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This was yet another busy week in Augusta as committees work overtime to complete the work before them. The timing of this session is unprecedented, with nearly 3oo bills yet to be printed and referenced to committees of jurisdiction. Even so, committees have until the end of this month to wrap up their work to allow time for bills to go through the process in the House and Senate.


We are still waiting for some high profile bills to be printed, so please stay tuned to your inbox. As the month goes on, we will have less and less time to digest complex policy measures and mobilize, if necessary.


As you will see below, we weighed in on two referendums this week even though there is some confusion as to who actually possesses the bills. According to the Governor, the Secretary of State and the Attorney General, the Legislature missed the opportunity to act on the five referendums (by either passing them as-is or providing a competing measure) when they adjourned sine die in March. As such, a proclamation has been issued setting statewide votes for all five proposals, as required by the Constitution. The Legislature, however, interprets the situation differently, and has asked for the Maine Supreme Court to find that there is a "solemn occasion" so the court can provide clarification. It is unclear when the court will take up the Legislature's request.


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


On Monday, we testified before the Agriculture, Conservation and Forestry Committee in opposition to LD 1770, "An Act to Improve Pesticides Sales and Use Data Collection and Accessibility by the State." We oppose this bill for two reasons. The first is that the Bureau of Pesticide Control already enforces state regulations, which include annual use data collection, and they maintain these records for two years from the date of application. The second reason is that pesticide application strategies are all proprietary business information. No other state requires this proprietary information available to the public. This bill was widely opposed by the agricultural community. For more information, our testimony can be found here.


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On Tuesday, we monitored the work sessions for two bills before the Taxation Committee - LD 1222, An Act To Expand Child Care Services Through An Employer-supported Tax Credit" and LD 1308, "An Act To Establish Municipal Cost Components For Unorganized Territory Services To Be Rendered In Fiscal Year 2023-24." LD 1222 was tabled to be worked in conjuncture with a similar bill, and LD 1308 passed unanimously as amended. Our testimony on both bills can be found here.


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On Wednesday, the Energy, Utilities and Technology Committee voted on a divided report on a bill we oppose, LD 1431, "An Act Requiring the Public Utilities Commission to Adopt Rules Promoting Renewable Energy." We will continue to monitor this bill.


The Inland Fisheries and Wildlife Committee voted on two bills of interest. The first bill, which we testified neither for nor against, was LD 1062, "An Act to Allow a Landowner or Maintainer of Trails to Lethally Remove Nuisance Beaver." During the work session, it became apparent that the goals of the bill sponsors can already be achieved under the current rules and regulations, so the Committee voted unanimously 'Ought not to pass.'


The second bill, which we supported, was LD 732, "An Act to Prohibit Off-trail Operation of a Snowmobile in an Area Closed to Off-trail Operation." The Committee voted unanimously on an 'Ought to pass as amended' report. The amendment defines snowmobile trails as a trail having been identified by the department and funded by the Snowmobile Trail Fund. It also defined "posted" as as containing signage, placed by the landowner, the landowner's representative who may be a local snowmobile club trail master, snowmobile club representative or employee of DIFW or DACF that is reasonably likely to come to the attention of a snowmobiler and indicates that off-trail snowmobiling is prohibited. We appreciate the Committee's support on this bill, as it will help protect valuable resources, such as plantations, on private industrial lands utilized for snowmobile trails.


Also on Wednesday, we submitted testimony to the Veterans and Legal Affairs Committee in opposition to LD 1610 (IB 1), "An Act to Prohibit Campaign Spending by Foreign Governments and Promote an Anticorruption Amendment to the United States Constitution." Our testimony can be found here.


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On Thursday, we submitted testimony to the Energy, Utilities and Technology Committee in opposition to LD 1611 (IB 2), "An Act to Create the Pine Tree Power Company, A Nonprofit Customer-owned Utility." Our testimony can be found here.



The Week Ahead


Next week will be a busy week with a number of work sessions scheduled, along with a few public hearings that we will engage in. The full list (as of right now) is provided below, but there are two bills we would specifically like to call your attention to.


