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While this was a shorter week than normal due to the holiday on Monday, legislative committees have continued to push through the enormous workload that remains. The pace continuously increases as bills are printed and referenced to committees of jurisdiction. With just shy of 1,800 bills printed, roughly 400 remain in draft form, yet the clock is quickly running out for committees to conduct their work. We are still waiting for the presiding officers to assign a deadline for committee work to be completed, but it is expected that only a small handful of weeks remain before bills need to be carried over to next year or voted out.


Here's a look at the bills we engaged on this week in Augusta.


On Tuesday, we testified before the Taxation Committee on a number of bills. While we are opposed to the bill as drafted, an amendment was presented for LD 1135, "An Act to Ensure That Carbon Credits Can be Sold on Forest Land Enrolled in the Maine Tree Growth Tax Law" that we supported. The amended version would direct the Maine Revenue Service and the Maine Forest Service to issue guidance regarding carbon markets and how they intersect with the Tree Growth Tax Law. Our testimony on this amendment can be found here.


We testified in support of LD 1475, "An Act to Promote Biomanufacturing and Biotechnology Development by Establishing a Tax Credit." In our comments, we provided some suggestions for clarifications that should be made to ensure that this credit can be utilized for our industry. Our testimony can be found here.


We also testified neither for nor against LD 1308, "An Act to Establish Municipal Cost Components for Unorganized Territory Services to be Rendered in Fiscal Year 2023-24. Reflected in this bill is a small tax increase to fund items like education and snow plowing expenses. Our testimony can be found here.


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On Wednesday, the Agriculture Conservation and Forestry Committee voted on an amended version of a bill opposed by the Council, LD 993, "An Act to Facilitate Stakeholder Input Regarding Forest Policy in Maine." The amendment was supported by four members of the committee, with six voting ONTP. Three members were absent. The amendment changed how the board would be appointed to the executive branch, it reduced the size of the board from 21 members to 10 and it brought the duties more in line with the New Hampshire model. Once reported out of committee, LD 993 will go to the House for consideration where either the majority ONTP or minority OTP-AM report may be considered. The Council will continue to monitor this bill.


The Energy, Utilities and Technology held work sessions on the two 100-megawatt bills that were opposed by the Council, LD 43, "An Act to Reduce the Cost of Electricity by Removing the 100-megawatt Limit on Renewable Resources of Energy" and LD 622, "An Act to Create Equal Opportunity Access to Clean Energy by Removing the 100-megawatt Limit on Clean Energy Sources." The committee voted ONTP on LD 43. LD 622 received a divided report with six members voting ONTP and three voting in favor of the legislation.


The EUT Committee also voted on unanimously OTP-AM on a bill supported by the Council, LD 698, "An Act Directing the Public Utilities Commission to Study the State Natural Gas Supply Pursuant to the Maine Energy Cost Reduction Act." The amendment directs the PUC to continue to work on gaining capacity in order to reduce electricity costs and increase winter reliability. Once reported out, this bill will advance to the House for consideration.


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Yesterday, we testified before the Energy, Utilities and Technology Committee in opposition to an amended version of LD 1431, "An Act Requiring the Public Utilities Commission to Adopt Rules Promoting Renewable Energy." The amendment, which became available less than 24-hours before the public hearing, was confusing, contradictory and damaging to biomass generators in Maine. It seems to eliminate biomass as an eligible resource under Maine's Renewable Portfolio Standard by creating a new definitional category, "naturally regenerative or certified green", that excludes biomass and (hydropower for that matter). The amendment also directs the PUC to conduct a study of biomass with a report back to the committee early next year. The Council is joined by ReEnergy, a member company, in strongly opposing this legislation.

The Week Ahead


Next week will be a busy one, especially for the Environment and Natural Resources Committee, which will hold meetings on various topics including mining and PFAS.


On Monday, this committee will hold public hearings on two bills that I would like to bring your attention to. The first is LD 1411, "An Act to Require the Adoption of Sector-specific Greenhouse Gas Emissions Limits." This bill, which is in conflict with the work of the Maine Climate Council, has the potential to limit future growth and expansion capabilities of our industry if it caps emissions at the current level. We have the capacity to grow, and as we've seen in recent months, critical investments are being made to diversify our industry.


On Monday at 1:00 PM, the Environment and Natural Resources Committee will hold a public hearing on LD 1621, "An Act Regarding Environmental Justice." While the Council agrees that it is important for all Mainers to have equal access to the regulatory process, we have some concerns with the language as drafted, so we will testify neither for nor against this bill. Testimony will be accepted in person,


Also on Monday, the Appropriations and Financial Affairs Committee will hold a public hearing on LD 416, "An Act to Authorize a General Fund Bond Issue for Research and Development and Commercialization" at 10:00 AM. This hearing presents an opportunity for mills who have benefited from MTI grant projects to show their support of this allocation of money. To submit online testimony or sign up to testify remotely, click here.


There is a host of other bills on topics ranging from nuisance beavers to off-trail snowmobile riding that will be considered next week as well. For more information, see the schedule below. If you have any questions, or need help submitting testimony, please don't hesitate to reach out to Krysta West for assistance.


