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Good morning from Augusta,
As the legislature approaches statutory adjournment, committee work is beginning to pile up. It's becoming increasingly common for policy committees to schedule eight to 10 public hearings in a single day. Legislative leadership has also waived any notification requirements for public hearings and now they can be scheduled anytime. As a result, many important bills don’t receive the attention or deliberation required to ensure they are written correctly. Looming in the background, is an inevitable fight over the second part of the Governor’s budget. Members should be ready to get involved on a moment’s notice as the next six weeks of the session are going to move at a furious pace.
This past week, the PLC testified in support of LD 1549, RESOLUTION: Proposing an Amendment to the Constitution of Maine Regarding the Use and Oversight of Transportation-Related Revenues. The bill proposes a constitutional amendment that would require 60% of sales tax revenue from motor vehicle sales to be dedicated to the highway fund. We believe this measure would help ensure stable and consistent investment in the infrastructure vital to our members and the forest economy throughout the state. If passed, LD 1549 would also give voters the opportunity to vote on this constitutional amendment.
Next week, the PLC will monitor the Labor Committee work session focused on changes to the Paid Family Medical Leave (PFML) program. Fourteen PFML-related bills are scheduled for discussion, though the committee is expected to advance only one or two.
There is limited interest from the majority party in making significant changes to the program, mainly because benefits have not yet been distributed. However, some technical changes such as requiring 120 days of employment before leave eligibility and shortening the window for retroactive claims, received bipartisan support during the public hearing and remain under active consideration. These proposals appear to be "low-hanging fruit" where compromise may be possible, though discussions are ongoing. The PLC will continue to engage with stakeholders to develop strategies for advancing meaningful PFML reforms.
We need your help!
LD 1733, An Act to Provide Reduced Interest Rates for Logging and Fishing Operations, will be scheduled for a public hearing in the near future and likely on short notice. This bill would create a revolving loan fund for logging contractors and commercial fishermen to purchase harvesting equipment with a 2% or lower interest rate. The program would mirror the Agriculture Marketing Loan Fund, which has been available to farmers for decades, would provide parity to loggers and farmers. We will need your help in showing support for this bill as it will provide a significant benefit to logging companies looking to reinvest and purchase equipment. Please let us know if you are able to help by testifying in person, over zoom, or by submitting written comments in the near future.
Bills we are tracking this session can be found here.
We are less than a week away from our 30th Annual Membership Meeting and Log A Load Auction. I am looking forward to seeing you all there!
Have a great weekend and stay in touch,
Dana
If you are interested in testifying on any piece of legislation no matter the subject, please reach out to Ben Grant and he would be happy to assist you. He can be reached on his cell at 207-598-6223 or his email at ben@plcloggers.org. Senators and Representatives like to hear from the people in their districts as it helps provide knowledge to shape policy decisions.
Last Week’s Legislative Activity – April 28 – May 2, 2025
Tuesday, April 29
LD 1525, An Act to Promote Firewood Banks in Maine, Rep. D. Ray (D-Lincolnville) Work Session – ACF Committee (Support).
The PLC Testified in Support of LD 1525, which would require the Department of Agriculture, Conservation and Forestry, Bureau of Forestry to provide information to the public to increase awareness of firewood banks and to maintain a list on the bureau's publicly accessible website that lists all of the operating firewood banks in this state. The bureau must also develop informational resources to promote the successful operation of firewood banks in this State. In fulfilling these obligations, the bureau may consult with the University of Maine Cooperative Extension Service.
LD 1525 was voted unanimously ought to pass as amended in the ACF Committee. The committee wants to use the term “fire-wood bank”. There was some discussion around what liability insurance was required for the volunteer wood banks, but the committee had their questions answered by one of the wood bank managers.
LD 402, An Act to Move the Natural Areas Program from the Department of Agriculture, Conservation and Forestry to the Department of Inland Fisheries and Wildlife and to Amend the Law Governing Administration of the Bureau of Resource Management Within the Department of Inland Fisheries and Wildlife, Rep. Jim Dill (D-Old Town) Work Session – ACF Committee (Support)
This bill would move the Maine Natural Areas Program (MNAP), which is currently administered by the Department of Agriculture, Conservation and Forestry, to the Department of Inland Fisheries and Wildlife (IFW). The PLC provided testimony in support of LD 402. Our testimony can be found here.
