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Good evening!


This week was a busy one with the Council engaged on many issues on behalf of our members and next week (and likely every week for the foreseeable future) will be more of the same. But, before we dive into specifics, we would first like to thank our members for traveling to Augusta to participate in a number of important hearings and events this week. We know that legislators always appreciate hearing from our membership on important issues directly, so thanks to those who answered our calls for participation.

Scott Ferland, General Manager of Maine Woods Company, featured as guest speaker at the Child Care Caucus to discuss efforts to bring a new child care facility to Portage

Jim Robbins testifying before the Taxation Committee in support of LD 1313

We will also need to sound the alarm again on a newly printed bill scheduled for a public hearing next week that presents a multi-faceted threat to our industry: LD 1529, "An Act to Enhance the Protection of High-value Natural Resources Statewide."


Inspired by John Hagan’s late succession old growth (LSOG) mapping project, this bill would do a few (seemingly unrelated) things:


  • Define LS and OG forests in statute
  • Direct the LMF board to give preference to land acquisition projects that conserve LSOG forests with acquisition of fee or easement projects that includes logging rights in perpetuity
  • Require ACF to include information regarding LSOG forests in the director’s report on state forests
  • Require the LUPC to adopt rules to reclassify all lakes that are currently undeveloped but high value into other management classifications and
  • Direct ACF to develop a comprehensive, statewide strategy to enhance the conservation of LSOG forests that includes zoning subdistrict designations (regulatory taking)

 

Unfortunately, this is yet another example this session of private landowners working collaboratively on a conservation project only to have that work used against us by special interest groups in Augusta seeking to achieve conservation goals by taking these privately-owned resources through regulations.


In addition to defining late successional and old growth forests in statute, which is the first step towards regulation, this bill seeks to bypass the Comprehensive Land Use Planning process at the Land Use Planning Commission to force the adoption of rules regarding land use districts and standards to reclassify potentially hundreds of lakes and ponds as Management Class 1 or Management Class 6.


This move would be a massive taking of landowner values and rights, and it could have unintended consequences for public access to private land. It would also bypass the public process and legislative input baked into the Comprehensive Land Use Plan process by directing the LUPC to reclassify these lakes and ponds as routine technical rules (no additional legislative sign off).


No matter how you look at this bill, it is hostile, unfounded and should be resoundingly rejected.


For private landowners, loggers and the mills and manufacturers that these sustainably managed forests supply, this bill represents a five alarm fire!


Please strongly consider attending the public hearing to deliver comments, either in person or online. If you're unable to attend the hearing, please provide us with your comments in strong opposition to this bill that we can deliver along with our testimony.


WHO: Agriculture, Conservation and Forestry Committee

WHAT: Submit testimony online or join us in testifying in strong opposition to LD 1529, "An Act to Enhance the Protection of High-value Natural Resources Statewide"

WHEN: Thursday, April 17 1:30 PM

WHERE: Cross Office Building, Room 214 or sign up to testify online



***


Also next week, in addition to the meetings listed below, the Department of Environmental Protections will hold a stakeholder meeting to allow the public to provide input on the Initial Draft Material Type List for the new Extended Producer Responsibility program. Materials that are not deemed to be "readily recyclable" on this list will be subject to higher fees under the program.


As with the rest of the program, Maine is out of step with every other state that has developed an EPR law, and it has failed on many accounts to recognize the recyclable and compostable qualities of paper products. The full background document is linked here, but we will provide a snap shot of the paper designations here for your quick reference.


WHO: Department of Environmental Protections, Packaging Program

WHAT: Stakeholder meeting on draft Initial Packaging Material Type List

WHEN: Wednesday, April 16 from 9-11 am (public comments accepted through April 30)

WHERE: Room 25/26 of the Ray Building at 28 Tyson Drive in Augusta or register online here


***


That's all for now. As I'm sure you'll notice, we have opted to not provide a comprehensive overview of this week because there is so much currently going on. If you would like to see a list of our bill positions with links to our testimony, visit our website here.


Thanks, and as always, if you have any questions about any upcoming bills or our policy positions, please don't hesitate to reach out.

Pat Strauch and Krysta West

Maine Forest Products Council

Draft Initial EPR Material Types List (partial)

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 269 - "Resolve, Regarding Legislative Review Of Portions Of Chapter 375: No Adverse Environmental Effect Standards Of The Site Location Of Development Act, A Major Substantive Rule Of The Department Of Environmental Protection"


Public Hearing in ENR on Monday April 14, 2025 @ 10:00 AM in Cross Building, Room 216


MFPC Position: Oppose


This resolve provides for legislative review of portions of Chapter 375: No Adverse Environmental Effect Standards of the Site Location of Development Act, a major substantive rule of the Department of Environmental Protection.

