PLC Legislative Update February 1, 2025
January 31, 2025 by Ben Grant

Good Morning from Augusta,

On Tuesday, January 28th, the PLC testified in support of LD 88, “An Act Regarding Penalties for Violating the Laws Governing Agriculture and Animals and the Maine Weights and Measures Law”.  This bill, which is sponsored by Rep. Bill Pluecker (I-Warren) on behalf of the Department of Agriculture Conservation and Forestry (ACF), authorizes the Commissioner of ACF to assess administrative penalties for violations of the laws governing agriculture and animals and certain provisions of the Maine Weights and Measures Law. Under the bill, penalties may not exceed $5,000 for each occurrence and may not exceed $50,000 in total. 

In our testimony, we advocated to the ACF Committee that the penalties within the bill should be broadened to cover violations of Title 10, Chapter 235, Section 1500-Q, Payment for Harvesting Wood.  If added, this would provide a penalty system for an addition to statute that was added in 2023 to ensure logging contractors who are hired to harvest wood are paid for their services within 30 days of the wood landing roadside.  We are hopeful these changes have a chance to be incorporated with this legislation and should have more information after the work session next Tuesday.

Next week, there will be a public hearing on one of the PLC’s priority bills for the legislative session.  LD 195, An Act to Create the Small Business Capital Savings Account Program, will have a public hearing on Thursday, February 6th at 11:15 am in the Housing and Economic Development Committee. 

The bill, sponsored by Senator Trey Stewart (R-Aroostook), creates a pilot program for businesses in the farming, fishing, and forestry industries to set aside revenue tax-free, up to $250,000 at one time, in a savings account to later be used on capital expenditures.  By creating these accounts, your business can save and later re-invest without paying state income taxes and not be forced to spend that money all in the same tax year. 

We need your help getting LD 195 passed.  Please, consider sharing your story of how this program would be beneficial to your business next Thursday.  There are three different options to make your voice be heard:

  1. Testify in person at the Housing and Economic Development Committee located in Room 206 of the Burton M. Cross Building in Augusta.
  2. Sign up to testify by Zoom here.
  3. Submit your own written testimony here or you can email your written comments to Ben at ben@plcloggers.org and he will submit them for you on your behalf.

Again, please take the time to share your story with members of the Housing and Economic Development Committee, it could really make a difference on whether the bill moves forward or not.

Please do not hesitate to reach out to us with your questions or concernsYou can follow along this session with our most recent bill tracker that can be found here.  If there are issues affecting your businesses, big or small, we want to hear about them. 

Thank you for all that you do and stay safe out there.

Best Regards,

Dana

Last Week’s Legislative Activity – January 27th – January 31st

Tuesday, January 28th

LD 39, “An Act to Require Forest Landowners to Report the Registration or Sale of Their Forest Carbon Credits”, (Rep. Bill Pluecker (I-Warren)) Public Hearing, Agriculture, Conservation and Forestry Committee. (Monitor)

This bill requires a forest landowner or forest carbon project developer to report the registration or sale of a forest carbon credit to the Department of Agriculture, Conservation and Forestry, Bureau of Forestry. 

While we didn’t weigh in on this legislation, there is concern within the industry that large landowners will tie up their land in carbon sequestration.  It will be important to keep an eye on this going forward to try and ensure that the land that is registered in this program remains a working forest.

LD 88, “An Act Regarding Penalties for Violating the Laws Governing Agriculture and Animals and the Maine Weights and Measures Law”, (Rep. Bill Pluecker (I-Warren)) Public Hearing, 1pm - Agriculture, Conservation and Forestry Committee. (Support)

More information on this bill is above.

