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The biggest challenge facing the Maine Forest Products Council right now, along with every organization in the state, is how to advocate for members during the first “virtual” session of 130^th Legislature. As with so many things right now, we are uncharted territory. Here’s what I know now, but keep in mind things are changing rapidly all the time.

Don’t expect to be in a committee room with legislators around the horseshoe this session. Instead everybody will be looking through a computer screen.

Due to the pandemic, this legislative session is going to be totally remote. The State House is closed to the public, and pretty much closed to legislators. There will be no legislative sessions or joint sessions of the House and Senate until much later in the spring. Since we can’t talk to them in the halls, legislators are going to be overwhelmed with information from alternative sources, such as calls, emails, texts etc., from various interest groups across the state.

The Legislature’s intent is to begin the session slowly, so it didn’t start Jan. 6 as it normally would.  Bill titles are all we have to work with right now, but the Office of the Revisor Of Statutes has been authorized to print the bills. They will then be sent to the Clerk of the House and the Secretary of the Senate for direct referral to committees. Normally, bills and papers would have been referred through the House and the Senate.

Once bills are printed, committees will begin to do their work on a virtual platform, which at this point is expected to be Zoom. They will go through orientation as new committees, have presentations from various stakeholders, starting with the administration and state agencies, and briefings on materials relevant to what’s before the various committees. They’ll also go through briefings on protocols and expectations, especially with this new platform.

It’s going to be an incredibly different dynamic for both legislators and our members and we will have to work hard to communicate and advocate, especially since not everyone has access to broadband and high speed internet.

I’ve been doing an enormous amount of outreach with legislators, including committee chairs, and here’s where we have some opportunities.  

First, the analysts and staff of the committees will be central to this entire process. Imagine being a legislator on multiple committees, watching hearings on a computer screen for entire days or even into the evening. We know people are going to get saturated. So legislators will rely heavily on the staff, especially the analysts for information. It’s our job to provide them with timely, accurate and succinct testimony and other information.

The Council also has a real advantage because the forest products industry is a statewide constituency that we can tap into. The greatest messengers we have are our members, from individuals to companies, because you have the greatest impact on legislators who will be voting on bills. MFPC members have always worked hard for our industry’s interests, but this time we need them to engage in ways beyond what we’ve asked in the past.

Having said that, the MFPC staff and lobbyist we will do anything everything we can to help with messaging and also help you to feel comfortable communicating directly with legislators.

Don’t forget that at the end of the day, the people who represent you at the legislature are your neighbors. They not only need to hear from you, they will welcome your ideas and insights.

Despite a pandemic and a crisis in national leadership, Maine’s forest industry keeps adapting to changing conditions as it works to remain competitive in a global marketplace. Many Maine residents, especially those in rural communities, are dependent on our members’ success in surviving these challenges. So we want to ensure that every newly elected Maine legislator understands the relationship between supporting businesses in their community and protecting jobs.

Legislative exuberance is rarely limited, so at last tally, Rep. Christopher Kessler, D-South Portland, had the highest LR number on the list – LR 1957 An Act To Enact the Zero Tolerance Hazardous Air Emissions Act.

There are many important ideas legislators are putting forward that are pandemic related (i.e. healthcare, employee COVID safety, business protection). So it’s no surprise LD 1 An Act To Establish the COVID-19 Patient Bill of Rights was sponsored by Senate President Troy Jackson, D-Aroostook, and House Speaker Ryan Fecteau, D-Biddeford.

“We cannot have cost be a barrier to testing or to treatment,” Fecteau said. “Also, the importance of requiring insurance companies to cover immunizations for COVID-19 is critical,”

There also is an urgent need to focus on approving a budget in these tough economic times. On Jan. 8, Gov. Janet Mills released her $8.4 billion budget proposal, which largely holds state government spending flat while increasing education spending and a key reserve fund.

 “To me, it’s a no-nonsense, no-drama document, plain and simple,” Mills said during a briefing with reporters.

Narrowing my focus to bills that may affect our forestry businesses directly, I have placed 106 titles on my preliminary watch list.  A title doesn’t always convey the total intent of a bill, but we can flag concerns and seek clarification from legislative authors before the bill language is drafted in the Revisor’s Office and referred to committees of jurisdiction. 

The Agriculture Conservation and Forestry Committee’s docket includes last session’s bill by Senate President Jackson to eliminate aerial applications of glyphosate (currently it’s just LR 577 An Act To Prohibit the Aerial Spraying of Glyphosate and Other Synthetic Herbicides for the Purpose of Silviculture).

