This week committees quickened the pace, with the standard two-week notice period for public hearings being reduced to a one-week notice period. What this means is that from here on out, we will have less time to mobilize our membership around certain bills of interest, so keep an eye on your inbox for our communications. We will continue to do our best to keep you informed of the many moving parts.

Also this week, the Governor called the Legislature back in to a special session in order to complete the remaining work following last week's budget vote. The Appropriations Committee will begin discussions now for part two of the biennial budget, which will focus on new programs and priorities.

Here's a look at our week in Augusta.

On Tuesday, we were engaged on a number of issues before several different committees.

In Labor and Housing, we monitored the work session on LD 53, "An Act to Ensure Accountability for Workplace Harassment and Assault by Removing Intentional Acts and Omissions from Workers' Compensation Exemptions." This bill, which the Council opposed, received a divided report along partisan lines. The majority report limited the language to focus on sexual harassment claims where one employee has harassed another. Once reported out, this bill will advance to the full House for consideration.

The Committee also held a pubic hearing on LD 949, "An Act to Protect Workers from Employer Surveillance." Our testimony in opposition to this bill can be found here.

In the Education and Cultural Affairs Committee, LD 881, "Resolve, Directing the University of Maine System to Study the Development of a Course Regarding the Use of Manufactured Wood Products", received a divided report. This bill, which was supported by the Council, will go to the House for consideration once reported out of committee.

The Energy, Utilities and Technology Committee held a public hearing on LD 1232, "An Act to Increase Adoption of Solar Power in Maine." This bill, which includes a mandate that all new buildings of at least 25,000 square feet reserve 40% of applicable roof space for solar energy systems, was opposed by the Council. Our testimony can be found here.

***

On Wednesday, the Environment and Natural Resources Committee held a public hearing on LD 1246, "An Act to Include Endangered and Threatened Species Habitat in the Definition of "Significant Wildlife Habitat" Under the Natural Resources Protections Act." At the time this email went out last week, we had not yet taken a position on this bill. After further research, which included the review of a sponsor amendment that narrowed the scope of the bill, we testified in opposition in order to voice concerns we have with the current language that includes the endangered and threatened species in NRPA.

For example, there are a number of listed species, such as the recently listed Long-eared Bat, that cover a broad range of habitat that is present across the landscape, and it has been recognized that development is not a threat to this species - white nose syndrome is. This bill would require consideration of this habitat for projects that trigger NRPA, even if the specified habitat doesn't have bats present. We feel that regulating habitat without the proven presence of the species makes little sense.

This bill is scheduled for a work session this week. We will attend this meeting and hope that we can participate in the process as this bill moves forward.

***

On Thursday, we were back in the Labor and Housing Committee to oppose LD 1190, "An Act to Ensure a Fair Workweek by Requiring Notice of Work Schedules." This bill, which received wide opposition, would require employers to provide hourly employees with work schedules at least two weeks in advance, with penalties outlined for schedule changes that occur inside of that timeframe. Our testimony can be found here.

***

In the Taxation Committee on Thursday, we followed the work session for LD 341, "An Act to Amend the Maine Tree Growth Tax Law to Encourage Housing Construction." This bill, which we testified 'neither for nor against', received a divided report along partisan lines with the majority of the committee voting against the bill. Once reported out, it will proceed to the House next for further consideration. Our testimony on LD 341 can be found here.

***

That is all for this week. Next week will be busy with Sunday hunting day on Monday in IFW and mining day in ENR on Thursday, along with a host of other bills included below.

As you will see, an MFPC priority bill, LD 1222, "An Act to Expand Child Care Services Through an Employer-supported Tax Credit", is scheduled for a public hearing on Tuesday in Taxation at 1:00 pm. The Council encourages our members to either testify in person, over zoom or submit testimony electronically in support of this bill. For more information about it, see our recent newsletter here. Also, be sure to check the Morning Sentinel/Kennebec Journal's opinion section early next week for an opinion editorial on this bill co-authored by our Deputy Director, Krysta West, and Nate Cloutier from HospitalityMaine.

