Good morning from Augusta,
As we move further into the month of March, the legislature doesn’t seem to be getting any closer to adjourning and finishing up their work. Each week, there are more and more bills being released from the Revisor’s Office, making the official count for the 131st Legislature, 2,280 bills. However, the Appropriations Committee has commenced voting on certain sections of the supplemental budget and that is a good sign of progress.
Wednesday of this week, the Board of Environmental Protection held a second public hearing regarding the Chapter 127-A Advanced Clean Cars II Program rules. These rules were re-posted for public hearing after the Board was forced to move the meeting due to the December 18th storm. After about a three hour hearing, the Board brought it to a vote. The committee voted 4-2 in opposition of adopting the California rules. These rules would have mandated that 51% of the manufactured vehicles sold in Maine would have to be electric starting in 2027.
This vote by the Board sent a strong signal to the Legislature to take quick action on LD 2261, An Act Designating New Motor Vehicle Emissions Rules as Major Substantive Rules, sponsored by Representative Mike Soboleski (R-Phillips). This bill will ensure rules adopted by the Department of Environmental Protection regarding new motor vehicle emission standards, including rules to establish zero-emission requirements, are major substantive rules. This is extremely important to require the rules to go before the full legislature for ratification before being implemented. If the rules remain routine technical, the Department of Environmental would be able to implement the rules unilaterally. PLC testified in favor of this legislation.
The work session for LD 2261 was held on Thursday and the members of the Environment and Natural Resources Committee voted unanimously to advance the bill to the floor of the House. It was voted ought to pass as amended, removing section three, which would have implemented the rules retroactively and adds a couple different report-backs for the Department of Environmental Protection.
Next week, the PLC will be testifying in support of LD 1985, An Act to Authorize Removal of Requirements of Forest Certification Systems from the State's Forest Management Plans. This bill sponsored by Senate President, Troy Jackson (D-Aroostook), would:
- Require the Attorney General’s office to investigate complaints or allegations of nonpayment of wood harvested and placed roadside within 30 days or the person’s fulfillment of the contract.
- Ensures records of the Department of Agriculture, Conservation and Forestry, Bureau of Forestry obtained during an investigation into a complaint or suspected violation are confidential and records become public upon conclusion of an investigation.
- Prohibits the Department of Agriculture, Conservation, and Forestry from obtaining or maintaining certification from a voluntary, nonprofit and nonstock corporation organized under the District of Columbia Nonprofit Corporation Act, including, but not limited to, the Sustainable Forestry Initiative, Inc.
The PLC is still closely monitoring bills that have passed out of committee but have yet to receive language reviews. We expect the language reviews to be finalized next week. You can find more information on legislation from our bill tracking spreadsheet here.
Last Week’s Legislative Activity March 18 – March 23, 2024
Wednesday, March 20, 2024
LD 2261, An Act Designating New Motor Vehicle Emissions Rules as Major Substantive Rules, Public Hearing - Environment and Natural Resources Committee
More information on the bill can be found above.
Thursday, March 21, 2024
LD 2261, An Act Designating New Motor Vehicle Emissions Rules as Major Substantive Rules, Work Session - Environment and Natural Resources Committee
More information on the bill can be found above.
Next Week’s Legislative Activity March 25 – March 29, 2024
Monday, March 25, 2024
LD 1985, An Act to Authorize Removal of Requirements of Forest Certification Systems from the State's Forest Management Plans, (Support) Public Hearing – 1:30pm – Agriculture Conservation and Forestry Committee
More information on the bill can be found above.
Tuesday, March 26, 2024
LD 2191, An Act to Provide Relief to Small Businesses Affected by Severe Weather-related Events– (Support) Language Review, Innovation, Development, Economic Advancement, and Business
Senator Hickman’s (D-Kennebec) bill to establish the Small Business Weather Emergency Relief Program to provide relief payments to small businesses affected by severe weather-related events. The bill includes a one-time General Fund appropriation of $50 million in fiscal year 2023-24 to the program. Establishes a meaningful wood salvage and reclamation program.
Thursday, March 28, 2024
LD 513, Act Regarding Overtime Protections for Certain Maine Workers – (Oppose) Language Review, Labor and Housing Committee
Senator Tipping’s (D-Penobscot) bill will require an employee that works in an executive, administrative, or professional capacity must earn $55,086 beginning January 1, 2025, to be exempt from the laws governing minimum wage and overtime pay. Includes and annual adjustment starting January 2026 based on the percentage of annual increase in certain earnings published by the US DOL.
LD 372, An Act to Increase Enforcement and Accountability for Wage and Hour Violations – (Oppose) Language Review, Labor and Housing Committee
When implemented by the new Director of the Bureau of Labor Standards, could be detrimental to any business that has a wage and hour violation. The bill will allow the Director to become judge and jury on wage and hour violations will more than double the penalties and allows the Director to collect penalties from the business owners, completely circumventing the judicial system.
Rule Making and Regulatory Issues
Paid Family Medical Leave (PFML) Authority
The PFML Authority met for the first time about a week and a half ago and elected their committee chairs. Maria Fox is the Chair and Sam Hight is the Vice Chair of the Authority. The PFML Authority will meet next on May 7th. To get more information on Paid Family Medical Leave, follow the link below to the Authority’s website.
Authority Members:
- Benjamin K. Grant- Member with expertise in issues affecting labor and independent contractors. Organization: Maine Education Association
- David Barber-Employer with more than 50 employees. Organization: Barber Foods
- Samuel J. Hight-Member who is self-employed. Organization: Owns and operates multiple organizations including Hight Ford, Inc., Hight Chevrolet Farmington, and Hight Properties, LLC.
- Christopher J. Washburn-Expertise in issues related to paid family leave benefits and paid medical leave benefits. Organization: Delhaize America
- Michelle Corry-An employer in the hospitality industry. Organization: Five fifty-five
- Jay Naliboff, MD-Expertise in treating issues affecting maternity and postpartum care. Organization: Retired.
- Jenni Tilton-Flood-Expertise in agriculture, a seasonal workforce or a heritage industry. Organization: Flood Brothers Farm.
- Sarah Conroy-Expertise in issues affecting elder care. Organization: Androscoggin Home Healthcare + Hospice.
- Ranae L’Italian-Expertise in childcare and early childhood development. Organization: Kennebec Valley YMCA.
- Maria Fox - Expertise in employment law representing employee interests. Organization: Murray, Plumb and Murray
The Authority’s next meetings are scheduled for:
Tuesday, May 7 from 9-11 a.m.
Tuesday, June 11 from 9-11 a.m.
The most up-to-date information on Maine’s Paid Family and Medical Leave Program can be found here: https://www.maine.gov/labor/pfml/
Have a great weekend, and please do not hesitate to contact me if you have any questions or concerns.
Best,
Dana