Good Morning from Augusta,
As predicted in my report from last Saturday, the Legislature hit a major speed bump as the Democrats jammed a majority budget down the throats of Republicans one more time for leverage. As a reminder, this same thing was done in 2021 when the Legislature met in the height of the pandemic and the public wasn’t allowed in. It’s ironic to me that in the Governor’s first year in office (2019), the two parties could get along and compromise to produce a bi-partisan budget, but each of the last two budget writing years (2021 and 2023), compromise has become a lost art. Just a thought, but it would be great to have some leadership and adult behavior sometime in the future from all sides to do what is right instead of gamesmanship and an at all cost attitude. I’ll get off my soapbox now.
As background, if the Legislature wants to pass a budget that goes into effect by July 1 of the biennium, they have two options: 1) pass it with a super majority of support (2/3rds of all members in each body) at any time before July 1st, or 2) pass it 90 days ahead of schedule as a non-emergency measure with only a simple majority vote. To pass it as a non-emergency measure, it must be done by March 31st so the Governor could sign 90 days in advance of July 1st.
This nuclear option (simple majority) has now been used two times in the last two years and seems to be the new normal. Bipartisanship seems to be a lost art and now the extremes appear to be the only way to govern.
In order for the budget to go into effect in 90 days, the Legislature had to adjourn its session officially and carry any/all bills not yet acted upon to a special session. This was necessary because the budget bill can’t go into effect for 90 days after adjournment. The only way for the Legislature to finish their work this session beyond the budget is for the Governor to call them back in a special session. It appears that she will do that next Wednesday, April 5th.
From this moment forward, it’s hard to see how Democrats and Republicans can get along in a bi-partisan fashion. The proverbial lines have been drawn and it is expected to be more of the same for the next two and a half months. Welcome to Washington, DC, I mean Augusta.
Other Activity
1,463 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 27 – March 31, 2023
Tuesday, March 28, 2023
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, sponsored by Rep. Donald Ardell and Senator Jeff Timberlake, 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 testified in opposition.
Wednesday, March 29, 2023
Work Session, Agriculture, Conservation and Forestry Committee, LD 993, An Act to Facilitate Stakeholder Input Regarding Forest Policy in Maine, This bill, sponsored by Rep. Maggie O’Neil (D-Saco) 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 testified in opposition to this bill. The Committee voted to table the bill and will work on it at a future work session. It sounds like they might be coalescing around the PLC’s idea to create a Gubernatorial appointed Advisory Board.
Work Session, Agriculture, Conservation and Forestry Committee, LD 1048, An Act Regarding the Authority of Municipalities to Regulate Timber Harvesting, This bill, sponsored by Senator Russell Black (R-Wilton) 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 testified in support of this bill. The Committee voted unanimously Ought to Pass.
Thursday, March 30, 2023
Public Hearing, Labor and Housing Committee, LD 513, An Act Regarding Overtime Protections for Certain Maine Workers, This bill, sponsored by Senator Mike Tipping (D-Bangor) annually raises the minimum salary that an employee who works in an executive, administrative or professional capacity must earn in order for that employee to be exempt from the laws governing the minimum wage and overtime pay until it is, when converted to an annual rate, greater than 4,500 times the State's minimum hourly wage on January 1, 2026. It provides that the overtime pay requirement applicable to employees of nonprofit corporations may be met through compensatory time agreements. It directs the Department of Labor to adopt routine technical rules, including rules regarding compensatory time for employees of nonprofit corporations. The PLC testified in opposition to this bill.
Public Hearing, Transportation Committee, LD 1025, An Act to Improve Maine’s Economy by Changing the Hours of Operation for Oversize Loads, This bill, sponsored by Rep. Joseph Underwood (R-Presque Isle) directs the Secretary of State to adopt rules regarding overlimit movement permits to allow movement on any day of the week, including a holiday, other than Sunday. The bill directs the Secretary of State to adopt rules allowing for permitted overlimit moves 1/2 hour before sunrise until 10 p.m. The bill directs the Secretary of State to adopt rules to allow vehicles up to 12 feet in width to be issued long-term permits. The PLC testified in support of this bill, but asked that the bill be amended to be consistent with the Aroostook County special over width permit program that was made permanent by Maine DOT in 2019. This program should be expanded statewide and should allow movement of empty and loaded low beds with appropriate signage and lights.
Next Week’s Legislative Activity April 3 – April 7, 2023
Tuesday, April 4, 2023
Work Session, Labor and Housing Committee, 1:30 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 (D-Allagash), 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 testified in opposition to this bill.
Public Hearing, Labor and Housing Committee, 1 pm LD 961, An Act Regarding the Right to Request Flexible Working Arrangements for Employees This bill allows employees to request a flexible working arrangement from an employer up to twice per year. An employer must consider a request by an employee for a flexible working arrangement twice per year and discuss the flexible working arrangement with the employee in good faith. The employee and employer may discuss alternative arrangements to the flexible working arrangement. The employer is not required to grant the employee’s request for a flexible working arrangement. The PLC will testify in opposition.
Public Hearing, Labor and Housing Committee, 1 pm, LD 1206, An Act to Create a Grant Program for Workplace Health and Safety Improvements, This bill requires the Department of Labor to administer a grant program and fund that provides up to $5,000 for employers to pay for health and safety improvements at workplaces with 15 or fewer full-time employees and to provide resources to obtain health-related and safety-related equipment and training. The PLC will testify in support.
Wednesday, April 5, 2023
Work Session, 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.
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;