Please let us know if you are able to submit testimony or testify in person. We would like a strong showing from the business community on this bill, as it supports workforce participation and could be a powerful tool for employers to attract and retain workers, especially in underserved rural areas.

Also included in our April newsletter is an analysis of current market conditions and an outline of our position on tribal sovereignty, an issue that will be addressed by this Legislature. Please be sure to read it if you missed our email on it earlier this week.

That's all for now. As always, if you have any questions, or need help submitting testimony or contacting your legislator, please contact Krysta at [email protected].

Thank you.

Best,

Pat Strauch

Maine Forest Products Council

Bills scheduled for a public hearing

Public hearings are livestreamed and archived here on the Legislature's Website. Testimony will be accepted in-person, via Zoom or in writing. Committee meeting guidance for public/interested parties can be found here.

To sign up to testify via Zoom or submit written testimony, click here.

LD 626 - "An Act To Preserve Maine's Sporting Heritage And Enhance Sporting Opportunities For Maine's Youth By Allowing Maine's Youth To Hunt On Sunday"

Public Hearing in IFW on Monday April 10, 2023 @ 10:30 AM in Cross Building, Room 206

MFPC Position: Oppose

Sponsored by Donald Ardell, LD 626 allows licensed persons under 18 years of age who hold a valid hunting license or a valid junior hunting license and persons 18 years of age who hold a valid hunting license and are enrolled in secondary school to hunt wild animals and wild birds on private land on Sundays with the landowner’s written permission. The bill directs the Department of Inland Fisheries and Wildlife to establish rules to implement these provisions.

______________________________________________________________

LD 1166 - "An Act To Allow Sunday Hunting By Landowners On Their Land"

Public Hearing in IFW on Monday April 10, 2023 @ 10:30 AM in Cross Building, Room 206

MFPC Position: Oppose

Sponsored by Rep. Randall Hall, LD 1166 allows landowners who own land of 5 acres or more to hunt wild animals and wild birds on that property on Sundays. The Department of Inland Fisheries and Wildlife is directed to establish rules to implement these provisions.

_______________________________________________________________________

LD 1241 - "An Act To Allow Sunday Hunting With A Bow And Arrow Or Crossbow"

Public Hearing in IFW on Monday April 10, 2023 @ 10:30 AM in Cross Building, Room 206

MFPC Position: Oppose

Sponsored by Rep. Sophie Warren, LD 1241allows a person who has an archery license to purchase a Sunday hunting permit for $31 to hunt with a bow and arrow or, if the person has a valid crossbow permit, a crossbow. This bill distributes the revenue from the sale of the Sunday hunting permit to benefit the Land for Maine’s Future Fund and the Department of Inland Fisheries and Wildlife, Bureau of Warden Service and for the support of youth hunter education and experiential programs. The bill also amends the laws to allow a person to be in possession of a bow and arrow or crossbow on a Sunday if that person possesses a valid Sunday hunting permit.

______________________________________________________________

LD 1222 - "An Act To Expand Child Care Services Through An Employer-supported Tax Credit"

Public Hearing in TAX on Tuesday April 11, 2023 @ 1:00 PM in State House, Room 127

MFPC Position: Priority

Sponsored by Sen. Trey Stewart, LD 1222 would provide a refundable tax credit for an employer that pays or provides in-kind resources for child care for children of its employees. The amount of the annual credit would be 50% of the amount expended, up to a cap of $3,000 per child.

______________________________________________________________

LD 1111 - "An Act Concerning Contracts And Agreement For Large-scale Water Extraction"

Public Hearing in EUT on Wednesday April 12, 2023 @ 2:00 PM in Cross Building, Room 211

MFPC Position: Oppose

Sponsored by Rep. Maggie O'Neil, LD 1111 would amend the State's laws concerning contracts and agreements for the large scale extraction and transportation of water by requiring any such contract or agreement to be approved by a vote of the legislative body of each municipality and township located within the watershed from which water is to be extracted and transported pursuant to that contract or agreement. It also provides that a consumer-owned water utility may not enter into any contract or agreement with another entity for the large-scale extraction and transportation of water with a term longer than 3 years.

