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Good morning from Augusta,
This week, a public hearing was held on one of the PLC’s primary focus areas of the session, LD 1313, An Act to Promote Equity in the Forest Products Industry by Allowing Commercial Wood Haulers to Be Eligible for Certain Sales Tax Exemptions and Refunds. LD 1313, will provide a permanent sales tax exemption on log trucks, trailers, service trucks, and pick-up trucks used primarily in commercial wood harvesting. You can watch the public hearing on LD 1313 here at the 1:31pm mark of the video.
We had a great turnout from membership to support our top priority bill of this legislative session and we are grateful to everyone who attended and shared their stories and experiences with the committee. A special thank you to Chuck Ames, Kurt Babineau, Andy Irish, Molly London, Marty Pelletier, John Warren, and other members who took the time to testify in person or submit written statements in support of this lifeline for the industry. Each of you told a different story of how this exemption would benefit your business and it resonated with the Taxation Committee. Your advocacy for the logging and trucking industry is invaluable when important issues such as this are deliberated at the state house.
Over the next couple weeks, we will work with proponents of the bill to tighten up the language and answer any questions the committee had during the public hearing. The Taxation Committee has a very heavy workload, so it is unclear when the work session will be scheduled. Until then, we will keep you updated if there is any further action or if you can help in any way to get this bill across the finish line.
In addition to LD 1313, the PLC testified in support of LD 1212, Resolve, to Study Opportunities for the Efficiency Maine Trust to Support the Promotion and Use of Modern Wood Heating. This bill, sponsored by Senator Matt Harrington (R-York) would require the Efficiency Maine Trust, in collaboration with the Department of Economic and Community Development, to work with representatives of the modern wood heating system industry to study and make recommendations relating to programs and incentives encouraging the promotion and use of modern wood heating systems in the State. LD 1212 will have a work session in the Energy, Utilities and Technology Committee next week.
You can also 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.
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 7 – April 11, 2025
Monday, April 7
LD 1210, An Act to Regarding Renewable Electricity Generation by Hydropower Projects, Sen. Brad Farrin (R-Somerset) Public Hearing – 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.
Wednesday, April 9
LD 1212, Resolve, to Study Opportunities for the Efficiency Maine Trust to Support the Promotion and Use of Modern Wood Heating, Sen. Matt Harrington (R-York) Public Hearing – Energy, Utilities and Technology Committee (Support)
This bill, sponsored by Senator Matt Harrington (R-York), would require the Efficiency Maine Trust, in collaboration with the Department of Economic and Community Development, to work with representatives of the modern wood heating system industry to study and make recommendations relating to programs and incentives encouraging the promotion and use of modern wood heating systems in the State.
The PLC Testified in Support of LD 1212.
LD 1275, An Act to Promote the Production of Natural Resources Bioproducts by Amending the Renewable Chemicals Tax Credit, Rep. Dan Sayre (D-Kennebunk) Public Hearing – Taxation Committee (Support)
This bill amends the law governing the renewable chemicals tax credit to remove the requirement that the taxpayer must demonstrate to the Department of Economic and Community Development that at least 75% of the employees of the contractors hired or retained to harvest renewable biomass used in the production of renewable chemicals meet the eligibility conditions specified in the Employment Security Law. This bill was enacted in 2020 with this provision, which the PLC was adamantly opposed to at that time. This was a provision added by then Senator Troy Jackson at the end of the session shortly after the pandemic had began. This bill will correct the wrong that has deterred any investment in the state which could use this tax credit.
The PLC Testified in Support of LD 1275. In addition to the testimony, we have asked the sponsor to amend the bill to create a second tier of incentive in the Renewable Chemicals Program for wood that is derived from third party forest land. This could encourage mills to site operations in Maine because they know their feedstock is 3rd party certified, and they would get a higher incentive for purchasing that wood. This would also provide an incentive for landowners that choose to certify their land and have a place to sell it.
LD 1313, An Act to Promote Equity in the Forest Products Industry by Allowing Commercial Wood Haulers to Be Eligible for Certain Sales Tax Exemptions and Refunds, Sen. Brad Farrin (R-Somerset) Public Hearing – Taxation Committee (Support)
More information on this bill can be found above.
LD 556, “An Act to Preserve Heating and Energy Choice by Prohibiting a Municipality from Prohibiting a Particular Energy System or Energy Distributor”, Sen. Matt Harrington (R-York) Work Session – State and Local Government Committee (Support)
This bill prohibits municipalities from prohibiting an individual or entity from using a heating or energy system for that individual's or entity's own heating or energy needs, including the heating or energy needs of a motor vehicle, or engaging the services of a person or energy distributor of that individual's or entity's choice unless the prohibition is otherwise authorized by statute. The PLC testified in support of LD 556.
A work session was held on Wednesday for LD 556. The bill was voted in committee and the was split in a favorable bipartisan vote of 7 in favor of the ought to pass motion with 5 opposed, and one member of the committee absent. The minority report will be ought not to pass.
Thursday, April 10
LD 261, “An Act Regarding the Authority of Municipalities to Regulate Timber Harvesting”, Rep. Stephen Bunker (D-Farmington) Work Session – ACF Committee (Support)
This bill clarifies that the definition of "timber harvesting activities" under the forest practices laws does not include activities that result, within 5 years of the completion of such activities, in a change of land use.
