This was yet another busy week in Augusta with committees in full swing working through the large volume of bills presented this session. At this point, the Revisor's Office has drafted language for just over 1,400 of the 2,200 bills. A number of high profile and complex bills are still in the drafting process, yet time is beginning to run short.

Towards the end of this week, committee schedules were thrown off as the Democrats, who control both legislative bodies, made the unusual decision to vote on what they are calling a "continuing services" majority budget on Thursday. Following that vote, the legislature adjourned for the session, giving Governor Mills just enough time to sign it into law with enough time to avoid the possibility of a government shutdown this summer. Governor Mills will call the legislature back to continue their work in a special session with a second budget bill expected to follow. Committee work will resume as planned on Monday. Here is a preview of what the Council engaged on this week.

On Monday, we testified before the Inland Fisheries and Wildlife Committee in opposition to LD 672, "An Act to Establish Youth Deer Hunting Weekend." This bill is the first of many Sunday hunting bills that will be considered this session. The Committee will hold public hearings on the remainder of the Sunday hunting bills on Monday, April 10.

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On Tuesday, the Energy, Utilities and Technology Committee held public hearings on two bills to remove the 100-megawatt limit on renewable energy sources. The Council did not submit testimony, however we did monitor the hearing and are in opposition to these bills.

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On Wednesday, the Agriculture, Conservation and Forestry Committee held work sessions on two bills of interest. The first was LD 1048, "An Act Regarding the Authority of Municipalities to Regulate Timber Harvesting." This bill, which is supported by the Council, passed unanimously with a minor amendment. The second bill, LD 993, "An Act to Facilitate Stakeholder Input Regarding Forest Policy in Maine," was tabled for further consideration. The Council strongly opposes this bill as drafted.

Also on Wednesday, the Environment and Natural Resources Committee passed LD 928, "Resolution, Proposing an Amendment to the Constitution of Maine to Establish a Right to a Clean and Healthy Environment" on a party-line vote. As a constitutional amendment, this bill will need a 2/3 vote of approval by both bodies in order to be sent to voters for consideration. The Council also strongly opposes this bill and will continue to monitor its progress.

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On Thursday, the Energy Utilities and Technology was scheduled to hold a public hearing on LD 1111, "An Act Concerning Contracts and Agreements for Large-scale Water Extraction." This bill was postponed due to the budget deliberations, but the Council is opposed it.

Also on Thursday, the Council testified before the Transportation Committee in favor of LD 1025, "An Act to Improve Maine's Economy by Changing the Hours of Operation for Oversize Loads" and before the Taxation Committee neither for nor against LD 341, "An Act to Amend the Maine Tree Growth Tax Law to Encourage Housing Construction."

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As you will see below, next week will also be busy with a host of issues to be considered. The Council hasn't officially taken a position yet on LD 1246, "An Act To Include Endangered And Threatened Species Habitat In The Definition Of "significant Wildlife Habitat" Under The Natural Resources Protection Act", but we do have some concerns that we are currently investigating.

Finally, I would like to bring your attention to a bill that has been scheduled for a public hearing on Tuesday, April 11. The bill is LD 1222, "An Act to Expand Child Care Services Through an Employer-supported Tax Credit." This bill is a priority this session for the Council as we look for ways to support a healthy and robust workforce. This bipartisan bill is supported by a broad coalition working to make child care more accessible and affordable for working families (view the fact sheet here). As drafted, this bill would provide a refundable tax credit for employers that pay or provide in-kind resources for child care for the children of its employees. The amount of the annual credit is 50% of the amount expended with a cap of $3,000 per child.

As the date approaches we will send more information out about this bill. Please mark your calendars now and let Krysta 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.

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 kwest@maineforest.org.

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

Public Hearing in EUT on Tuesday April 4, 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 949 - "An Act To Protect Workers From Employer Surveillance"

Public Hearing in LAH on Tuesday April 4, 2023 @ 1:00 PM in Cross Building, Room 202

MFPC Position: Oppose

Sponsored by Rep. Amy Roeder, LD 949 would prohibit employer surveillance unless the surveillance is strictly necessary for employee health and safety or the security of the employer, with certain limitations. It requires employers to provide, upon a verifiable request by an employee, data collected on the employee and certain information regarding that data. It specifies that an employer must provide notice to its employees prior to beginning employer surveillance. It provides that an employee has a private right of action.

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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"

Public Hearing in ENR on Wednesday April 5, 2023 @ 1:00 PM in Cross Building, Room 216

MFPC Position: TBD

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.

MFPC is still researching this bill. Stay tuned for an official position.

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LD 1190 - "An Act To Ensure A Fair Workweek By Requiring Notice Of Work Schedules"

Public Hearing in LAH on Thursday April 6, 2023 @ 1:00 PM in Cross Building, Room 202

MFPC Position: Oppose

Sponsored by Sen. Michael Tipping, LD 1190 requires employers who employ 250 or more employees worldwide to provide hourly employees at least 2 weeks' prior notice of the employees' work schedules, with compensation owed for schedule changes under certain circumstances. The bill also requires these employers to keep certain business records for at least 3 years. The bill provides that the Department of Labor, Bureau of Labor Standards may investigate possible violations and receive complaints of possible violations from the public. A fine of $50 per day is due for any noncompliance. The Attorney General may also file a civil action seeking additional remedies. The department may adopt rules regarding compliance with and enforcement of these provisions, and the bureau is required to report to the Legislature periodically on violations and the bureau's efforts.

Bills scheduled for a work session

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

LD 881 - "Resolve, Directing The University Of Maine System To Study The Development Of A Course Regarding The Use Of Manufactured Wood Products"

Work Session in EDU on Tuesday April 4, 2023 @ 1:00 PM in Cross Building, Room 208

MFPC Position: Support

Sponsored by Representative Samuel Zager, LD 881 directs the University of Maine System to study the development of a course for midcareer architects and engineers on incorporating manufactured wood products into their work. The University of Maine System is required to submit a report based on its study by December 6, 2023 for presentation to the Second Regular Session of the 131st Legislature.

It is our understanding that LD 881 will be amended to focus on studying the barriers to using CLT in the construction industry.

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LD 341 - "An Act To Amend The Maine Tree Growth Tax Law To Encourage Housing Construction"

Work Session in TAX on Thursday April 6, 2023 @ 1:45 PM in State House, Room 127

MFPC Position: Neither for nor against

Sponsored by Rep. John Ducharme, LD 341 reduces the penalty for withdrawal of land from classification under the Maine Tree Growth Tax Law if the land is used for the construction of single-family residential housing and the conditions required for building construction are met within 2 years of withdrawal. Sponsor considering a limit of 2 or 5 acres for lot sizes. Penalty would go to new landowner if building permit is pulled or house isn't built within the time period.

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 MainePackagingEPR@maine.gov.

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.

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

Sue McCarthy, Office Manager

207-622-9288

www.maineforest.org

535 Civic Center Drive, Augusta, Maine 04330

Thanks to MFPC's sponsors!

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