Best,

Pat


PS: The Board of Licensure of Foresters public rulemaking hearing on Chapters 70 (Qualifications for Forester License), 70-A (Licensure by Endorsement) and 100 (Code of Ethics) that was set for Monday, April 24 has been rescheduled for Wednesday, May 3. Oral comments will be accepted at the public rulemaking hearing and written comments will be accepted until Monday, June 5, 2023 at 5:00 PM. FMI, click here.

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 1411 - "An Act To Require The Adoption Of Sector-specific Greenhouse Gas Emissions Limits"


Public Hearing in ENR on Monday April 24, 2023 @ 11:00 AM in Cross Building, Room 216


MFPC Position: Oppose


Sponsored by Rep. Victoria Doudera, LD 1411 would require the Department of Environmental Protection to adopt rules setting sector-specific biennial limits on greenhouse gas emissions from energy sources in the commercial sector, industrial sector, residential sector and transportation sector and for electricity and combined heat and power plants whose primary business is to sell electricity or electricity and heat to the public. The bill also requires the Department of Transportation to adopt rules as necessary to ensure compliance with the State's greenhouse gas emissions levels.

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LD 1621 - "An Act Regarding Environmental Justice"


Public Hearing in ENR on Monday April 24, 2023 @ 1:00 PM in Cross Building, Room 216


MPFC Position: Neither for nor against


Sponsored by Rep. Rachel Talbot Ross, LD 1621 enacts a provision that requires fair and equitable access to Department of Environmental Protection decision-making processes for environmental justice populations and frontline communities. The bill provides appropriations for various positions in the department and for facilitator services, travel expenses, facility rentals and meeting expenses.

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LD 732 - "An Act To Prohibit Off-trail Operation Of A Snowmobile In An Area Closed To Off-trail Operation"


Public Hearing in IFW on Monday April 24, 2023 @ 1:00 PM in Cross Building, Room 206


MFPC Position: Support


Sponsored by Sen. Russell Black, LD 732 would prohibit a person from operating a snowmobile off a snowmobile trail in an area that is posted as being closed to off-trail snowmobile operation. It provides for a fine of not less than $100 and not more than $500 for the first violation of the prohibition and that a violation after 3 or more civil violations of the inland fisheries and wildlife laws is a Class E crime.

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LD 1062 - "An Act To Allow A Landowner Or Maintainer Of Trails To Lethally Remove Nuisance Beaver"


Public Hearing in IFW on Monday April 24, 2023 @ 1:00 PM in Cross Building, Room 206


MFPC Position: Neither for nor against


Sponsored by Sen. Marianne Moore, LD 1062 allows a landowner, a person on behalf of a landowner or a person who maintains a trail as part of a club or organization that maintains trails to take or kill nuisance beaver.

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LD 1214 - "An Act To Clarify The Laws To Combat Perfluoroalkyl And Polyfluoroalkyl Substances Contamination"


Public Hearing in ENR on Wednesday April 26, 2023 @ 10:00 AM in Cross Building, Room 216


MFPC Position: Support


Sponsored by Sen. Joseph Baldacci, LD 1214 would make improvements to the 2021 PFAS in products law including: changing how PFAS are currently defined to narrow the scope and make the law more realistic for compliance; protecting confidential business information; pushing the effective date out by one year to account for the rulemaking process; removing the 2030 ban on products with intentionally added PFAS to allow for these determinations to occur in rulemaking.

Bills scheduled for a work session


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


LD 1135 - "An Act To Ensure That Carbon Credits Can Be Sold On Forest Land Enrolled In The Maine Tree Growth Tax Law"


Work Session in TAX on Tuesday April 25, 2023 @ 1:30 PM in State House, Room 127



MFPC Position: Support as Amended


Sponsored by Rep. James Boyle, LD 1135 as amended would direct the Maine Revenue Service and the Maine Forest Service to issue guidance regarding carbon markets and how they intersect with the Tree Growth Tax Law.

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


Work Session in EUT on Tuesday April 25, 2023 @ 2:00 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.

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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 Thursday April 27, 2023 @ 1:00 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.

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


Work Session in ENR on Thursday April 27, 2023 @ 1:30 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.

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LD 1433 - "An Act To Exclude Pegmatites from the Definition of "Metallic Mineral"


Work Session in ENR on Thursday April 27, 2023 @ 1:30 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.

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


Work Session in ENR on Thursday April 27, 2023 @ 1:30 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.

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


Work Session in ENR on Thursday April 27, 2023 @ 1:30 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.

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LD 1564 - "An Act To Eliminate Metallic Mineral Mining Activities Without A Permit"


Work Session in ENR on Thursday April 27, 2023 @ 1:30 PM in Cross Building, Room 216


MFPC Position: Oppose


Sponsored by Rep. Nina Milliken, LD 1564 would amend definitions within the Maine Metallic Mineral Mining Act to require the issuance of a mining permit for a person to engage in any mining-related activity.

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


Work Session in ENR on Thursday April 27, 2023 @ 1:30 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.

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


Work Session in ENR on Thursday April 27, 2023 @ 1:30 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.

Regulatory Calendar


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

Wednesday, May 3, 2023. Oral comments will be accepted at the public rulemaking hearing and written comments will be accepted until Monday, June 5, 2023 at 5:00 p.m. 


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

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 SiroisSFI Coordinator

Stacy Bettencourt, Office Manager


207-622-9288

www.maineforest.org

535 Civic Center Drive, Augusta, Maine 04330

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