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.
Inland Fisheries and Wildlife,LD 88 An Act To Amend Maine’s Wildlife Laws Regarding Species of Special Concern, Sponsor Rep. Lester Ordway, R- Standish. MFPC supports this legislation with required amendments. Support clarifying the definition but simultaneously need to define how the list is used in regulatory and permitting matters.
Tuesday, Feb. 2, 10 a.m.
Innovation, Development, Economic Advancement and Commerce,LD 105 An Act To Adopt the Department of Economic and Community Development’s 10-year Economic Development Strategy for Maine, Sponsor Sen. Donna Bailey, D-Saco. MFPC supports, particularly themes relating to the importance of the forest sector. Work session Tuesday, Feb. 11, 9:30 a.m.
Agriculture, Conservation & Forestry:
LD 90 An Act To Amend the Removal Process Applicable to the Position of State Supervisor of the Forest Protection Unit of the Bureau of Forestry, Sponsor Rep. Thomas Skolfield, R-Weld. MFPC supports.
LD 65 An Act To Invest in the Stewardship and Management of Properties Acquired with the Proceeds from the Land for Maine’s Future Fund or the Public Access to Maine Waters Fund, Sponsor Rep. Margaret O’Neill, D-Saco
Thursday, Feb. 4, 9 a.m.
Agriculture, Conservation & Forestry:
LD 34 Agriculture, Conservation & ForestryAn Act To Create the Maine Forestry Operations Cleanup and Response Fund, Sponsor Sen. James Dill, D-Penobscot. MFPC supports creation of the fund, but has language changes to ensure due process in the lien section of the bill.
LD 36 An Act To Amend the Definition of “Timber Harvesting, Sponsor Sen. James Dill, D-Penobscot. MFPC supports with clarification on definition that specifies tracking of only green wood products (i.e. not salvaged wood or ancient bark piles).
To watch a hearing, click here to choose the committee, then on the top right side of your screen, click on YouTube (audio and video) or Live Audio.
Coming up Feb. 8-12
Monday Feb. 8
Inland Fisheries & Wildlife, 9 a.m.:LD 142 An Act To Give the Commissioner of Inland Fisheries and Wildlife Rule-making Authority To Establish a Bear Season Framework and Bag Limits. Sponsor Rep. John Martin, D-Eagle Lake Eagle Lake.
Tuesday, Feb. 9
Agriculture, Conservation & Forestry, 9 a.m.: James May confirmation hearing to the Land Use Planning Commission. MFPC supports.
Health & Human Service, 10 a.m.:
LD 129 Resolve To Protect Consumers of Public Drinking Water by Establishing Maximum Contaminant Levels for Certain Substances and Contaminants. Sponsor Sen. Trey Stewart, R-Aroostook.
LD 164 An Act To Establish Maximum Contaminant Levels under the State’s Drinking Water Rules for Certain Perflouroalkyl and Polyflouroalkyl Substances. Sponsor Rep. Ralph Tucker, D-Brunswick.
Thursday, Feb. 11
Judiciary, 10 a.m.:LD 159 An Act To Extend Time Limits for Placing Land in Trust Status under the Maine Indian Claims Settlement. Sponsor Rep. Barbara Wood, D- Portland.
About MFPC
Since 1961, the Maine Forest Products Council has been the voice of Maine’s forest economy. MFPC’s members are landowners, loggers, truckers, paper mills, tree farmers, foresters, lumber processors and the owners of more than 8 million acres of commercial forestland, but they are also bankers, lawyers and insurance executives. The Council represents members at the Maine Legislature and across the state, in Washington D.C. and across the U.S.
More than 30 members joined in Friday morning as the MFPC Policy Committee convened for the first time (virtually on Zoom) to discuss the bills to be considered by the 130 Legislature. So I thought this would be a good time I’d briefly run through our procedures.
I check through all the bills — out of nearly 2000 proposed only 187 LDs have been printed as of today — and then flag the ones of interest to MFPC members. Office Manager Sue McCarthy places them in an Excel file and updates them as public hearings and work sessions are scheduled.