Landowners spent considerable time and expense with field studies and an ACF tour in 2019 (see video below) to help inform committee members about the importance of this silvicultural tool, so it is discouraging to see Sen. Jackson has not changed his approach to this issue. Our agriculture colleagues also will be dealing with a number of pesticide issues and we’ll need to work together to continue to educate policymakers. On a positive note, a bill to replace Maine Forest Service helicopters through bonding has been proposed.

The Environment and Natural Resources Committee (ENR) will be reviewing several climate change bills. As a member of the Climate Change Council, I’ll be participating in a presentation to the committee on Jan. 27. We also will be revisiting several PFAS bills, which would affect our pulp & paper businesses, that were dropped last session.

In the Energy and Utilities Committee (EUT), we will be talking about the MFPC sawmill residuals bill that encourages investments in community Combined Heat and Power projects (CHP). This is a modest request (50MW of capacity) within the larger discussions about increasing wind and solar energy production. Some additional CHP bills have been introduced as well. There also will be a debate about the merits of a publicly owned utility structure in Maine.

Recommendations from the Maine Indian Claims Settlement Task Force will be reintroduced this session in the Judiciary Committee since these issues were unresolved when the 129th legislature shut down. We continue to be concerned with changing the sovereign rights of a group of landowners and the effect of those actions on the greater landowner community and forest manufacturing base. I am hopeful that this discussion will be respectful of the many perspectives that are at stake.

It would not be the beginning of a new legislative session without the three Sunday hunting proposals in the queue. Two Tree Growth bills that were dropped last session are returning to the Taxation Committee. Sen. Jackson has reintroduced his bill on cabotage[1], which perpetuates the false narrative that federal transportation laws are being violated. Rep. John Martin, D-Eagle Lake, feels compelled to make another statement that public access is a condition of Tree Growth program enrollment. 

Yet despite COVID, a pulp digester explosion, and changing markets, the Maine forest economy remains resilient and a strong economic engine. I’m also optimistic that the majority of the legislators believe healthy forests and forest products are an important part of Maine’s economic, ecological and societal future. We look forward to working with them this session. 

[1] (The transport of goods or passengers between two places in the same country by a transport operator from another country.

By Mike St. Peter, CLP Executive Director

In these extraordinary times it was expected that new certification and recertification numbers would be down, although the CLP board and administration responded is to keep the CLP viable and maintained as a full-time program. We have continued to meet the requirements of industry certification systems, insurance company requirements, state, and federal government regulations, and most importantly the health and safety of the logging community.

Here are the outcomes and accomplishments that CLP program completed 2020:

• The Maine Department of Labor statistics for the most recent year, reports the incidence rate for occupational injuries and illnesses, for the logging sector is one half that of the national average.
• For the 16^th straight year, contractors in the CLP mechanical category will pay less for workers’ compensation rates. The CLP mechanical rate for new and renewal policies through April 2021 will be 49% less than non-certified workers. Maine’s rate for mechanical logging the lowest in the nation, saving the industry millions of dollars over
• The conventional logger workers compensation rate has continued to drop overall since 2008. It is currently 60% less than the rate was in 1993. Again, one of the lowest in the
• CLP continues to partner with Maine’s Sustainable Forest Initiative and Maine Forest Service to promote use of BMPs and sound forest management in In 2020 SFI has made a generous contribution to fund 100 additional onsite logging evaluations
• In calendar year 2020, 25 new individuals in three classes, and 225 loggers in 12 online recertification have participated in training, and education. In addition, we continue to complete performance-based worksite reviews, which provides the opportunity for one-on-one
• Maine Tree Foundation looks to expand the “value of certification” for loggers and will receive funding to partially pay for the cost of certification and recertification for the next three years. This is great news!

The CLP program is committed to logger education and to the promotion and recognition of those who meet and exceed the CLP standard. The past 30 years has had a positive effect. We can be assured maintaining consistency with safety, quality, and efficiency is changing our logging legacy for the better!

Logging practices continue to improve statewide. Loggers, landowners, and mills have all assumed benefits for these efforts.

University of Maine News

January 7, 2021 —The University of Maine Forest Bioproducts Research Institute (FBRI) will upgrade its Technology Research Center (TRC) in Old Town and Process Development Center (PDC) in Jenness Hall to bolster ongoing efforts to create new bioproducts, increase production and find uses for woody biomass materials typically considered waste.

