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As we enter the month of May, the pace continues to pick up in Augusta with the traditional two-week public hearing notice now reduced to just two days. This means that as bills continue to be printed and referenced to committees of jurisdiction, there will be very little time for the public to analyze details to form positions and react. We will continue to do our very best to keep our membership informed and activated, as necessary.

For the month of May, the House and Senate will continue to meet on Tuesdays and Thursdays in order to allow committees ample time to complete the work before them. While there is some speculation as to when this special session will adjourn, there is likely six to seven weeks remaining until the end of the Legislature's work for this year.

We are still waiting for some high profile bills to be printed, so please stay tuned to your inbox.

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

On Monday, we submitted testimony to the Appropriations and Financial Affairs Committee in support of LD 416, "An Act To Authorize A General Fund Bond Issue For Research And Development And Commercialization." The funds provided by this bond issue, in the amount of $100,000,000, would be used for research and development and commercialization. Our testimony can be found here.

In the Environment and Natural Resources Committee, we testified in opposition to LD 1411, "An Act to Require the Adoption of Sector-specific Greenhouse Gas Emissions Limits" and neither for nor against LD 1621, "An Act Regarding Environmental Justice." The Committee held a work session on Thursday on LD 1621 where they voted on a divided OTP-AM report. LD 1411 is scheduled for a work session next week (see schedule below).

In the Inland Fisheries and Wildlife Committee, we submitted testimony neither for nor against LD 1062, "An Act to Allow a Landowner or Maintainer of Trails to Lethally Remove Nuisance Beaver" and in support of LD 732, "An Act to Prohibit Off-trail Operation of a Snowmobile in an Area Closed to Off-trail Operation." As you can see below, both bills are scheduled for work sessions next week.

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On Tuesday, we attended a work session for a bill that we support, LD 1408, "An Act to Reduce Maine's Dependence on Fossil Fuels and Carbon Footprint for Energy Production Using Waste Wood Fuel" in the EUT Committee (the bill was tabled).

We also attended a work session in the Taxation Committee on LD 1135, "An Act To Ensure That Carbon Credits Can Be Sold On Forest Land Enrolled In The Maine Tree Growth Tax Law." The Committee voted ONTP on this bill, instead opting to send a letter to the Maine Revenue Service requesting that it provide guidance to modify the Tree Growth Tax Law bulletin in order to clarify how carbon deals relate to the program. The Council is supportive of this approach, and we would like to thank the bill sponsor, committee and industry partners on working with us on this approach.

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On Wednesday, we submitted testimony to the Environment and Natural Resources Committee in support of LD 1214, "An Act to Clarify the Laws to Combat Perfluoroalkyl And Polyfluoroalkyl Substances Contamination." We are hopeful the committee will use this bill as a vehicle to address some of the complications that have emerged from the 2021 first-in-the-nation PFAS in products reporting law.

Also on Wednesday, we submitted testimony to the Appropriations and Financial Affairs Committee in support of LD 460, "An Act To Authorize A General Fund Bond Issue To Improve Student Success And Workforce Readiness Within The University Of Maine System." Funds provided by this bond issue, in the amount of $100,000,000, to be matched by private and other funds, would be used to strategically improve infrastructure at all campuses of the University of Maine System, including the Green Engineering Materials (GEM) Laboratory.

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On Thursday, we were again in the Environment and Natural Resources Committee to attend a work session a a bill we opposed, LD 1246, "An Act To Include Endangered And Threatened Species Habitat In The Definition Of "significant Wildlife Habitat" Under The Natural Resources Protection Act." Ahead of the work session, we submitted this letter to the Committee with a few suggestions to alleviate our concerns. Following a presentation by the Department, where they indicated that our requests were reasonable and can be addressed during rulemaking, the Committee voted unanimously OTP-AM. The amendment reduces the number of species and clarifies that species will only be mapped where their presence has been confirmed.

Also on Thursday, we attended a work session on a bill we opposed in the Labor and Housing Committee, LD 949, "An Act To Protect Workers From Employer Surveillance." The Committee voted along partisan lines on OTP-AM and ONTP reports. The amended version pared the bill down to primarily focus on private property, but some business groups remain concerned.

The Week Ahead

Next week we plan to testify in opposition to two initiated bills (referendums), as you will see below, but it is worth noting that the position of these bills remains in question.