Then the Policy Committee, which includes lobbyist Michele MacLean and attorney Bill Ferdinand, discusses what positions MFPC should take. We are still researching these bills, but by next Friday’s update we’ll likely have decided whether we are for, against or just monitoring. Communication Director Roberta Scruggs and I will then start work on the Council’s testimony, which members help us refine.
Below you’ll find the first bills from out watch list that are scheduled for public hearings. Feel free to contact Roberta or me if you have comments, questions or simply share your opinions. Our contact information is below. If you want to submit testimony, we are happy to help in any way, including with research.
This session, which will almost entirely virtual, will be challenging, but we always know we can count on our members to work with us. As always, we appreciate all you do for the Council and for the forest products industry.
Agriculture, Conservation & Forestry Public Hearings
Tuesday, Feb. 2, 10 a.m.
LD 90 An Act To Amend the Removal Process Applicable to the Position of State Supervisor of the Forest Protection Unit of the Bureau of Forestry, Sponsor Rep. Thomas Skolfield, R-Weld. LD 65 An Act To Invest in the Stewardship and Management of Properties Acquired with the Proceeds from the Land for Maine’s Future Fund or the Public Access to Maine Waters Fund, Sponsor Rep. Margaret O’Neill, D-Saco
Thursday, Feb. 4, 9 a.m.
LD 36An Act To Amend the Definition of “Timber Harvesting, Sponsor Sen. James Dill, D-Penobscot. LD 34 Agriculture, Conservation & ForestryAn Act To Create the Maine Forestry Operations Cleanup and Response Fund, Sponsor Sen. James Dill, D-Penobscot.
Inland Fisheries and Wildlife Public Hearing
Monday Feb. 1, 9 a.m.
LD 88An Act To Amend Maine’s Wildlife Laws Regarding Species of Special Concern, Sponsor Rep. Lester Ordway, R- Standish.
Innovation, Development, Economic Advancement and Commerce
Tuesday, Feb. 2, 10 a.m.
LD 105 An Act To Adopt the Department of Economic and Community Development’s 10- year Economic Development Strategy for Maine, Sponsor Sen. Donna Bailey, D-Saco.
About MFPC
Since 1961, the Maine Forest Products Council has been the voice of Maine’s forest economy. MFPC’s members are landowners, loggers, truckers, paper mills, tree farmers, foresters, lumber processors and the owners of more than 8 million acres of commercial forestland, but they are also bankers, lawyers and insurance executives. The Council represents members at the Maine Legislature and across the state, in Washington D.C. and across the U.S.
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 130th 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.
As of Feb. 4, about 300 bills had become LDs (Legislative Documents). According to the Legislative Information Office, it will take several weeks before we will know the content of all the bills that will eventually come before legislative committees.
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.
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.
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.
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 16th 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.
The Synthetic Crude Oil Pilot Plant is designed for continuous production for 100 kilograms per day TDO oil. SynCOPP uses mixed-acids derived from sawdust processed in a companion Biomass to Bioproducts Pilot Plant at 1 ton per day feeding capacity. Photo by Amy Luce
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.
“It’s a significant upgrade in our pilot-scale infrastructure,” said Institute director Hemant Pendse. “This significant investment will allow us to rapidly advance development in several major areas of ongoing research.”
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.”
FBRI staff and a student discuss the 50-liter batch reactor for Thermal Deoxygenation (TDO) to produce synthetic crude oil, also called TDO OIl from mixed-acid salts. This was used to produce the first jet fuel samples by upgrading TDO OIl. Photo courtesy of UMaine’s Forest Bioproducts Research Institute
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).
Jamie Harsgreaves, SynCOPP manager, working on the paddle dryer. Photo by Chris Karlen.
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.”
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 reportwas 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 130th 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.
This information is from a group email from Patrick Rappold, Regional Wood Utilization Specialist, U.S. Forest Service, State & Private Forestry, Eastern Region, to State & Private Forestry partners about some grant funding opportunities related to expanding export markets. I only have experience with applying for and receiving funding through the USDA Federal-State Marketing Improvement Program (FSMIP). Unfortunately the application submission window for the FSMIP closed last month. The FSMIP is fairly competitive, so now might be a good time to start planning of the FY21 RFP cycle. I present this information as a potential tool to assist hardwood lumber manufacturers with diversifying their international markets. Contact: cell 414-477-9167, Patrick.Rappold@usda.gov.