The Defense Logistics Agency (DLA) awarded FBRI $4.8 million for its research in crafting renewable fuel, heating oil, chemicals, plastics and other goods from woody biomass at a large scale. Institute director Hemant Pendse says his team will invest about $2 million in processing technology infrastructure improvements for the off-campus TRC facility, as well as the on-campus PDC facility, with the balance supporting ongoing research.

Equipment added to TRC, located on the pulp mill site in Old Town, will help researchers process biochar, charcoal derived from the pyrolysis of wood, as well as pre-process biomass. Upgrades at PDC will boost nanocellulose production.

“It’s a significant upgrade in our pilot-scale infrastructure,” says Pendse, also a chemical engineering professor. “This significant investment will allow us to rapidly advance development in several major areas of ongoing research.”

New equipment at PDC will allow the production of nano-fibrillated cellulose starting with wood chips or sawdust particles. Currently, PDC produces nanocellulose from pulp, and the ability to make the substance from coarse wood particles will help divert lumber byproducts from the waste stream.

“Nanocellulose, liberated from wood, has unique properties that make it ideal for use in sustainable packaging and many other applications when looking for alternatives to fossil-fuel based chemicals,” says Colleen Walker, PDC director.

“This new equipment highlights UMaine’s position as being the heart of Nanocellulose Valley — the unrivaled center for nanocellulose innovation.”

The new tools also will help FBRI create a variety of organic acids from woody biomass such as sawdust, and assess the prospects for beneficial uses of biochar, which is typically viewed as a waste byproduct. Biochar has potential for application as a carbon-sequestering additive in both soil (to improve soil quality) and concrete (to improve strength and permeability).

An enhanced facility will help institute researchers simulate the commercial-scale production of a variety of biobased goods, particularly biomass-derived jet fuel and diesel. Amy Luce, TRC manager, says, “The updates will allow FBRI to streamline and integrate the processing between multiple pilot plants at the off-campus Technology Research Center and the Process Development Center on campus, collect data on the manufacturing technologies for different co-products, and study and tackle material handling issues. Students will be able to use these top-quality tools to advance their education in engineering, materials processing, process control and other related fields.”

The FBRI team expects to procure the equipment by mid-2021, and Pendse hopes to have a demonstration for the updated facility within the next two years. Pendse will serve as principal investigator for the initiative, while Luce and Walker will serve as co-principal investigators.

“To me, it’s exciting that we could do many things at the same time,” Pendse says about the multiple upgrades. “To make progress in this field, that’s what we need.”

The institute aims to demonstrate that forest-based products can be manufactured at a commercial scale to replace fossil-fuel derived counterparts and inspire the creation of a biorefinery in Maine. Other goals include supporting new revenue streams for pulp and paper and building product makers and providing options for repurposing brownfield sites.

FBRI is actively engaged with Maine’s forest industry stakeholders and is a key collaborator in Forest Opportunity Roadmap / Maine (FOR/Maine), a coalition focused on identifying new markets for Maine wood products and advancing technology innovations to commercialize new uses of wood. The institute’s work is supported by the Maine Economic Improvement Fund.

Several federal agencies have contributed a cumulative $48 million toward the research enterprise of the institute, including the NSF, Department of Energy, Department of Transportation and U.S. Department of Agriculture. The Defense Logistics Agency awarded an overall $22.9 million toward the institute over the years through its Energy Readiness program. FBRI has been working on multiple contracts for the agency, particularly involving the production of its TDO-derived, biobased jet fuel and oil.

“DLA has been a great supporter,” Pendse says. “It’s helped us over the last few years with a substantial infusion of investments that have really accelerated our ability to undertake the entire enterprise.”

Contact: Marcus Wolf, 207.581.3721; marcus.wolf@maine.edu

FOR/Maine Workforce Development Survey

I want to give you a heads-up that some members will be hearing soon from Dr. Ryan Wallace, Director, Maine Center for Business and Economic Research, Muskie School of Public Service, University of Southern Maine. You may remember him from his  excellent presentation at MFPC’s 2019 annual meeting on A Workforce Overview of the Forest Product Sector in Maine.

Dr. Wallace has been commissioned to interview our members about their work force needs as part of the Forest Opportunity Roadmap (FOR/Me) effort. Developing a strategic plan for workforce development is one of our highest priorities.

Results from Dr. Wallace’s survey will define the industry’s current and future workforce needs and identify the skills and credentials the state should include as it seeks to modernize Maine’s career training programs. We also want to understand what workers now and in the future are looking for as we build outreach programs designed to attract young people into forest and wood manufacturing professions. This information will be used to build a public communications program that will attract workers now and build aspirations for young people who are seeking career paths.

