Good Morning from Augusta,
This past week was another filled with interruptions that seems be representative of a trend this session. Snow mageddon of 2023 came to Augusta this past Tuesday so all Legislative activity was postponed to the future. At this rate, they might finish their work by the fourth of July if we are lucky.
Next week, the first half is filled with bills that the PLC will testify in opposition to as none of them will help our members with markets, pricing or workforce attraction/retention. Included in this mix are:
LD 993, An Act to Facilitate Stakeholder Input Regarding Forest Policy in Maine, which will receive a public hearing on Monday, March 20th in the Agriculture, Conservation and Forestry Committee. LD 993, sponsored by Rep. Maggie O’Neil (D-Saco), is a repeat from 2021 when it was vetoed by the Governor. It is essentially a bill that Senator Troy Jackson is attempting to use to have the Legislature in control of forest policy in the state.
LD 511, An Act to Clarify That Haulers Are Under the Jurisdiction of the Logging Dispute Resolution Board, will receive a public hearing in the Labor and Housing Committee on Tuesday, March 21. LD 511 is an expansion of the legislated unionization bill that Senator Jackson pushed through last year and became law without the Governor’s signature. Governor Mills vowed not to allow the Resolution Board to move forward, but it appears that she has reneged on her word and nominations will be made soon to allow this Board to move forward. This new legislation would allow trucking contractors to bring their issues before the Board. The PLC stood strong last year and we will do it again this year as no one wants this Resolution Board and its further attempt to legislate unionization of this industry.
Other Activity
1217 of the expected 2,000 bills have now progressed on the path to legislation, transitioning from an LR# (Legislative Reference - bill request) to an LD# (Legislative Document - bill reviewed and approved by the Revisor's Office) and have been referred to committees of jurisdiction by both the Senate and the House of Representatives.
I have updated our bill tracking spreadsheet so you can see the bills and the related language.
Last Week’s Legislative Activity March 13 – March 17, 2023
Monday, March 13, 2023
Work Session, Agriculture, Conservation and Forestry Committee, LD 180, An Act to Allow a Person to File a Paper Copy of a Timber Harvest Notification Two weeks ago, the ACF Committee reconsidered their actions on this bill as a result of the bill sponsor realizing that he had been duped by those testifying Neither For Nor Against (Maine Forest Service, Maine Woodland Owners, Maine Forest Products Council). As a reminder, the Committee voted unanimously ONTP on this bill and effectively killed it. However, after a discussion with the bill Sponsor, Russell Black to educate him on the issue and what the bill actually does, he realized that he had been duped and needed to right the wrong.
After voting to reconsider the bill, Republicans on the Committee spoke up and were adamant that a paper copy must be provided for anyone who requests it and wanted a letter from the Committee mandating MFS to do this.
At the work session this past Monday, the ACF Committee ultimately voted to dispose of the bill by voting ONTP. However, a letter was sent to MFS from the Committee which mandated that the MFS should continue to provide paper copies of the FONS to anyone who asks for it.
Also, the PLC has received a copy of the paper form from the MFS. We will place it on our website in the near future for anyone to download it, but for now, please use this copy of the form and let us know if you have any questions. Minor victories.
Tuesday, March 14, 2023
(Postponed – Snow Day) Public Hearing, Energy, Utilities and Technology Committee, 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; Both of these bills remove the 100-megawatt maximum capacity limit for a source of electrical generation to qualify as a renewable resource for purposes of meeting the State's renewable resource portfolio requirement. These two bills are similar to numerous attempts over the last decade to provide opportunities for large hydro dams to be built in the state of Maine. These attempts will harm biomass energy and the PLC will testify in opposition.
(Postponed – Snow Day) Public Hearing, Labor and Housing Committee, LD 827, An Act to Allow Employees to Request Flexible Work Schedules, This bill, sponsored by Rep. Amy Roeder (D-Bangor), provides that an employee of a public or private employer may request a flexible work schedule for up to 6 months at a time and that the employer may not discipline an employee who requests a flexible work schedule. The bill provides that the flexible work schedule continues in 6-month increments unless the employer provides written notice to the employee.
Wednesday, March 15, 2023
Public Hearing, Transportation Committee, 1 pm, LD 607, Resolve, To Direct The Department Of Transportation To Examine The Feasibility Of Extending Interstate 95 To The St. John Valley. Sponsored by Representative Robert Albert, LD 607 would direct the Department of Transportation to study the feasibility of extending Interstate 95 to the St. John Valley and make a report of its findings to the Joint Standing Committee on Transportation no later than December 6, 2023. The PLC testified in support of this legislation.
Public Hearing, Transportation Committee, LD 652, An Act To Allow The Reinstatement Of Certain Commercial Driver's Licenses. Sponsored by Senator Troy Jackson, LD 652 would allow that a person whose commercial driver's license (CDL) has been permanently suspended due to a 2nd or subsequent failure to submit to a drug or alcohol test may after 10 years petition the Secretary of State for a review and reinstatement of that license for good cause shown. The PLC testified in support of this bill to help with the driver shortage issue.
Thursday, March 16, 2023
Work Session, Education and Cultural Affairs Committee, LD 570, Resolve, to Provide Information to Maine's School Administrators and Maine Communities About the Financial Advantages of Modern Wood Heating This resolve, sponsored by Senator Trey Stewart (R-Presque Isle), directs the Commissioner of Education to notify school administrators, school boards and communities in the State of the Efficiency Maine Trust's Thermal Energy Investment Program and the opportunity to stabilize and reduce annual school heating costs when replacing an existing fossil fuel heating system or planning the heating system for a new school building. Senator Stewart had similar legislation passed in 2019 which directed schools to consider wood heat. This resolved ensures information on financing is made available. The PLC testified in support. The Committee voted ONTP.