______________________________________________________________

LD 1363 - "An Act To Support Extraction Of Common Minerals By Amending The Maine Metallic Mineral Mining Act"

Public Hearing in ENR on Thursday April 13, 2023 @ 1:00 PM in Cross Building, Room 216

MFPC Position: Support

Sponsored by Rep. Scott Landry, LD 1363 amends the definition of "metallic mineral" in the Maine Metallic Mineral Mining Act. It provides that mining does not include calcium carbonate or limestone extraction or beneficiation to produce cement. It provides that permitted facilities that crush and mechanically sort material excavated from an open-pit mining operation are exempt from the performance, operation and reclamation standards in the Maine Metallic Mineral Mining Act under certain conditions. It allows the use of open-pit mining if certain conditions are met and establishes standards for the reclamation of the open-pit area of an open-pit mining operation.

______________________________________________________________

LD 1433 - "An Act To Exclude Pegmatites From The Definition Of "Metallic Mineral""

Public Hearing in ENR on Thursday April 13, 2023 @ 1:01 PM in Cross Building, Room 216

MFPC Position: Support

Sponsored by Rep. Michael Soboleski, LD 1433 would amend the definition of "metallic mineral" in the Maine Metallic Mineral Mining Act by removing thorium and uranium and adding pegmatite metals, minerals and gemstones to the excluded minerals.

______________________________________________________________

LD 1476 - "An Act To Amend The Definition Of "metallic Mineral" In The Maine Metallic Mineral Mining Act"

Public Hearing in ENR on Thursday April 13, 2023 @ 1:01 PM in Cross Building, Room 216

MFPC Position: Support

Sponsored by Sen. Lisa Keim, LD 1476 amends the definition of "metallic mineral" for purposes of the Maine Metallic Mineral Mining Act.

______________________________________________________________

LD 1495 - "Resolve, Establishing The Commission To Study The Role Of Critical Minerals As A Resource In The State"

Public Hearing in ENR on Thursday April 13, 2023 @ 2:00 PM in Cross Building, Room 216

MFPC Position: Neither for nor against

Sponsored by Rep. Lydia Crafts, LD 1495 would establish the Commission to Study the Role of Critical Minerals as a Resource in the State to study issues associated with the current limits on mining of critical minerals in the Maine Metallic Mineral Mining Act and, within the context of international climate change, whether mining of such minerals in the State can be accomplished safely with appropriate restrictions.

_______________________________________________________________________

LD 1471 - "An Act To Amend Provisions Of The Maine Metallic Mineral Mining Act"

Public Hearing in ENR on Thursday April 13, 2023 @ 2:00 PM in Cross Building, Room 216

MFPC Position: Oppose

Sponsored by Sen. Rick Bennett, LD 1471 would make various changes to the Maine Metallic Mineral Mining Act.

______________________________________________________________

LD 1508 - "An Act To Ensure A Strategic Approach To Maine's Energy Transition By Imposing A Moratorium On Lithium Mining"

Public Hearing in ENR on Thursday April 13, 2023 @ 1:01 PM in Cross Building, Room 216

MFPC Position: Oppose

Sponsored by Rep. Maggie O'Neil, LD 1508 would amend the Maine Metallic Mineral Mining Act to clarify that the term "metallic mineral" as used in that law includes lithium. It would also prohibit the Department of Environmental Protection from issuing a mining permit under that law for a mining operation that involves the extraction or removal of ore or other material that contains lithium. This prohibition would be repealed October 1, 2028.

______________________________________________________________

LD 1408 - "An Act To Reduce Maine's Dependence On Fossil Fuels And Carbon Footprint For Energy Production Using Waste Wood Fuel"

Public Hearing in EUT on Thursday April 13, 2023 @ 1:00 PM in Cross Building, Room 211

MFPC Position: Support

Sponsored by Rep. Austin Theriault, LD 1408 would increase the limit on the net generating capacity of a combined heat and power program participant from 10 megawatts to 20 megawatts and increases the maximum total net generating capacity of all program participants from 20 megawatts to 40 megawatts. This bill is a modification of the CHP bill sponsored by MFPC and unanimously approved by the EUT Committee last session.