Typically, the legislature is presented with three options - to pass a referendum as proposed, to provide a competing measure to also appear on the ballot or to send the measure directly to the voters. The Constitution, however, dictates that the Legislature must act on them in the session in which they are presented, which would have been the First Regular Session. As you know, the Legislature opted to adjourn after the passage of the budget last month, so that session has come and gone. Next week, the Legislature will ask the Supreme Court to determine if they are still in possession of these bills (as they interpret), or of their ability to take action has passed (as the administration and SOS interpret). Either way, we plan to weigh in to voice our concerns on each proposal.

The full schedule (as it stand right now) is provided 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

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 1770 - "An Act To Improve Pesticides Sales And Use Data Collection And Accessibility By The State"

Public Hearing in ACF on Monday May 1, 2023 @ 9:00 AM in Cross Building, Room 214

MFPC Position: Oppose

Sponsored by Rep. Laurie Osher, this bill directs the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control, in collaboration with the Department of Administrative and Financial Services, Office of Information Technology, to create and administer an online database of pesticide product dealers, certified applicators and commercial agricultural producers reporting the type and amount of pesticides sold, distributed or applied in the State and other information as required. The bill establishes record-keeping requirements for pesticide product dealers, certified applicators and commercial agricultural producers, similar to those in place for general use pesticide dealers. The bill specifies that information submitted to the board is public information but allows a pesticide dealer, commercial applicator or commercial agricultural producer to request that the board designate proprietary information as confidential. The bill also requires the board to report annually to the joint standing committees of the Legislature having jurisdiction over agriculture, conservation and forestry matters; health and human services matters; environment and natural resources matters; and innovation, development, economic advancement and business matters on the developments and progress made in carrying out the state policy of minimizing the use of pesticides and gives those committees authority to report out legislation related to the report.

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LD 1610 - "An Act To Prohibit Campaign Spending By Foreign Governments And Promote An Anticorruption Amendment To The United States Constitution"

Public Hearing in VLA on Wednesday May 3, 2023 @ 1:00 PM in State House, Room 437

MFPC Position: Oppose

This is an initiated bill that would make numerous changes to election laws including. These changes include prohibiting a foreign government-influenced entity from making, directly or indirectly, a contribution, expenditure, independent expenditure, electioneering communication or any other donation or disbursement of funds to influence the nomination or election of a candidate or the initiation or approval of a referendum. It also calls on each member of Maine's Congressional Delegation to actively support and promote an effective anticorruption amendment to the United States Constitution to reaffirm the power of citizens through their government to regulate the raising and spending of money in elections.

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LD 1611 - "An Act To Create The Pine Tree Power Company, A Nonprofit, Customer-owned Utility"

Public Hearing in EUT on Thursday May 4, 2023 @ 1:00 PM in Cross Building, Room 211

MFPC Position: Oppose

This is an initiated bill that would create the Pine Tree Power Company, a consumer-owned power utility controlled by an elected board.

Bills scheduled for a work session

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

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

Work Session in TAX on Tuesday May 2, 2023 @ 1:00 PM in State House, Room 127

MFPC Position: Strong support

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.

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LD 1308 - "An Act To Establish Municipal Cost Components For Unorganized Territory Services To Be Rendered In Fiscal Year 2023-24"

Work Session in TAX on Tuesday May 2, 2023 @ 1:00 PM in State House, Room 127

MFPC Position: Neither for nor against

Sponsored by Rep. Joseph Perry, LD 1308 establishes municipal cost components for state and county services provided to the unorganized territory that would normally be paid for by a municipality. The municipal cost components constitute the property tax for the unorganized territory.

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

Work Session in EUT on Wednesday May 3, 2023 @ 1:00 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.

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LD 1232 - "An Act To Increase Adoption Of Solar Power In Maine"

Work Session in EUT on Wednesday May 3, 2023 @ 1:00 PM in Cross Building, Room 211

MFPC Position: Oppose

Sponsored by Rep. Charles Skold, LD 1232 would require new buildings of at least 25,000 square feet to reserve 40% of applicable roof space for future installation of a solar energy system. This bill also requires the Public Utilities Commission to amend its interconnection rules to allow small electric power generators of up to a 100-kilowatt power rating to interconnect to a transmission and distribution utility under the commission's current level 1 screening criteria and process.

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

Work Session in IFW on Wednesday May 3, 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"

Work Session in IFW on Wednesday May 3, 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 1411 - "An Act To Require The Adoption Of Sector-specific Greenhouse Gas Emissions Limits"

Work Session in ENR on Thursday May 4, 2023 @ 1:00 PM 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 1363 - "An Act To Support Extraction Of Common Minerals By Amending The Maine Metallic Mineral Mining Act"