Professional Logging Contractors of the Northeast

Good Morning from Augusta,

The legislature was in session on Tuesday and Thursday this week and their calendars were light in terms of workload and the bulk of the work stays focused on committees who are diligently working to dispense with carry-over bills before the end of the month. It may be hard to believe, but most of the committees worked through an afternoon snowstorm on Tuesday and for once didn’t cancel their meetings.

Tuesday afternoon was busy for PLC staff as there were work sessions and public hearings in the Energy Utilities and Technology Committee (EUT) and the Innovation, Development and Economic Advancement Committee (IDEA).

LD 1487, “An Act to Ensure That Residents of the State Have the Right to Repair Their Own Electronic Devices” was discussed in the IDEA committee and the sponsor introduced an amendment, which included input from the construction and heavy equipment industry to exempt off-road equipment, including forestry equipment. There wasn’t a lot of discussion after the Legislative Analyst gave her initial bill analysis, however the language is still very much open for discussion. One Republican House member actually lobbied for including farm and forestry equipment so the bill was tabled and further discussion will need to take place to reconcile differences.

LD 122, “An Act to Authorize the Efficiency Maine Trust to Establish a Program to Support the Uptake of Medium-duty and Heavy-duty Zero-emission Vehicles by Maine Businesses and to Establish a Medium-duty and Heavy-duty Zero-emission Vehicle-to-grid Pilot Project” had a work session in the EUT Committee and the bill sponsor, Senator Ingwersen (D-York) introduced an amendment that was passed by a vote of 10-3, gaining bipartisan support from two Republicans on the committee. The amendment created a pilot program to provide incentives for medium and heavy-duty electric vehicles for commercial use. The committee also added a requirement that ensures small businesses are qualified for the program, and it is limited to businesses, 25 employees and under. LD 122 will have a language review to finalize the bill before it is sent to the Senate Chamber for action and the sponsor wants to increase the number of employees for small businesses to comply. The PLC is not expecting that this incentive would be helpful since technology is 10-15 years away for heavy duty trucks, but we do see this as a way to point at something that never worked if there is ever another attempt mandate the use of electric trucks (i.e. DEP Board Rulemaking).

Next week, public hearings and work sessions continue starting on Tuesday with two public hearings in the Transportation committee on carry-over concept bills from last session. The language has not been determined for the bills as the sponsor has not shared it with the committee yet.

The bills the PLC are following are highlighted below and you can always find more information from our bill tracking spreadsheet here.

Last Week’s Legislative Activity January 16-19, 2024

Tuesday – January 16, 2024

LD 122, “An Act to Authorize the Efficiency Maine Trust to Establish a Program to Support the Uptake of Medium-duty and Heavy-duty Zero-emission Vehicles by Maine Businesses and to Establish a Medium-duty and Heavy-duty Zero-emission Vehicle-to-grid Pilot Project” - Work Session - Energy, Utilities and Technology Committee.

Last year the PLC testified with qualified support for this bill on February 14th of last year. Where this is a concept draft, the Senator Ingwersen (the bill sponsor) produced a new amendment before the work session. The amendment requires the Efficiency Maine Trust to establish a pilot program to provide incentives for the purchase and lease of medium and heavy-duty electric vehicles used in a commercial application. The committee voted in favor of the bill 10-3, with three members voting ought not to pass. We will continue to monitor for any updates to language during the language review process.

LD 1487, “An Act to Ensure That Residents of the State Have the Right to Repair Their Own Electronic Devices” - Work Session - Innovation, Development and Economic Advancement Committee.

The sponsor has offered an amendment, and it exempts off road equipment. The new amendment was brought forward during the work session there was a brief discussion, and then was tabled to be taken up in a future meeting. The PLC testified Neither for Nor Against this bill in 2023 and is monitoring it. The membership feels strongly that information must be provided by the OEM’s but it should not be provided for free.

LD 1606, “An Act to Finance Clean Energy and Infrastructure in Maine” - Work Session - Energy, Utilities and Technology Committee.

The EUT Committee did not have time to take up LD 1606 before leaving for the day so it was tabled. The PLC testified in support of this bill in 2023 and has actively engaged the sponsor to amend it and include ALL renewable energy options into the bill, which would ensure consideration of wood energy sources.