The interviews are voluntary and any information collected during the interview process will be kept confidential, but it’s really important to get pretty high participation rate. So I hope you will participate. We appreciate the investment of your time that your organization will make in the survey that will   help shape the future of Maine’s forest industry.

Governor’s Economic Recovery Committee (ERC)

In response to the COVID crisis Governor Mills created the ERC seeking guidance from policy  and business leaders on how to recover Maine’s economy and link these efforts back to the Maine Economic Development Strategy 2020-2029.  Steve Schley of Pingree Associates and a long-time MFPC Board member, was tapped to represent the industry.

A draft report was released Wednesday, and the final report is scheduled on Dec. 1, 2020, for recommendations on sustainability and growth that bridge the COVID-19 response to the state’s 10-year economic development strategy released in 2019. In the most recent draft, the recommendations are divided into two major sections of Grow Maine’s Economy and Sustain Maine’s People.  

Within the recommendations are important references to forestry’s role in diversifying the bioeconomy as illustrated by these draft quotes:

“Developing these focus areas and the opportunities afforded at their intersections will enable Maine to add significantly more value to its natural resources and reimagine and reposition its heritage industries to future growth.”

“Maine has an opportunity to advance industry-led, public-private initiatives that grow key innovation sectors, such as seafood and agricultural product processing, forest products, bioproducts and renewable energy, and agile manufacturing.”

 Steve’s successful efforts in representing our interests as a forestry community are greatly appreciated.

Governor’s Climate Change Council (CCC)

I’ve been participating as an appointed member of the CCC as this report is also nearing completion and presentation to the Governor for inclusion in her legislative agenda.  From the perspective of greatest opportunities to reduce fossil-based carbon emissions focus was centered on the transportation and home heating sectors and focused on solutions that highlight electric vehicles and heat pumps among many other ideas.

The  sequestration potential of our forests was also acknowledged. The CCC Technical Committee’s work on forest sequestration calculates that over 55 percent of the state’s emissions are offset by forest sequestration, with an additional 15 percent captured in durable forest products, which was calculated by University of Maine scientists. It looks like about 70 percent of Maine’s emissions are offset by sequestration in our forests, so our industry will play a prominent role going forward. Additional draft recommendations that are related to forestry include:

• By 2024, local biofuel and biodiesel production will increase  
• Develop and enhance innovation support, incentives, building codes, and marketing programs to increase the use of efficient and climate-friendly Maine forest products, including mass timber and wood fiber insulation.
• Launch an Industrial Task Force to collaboratively partner with industry and stakeholders to consider innovations and incentives to manage industrial emissions through 2030 and reduce total emissions by 2050.
• By 2030, increase the total acreage of conserved lands in the state to 30 percent through voluntary, focused purchases of land and working forest or farm conservation easements (staff will add estimate of additional acres to meet 30 percent of land area– number being fact checked).
• Grow Maine’s forest products industry, through bioproduct innovation, meeting goals for industry growth and sustainable forest management
• By 2023, the Maine DEP will conduct a comprehensive, state-wide inventory of carbon stocks on land and in coastal areas to provide baseline estimates for state carbon sequestration, allowing monitoring of sequestration over time to meet the state’s carbon neutrality goal
• By 2022, Maine will establish a stakeholder process to develop a voluntary, incentive-based forest carbon program (practice and/or inventory based) for woodland owners of 10 to 10,000 acres and forest practitioners
• By 2024, increase technical service provider capacity within the Department of Agriculture, Conservation and Forestry Maine Forest Service, Department of Inland Fisheries and Wildlife, and the Department of Marine Resources
• Develop and implement updated land use regulations, laws, and practices in order to enhance community resilience to flooding and other climate impacts by 2024. 

I think the industry is recognized as  an important player in climate change, But we’ll need to remind people that healthy actively managed forests require  markets, and policies that support our industry.

Maine’s 130^th Legislature will be sworn in on December 2 and is scheduled to convene Wednesday, January 6, for the first regular session, which normally would last through the third week in June. On Dec. 2., legislators also will vote on constitutional officers, including the secretary of state, attorney general, state treasurer and state auditor. Secretary of State Matt Dunlap is termed out, but it’s likely the other current officers will be reelected.

Democrats kept control of the Senate with 22 seats, while Republicans have 13. Democrats also retained control of the House, even though they lost 11 seats. They have 80, while Republicans have 67 and there are four unenrolled (aka independents). That means Democrats will determine the makeup of legislative committees.