LD 209, “An Act to Make Supplemental Appropriations and Allocations from the General Fund and Other Funds for the Expenditures of State Government and to Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fthe Fiscal Year Ending June 30, 2025,” (Rep. Drew Gattine (D-Westbrook)), Work Sessions – January 27th-29th 2-3pm – Appropriations Committee

This bill is the Governor’s Supplemental Budget.  The ACF Committee held a work session on the Supplemental Budget on January 23rd and the members of the committee were unanimous on all parts of the ACF portion except Part U.  The two chairs, Senator Rachel Talbot Ross (D-Cumberland), Representative Bill Pluecker (I-Warren), and a new committee member, Representative Sharon Frost (I-Belgrade) were in opposition to the $2 million in funding, and wanted it reduced to $1 million.  They thought that the large landowners needed to provide more resources to aid the prevention of Spruce Budworm.  The Supplemental Budget is currently being worked on in the Appropriations Committee, but the Spruce Budworm portion of the bill is yet to be voted on. 

Next Week’s Legislative Activity – February 3rd – February 7th 

Tuesday, February 4th

LD 192, “An Act to Exempt from State Sales Tax Utility Vehicles Purchased for Use in Commercial Fishing, Agricultural Production, Aquacultural Production and Wood Harvesting”, (Rep. Billy Bob Faulkingham (R-Winter Harbor)) Public Hearing, 1pm – Taxation Committee. (Support)

This bill provides that utility vehicles, as defined in the bill, are eligible for the refund of sales tax on depreciable machinery and equipment used in commercial agricultural production, commercial fishing, commercial aquacultural production and commercial wood harvesting.

LD 39, “An Act to Require Forest Landowners to Report the Registration or Sale of Their Forest Carbon Credits”, (Rep. Bill Pluecker (I-Warren)) Work Session, 1pm – Agriculture, Conservation and Forestry Committee. (Monitor)

This bill requires a forest landowner or forest carbon project developer to report the registration or sale of a forest carbon credit to the Department of Agriculture, Conservation and Forestry, Bureau of Forestry. 

While we didn’t weigh in on this legislation, there is concern within the industry that large landowners will tie up their land in carbon sequestration.  It will be important to keep an eye on this going forward to try and ensure that the land that is registered in this program remains a working forest.

LD 88, “An Act Regarding Penalties for Violating the Laws Governing Agriculture and Animals and the Maine Weights and Measures Law”, (Rep. Bill Pluecker (I-Warren)) Work Session, 1pm - Agriculture, Conservation and Forestry Committee. (Support)

More information on this bill is above.

Wednesday, February 5th

LD 60, “An Act to Allow Employees to Request Flexible Work Schedules”, (Rep. Amy Roeder (D-Bangor)) Public Hearing, 10am – Labor Committee. (Oppose)

This bill does the following:

  1. It allows an employee to request in writing, including by electronic means, a flexible work schedule.
  2. It requires an employer, which may be a private employer or public employer, to consider an employee's request for a flexible work schedule and whether the request may be granted in a manner that is not inconsistent with employer operations.
  3. It specifies that an employer and an employee must mutually agree on the duration of time and terms of a flexible work schedule.
  4. It allows an employer to rescind a flexible work schedule with as much notice to an employee as is practicable.
  5. It prohibits an employer from retaliating against an employee for exercising rights given by the bill.
  6. It specifies that a collective bargaining agreement may provide an employee with rights more expansive than rights established by the bill.

LD 61, “An Act to Regulate Employer Surveillance to Protect Workers”, (Rep. Amy Roeder (D-Bangor)) Public Hearing, 10am – Labor Committee. (Oppose)

This bill specifies that an employer may use employer surveillance only if the employer informs the employee before beginning employer surveillance. It prohibits an employer from using audiovisual monitoring in an employee's residence or personal vehicle or on the employee's property and provides that an employee can decline a request by an employer to install data collection or transmission applications on the employee's personal electronic devices for the purposes of employer surveillance. It requires that an employer notify a prospective employee during the interview process that the employer engages in employer surveillance. It gives rule-making authority to the Department of Labor.  It also creates a private right of action for persons aggrieved by a violation by an employer.

Thursday, February 6th

LD 195, “An Act to Create the Small Business Capital Savings Account Program”,(Sen. Trey Stewart (R-Aroostook)) Public Hearing, 11:15am – Housing and Economic Development. (Support) More information on this bill is above


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