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LD 1458 - "An Act Regarding Compensation Fees And Related Conservation Efforts For Solar And Wind Energy Development And High-impact Electric Transmission Lines Under The Site Location Of Development Laws"


Public Hearing in ENR on Monday April 14, 2025 @ 10:00 AM in Cross Building, Room 216


MFPC Position: Strong support


Under current law, the Department of Environmental Protection is required to establish and maintain a compensation fee program to offset the adverse effects of a renewable energy development project and to determine the compensation fee amounts based on criteria established by the department.


This bill removes the requirement that the department establish the criteria for compensation and instead requires a compensation fee equal to the average value of the undeveloped land occupied by the renewable energy development project, with certain exceptions. The bill also specifies which wildlife habitats the department may consider for purposes of determining an adverse effect. Finally, the bill changes rules adopted by the department to routine technical rules.

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LD 383 - "An Act To Facilitate The Consolidation Of The Department Of Environmental Protection And The Maine Land Use Planning Commission Into A Single Combined Entity"


Public Hearing in ENR on Monday April 14, 2025 @ 12:00 PM in Cross Building, Room 216


MFPC Position: Opposed


This bill implements statutory changes and other provisions necessary to transition the Maine Land Use Planning Commission from the Department of Agriculture, Conservation and Forestry to the Department of Environmental Protection. The bill also requires the Department of Environmental Protection, on or before January 1, 2026, to submit to the Joint Standing Committee on Environment and Natural Resources a report outlining recommendations, including necessary draft legislation, for the consolidation, by July 1, 2028, of the Department of Environmental Protection and the Maine Land Use Planning Commission into a single combined entity, to be known as the Maine Environmental and Land Use Commission. The new Maine Environmental and Land Use Commission must be designed to prioritize landowner rights, ensuring that private landowners are empowered to make use of their property subject to reasonable, well-established rules for the protection of the environment, and its activities and adopted rules must ensure sustainable land use development practices and not unduly or arbitrarily restrict landowner property use except as necessary to protect public health, safety and the environment. After reviewing the report, the committee may report out a bill relating to the report to the Second Regular Session of the 132nd Legislature.

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LD 191 - "An Act To Support Maine Businesses By Establishing A Pass-through Entity Tax And Tax Credit"


Public Hearing in TAX on Wednesday April 16, 2025 @ 11:00 AM in State House, Room 127


MFPC Position: Support


This bill establishes, for tax years beginning on or after January 1, 2025, a pass-through 15 entity tax on the income of partners and shareholders of S corporations to permit certain 16 entities to elect to pay Maine income tax at the entity level. The effect of this is to allow a 17 member of a pass-through entity a credit of 90% of the member's share of Maine income taxes paid as a pass-through entity.

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LD 1555 - "An Act To Establish An Employer Tax Credit For Qualifying Child Care Costs"


Public Hearing in TAX on Wednesday April 16, 2025 @ 1:00 PM in State House, Room 127


MFPC Position: Support


This bill repeals the prior employer-assisted day care tax credit program under the Maine Revised Statutes, Title 36, section 5217. It establishes a new tax credit program that authorizes a refundable tax credit for an employer that pays for or provides in-kind resources for child care for the children of its employees. The amount of the annual credit is 50% of the amount expended up to a maximum of $8,000 per child or a total annual credit of $80,000, whichever is lower. The credit is available for tax years beginning on or after January 1, 2026. The bill also provides that the credit is subject to ongoing legislative review beginning in 2030.

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LD 203 - "An Act To Provide An Income Tax Credit For Employer-supported Child Care"


Public Hearing in TAX on Wednesday April 16, 2025 @ 1:00 PM in State House, Room 127


MFPC Position: Support


This bill repeals the law governing the employer-assisted day care income tax credit, which by its own terms does not apply to tax years beginning on or after January 1, 2016. The bill authorizes, for tax years beginning on or after January 1, 2026, a refundable tax credit for an employer that pays or provides in-kind resources for child care for the children of its employees. The amount of the annual credit is 50% of the amount expended or $3,000 per child, whichever is lower. The bill also provides that the credit is subject to ongoing legislative review.

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LD 1529 - "An Act To Enhance The Protection Of High-value Natural Resources Statewide"


Public Hearing in ACF on Thursday April 17, 2025 @ 1:30 PM in Cross Building, Room 214


MFPC Position: Strongly opposed


This bill:

1. Directs the Land for Maine's Future Board to give preferential consideration in land acquisition projects that conserve late-successional forests and old-growth forests;

2. Requires the Director of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry to include information regarding late-successional forests and old-growth forests in the director's report on state forests;


3. Requires the Maine Land Use Planning Commission to adopt rules to reclassify all lakes that are currently undeveloped but high value into other management classifications; and


4. Directs the Department of Agriculture, Conservation and Forestry to develop a comprehensive, statewide strategy to enhance the conservation of late-successional forests and old-growth forests.

