Good Morning from Augusta,
It’s hard to believe but the month of April is ending already, and May begins on Monday. As a result, there are only six to seven weeks left in the 2023 Legislative session.
With the next month only two days away, the pace of activity will continue to quicken as Committees try to move all their work to the Senate and House or carry things over to 2024. At this rate, I have a feeling that the majority of complex bills will likely get carried over for more fun in 2024.
To deal with the backlog of bills yet to be heard, the presiding officers have now declared that only two days of notice are required before public hearings on newly referred legislation. This means that there will be very little time for our organization and the public to analyze details to form positions and react. We will let you know as soon as we know regarding any high-profile bills that are soon to be released and get information out as quickly as possible.
During the month of May, the House and Senate will continue to meet on Tuesdays and Thursdays in order to allow committees time to complete the work before them. What this means is that there will be an attempt to clear the docket by the end of the month and either refer all legislation to the floor or carry it over to 2024 so that both bodies can meet five days a week starting in June.
1,874 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 24 – April 28, 2023
Monday, April 24, 2023
Public Hearing, Environment and Natural Resources Committee, 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 testified in opposition to the bill, as did the Mills Administration, so it is likely that this bill will be killed in Committee.
Tuesday, April 25, 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.
Work Session, 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. The Committee voted to kill the bill unanimously, ONTP, but will send a letter to the Maine Forest Service and Maine Revenue Services and ask them to get together to provide guidance on whether Carbon can or can’t be treated as a forest product under Tree Growth. We will watch this issue closely as it moves forward.
Work Session, Energy and Utilities Committee, 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. The Committee tabled the bill as it has asked for more information from the Maine Public Utilities Commission.
Wednesday, April 26, 2023
Public Hearing, Agriculture, Conservation and Forestry Committee, 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 testified in support of this bill and was the only active participant from the forest economy.
Public Hearing, Taxation Committee, 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 testified in support of this legislation as it aligns with what we are trying to do with the Federal Excise Tax. The Mills Administration and Maine Municipal Association testified in opposition so it is unlikely that this legislation will move forward.
Thursday, April 27, 2023
Public Hearing, Energy, Utilities and Technology Committee, 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 testified in conditional support of the bill, but requested that it be amended to allow biomass projects to be eligible for funding in the two year bridge funding program for schools.
Work Session, Labor and Housing Committee, LD 949, An Act to Protect Employees from Employer Surveillance, This bill, sponsored by Rep. Roeder (D-Bangor) prohibits employer surveillance unless the surveillance is strictly necessary for employee health and safety or the security of the employer, with certain limitations. It requires employers to provide, upon a verifiable request by an employee, data collected on the employee and certain information regarding that data. It specifies that an employer must provide notice to its employees prior to beginning employer surveillance. It provides that an employee has a private right of action. The PLC, along with almost every other trade association in the state, testified in opposition to the bill. The sponsor provided an amendment which would exempt motor vehicle fleets and mechanized equipment from the bill, but the bill is still unworkable and creates too much liability. The bill voted Ought to Pass/Ought Not to Pass on a strict party lines.
Next Week’s Legislative Activity May 1 – May 5, 2023
Tuesday, May 2, 2023
Public Hearing, Labor and Housing Committee, 1 pm, LD 1803, An Act to Improve the Maine Workers’ Compensation Act of 1992. This bill, which is being presented by the Maine Workers’ Comp. Board, seeks to clarify some pieces of the pre-determination process for independent contractors who seek an exemption from Workers Comp. because they are sole proprietors. The PLC has reviewed the proposed changes and has discussed them with the Workers’ Comp. Board and has no issue with the legislation. The PLC will testify in support of the bill.
Work Session, Taxation Committee, 1 pm LD 1303, An Act to Exempt Boats and All-terrain Vehicles Purchased for Qualified Commercial Fishing or Commercial Farming from State Sales Tax This bill, sponsored by Rep. Faulkingham (R-Winter Harbor), exempts from sales tax sales of boats and all-terrain vehicles used directly and exclusively in commercial fishing or commercial agricultural production to a qualified purchaser. The bill defines "qualified purchaser" to mean a purchaser who, pursuant to the law governing the refund of sales tax on depreciable machinery and equipment purchases, has obtained a certificate from the State Tax Assessor stating that the purchaser is engaged in commercial fishing or commercial agricultural production. It also requires the seller to obtain from the purchaser an affidavit as prescribed by the assessor attesting to the qualification of the purchase for exemption. The PLC testified in support of this bill and the sponsor presented an amendment to allow timber harvesting companies to qualify.
Wednesday, May 3, 2023
Work Session, Energy, Utilities and Technology Committee, 1 pm 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.
Thursday, May 4, 2023
Work Session, Environment and Natural Resources Committee, 1 pm 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 testified in opposition to the bill, as did the Mills Administration, so it is likely that this bill will be killed in Committee.
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