The first bill is LD 1776, "An Act to Allow Citizen Oversight of DEP and DMR Actions and Rulemaking." This bill will has been referenced to the Marine Resources Committee, and will be heard on Thursday at 1:00 PM. LD 1776 would allow any person to anonymously petition the DEP, DMR or the AG's Office to enforce a law or enforce and/or amend a rule that they do not agree with. It would also set up a fund to cover legal expenses funded by license and permit holders.


The second bill is LD 1685, "An Act to Increase Acreage Eligibility and Change Requirements for Filing Plans Under the Maine Tree Growth Tax Law." This bill was referenced to the Taxation Committee, and will be heard on Thursday at 1:00 PM as well. In addition to reducing the timber supply by making a large number of small landowners ineligible to participate in the program, the bill would significantly increase the power granted to assessors by giving them the authority to retain a management plan and deem if it is sufficient to participate in the program.


The Council is in strong opposition to both of these bills. If you would like to sign up to testify, or submit testimony, the link to do so is here.



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 1826 - "An Act To Designate Deer Wintering Areas Under The Jurisdiction Of The Bureau Of Parks And Lands"


Public Hearing in IFW on Monday May 8, 2023 @ 10:01 AM in Cross Building, Room 206


MFPC Position: Neither for nor against


Sponsored by Senator Troy Jackson, LD 1826 would allow the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands to designate, pursuant to a habitat management agreement with the Department of Inland Fisheries and Wildlife, deer wintering areas on parcels of land under the jurisdiction of the bureau that are high-quality deer wintering habitat with a documented history of significant use by deer. The bureau is required to manage the designated area with deer conservation as the highest management priority and may also manage the designated area to benefit other wildlife species that rely on mature softwood forests, and the designated areas are eligible for funding from the Maine Deer Management Fund. This bill also directs the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands and the Department of Inland Fisheries and Wildlife to survey public lands in the northern, eastern and western regions of the State for unmapped deer wintering areas for inclusion as designated deer wintering areas by the bureau.

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LD 1726 - "An Act To Build Maine's Economy By Supporting Child Care For Working Families"


Public Hearing in HHS on Wednesday May 10, 2023 @ 10:00 AM in Cross Building, Room 209


MFPC Position: Support


Sponsored by Senator Troy Jackson, LD 1726 would establish the Maine Child Care Scholarship Program within the Department of Health and Human Services to encompass the former child care subsidy program and new eligibility for child care providers. The bill directs the department to amend its procedures regarding eligibility and reimbursement, submit an annual report relating to child care subsidies to the joint standing committee of the Legislature having jurisdiction over health and human services matters and to implement various departmental improvements to the child care subsidy program. The bill establishes the Child Care Task Force to make recommendations to the department regarding quality child care. The bill provides funding to increase eligibility and wages for child care services and to implement the improvements to child care subsidies. The bill also directs the department, by 2030, to implement a program to achieve affordable child care.

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LD 1776 - "An Act To Allow Citizen Oversight Of Department Of Environmental Protection And Department Of Marine Resources Actions And Rulemaking"


Public Hearing in MARINE on Thursday May 11, 2023 @ 1:00 PM in Cross Building, Room 206


MFPC Position: Oppose


Sponsored by Rep. J. Worth, LD 1776 would allow a person in the State to anonymously petition the Department of Environmental Protection, the Department of Marine Resources or the Attorney General to enforce a law regarding either department or to enforce or amend a rule of either department that protects or conserves a natural resource, the environment, public health or freedom of information, including the common law. If either department or the Attorney General does not respond, the person may bring an action in court and win attorney's fees, expert witness fees and other reasonable costs in certain circumstances. The bill also creates a fund for oversight administered by an administrator appointed by the Governor to pay the legal expenses, expert witness fees and other costs for people not seeking a permit for commercial use but seeking to enforce a law or enforce or amend a department rule by participating in adjudicatory and judicial proceedings regarding agency rulemaking and issuance of licenses and permits.