Having said that, no one really knows what this legislative session will actually look like yet. With COVID cases surging, there’s a lot of speculation and rumors, but we likely won’t know the legislative process until the Legislative Council meets Dec. 3 to start making decisions on the upcoming session. I would expect the Legislative Council, Governor’s Office, and the Maine Center for Disease Control and Prevention will work together on plans for the session.

So let’s look at Senate and House leadership (see photo above). Senate President Troy Jackson, D-Aroostook, will be back, as will be Majority Leader Sen. Nate Libby, D-Androscoggin, and Assistant Majority leader Sen. Eloise Vitale, D-Sagadahoc. Republicans chose Jeff Timberlake, R-Androscoggin, as Minority Leader, and Matt Pouliot, R-Kennebec, as Assistant Minority Leader.

Ryan Fecteau, D-Biddeford, was elected Speaker of the House, while Rep. Michele Dunphy, D-Old Town, became Majority Leader and Rep. Rachel Talbot Ross, D-Portland. Assistant Majority Leader. House Republicans chose Kathleen Dillingham, R-Oxford, as Minority Leader and Joel Stetkis, R-Canaan, as Assistant Minority Leader.

Committee assignments will be announced later. But just looking through the key committees that we deal with, a lot of people are leaving, either because they chose not to run again, were termed out or lost in their reelection bid. At right, you can see the legislators we know will not be back.

Appropriations will need seven new members, including both chairs. That’s going to be significant because in the first regular session we always deal with the biennial budget, and the administration has made it quite clear there is a major shortfall. Judiciary needs four new members, including its Senate chair. Agriculture, Conservation and Forestry will need two new members.

As for our priorities this session, that will become clearer once we know more about how the Legislature will be set up. We do know that in the first regular session they will have to deal with the biennial budget and they will deal with other economic and COVID issues. We do know reports from the Economic Recovery Committee and the Climate Change Council will be delivered in early December for potential action.

Right now one of our top priorities is trying to get legislators, especially new ones, to know about MFPC and what we do. So we’ve sent out congratulatory letters from the council to all legislators and we’ll be working closely with leadership. We hope to participate in decisions that will be made with regards to committee assignments and public hearings. If they go to a Zoom platform that’s a greater opportunity to engage our membership, since they can participate from their homes or offices. We’ll continue to do our conference calls or perhaps Zoom meetings Friday mornings.

We also encourage our members to reach out to their own legislators, especially those who are new to the House or Senate. This is going to be very important for us because we can’t meet them in the State House this session. We’re really going to need a lot of support from the membership on the local level.

So if there’s a new legislator in your Senate or House districts and you have an opportunity to get to know him or her that would be incredibly beneficial. It’s really valuable to have that local connection.

This will be an ongoing discussion and we will keep members up to date on decisions the Legislature makes on how the session will be conducted. We also would be happy to answer any questions. We look forward to working closely with MFPC members in these uncertain times.

Governor’s office and state agencies

• Governor Mills Encourages Maine Small Businesses to Apply to Federal Paycheck Protection Program
• Details of Gov. Mills’ Executive Order, effective April 2
• Governor Mills Extends State’s Property Tax Exemption Deadline
• Governor Mills Requests Major Disaster Declaration from the Federal Government, April 1
• Ways Mainers Can Help Mainers During COVID-19 Pandemic
• Select Coastal State Parks Closed Due to Overcrowding
• Three Steps for Mainers to Follow Before Heading Outdoors

Maine Small Business Development Centers Webinars

• Survival Skills: Navigating Cash Flow During Crisis | RECORDING HERE
• Survival Skills: Marketing Through Crisis | RECORDING HERE
• Q&A Thursday with SBDC Business Advisors | RECORDING HERE

Business Loan Program Temporary Changes; Paycheck Protection Program

Affiliation rules applicable to U.S. SBA Paycheck Protection Program

SBA Paycheck Protection Program (PPP)

• Program Overview
• Who Can Apply
• How to Apply
• Loan Details and Forgiveness
• Other Assistance

COVID-19: Legal Update – Eaton Peabody

CISA_Guidance_on_the_Essential_Critical_Infrastructure_Workforce_Version_2.0_Updated

What You Should Know About the ADA, the Rehabilitation Act, and COVID-19

U.S. Department of Labor Q&A Guidance on Families First Coronavirus Response Act:

• Fact Sheet for Employees
• Fact Sheet for Employers
• Questions and Answers document – addresses critical questions, such as how an employer must count the number of their employees to determine coverage; how small businesses can obtain an exemption; how to count hours for part-time employees; and how to calculate the wages employees are entitled to under this law.