USDA Quality Samples Program Notice of Funding Opportunity
Rural Maine businesses that are not eligible for USDA Farm Service Agency loans may be able to get funding under the Business and Industry CARES Act Program provisions, which were included in the Coronavirus Aid, Relief and Economic Security Act. Loans must be used as working capital to prevent, prepare for, or respond to the effects of the coronavirus pandemic. Learn more.
Gov. Janet Mills extended a state of civil emergency for the state of Maine for another 30 days on Tuesday, April 14, a move that enables Mills to retain her emergency powers to enact or relax prohibitions on social activities and commerce until May 15 in response to the coronavirus pandemic. Read more.
Pierce Atwood – COVID-19: Main Street Loan Facilities – If your business did not meet the size limitations of the Paycheck Protection Program (PPP) there are facilities being developed for larger businesses (although they are also available for firms with PPP loans). One of those programs is the Main Street Loan Facility. This program provides for unsecured terms loans in which the bank lender holds 5% and sells 95% of the loan to the Federal Reserve. Read more.
Gov. Mills Issues Executive Order Moving Primary Election to July 14th: The order, which is effective immediately, also allows applications for absentee ballots to be made in writing or in person, without specifying a reason, up to and including the day of the election. It also extends the deadline for qualifying contributions under the Maine Clean Election Act to May 19, 2020.
On March 13, the Federal Motor Carrier Safety Administration (FMCSA) released a waiver to the Hours of Service Rule for commercial vehicle drivers transporting materials related to the COVID-19 outbreak in all 50 states and the District of Columbia. This declaration exempted medical supplies and food products specifically, yet it was unclear how shipments of paper products and manufacturing inputs were considered. On March 18, the FMCSA revised and expanded the emergency declaration. The revised declaration is much more amenable to paper products and provides further clarity for the industry’s shipments. However, more clarity regarding whether pulp and paper-based packaging is included in the exemption is needed. AF&PA sent a letter to FMSCA requesting that pulp and paper-based packaging materials are explicitly included in the text of the declaration. More information at FMCSA.
FMCSA Hours of Service National Emergency Declaration
Is wood pulp covered under FMCSA’s waiver? According to AF&PA, wood pulp is covered if it is being used as a precursor to one of the essential items listed in the exemption as follows: (1) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; (2) supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants or (3) food, paper products and other groceries for emergency restocking of distribution centers or stores;
Does the declaration cover packaging for food — for example, produce containers? Yes, packaging is covered as a precursor necessary to the production and transportation of products covered under the emergency exemption, according to AF&PA.
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.
IRS Filing and Payment Relief Regulation and Guidance: In Notice 2020-18, the Treasury Department and the Internal Revenue Service (IRS) announced special Federal income tax return filing and payment relief in response to the ongoing Coronavirus Disease 2019 (COVID-19) emergency. Linked here are answers to frequently asked questions related to the relief provided in the Notice. These questions and answers will be updated periodically and are designed to be a flexible tool to communicate information to taxpayers and tax professionals in this changing environment.
EEOC Guidance on Worker Temperature Tests: On March 18, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance to clarify that employee temperature testing for COVID-19 at operating work sites at this time would not constitute a “medical examination” prohibited by the Americans With Disabilities Act (ADA). This guidance is responsive to a request AF&PA made to the Administration following up on member concerns. The guidance also addresses other workplace safety issues pertinent to facilities operating during the COVID-19 pandemic, such as how much information an employer may request from an employee who calls in sick, and whether an employer can require a sick employee to go home, require a doctor’s note to certify that an employee is fit to return to work, and screen job applicants for COVID-19. You can access the new EEOC guidance here.
Trade – Canada and Mexico: On March 18, President Trump and Canadian Prime Minister Trudeau agreed to close the border separating the two countries temporarily to non-essential travel. The restrictions do not apply to trade in goods. On March 20, the U.S. and Mexico likewise announced restrictions on non-essential travel beginning March 21.
