. (Ord. No. 81-24/25, 11-18-2024) --- Editor's note--Ord. No. 81-24/25 was passed on 11-18-2024 with an effective date of 7-1-2025. 2-96 Page 78 City of Portland, ME Landcare Ordinance Annual Summary Report This sixth annual report is submitted in accordance with the Chapter 34 of City Code: Landcare. This report details pesticide and fertilizer usage data across public and private lands, outlines the City’s educational outreach initiatives, and provides strategic recommendations for ordinance amendments to better protect the environment and public health. Executive Summary ● The Sustainability Director received 32 reports from State of Maine licensed applicators for 2025 compared to 34 applicator reports for 2024. ● The Landcare Management Advisory Committee received 7 waiver requests in 2025. ● The Sustainability Office ran a Plant Native campaign and continued the Summer Landcare Webinar Series, hosting programs that covered commonly introduced plants in Maine, ideal native plants for different types of yards, and how urban runoff from fertilizer overuse can create ecosystem disruption. ● During the past year, Portland Parks, Recreation & Facilities Department actively worked to combat invasive species, increase biodiversity, and improve tree equity. The Parks crew has also led the charge to improve soil conditions across the City’s green spaces by incorporating aeration and organic matter amendments to improve water and nutrient holding capacity of the soils. ● The Landcare Management Advisory Committee was dissolved by Council order; the Sustainability & Transportation Committee is to consider amendments to Chapter 34 in 2026. Page 1 of 6 Page 79 2025 Applicator Reported Data ● The Landcare Ordinance requires that licensed applicators submit an annual report containing the following information for applications performed in the City of Portland in the prior year: target site, pesticide brand name, EPA registration number, total undiluted formulation, and total area treated as listed and as amended on the Commercial Applicator Annual Summary Report required by the Maine Board of Pesticide Control. ● To notify applicators of this requirement, we utilized the Maine Landscape & Nursery Association and State of Maine Board of Pesticide Control lists and sent notice via email to all licensed applicators in Cumberland County. ● We received reports from 32 businesses, two fewer than last year. Two businesses reported they had no applications in Portland in 2025. Reports were received from: 1. A1 Exterminators 14. Maine Pest Solutions 23. Prep-Clean 2. Ant Man Pest Control, Inc. 15. Maine Tick & 24. Protect Pest Services 3. Anticks Pest Control LLC Mosquito Control, LLC 25. Rainbow Restoration of 4. Ants ETC Pest Service 16. Mainely Grass Greater Portland 5. Bartlett Tree Experts Holding LLC 26. Riverside Golf Course 6. Big Blue Bug Solutions 17. Mainely Ticks 27. Sterling Insect - Lawn 7. Bouchard Cleaning and 18. MD Weaver Control Inc Restoration Corporation 28. Superior Pest Services, 8. Burnell Pest Services 19. Modern Pest Services Inc 9. EZ Pest Solutions 20. Mosquito Squad of 29. The Davey Tree Expert 10. GrassGeek LLC (no Southern Maine Company applications) 21. Mission Turf Services 30. TruGreen 11. Green Pest Defense LLC 22. Precision Pest 31. Top Leaf Tree LLC 12. Liberty Pest Control, Inc. Control, LLC (no 32. Waltham Pest Services 13. Magic Carpet Cleaning & applications) Restoration It is important to note that we do not know how many pest management and landscaping companies operate in Portland so we do not know how many firms are required to submit reports. For more details about the pesticides used, their active ingredients, and target pests, see Attachment A. Reports received indicate that commercial applications are predominantly for exempt uses including mosquitos and ticks (M&T), rodent control, carpenter ants, roaches, and bedbugs, which are exempt applications. Page 2 of 6 Page 80 Waiver Requests There were 7 waiver requests submitted in 2025. Waiver 1 Problem/pest: Japanese Knotweed Waiver Denied Waiver 2 Problem/pest: Asiatic bittersweet Waiver Request Revoked by Applicant Waiver 3 Problem/pest: Tree of Heaven Waiver Denied Waiver 4 Problem/pest: Japanese Knotweed Waiver Denied Waiver 5 Problem/pest: Japanese Knotweed Waiver Denied Waiver 6 Problem/pest: Asiatic bittersweet, Norway Waiver Granted maple, common buckthorn, and multi-flora rose Waiver 7 Problem/pest: Tree of Heaven Waiver Granted Portland See-Click-Fix Resident Complaints on Pesticide Use ● The City of Portland relies on community-sourced reporting through the SeeClickFix platform to monitor compliance with the Landcare Ordinance. In 2025, residents filed 7 SeeClickFix reports about potential Landcare Ordinance violations. Summary of Commercial Applicator Annual