This bill was voted 7-1, with a Majority Report of Ought to Pass as Amended. The amended version of the bill, removes section 36, makes technical changes in sections 16 and 17, and the last section adds a rulemaking provision. The amendment is necessary to keep MNAP functioning as it is currently.
Rep. Pluecker’s Minority Report includes most of Senator Black’s amendment but removes “Plant Communities” from the bill.
LD 1587, An Act to Establish Greater Alignment of Penalties for Certain Labor Law Violations, Rep. Matthew Beck (D-South Portland), Work Session – Labor Committee (Oppose)
This bill codifies into the Maine Revised Statutes provisions of the federal Fair Labor Standards Act of 1938 and creates a criminal penalty for any person who intentionally or knowingly violates the employment practices laws or the laws governing preference to Maine works and contractors. A person convicted of a willful violation is subject to a fine of not more than $10,000 or to imprisonment of not more than 6 months, or both, except that a person may not be imprisoned unless that person has been previously found guilty of willfully violating these laws. The Director of Labor Standards within the Department of Labor may refer these violations to the Attorney General for prosecution. The Attorney General must respond to the director within 30 days of receiving the referral, indicating whether the Attorney General will prosecute the case. If the Attorney General declines to prosecute, the Attorney General must provide to the director the reasons for the denial.
This bill also requires that any information related to these willful violations must be included in the department's annual report, including any fines sought or collected by the department, the number of referrals made by the director and the number of referrals declined by the Attorney General, including the reasons for the denials.
The PLC testified in Opposition to LD 1587.
LD 1587 was scheduled but never brought up during the committee meeting.
Wednesday, April 30
LD 1210, An Act to Regarding Renewable Electricity Generation by Hydropower Projects, Sen. Brad Farrin (R-Somerset) Work Session – Environment and Natural Resources Committee (Support)
This bill amends the laws regulating the Department of Environmental Protection's process for approving or disapproving a permit for a hydropower project and for issuing or denying a water quality certification for a hydropower project as required under the Federal Water Pollution Control Act. It requires the department, in determining whether to approve or deny a permit, or issue or deny a water quality certification, to consider the effect of that approval, disapproval, issuance or denial on the State's renewable energy, decarbonization and economic development policies and goals; the environmental and economic benefits to the State of the hydroelectric generation provided by the project; and, taking those factors into consideration, whether approval of the permit or issuance of the certification for the project is permissible notwithstanding the project's effect on wildlife habitat and aquatic life within the waters affected by the project, including affected waters downstream of the project.
The PLC Testified in Support of LD 1210.
This bill was voted in committee 9-4 in favor of an ought not to pass motion and is unlikely to move forward.
Thursday, May 1
LD 1549, RESOLUTION, Proposing an Amendment to the Constitution of Maine Regarding the Use and Oversight of Transportation-related Revenues, Sen. Brad Farrin (R-Somerset), Public Hearing – Transportation Committee (Support)
This resolution proposes to amend the Constitution of Maine to provide that, beginning July 1, 2027, at least 60% of automobile-related sales and use tax revenue must be transferred to the Highway Fund and must be expended solely for costs of all modes of transportation, including public highways, bridges, aviation, transit, railroads, ferries, ports and other marine infrastructure, trails, pedestrian infrastructure and bicycle facilities and related appurtenances. The resolution also provides that, beginning July 1, 2027, the joint standing committee of the Legislature having jurisdiction over transportation matters has jurisdiction over all financial matters related to the Highway Fund.
The PLC testified in support of LD 1549, which if passed, would give voters an opportunity to vote on increasing and stabilizing transportation funding for infrastructure improvements through a referendum.