 

Bills scheduled for a work session


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



LD 1251 - "Resolve, To Reduce The Cost Of Energy In Maine And Further Reduce Greenhouse Gas Emissions Through Energy Contracts"


Work Session in EUT on Thursday April 17, 2025 @ 1:00 PM in Cross Building, Room 211



MFPC Position: Support


This resolve requires the Public Utilities Commission to:


1. Issue a request for information after consultation with the Office of the Public Advocate, the Governor's Energy Office and the Efficiency Maine Trust regarding reasonable opportunities for the commission to explore and consider engaging in the execution of an energy cost reduction contract or a physical energy storage contract. The commission's request for information must also seek identification of existing and near‑term replacement energy sources for natural gas in commercial and industrial uses, including when the replacement energy sources are expected to be available, the cost of those replacement energy sources and the steps needed to develop a cost-effective and reliable supply of such replacement energy sources; and


2. Contact every gas utility and natural gas pipeline utility in the State and every state or province adjacent to this State to negotiate favorable terms for one or more energy cost reduction contracts, physical energy storage contracts or such other arrangements as the commission may find necessary or appropriate to reduce the costs of energy in the State and to further reduce greenhouse gas emissions.


The commission must submit a report to the Joint Standing Committee on Energy, Utilities and Technology by December 3, 2025 that includes a summary of the responses the commission received from its request for information, any actions taken by the commission as a result of the information received and a summary of actions taken by the commission to negotiate favorable terms for one or more energy cost reduction contracts, physical energy storage contracts or other arrangements.

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LD 598 - "An Act To Require Minimum Pay For Reporting To Work"


Work Session in LAH on Tuesday April 15, 2025 @ 1:00 PM in Cross Building, Room 202



MFPC Position: Oppose


This bill provides that on any day an employee reports to work at the request of an employer and the employer cancels or reduces the number of hours in an employee's scheduled shift, the employee must be paid the lesser of 2 hours of pay at the employee's regular hourly rate of pay and the total pay for the shift for which the employee was scheduled. An employer that makes a documented good faith effort to notify an employee not to report to work is not liable to pay wages. If the employee reports to work after the employer's attempt to notify the employee has been unsuccessful or if the employer is prevented from making notification for any reason, the employee must perform whatever duties are assigned by the employer at the time the employee reports to work. The provision does not apply when an employee is not required to work due to adverse weather conditions, a natural disaster, a civil emergency, an illness or medical condition of the employee or a workplace injury of the employee. The bill does not apply to public employers or certain employers of seasonal employees. The bill applies to employers who employ at least 10 employees in the usual and regular course of business for more than 120 days in a calendar year.

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LD 1210 - "An Act To Regarding Renewable Electricity Generation By Hydropower Projects"


Work Session in ENR on Wednesday April 16, 2025 @ 12:00 PM in Cross Building, Room 216



MFPC Position: Support


This bill amends the laws regulating the Department of Environmental Protection's process for approving or disapproving a permit for a hydropower project and for issuing or denying a water quality certification for a hydropower project as required under the Federal Water Pollution Control Act. It requires the department, in determining whether to approve or deny a permit, or issue or deny a water quality certification, to consider the effect of that approval, disapproval, issuance or denial on the State's renewable energy, decarbonization and economic development policies and goals; the environmental and economic benefits to the State of the hydroelectric generation provided by the project; and, taking those factors into consideration, whether approval of the permit or issuance of the certification for the project is permissible notwithstanding the project's effect on wildlife habitat and aquatic life within the waters affected by the project, including affected waters downstream of the project.

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LD 1212 - "Resolve, To Study Opportunities For The Efficiency Maine Trust To Support The Promotion And Use Of Modern Wood Heating"


Work Session in EUT on Thursday April 17, 2025 @ 1:00 PM in Cross Building, Room 211



MFPC Position: Support


This resolve requires the Efficiency Maine Trust, in collaboration with the Department of Economic and Community Development, to work with representatives of the modern wood heating system industry to study and make recommendations relating to programs and incentives encouraging the promotion and use of modern wood heating systems in the State. The Efficiency Maine Trust must submit a report related to the study to the Joint Standing Committee on Energy, Utilities and Technology and the joint standing committee may report out a bill related to the report to the Second Regular Session of the 132nd Legislature.

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

Annabelle Kidson, Office Manager


207-622-9288

www.maineforest.org

535 Civic Center Drive, Augusta, Maine 04330

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