Reporting Summary Data (2019 to 2024) Portland Pesticide Annual 2025 2024 2023 2022 2021 2020 2019 Report Areas # of Pesticide Annual Reports 32 34 36 40 44 36 22 Submitted Resident Complaints 7 3 7 12 6 12 0 (Portland SeeClickFix) # of Waivers Submitted 7 2 0 0 1 1 2 # of Waivers Submitted 1 1 0 0 0 0 0 Approved # of Education and Outreach >12 12 8 5 2 4 7 Efforts Held Education and Outreach Efforts in 2025 ● Sustainability Office staff organized three webinars this summer, as part of our Landcare Lunchbreak series. These webinars focused on a variety of sustainable landcare topics and are available on our Landcare website and our YouTube channel. Page 3 of 6 Page 81 ○ “What Can We All Do for Stream Health? Let's Talk About Phosphorus” with Luke Frankel of Natural Resources Council of Maine who taught us about the complex local ecosystems affected by runoff from fertilizer overuse. ○ “Cool Plant, Wrong Place: How to Correctly Remove Invasive Plant Species” with Mila Plavsic, PhD, of Falmouth Land Trust, who showed us commonly introduced plants in Maine, their unintentional harm, and how to remove them. ○ “Right Plant, Right Place: Choosing the Right Native Plant for Your Yard” with Andrew Tufts of Maine Audubon who described all of the best native plants for different types of yards. ● Portland and South Portland Sustainability Office staff hold monthly Coffee & Climate webinars. Two of our 2025 webinars focused on landcare related topics. We promote these events in our monthly One Climate Future newsletter and they serve as a great catalogue of future resources. ○ In June, our webinar focused on the importance of Stormwater Management. Our speakers, South Portland Stormwater Program Coordinator Aubrey Strause and Portland Stormwater Coordinator Doug Roncarati, discussed the importance of both Cities’ Landcare Ordinances and how green infrastructure can help prevent water pollution. ○ In August, our webinar focused on Living Shorelines. Our speaker, Pete Slovinsky from the Maine Geological Survey discussed how we can take nature-based approaches (plants, rocks, sand) to protect our coastline against the impact of coastal erosion and enhance coastal ecosystems. We promoted this event in our monthly One Climate Future newsletter. ● Sustainability Office staff continued outreach efforts with the educational campaign “Mow Tall Until Fall”. This year, WMTW picked up the story and ran a news story and collaborative social media post about the campaign. Since 2023, we have handed out over 1,000 yard signs at community events (e.g., Portland Farmers Market, Wayside Pop-up Picnic events, Earth Day). ● We promoted the Eastern Prom Invasive Removal Series. In partnership with the City of Portland, Maine Audubon, Munjoy Hill Neighborhood Association, and Friends of the Eastern Promenade, volunteers removed invasive knotweed and plant native species every first and third Tuesday throughout the summer and fall. ● Sustainability Staff organized a fall “Apartment-Friendly Wildflower Workshop” where we provided free native seeds and planting materials and showed people how to properly overwinter native wildflower seeds. We also created educational “how-to” materials for those who could not attend. ● Sustainability Staff also designed a native wildflower poster with native seed packets attached and installed them across the city. People were able to take the packets of native wildflower seeds for free, with instructions on how to prepare them for spring bloom. This campaign was incredibly popular and we anticipate doing similar outreach next year. Page 4 of 6 Page 82 ● The Sustainability Office recently wrapped up the first round of our Sustainable Neighborhoods Mini Grants which awarded funding to 29 community-led projects from across the city! Many of these projects are rooted in sustainable landcare projects: ○ Parkside Native Pollinator Planting Project: Aims to convert three esplanades “hell strips” in the Parkside neighborhood into low-growing (<24") native, xeric pollinator gardens. ○ Fort Sumner Native Plant Garden: Aims to enhance Fort Sumner Park, both from ecological and aesthetic standpoints, and to encourage it to grow as a community space. ○ Garden Revitalization Project: Engage the community in the design and plan for community garden space and grow a vibrant, welcoming outdoor space where people can learn, gather, and connect with nature in the Deering neighborhood of Portland. ○ Parks Open House and Celebration: Host a community event to 1) celebrate significant recent improvements to our two island parks and the partnerships that helped make this possible, and 2) identify specific ways islanders of all ages can engage in caring for and creatively using these special places. ○ Community Gardens at 651 Forest Ave: Aims to add 8 community garden