Next Week’s Legislative Activity – May 5 – May 9, 2025
Monday, May 5
LD 1808, An Act to Enact the Maine Climate Superfund Act, Rep. Grayson Lookner (D-Portland), Public Hearing – Environment and Natural Resources Committee (Oppose)
This bill establishes the Climate Superfund Cost Recovery Program within the Department of Environmental Protection. Under the program, an entity or a successor in interest to an entity that was engaged in the trade or business of extracting fossil fuel or refining crude oil between January 1, 2000 and December 31, 2024 is assessed a cost recovery demand for the entity's share of fossil fuel extraction or refinement contributing to greenhouse gas-related costs in the State.
This is essentially a new fuel tax and will trickle down to all consumers.
LD 1870, An Act to Establish a Climate Superfund Cost Recovery Program to Impose Penalties on Climate Polluters, Sen. Stacy Brenner (D-Cumberland), Public Hearing – Environment and Natural Resources Committee (Oppose)
This bill establishes the Climate Superfund Cost Recovery Program within the Department of Environmental Protection. Under the program, an entity or a successor in interest to an entity that was engaged in the trade or business of extracting fossil fuel or refining crude oil between January 1, 1995 and December 31, 2024 is assessed a cost recovery demand for the entity's share of fossil fuel extraction or refinement contributing to greenhouse gas-related costs in the State.
This is essentially a new fuel tax and will trickle down to all consumers.
LD 1882, Resolve, Directing the Department of Environmental Protection to Conduct Rulemaking Regarding Significant Vernal Pools, Rep. Sally Cluchey (D-Bowdoinham), Public Hearing – Environment and Natural Resources Committee (Oppose)
This resolve directs the Department of Environmental Protection to amend its rules under the Natural Resources Protection Act regarding enhanced protection for significant vernal pools. This rulemaking must include:
- Updating definitions to include "significant vernal pool buffer" as the portion of the critical terrestrial habitat within 100 feet of the spring or fall high-water mark of the vernal pool depression;
- Updating the habitat management standards for significant vernal pool habitat to include no disturbance within the significant vernal pool buffer;
- Updating the habitat management standards for significant vernal pool habitat so that critical terrestrial habitat bisected by property boundaries is afforded the same protections as properties where vernal pool depressions are present; and
- Adjusting dates related to drying under significant vernal pool habitat identification criteria to July 15th for vernal pools located in northern Maine and July 1st for vernal pools located in southern Maine.
This is an attempt by the sponsors to bypass agency rulemaking and change current rules with legislation. The PLC is opposed to this type of action.
Tuesday, May 6
LD 1804, An Act Concerning Funding and Oversight of Transportation Matters, Sen. Brad Farrin (R-Somerset), Public Hearing – Transportation Committee (Support)
This bill makes clear in statute that the joint standing committee of the Legislature having jurisdiction over transportation matters has complete jurisdiction over the Highway Fund.
It also establishes a minimum level of funding for transportation infrastructure programs related to bridges, highway lights and multimodal transportation by increasing from 40% to 60% the percentage of automobile-related sales and use taxes transferred to the Highway Fund and adds automobile-related sales and use taxes to the list of revenue that is allocated to and becomes part of the Highway Fund beginning July 1, 2027. The State Budget Officer would be required to adjust the minimum level of funding by the percentage change in the Consumer Price Index each biennium beginning July 1, 2027.
LD 1761, An Act to Prohibit Indemnification Agreements, Rep. Josh Morris (R-Turner), Public Hearing – Health Coverage, Insurance and Financial Services Committee (Support)
This bill prohibits contract agreements that indemnify or hold harmless the promisee from or against any negligence, claim or liability arising out of an intentional act or omission of the promisee or promisor. Parties to a contract are not prohibited from agreeing that the promisee must be included as an additional insured in an insurance contract. The bill does not affect the validity of workers' compensation or other insurance contracts.
Wednesday, May 7
LD 191, An Act to Support Maine Businesses by Establishing a Pass-through Entity Tax and Tax Credit, Rep. Tavis Hasenfus (D-Winthrop), Work Session – Taxation Committee (Support)
This bill allows a member of a pass-through entity a credit of 90% of the member's share of Maine income taxes paid as a pass-through entity.