This Week's Legislative Activity January 22 - 26, 2024

Tuesday, January 23, 2024

LD 1648, An Act to Make Changes to the Farm and Open Space Tax Law - Work Session – Taxation Committee at 2:45pm

This bill, sponsored by Rep. Boyle (D-Gorham) establishes a new method for the valuation of land under the farm and open space tax law. It extends eligibility for a reduced valuation to land managed under a carbon conservation management plan, which is a written agreement between the landowner and the Department of Agriculture, Conservation and Forestry that describes strategies to be used on a parcel of land at least 10 acres in size to increase carbon storage or improve carbon conservation. It removes the requirement that wildlife habitat land meet specific criteria to be eligible for a reduced valuation, such as being designated by the Department of Inland Fisheries and Wildlife as supporting important wildlife habitat or identified by the Department of Agriculture, Conservation and Forestry as supporting a natural vegetation community. Instead, such land is eligible for a reduced valuation if the landowner establishes and complies with a written management agreement between the landowner and either the Department of Inland Fisheries and Wildlife or the Department of Agriculture, Conservation and Forestry to ensure that the habitat benefits provided by the land are not lost. This bill establishes specific criteria for management plans, including requiring them to contain specific strategies for compliance, be sworn to and complied with by the landowner and renewed at least once every 10 years. This bill requires the State Tax Assessor to reimburse municipalities for revenue lost as a result of being enrolled under the farm and open space tax law in a manner similar to the method of reimbursement under the Maine Tree Growth Tax Law. This bill also removes the provision limiting to no more than 15,000 acres the amount of land that may be enrolled by a landowner under the farm and open space tax law. Last year PLC testified in qualified support but insisted that changes are made to encourage forest management on open space to encourage the growth and harvest of more wood, not less, and not a haven for carbon management.

L.D. 401, “An Act to Improve Transportation in Maine” - Public Hearing – Transportation Committee at 1pm

This bill is a concept draft carried over from last session. PLC staff has reached out to the sponsor (Senator Chipman to determine if there is any language being put forward. We will monitor for any language updates going forward.

L.D. 402, “An Act to Change Maine's Transportation Laws” - Public Hearing – Transportation Committee at 1pm

LD 513, “An Act Regarding Overtime Protections for Certain Maine Workers” - Work Session – Labor and Housing Committee at 1:30pm

The 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.

LD 1896, “An Act to Index Workers' Compensation Benefits to the Rate of Inflation” - Work Session – Labor and Housing Committee

This bill requires benefits awarded under the Maine Workers' Compensation Act of 1992 to be annually increased to account for inflation by the amount of increase in the Consumer Price Index compiled by the United States Department of Labor, Bureau of Labor Statistics. The PLC is monitoring this bill.

Friday, January 26, 2024

LD 1487, “An Act to Ensure That Residents of the State Have the Right to Repair Their Own Electronic Devices” - Work Session - Innovation, Development and Economic Advancement Committee at 9am

The PLC testified Neither for Nor Against this bill in 2023 and is monitoring it. The membership feels strongly that information must be provided by the OEM’s but it should not be provided for free.

LD 1815, “An Act to Protect Maine's Consumers by Establishing an Abuse of Dominance Right of Action and Requiring Notification of Mergers” - Work Session - Innovation, Development and Economic Advancement Committee at 9am

A public hearing was held on Tuesday, January 9, 2024 at 1pm in the Innovation, Development and Economic Advancement Committee. The PLC testified in opposition to this legislation.

Rule Making and Regulatory Issues

Board of Environmental Protection

The Board of Environmental Protection met on January 18, 2024. They had a full agenda which included the Chapter 128 Advanced Clean Trucks Program. Because the Board neither adopted the proposed rule within 120 days of the final comment deadline, nor re-posted the proposal for additional comment, no further action on the proposal may be taken without reinitiating the rulemaking pursuant to the Maine Administrative Procedures Act.

Maine Department of Labor: Paid Family and Medical Leave Listening Sessions

The Maine Department of Labor will soon hold informal listening sessions that will provide an opportunity for interested parties to share invaluable feedback about components of the new Paid Family and medical Leave legislation. All listening sessions listed below will be held online.

January 25, 2024 from 5:30pm-7pm: Register for the listening session
February 1, 2024 from 5:30pm-7pm: Register for the listening session
February 12, 2024 from 5:30pm-7pm
February 28, 2024 from 5:30pm-7pm

If you unable to access this meeting online, there will be access to watch at the Maine Department of Labor Frances Perkins Room, 45 Commerce Drive, Augusta.

Other Information

During this time of the year in the short session, senators and representatives are determining whether they are going to run for reelection or not. Most of them will and are taking out nomination papers and collecting signatures around their districts. However, there are some legislative members that are termed out of office, opening the door for new candidates to run in their place. These members have served four consecutive two year terms (8 years total) and are no longer allowed to seek another term in their respective body.

Termed out members of the House and Senate are listed below:

State Representative Benjamin T. Collings (D-Portland)

State Representative Jessica L. Fay (D-Raymond)

State Representative David G. Haggan (R-Hampden)

State Representative Colleen M. Madigan (D-Waterville)

State Representative Richard G. Mason (R-Lisbon)

State Representative Margaret M. O'Neil (D-Saco)

State Representative Anne C. Perry (D-Calais)

State Representative Heidi H. Sampson (R-Alfred)

State Representative Rachel Talbot Ross (D-Portland) -Speaker of the House

State Representative Maureen Fitzgerald Terry (D-Gorham) – House Majority Leader

State Representative Stanley Paige Zeigler (D-Montville)