Work Session, Transportation Committee, LD 607, Resolve, To Direct The Department Of Transportation To Examine The Feasibility Of Extending Interstate 95 To The St. John Valley. The bill was tabled to a future work session.
Work Session, Transportation Committee, 10 am LD 652, An Act To Allow The Reinstatement Of Certain Commercial Driver's Licenses. The committee voted unanimously Ought to Pass as Amended with an amendment offered by the Secretary of States Office.
Next Week’s Legislative Activity March 20 – March 24, 2023
Monday, March 20, 2023
Public Hearing, Agriculture, Conservation and Forestry Committee, 9 am LD 993, An Act to Facilitate Stakeholder Input Regarding Forest Policy in Maine, This bill creates the Maine Forest Advisory Board to advise the Department of Agriculture, Conservation and Forestry, Bureau of Forestry on a variety of forestry issues and to provide input on the state forest action plan required under the federal Food, Conservation, and Energy Act of 2008. The board is directed to submit annual reports to the Legislature, including a report outlining conditions and trends in the State's forests to be submitted by December 6, 2023 to the Second Regular Session of the 131st Legislature. LD 993, sponsored by Rep. Maggie O’Neil (D-Saco), is a repeat from 2021 when it was vetoed by the Governor. It is essentially a bill that Senator Troy Jackson is attempting to use to have the Legislature in control of forest policy in the state. The PLC will testify in opposition to this bill.
Public Hearing, Agriculture, Conservation and Forestry Committee, 9 am LD 1048, An Act Regarding the Authority of Municipalities to Regulate Timber Harvesting, This bill clarifies that the definition of "timber harvesting activities" under the forest practices laws does not include activities that result, within 5 years of the completion of such activities, in a change of land use. The bill provides that a municipal timber harvesting ordinance must adopt definitions for forestry terms that are consistent with definitions in the Maine Revised Statutes, Title 12, section 8868 and with forestry terms adopted by the Commissioner of Agriculture, Conservation and Forestry pursuant to Title 12, chapter 805, subchapter 3-A. The bill provides that municipal ordinances subject to review by the Department of Agriculture, Conservation and Forestry, Bureau of Forestry are limited to ordinances that regulate timber harvesting activities. The bill provides that a timber harvesting ordinance adopted on or after September 1, 1990 and prior to January 1, 2024 must meet the requirements of Title 12, section 8869, subsection 8 by June 30, 2027. The bill provides that a municipal timber harvesting ordinance may be adopted only after certification by the bureau that the municipality adopted the timber harvesting ordinance in accordance with Title 12, section 8869, subsection 8. The bill also requires a municipal timber harvesting ordinance to be pursuant to and consistent with a comprehensive plan adopted by the municipal legislative body. The bill clarifies that the centralized listing of municipal ordinances maintained by the bureau specifically applies to ordinances that apply to timber harvesting activities. The PLC will testify NFNA this bill. The MFS should have been doing this work decades ago and let municipalities go too far. This bill will also do nothing to help with respect to noise ordinances or road restrictions.
Tuesday, March 21, 2023
Public Hearing, Labor and Housing Committee, 1 pm, LD 511, An Act to Clarify That Haulers Are Under the Jurisdiction of the Logging Dispute Resolution Board, This bill, sponsored by Senate President, Troy Jackson, applies the provisions governing the State Board of Arbitration and Conciliation, Logging Dispute Resolution Board to persons hauling trees from forest land for a forest landowner. LD 511 is an expansion of the legislated unionization bill that Senator Jackson pushed through last year and became law without the Governor’s signature. Governor Mills vowed not to allow the Resolution Board to move forward, but it appears that she has reneged on her word and nominations will be made soon to allow this Board to move forward. This new legislation would allow trucking contractors to bring their issues before the Board. The PLC stood strong last year in opposition, and we will do it again this year as no one wants this Resolution Board and its further attempt to legislate unionization of this industry.
Thursday, March 23, 2023
Public Hearing, Labor and Housing Committee, 1 pm, LD 827, An Act to Allow Employees to Request Flexible Work Schedules, This bill, sponsored by Rep. Amy Roeder (D-Bangor), provides that an employee of a public or private employer may request a flexible work schedule for up to 6 months at a time and that the employer may not discipline an employee who requests a flexible work schedule. The bill provides that the flexible work schedule continues in 6-month increments unless the employer provides written notice to the employee. The PLC will testify in opposition to this bill.
Contact Your Representative or Senator
Don’t know who your Representative or Senator is? A complete roster, sortable by town, is available here: House Members Senators
In your message, clearly state the bill(s) you support and why each one is important to Loggers in Maine.
Introduce yourself and/or company.
- Identify the town you live in or where your business is located. If you work in multiple towns, please identify those towns (we need to show that harvesting occurs across the state);
- # employees (gross pay roll figure would be good);
- # of subcontractors your business supports (e.g. how much you spend for repairs, fuel, how many logging crews you keep busy, etc.),
- Volume of wood you move annually;
Conclude your message by thanking the Representatives for their service to the state and asking them to support these bills.
Have a great weekend and please do not hesitate to contact me if you have any questions or concerns.
Best,
Dana