Good Morning from Augusta,
This past week, the traditional April school vacation week, was cut short because of the Patriots Day holiday on Monday but was as busy and active as ever as legislative committees worked to push through an extraordinarily large workload. Next week will be very similar as there is a goal to complete 100% of committee work by mid-May, but there is no way possible that they will meet that goal, since not all bills have even been printed at this point. The pace will continue to quicken as bills are printed and referenced to committees of jurisdiction.
In other thoughts, this past week was quite interesting as the topic of forest carbon financing was presented to the Taxation Committee regarding how it’s viewed under the Tree Growth Tax Law. The PLC testified in opposition to LD 1135, An Act to Ensure that Carbon Credits Can Be Sold on Forest Land Enrolled in the Maine Tree Growth Tax Law, a bill which would allow landowners to claim the Tree Growth tax credit if they also enrolled their property in a Forest Carbon monetization scheme (see below for link to our testimony). A Forest Carbon program would essentially pay landowners to stop harvesting wood. Interestingly enough, both the Maine Forest Products Council and Maine Woodland Owners testified in support of this legislation, despite the fact that both were opposed to any changes to Tree Growth when they were members of the Governor’s Task Force on Forest Carbon back in 2021. You can’t make this stuff up, especially when both groups were part of a discussion last Friday with Governor Mills, where their members told the Governor that they were adamantly opposed to Forest Carbon programs. The work session for this bill is Tuesday, April 25th and all PLC members are encouraged to check to see if they have a member on the Taxation Committee and contact them to tell them they are opposed to this bill. Forest Carbon programs are an imminent threat to timber harvesting in Maine and are no different than what the National Oceanic and Atmospheric Administration is trying to do to lobsterman with the treatment of the Right Whale.
Only 1,800 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 April 18 – April 21, 2023
Tuesday, April 18, 2023
Public Hearing, Energy Utilities and Technology Committee, LD 1489, Resolve, to Capitalize on Opportunities from Newly Revised Federal Renewable Fuels Standards by Studying the Environmental and Economic Benefits of Electric and Steam Generation Facilities Powered by Biomass This resolve, sponsored by Rep. Austin Theriault (R-Fort Kent) directs the Public Utilities Commission to undertake or contract with appropriate experts for a study of the environmental and economic benefits of electric and steam generation facilities powered by biomass. The bill sponsor decided that this bill was not necessary and asked the Committee to move to work session and kill the bill immediately. The Committee voted unanimously, Ought Not to Pass (ONTP).
Public Hearing, Innovation, Development, Economic Development and Business Committee, LD 1487, An Act to Ensure that Residents of the State Have the Right to Repair Their Own Electronic Devices, This bill, sponsored by Senator Tipping (D-Bangor), establishes a requirement that a manufacturer of digital electronic equipment sold or used in this State make available on fair and reasonable terms to the owner of the equipment or to any independent repair provider parts, tools and documentation necessary to repair that digital electronic equipment, including any updates to information or embedded software. If the equipment contains an electronic security lock or other security-related function, the manufacturer must also provide any parts, tools and documentation needed to reset the lock or function when disabled in the course of diagnosis, maintenance or repair of the equipment. The bill does not apply to digital electronic equipment in motor vehicles. The PLC monitored this bill and did not testify on it.
Public Hearing, Taxation Committee, LD 1135, An Act to Ensure that Carbon Credits Can Be Sold on Forest Land Enrolled in the Maine Tree Growth Tax Law, This bill was a concept draft prior to the public hearing. At the hearing, an amended version was presented, which had been shared with only the Maine Woodland Owners Association, the Maine Forest Products Council, and the Maine Forest Service, that would direct the Maine Revenue Service and the Maine Forest Service to issue guidance regarding carbon markets and how they intersect with the Tree Growth Tax Law. Not surprisingly, no other stakeholders were mentioned to be included in this conversation, including loggers and the Maine Municipal Association. The PLC testified in adamant opposition to this legislation as this will only be used by landowners as a way to monetize their investment and not harvest wood.
Wednesday, April 19, 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. 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. An amendment was presented that changed how the board would be appointed by the executive branch, it reduced the size of the board from 21 members to 10 and it brought the duties more in line with the New Hampshire model. The amendment was supported by four members of the committee, with six voting ONTP; three members were absent. Once reported out of committee, LD 993 will go to the House for consideration where either the majority ONTP or minority OTP-AM report may be considered.
Work Session, 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.The committee voted ONTP on LD 43. LD 622 received a divided report with six members voting ONTP and three voting in favor of the legislation.
Thursday, April 20, 2023
Public Hearing, Transportation Committee, LD 1455, An Act to Establish the Weighing Point Preclearance Program, This bill, sponsored by Senator Brad Farrin (D-Norridgewock) establishes the Weighing Point Preclearance Program, which is operated by the Department of Public Safety, Bureau of State Police and which uses an electronic system that verifies a commercial motor vehicle's size, weight, registration and safety records as the commercial motor vehicle drives on a highway and allows compliant commercial motor vehicles to bypass weighing points. The bill also provides that if the Department of Transportation administers a separate program that uses a preclearance system, the department must determine which weighing points must participate in that program, and all preclearance system providers' devices and platforms must be treated equally and used concurrently at participating weighing points. The PLC testified Neither for Nor Against this bill as it could provide immense cost savings and efficiency for our members, but we didn’t want to appear in direct support which is not favored by Troop K.