The Labor Committee will hold a work session on fourteen bills regarding the Paid Family Medical Leave Law. The List of PFML Bills can be found in the Labor Committee Section of the Bill Tracker.
Thursday, May 8
LD 1529, An Act to Enhance the Protection of High-value Natural Resources Statewide, Sen. Rick Bennett (R-Oxford) Work Session – ACF Committee (Oppose)
Directs the Land for Maine's Future Board to give preferential consideration in land acquisition projects that conserve late successional forests and old-growth forests, while mandating that any projects funded with late successional and old growth forests are taken out of production for timber harvesting forever.
The PLC Testified in Opposition to LD 1529.
LD 1630, An Act to Amend the Open Space Tax Law, Rep. Dan Sayre (D-Kennebunk) Work Session – Taxation Committee (Oppose)
Similar to a bill proposed in the 131st Legislature, this bill aims to make changes to the Open Space current use tax law. We were in support of LD 1648, An Act to Make Changes to the Farm and Open Space Tax Law, in the 131st legislature, but we believe that this bill goes too far. It incentivizes taking forestland out of timber production, provides equal if not greater tax treatment than Tree Growth and has created a burdensome implementation system which relies upon professionals that do not have knowledge or experience to write, implement and oversee plans for landowners, effectively relegating logging contractors to the sideline in forest management. Our testimony in opposition can be found here.
LD 1305, An Act to Improve Access to Transportation to Work for Forestry Workers and Migrant and Seasonal Farm Workers, Sen. Trey Stewart (R-Aroostook) Work Session– Transportation Committee (Oppose)
This bill allows a forestry worker or migrant and seasonal farm worker who meets federal driver qualifications and possesses a valid or recently expired driver's license in the worker's home country to operate a motor vehicle in this State for the purpose of driving workers between the workers' lodgings and work sites each day. If a worker provides documentary evidence that the worker meets the driver qualifications under the Maine Revised Statutes, Title 26, section 643, subsection 1, paragraph B and possess a valid or recently expired driver's license from the operator's home country, the Secretary of State is required to issue the worker a temporary driver's license. The license issued to a forestry worker or migrant and seasonal farm worker is considered a Class B license and is valid only for driving workers between the workers' lodgings and work sites each day.
This bill was submitted to help support a farmer in Aroostook County and should not apply to forestry workers. The PLC Testified in opposition to LD 1305
LD 1619, Resolve, to Establish a Commission to Study Pathways for Creating a Thermal Energy Networks Program in Maine, Rep. Walter Runte (D-York), Work Session – Energy, Utilities and Technology Committee (Support if amended)
This resolve establishes the Commission to Study Pathways for Creating a Thermal Energy Networks Program in Maine. The commission is composed of legislators and public members, including, but not limited to, members with experience in engineering, research in the fields of thermal energy network development and workforce development.
The resolve requires the commission to study the feasibility of implementing thermal energy networks for residential, commercial and industrial sectors in this State by examining a number of considerations, including, but not limited to, compatibility with existing systems, certain legal considerations, grid impacts, labor and workforce considerations and funding opportunities.
The PLC would be in support of the bill if amended to add language to include district heating from wood. As written, geothermal technology is the only heat source in the study.
LD 1699, An Act to Create a Refundable Tax Credit for Agricultural Enterprises, Rep. Bill Pluecker (I-Warren), Public Hearing – Taxation Committee (Support)
This bill allows an agricultural enterprise to qualify for the Maine Seed Capital Tax Credit Program, which provides an eligible business a tax credit for investments in plant, equipment, research and development, or working capital for the business or such other business activity as may be approved by the Finance Authority of Maine. The bill allows an agricultural enterprise determined eligible by the authority to qualify for a tax credit for investments made in infrastructure, not including real estate, but including any improvement that expands the marketing, production or processing of agricultural products, in addition to the qualifying investments that may be made by a business. The PLC will support the bill as an agricultural enterprise also includes logging businesses.