Bills scheduled for a work session

Work Sessions are livestreamed and archived here on the Legislature's Website.

LD 672 - "An Act To Establish Youth Deer Hunting Weekend"

Work Session in IFW on Monday April 10, 2023 @ 10:00 AM in Cross Building, Room 206

MFPC Position: Oppose

Sponsored by Rep. Rick Mason, LD 672 would allow the Commissioner of Inland Fisheries and Wildlife to establish a youth deer hunting weekend instead of one day.

______________________________________________________________

LD 1246 - "An Act To Include Endangered And Threatened Species Habitat In The Definition Of "significant Wildlife Habitat" Under The Natural Resources Protection Act"

Work Session in ENR on Wednesday April 12, 2023 @ 2:00 PM in Cross Building, Room 216

MFPC Position: Oppose

Sponsored by Rep. Lori Gramlich, LD 1246 would amend the Natural Resources Protection Act by adding to the definition of "significant wildlife habitat" the habitat of species appearing on the official state endangered species and state threatened species list. This bill also requires the Department of Inland Fisheries and Wildlife to define "habitat for state endangered and state threatened species" by major substantive rules.

Regulatory Calendar

Extended Producer Responsibility

Readily recyclable, audits and program goals

Due to impending weather, the Department will postpone the stakeholder meeting scheduled for March 14^th to March 28^th. Resultantly, the stakeholder meeting scheduled for March 28^th will be postponed to the tentative focus-meeting date of April 11^th.

If you have already registered for a stakeholder meeting addressing the topics of readily recyclable, audits, and program goals, you do not need to register again. In the case you have not yet registered and would like to, please use the following links:

Meeting 2: Tuesday, April 11^th from 1:00 to 5:00 pm ED
EPR-RR, Audits, & Program Goals-#2 Stakeholder Meeting Registration

As a reminder, Meeting 1 will provide an opportunity for stakeholders to provide information and their perspective on the topic, and Meeting 2 will allow for discussion of issues raised during Meeting 1. Meetings will be held in room 101 of the Deering Building located at 90 Blossom Lane, Augusta, Maine 04330 and available virtually. The Departments asks stakeholders who plan to present comments provide a written copy to [email protected].

The Council is monitoring this issue closely. Paper products were recycled at a rate of 68% in 2021; cardboard was recycled at a rate of 91.4%. Together, paper and cardboard were recycled at a rate of 76.6% and can be reused up to seven times. All other materials were recycled at a rate of just 23.4%. For that reason, we are concerned that the EPR law could saddle the paper industry with the cost of recycling non-renewable fossil fuel derived products.

Board of Licensure of Foresters

Who: Office of Professional and Occupational Regulation

What: Proposed rulemaking - Chapter 70: Qualifications for Forester License; Chapter 100: Code of Ethics and Chapter 70-A: Licensure by Endorsement pursuant to Public Law 2021, Chapter 167 An Act to Facilitate Licensure for Credentialed Individuals from Other Jurisdictions.

When: Public hearing on April 24, 2023; Public comment period through May 9, 2023

FMI: https://www.maine.gov/pfr/professionallicensing/professions/board-licensure-foresters

About MFPC

Since 1961, the Maine Forest Products Council has been the voice of Maine's forest economy. MFPC's members are landowners, loggers, truckers, paper mills, tree farmers, foresters, lumber processors and the owners of more than 8 million acres of commercial forestland, but they are also bankers, lawyers and insurance executives. The Council represents members at the Maine Legislature throughout the state, in Washington D.C. and the U.S.

Patrick Strauch, Executive Director

Krysta West, Deputy Director

Pat Sirois, SFI Coordinator

Stacy Bettencourt, Office Manager

207-622-9288

www.maineforest.org

535 Civic Center Drive, Augusta, Maine 04330

Thanks to MFPC's sponsors!

Click on the images below to visit their websites