Public Hearing, Energy, Utilities and Technology Committee, LD 1431, An Act Requiring the Public Utilities Commission to Adopt Rules Promoting Renewable Energy. Twenty-four hours before hearing on this bill, the sponsor distributed an amended version of the bill, The amendment is confusing, contradictory and could be extremely damaging to biomass generators in Maine. It appears to eliminate biomass as an eligible resource under Maine's Renewable Portfolio Standard by creating a new definitional category, "naturally regenerative or certified green", that excludes biomass. The amendment also directs the PUC to conduct a study of biomass with a report back to the committee early next year. The PLC testified in adamant opposition.
Work Session, Labor and Housing Committee, 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 testified in support but the Committee voted Ought Not to Pass.
Next Week’s Legislative Activity April 24 – April 28, 2023
Monday, April 24, 2023
Public Hearing, Environment and Natural Resources Committee, 11 am, LD 1411, An Act to Require the Adoption of Sector-specific Greenhouse Gas Emissions Limits, This bill, sponsored by Rep. Doudera (D-Camden), requires 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. The PLC will testify in opposition to the bill as it is contradictory to the actions of the Maine Climate Council and will also jeopardize future biomass CHP projects.
Tuesday, April 25, 2023
Public Hearing, Labor and Housing Committee, 1pm 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. Oddly, this bill has been scheduled for a second public hearing after it was already heard on March 30th. It’s not clear if this was done in error and if this is supposed to be a work session. The PLC will monitor the situation closely.
Work Session, Taxation Committee, 1:30 pm, LD 1135, An Act to Ensure that Carbon Credits Can Be Sold on Forest Land Enrolled in the Maine Tree Growth Tax Law. See PLC explanation in preceding week.
Work Session, Energy and Utilities Committee, 2 pm LD 1408, An Act to Reduce Maine's Dependence on Fossil Fuels and Carbon Footprint for Energy Production Using Waste Wood Fuel, This bill, sponsored by Rep. Theriault (R-Fort Kent), increases the limit on the net generating capacity of a combined heat and power program participant from 10 megawatts to 20 megawatts and increases the maximum total net generating capacity of all program participants from 20 megawatts to 40 megawatts. The PLC testified in support.
Wednesday, April 26, 2023
Public Hearing, Agriculture, Conservation and Forestry Committee, 9 am, LD 1670, An Act to Strengthen Maine's Agriculture, Food and Forest Economy by Funding the Maine Agriculture, Food and Forest Products Investment Fund and Amending Related Provisions of Law, This bill, sponsored by Speaker Talbot Ross (D-Portlant) requires the Maine Agriculture, Food System and Forest Products Infrastructure Investment Advisory Board within the Department of Agriculture, Conservation and Forestry to collaborate with the Department of Economic and Community Development and other appropriate agencies and organizational partners to ensure that investment objectives are appropriately targeted and not duplicative and to establish various grant and loan instruments as part of the Maine Agriculture, Food and Forest Products Investment Fund. It appropriates $20,000,000 per fiscal year to the fund. It directs the Department of Agriculture, Conservation and Forestry to establish 2 positions within the department. The enacting legislation for this Board was created in 2021 and the PLC has a position on it. The PLC will testify in support of this legislation.
Public Hearing, Agriculture, Conservation and Forestry Committee, 11 am, LD 1678, An Act to Strengthen Maine's Agriculture, Food and Forest Economy by Funding the Maine Agriculture, Food and Forest Products Investment Fund and Amending Related Provisions of Law, This resolve, sponsored by Rep. Osher (D-Orono) directs the Department of Agriculture, Conservation and Forestry to study and report on soil carbon sequestration incentive programs that can be applied to land in this State, including but not limited to forest land, agricultural land, conservation land and wetlands, and determine possible funding sources that may be used to fund the programs. The department must submit its report, including any recommended legislation, to the Joint Standing Committee on Agriculture, Conservation and Forestry no later than December 6, 2023. The committee may report out legislation regarding the report to the Second Regular Session of the 131st Legislature. The PLC will monitor this legislation.
Public Hearing, Taxation Committee, 1 pm, LD 1486, An Act to Exempt Tractor Trailer Trucks from the Excise Tax, This bill, sponsored by Senator Stewart (R-Presque Isle) exempts trucks and truck tractors registered for more than 26,000 pounds from the excise tax. The PLC will support this legislation as it aligns with what we are trying to do with the Federal Excise Tax.
Thursday, April 27, 2023
Public Hearing, Energy, Utilities and Technology Committee, 1 pm, LD 1606, An Act to Finance Clean Energy and Infrastructure in Maine, This bill, sponsored by Senator Daughtry (D-Brunswick) directs the Maine Clean Energy and Sustainability Accelerator to establish a dedicated grant program to finance energy audits and feasibility studies for renewable energy or energy efficiency retrofit projects in public elementary and secondary schools. It also directs the Efficiency Maine Trust to establish a pilot project to provide bridge funding for up to 2 years, in the form of zero-interest loans, for public elementary and secondary schools to finance the upfront costs of distributed generation solar or energy efficiency retrofit projects. The PLC will testify in support of the bill, but request that it be amended to allow biomass projects to be eligible for funding in the two year bridge funding program for schools.
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