The bill provides that a municipal timber harvesting ordinance must adopt definitions for forestry terms that are consistent with definitions in the Maine Revised Statutes, Title 12, section 8868 and with forestry terms adopted by the Commissioner of Agriculture, Conservation and Forestry pursuant to Title 12, chapter 805, subchapter 3-A.
The bill provides that municipal ordinances subject to review by the Department of Agriculture, Conservation and Forestry, Bureau of Forestry are limited to ordinances that regulate timber harvesting activities. The bill provides that a timber harvesting ordinance adopted on or after September 1, 1990 and prior to January 1, 2026 must meet the requirements of Title 12, section 8869, subsection 8 by June 30, 2029.
The bill provides that a municipal timber harvesting ordinance may be adopted only after certification by the bureau that the municipality adopted the timber harvesting ordinance in accordance with Title 12, section 8869, subsection 8. The bill also requires a municipal timber harvesting ordinance to be pursuant to and consistent with a comprehensive plan adopted by the municipal legislative body.
The bill clarifies that the centralized listing of municipal ordinances maintained by the bureau applies to ordinances that specifically apply to timber harvesting activities and updates certain requirements of the clerk of a municipality to report timber harvesting ordinances to the bureau.
The PLC testified in Support of LD 261. Our testimony can be found here.
A work session was held on Thursday and the bill was voted unanimously ought to pass as amended with the committee voting in favor of Rep. Pluecker’s amendment. His amendment removed the retroactivity from the bill and ensured that the bill only applied to municipal ordinances established going forward.
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 tabled again in committee and there will be further discussion at the next work session regarding rules for the program going forward. Rep. Pluecker wants to change the rules from routine technical to major substantiative.
LD 1252, “An Act to Amend the Laws Governing the Maine Agriculture, Food System and Forest Products Infrastructure Investment Advisory Board”, Rep. Allison Hepler (D-Woolwich), Work Session – Agriculture, Conservation and Forestry Committee (Support)
This bill modifies provisions of the law governing the Maine Agriculture, Food System and Forest Products Infrastructure Investment Advisory Board and disbursements from the Maine Agriculture, Food and Forest Products Investment Fund, which the advisory board oversees.
The PLC supported a similar bill last year sponsored by the Speaker of the House Rachel Talbot Ross (now Senator Talbot Ross); however, it was not acted upon before the session ended and died.
The PLC testified in support of LD 1252.
LD 1252 was scheduled for a work session but was never taken up by the committee.
Friday, April 11
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) Public Hearing – Transportation Committee (Oppose)
This bill allows a forestry worker or migrant and seasonal farmworker 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 farmworker 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
Next Week’s Legislative Activity – April 14 – April 18, 2025
Tuesday, April 15
LD 588, An Act to Enact the Agricultural Employees Concerted Activity Protection Act, Sen. Rachel Talbot Ross (D-Cumberland), Work Session– Labor Committee (Oppose)
This bill enacts the Agricultural Employees Concerted Activity Protection Act, which gives agricultural employees of agricultural employers the right to engage in certain concerted activity.
Forestry employees are included in the language, but we have reached out to the sponsor, and we believe it is not her intent to have them included.
The PLC Testified in opposition to LD 588.
Wednesday, April 16
LD 191, An Act to Support Maine Businesses by Establishing a Pass-through Entity Tax and Tax Credit, Rep. Tavis Hasenfus (D-Winthrop), Public Hearing – 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.
LD 1587, An Act to Establish Greater Alignment of Penalties for Certain Labor Law Violations, Rep. Matthew Beck (D-South Portland), Public Hearing – 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.
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)
More information on the is bill above.
The PLC Testified in Support of LD 1210.
Thursday, April 17
LD 1525, An Act to Promote Firewood Banks in Maine, Rep. D. Ray (D-Lincolnville) Public Hearing – ACF Committee (Support)
The bill requires 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.
The bill requires that any time there are timber or forest harvesting operations on state-owned land located within 50 miles of a firewood bank, the State is required to offer a donation of 8 to 13 cords of hardwood to that firewood bank.
The bill clarifies that a firewood bank and the municipality or county in which a firewood bank is located is not liable for any damages caused by the taking or use of firewood obtained from a firewood bank. The bill also requires the Commissioner of Environmental Protection to provide guidance to municipalities and counties concerning management of environmental impacts and solid-waste disposal associated with the operation of a firewood bank.
LD 1529, An Act to Enhance the Protection of High-value Natural Resources Statewide, Sen. Rick Bennett (R-Oxford) Public Hearing – 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;
Requires the Director of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry to include information regarding late-successional forests and old-growth forests in the director's report on state forests;
Requires the Maine Land Use Planning Commission to adopt rules to reclassify all lakes that are currently undeveloped but high value into other management classifications; and
Directs the Department of Agriculture, Conservation and Forestry to develop a comprehensive, statewide strategy to enhance the conservation of late-successional forests and old-growth forests.
LD 1212, Resolve, to Study Opportunities for the Efficiency Maine Trust to Support the Promotion and Use of Modern Wood Heating, Sen. Matt Harrington (R-York) Work Session – Energy, Utilities and Technology Committee (Support)
More information on this bill above.
The PLC Testified in Support of LD 1212.