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LD 854 - "An Act To Fund The Protection And Restoration Of Riparian And Estuarine Ecosystems And To Impose An Excise Tax On Certain Bottled Water Operators"


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


MFPC Position: Oppose


Sponsored by Rep. Daniel Sayre, LD 854 would create an excise tax of 5¢ per gallon on the extraction of groundwater or surface water for commercial bottling for sale and allocates the funds to the Land for Maine's Future Fund to acquire, restore or protect riparian or estuarine lands in the State that are essential to protecting aquifers, surface waters or intertidal waters on which human and natural communities.

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LD 1685 - "An Act To Increase Acreage Eligibility And Change Requirements For Filing Plans Under The Maine Tree Growth Tax Law"


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


MFPC Position: Oppose


Sponsored by Rep. Ann Matlack, LD 1685 would amend the Maine Tree Growth Tax Law by increasing the acreage eligibility requirement from 10 to 25 acres of forested land beginning April 1, 2025. The bill authorizes municipal assessors and the State Tax Assessor to retain copies of required forest management and harvest plans and with assistance from the Director of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry to determine the sufficiency of a plan to meet the requirements of the law. Forest management and harvest plans retained by a municipal assessor or the State Tax Assessor are confidential and not public records.

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LD 1772 - "An Act To Require Voter Approval Of Certain Borrowing By Government-controlled Entities And Utilities And To Provide Voters More Information Regarding That Borrowing"


Public Hearing in SLG on Friday May 12, 2023 @ 9:30 AM in Cross Building, Room 214


MFPC Position: Support


This is an initiated bill that would prohibit a quasi-independent state entity, reporting entity, municipal electric district, consumer-owned transmission and distribution utility, cooperative or rural electrification cooperative from borrowing money, incurring debt, whether general obligation debt or revenue obligation debt, or issuing bonds, notes or other evidences of indebtedness that would cause its total debt outstanding at any time to exceed $1,000,000,000 unless the action that would cause the total debt outstanding to exceed $1,000,000,000 is approved by the voters at a general election. This initiated bill requires the Treasurer of State, with the assistance of the Secretary of State, to prepare a statement to accompany the question presented to the voters regarding the estimated costs of the increased debt and any other issues the Treasurer of State considers relevant. Exemptions are provided for debt issued by the Maine Public Employees Retirement System, the Finance Authority of Maine, the Maine Health and Higher Education Facilities Authority, the Department of Transportation, the Maine Turnpike Authority, municipalities and counties and the Maine Municipal Bond Bank and for certain education-related programs.

Bills scheduled for a work session


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



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"


Work Session in IFW on Wednesday May 10, 2023 @ 10:00 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.

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


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


MFPC Position: Opposed


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.

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


Work Session in IFW on Wednesday May 10, 2023 @ 10:00 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.

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


Work Session in IFW on Wednesday May 10, 2023 @ 10:00 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.

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


Work Session in ACF on Wednesday May 10, 2023 @ 11:00 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 1411 - "An Act To Require The Adoption Of Sector-specific Greenhouse Gas Emissions Limits"


Work Session in ENR on Wednesday May 10, 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 1475 - "An Act To Promote Biomanufacturing And Biotechnology Development By Establishing A Tax Credit"


Work Session in TAX on Wednesday May 10, 2023 @ 1:00 PM in State House, Room 127


MFPC Position: Support


Senator Troy Jackson, LD 1475 establishes a refundable Maine income tax credit for investment in biotechnology incubators and biomanufacturing facilities. The amount of the credit is 30% of qualified investment, taken in the form of an annual credit of 6% of the qualified investment each year for 5 years after a certificate of completion has been issued by the Commissioner of Economic and Community Development. The amount of investment in a biotechnology incubator that is eligible for a credit is capped at $15 million for each project and $30 million for all projects in total.

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


Work Session in ENR on Wednesday May 10, 2023 @ 1:30 PM 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.

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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 May 11, 2023 @ 1:15 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 May 11, 2023 @ 1:15 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 May 11, 2023 @ 1:15 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 May 11, 2023 @ 1:15 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 May 11, 2023 @ 1:15 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 May 11, 2023 @ 1:15 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 May 11, 2023 @ 1:15 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.

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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"


Work Session in VLA on Friday May 12, 2023 @ 9:30 AM 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.

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: Thursday, May 25, 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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