USTR Section 301 China Tariffs: USTR issued a press release and a Federal Register notice (here) announcing that it is seeking comments on potential modifications to existing Section 301 China tariffs in line with COVID-19 pandemic. USTR’s release stresses that submissions, and consideration of those submissions, would be limited to products subject to the tariff actions and relevant to the medical response to the coronavirus.USTR’s notice indicates that any such changes would likely be in the form of modifications to existing tariff lists, as opposed to exclusions. That view is supported by explicit statements that these modifications would be separate from existing exclusions processes currently still running for List 3 and List 4A products. Comments should be submitted using the Federal eRulemaking Portal on Docket No. USTR-2020-0014. USTR is requesting that comments be submitted “promptly” but no later than June 25, 2020.
EPA Compliance Guidance: On Thursday, March 26, U.S. EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a temporary policy on how the Agency would use enforcement discretion to address noncompliance with environmental requirements that results from the COVID-19 pandemic. The guidance is retroactive to March 13. Key points include: — Duration: The policy is temporary but applies to actions/omissions that occur while it is in effect, even after the policy is terminated. Its scope will be reassessed on a regular basis, and EPA will provide at least seven days’ notice of its termination. — Conditions: Generally, if compliance is “not reasonably practicable,” facilities should minimize the effects and duration of noncompliance, and identify the nature and dates of noncompliance, how COVID-19 caused the noncompliance, steps taken to return to compliance, and document this. — Routine compliance monitoring and reporting: Specifically, if routine monitoring and reporting obligations — including compliance monitoring, integrity testing, sampling, laboratory analysis, training, and reporting or certification — is “not reasonably practicable” and “COVID-19 was the cause of the noncompliance” entities should maintain the requested documentation internally for possible later inspection by the state or EPA. EPA does not expect to seek penalties in situations where they agree that “COVID-19 was the cause of noncompliance and the entity provides the supporting documentation to the EPA upon request.” –Absent exigent circumstances, once the policy is no longer in effect, EPA does not plan to ask facilities to “catch-up” missed monitoring or reporting if it pertains to a requirement with intervals of less than three months. — For semi-annual or annual obligations, EPA expects entities to take reasonable measures to resume compliance activities as soon as possible and note the reason for the delay when submitting late information. — States: As many states and tribes run delegated environmental programs, the policy acknowledges they may take a different approach. — Settlement agreements: For EPA settlement agreements, OECA advises parties to use notice procedures that are set forth therein; EPA intends to treat routine monitoring and reporting obligations the same way as described above. However, for those consent decrees imposed by courts, the courts retain their own jurisdiction. — Exclusions: The guidance does not apply to criminal violations, Superfund and RCRA corrective actions, accidental releases, and imports.
WASHINGTON – The USDA Forest Service announced it is now accepting applications for approximately $10 million in funding through the 2021 Wood Innovations Grant and the 2021 Community Wood Energy and Wood Innovation Grant. These grants seek to support local economies through wood products and wood energy innovations while reducing hazardous fuels and improving forest health.
“Healthy and productive markets for wood products and wood energy are integral to supporting sustainable management and improving conditions of our nation’s forested lands,” said Forest Service Chief Vicki Christiansen. “We can enhance the health and resilience of public and private forests while fostering innovation and strengthening economic opportunities around wood products.”
“Healthy and productive markets for wood products and wood energy are integral to supporting sustainable management and improving conditions of our nation’s forested lands,” said Forest Service Chief Vicki Christiansen. “We can enhance the health and resilience of public and private forests while fostering innovation and strengthening economic opportunities around wood products.”
The Wood Innovations Grant program seeks to strengthen emerging markets for innovative wood products such as mass timber and cross-laminated timber. Eligible projects would increase wood products manufacturing capacity, strengthen markets that support forest ecosystem restoration and develop commercial facilities for wood biomass and wood products, among others. The application for 2021 Wood Innovations Grants closes January 20, 2021.
The Community Wood Energy and Wood Innovation Grant program aims to support forest health by expanding renewable wood energy use and innovative manufacturing for wood products. The grant helps to fund the costs of installing wood energy systems or building innovative wood product facilities. In 2020 the program supported projects in seven rural communities in five states.
The application for the 2021 Community Wood Energy and Wood Innovation Grant program closes Wednesday, February 3, 2021. More info