beds and a picnic table to the empty space behind the Odd Fellows building in an effort to create a nurturing and welcoming environment for our neighbors and community members. ○ Building a Community Pocket Park at Allen's Corner: Engages the community in Phase 1 of designing and building an age-friendly, public pocket park at the center of Allen’s Corner to encourage community connections across identities and backgrounds. ○ Introduction to Nature Journaling and other ecology related workshops like "Maine Critters: Insects": A project that aims to foster awareness, curiosity and appreciation of the natural world (especially insects) in our neighborhood and beyond through regular documentation of observations in our journals. ● Between social media, presentations to students and professionals, in-person community events and more, we have so many opportunities to highlight programming around sustainable landcare and composting. ● The City of Portland Landcare website was updated with the new ordinance information and continues to be updated regularly by City staff. See the website at portlandmaine.gov/landcare Portland Parks, Recreation, and Facilities Landcare Updates ● The Parks, Recreation & Facilities Department is continuing the initiative to improve biodiversity in our ecosystem to produce more robust and resilient urban habitats and forests. ○ The Horticulture crew has continued to integrate native perennial plantings whenever possible in the manicured garden spaces around town to reduce overall carbon emissions associated with the growing and installation of annual flower displays. The perennial plants are transplanted from the gardens in the late fall to overwinter in pots at the Canco facility as well as several locations in City Hall. Page 5 of 6 Page 83 ○ The Horticulture crew has also continued to expand its wintertime seed germination capacity to grow more of the herbaceous plants that populate our garden spaces in house. ● The Forestry crew planted 160 new trees in 2025, focusing on neighborhoods with the lowest tree equity scores and canopy coverage numbers. ○ Tree equity scores for the City of Portland can be viewed here: www.TreeEquityScore.org. ○ More than 25 individual species were planted to increase overall species diversity within the City’s tree canopy. ○ The Forestry crew went to great lengths to prepare sites and improve growing conditions for newly planted trees by excavating tree wells and replacing depleted urban soils with healthy soil wherever feasible. ○ Soil testing in 2024 revealed severely depleted and compacted soils in many of the greenspaces that are limiting plant growth and long term ecosystem health. The Parks crew has been leading the charge to improve soil conditions across the City’s green spaces by incorporating aeration and organic matter amendments to improve water and nutrient holding capacity of the soils. ● The Parks, Recreation & Facilities Department is continuing efforts to mitigate invasives species and disease in our City trees: ○ In 2025, the Department continued its efforts to manage the Emerald Ash Borer, involving the removal of infested trees in the City’s Right-Of-Way and the treatment of ~150 of the largest and healthiest ash trees to preserve them for future generations. ○ In 2025, the Department continued its efforts to manage the Elm Bark Beetle and Dutch Elm Disease. Dutch elm disease continues to be active in Portland and causes annual elm tree mortality. The Department’s 2025 efforts include the ongoing treatment that targets both the disease pathogen itself as well as the insect vector that spreads it (Elm bark beetle). ○ In collaboration with the Parks department, the Parks Conservancy undertook a pilot program of mechanical removal of Japanese knotweed along the midslope trail at the Eastern Promenade. Knotweed was repeatedly pulled by hand and the site was replanted with various conifer and deciduous tree species as a trial to test the effectiveness of volunteer driven invasive plant removal. Amendments to Chapter 34 The City Council dissolved the Landcare Management Advisory Committee and requested that the Sustainability & Transportation Committee review the ordinance (Chapter 34) and recommend potential amendments to the Council. The committee has one year to report to the Council. If no action is taken, Chapter 34 will revert back to the prior language on March 5, 2027. Under the recently adopted amendment, the Sustainability Director will receive requests for waivers from the requirements of the ordinance and make a recommendation to the Legislative & Nominating Committee about whether the waiver should be granted. The Legislative & Nominating Committee will decide whether to accept or reject the recommendation. The Committee’s decision will be final. Page 6 of 6 Page 84