PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act Regarding Outcome-based Forestry and the Use of Glyphosate
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §8869, sub-§3-A, as amended by PL 2013, c. 542, §3, is further amended to read:
 
3-A. Plans for outcome-based forestry areas.   Practices applied on an area created pursuant to section 8003, subsection 3, paragraph Q must provide at least the equivalent forest and environmental protection as provided by existing rules and any applicable local regulations. At a minimum, tests of outcome-based forestry principles must address:
 
A. Soil productivity;
 
B. Water quality, wetlands and riparian zones;
 
C. Timber supply and quality;
 
D. Aesthetic impacts of timber harvesting;
 
E. Biological diversity;
 
F. Public accountability;
 
G. Economic considerations;
 
H. Social considerations; and
 
I. Forest health.
 
TheSubject to review by the joint standing committee of the Legislature having jurisdiction over forestry matters and subject to confirmation by the Legislature, the Governor shall appoint a panel of at least 6 technical experts to work with the director to implement, monitor and assess tests of outcome-based forestry principles. Members of the technical panel appointed under this subsection serve for a term of 3 years until their successors are duly appointed and qualified. The panel of technical experts must have expertise in all of the principles listed in paragraphs A to I. In order to participate in an outcome-based forestry project, the landowner, director and technical panel must develop agreed-upon desired outcomes for the outcome-based forestry area and develop a method for determining if the outcomes have been attained and a system for reporting results to the public. The technical panel shall assess whether the practices applied on the outcome-based forestry area provide at least the equivalent forest and environmental protection as provided by rules and regulations otherwise applicable to that outcome-based forestry area. The technical panel may not delegate this assessment to any other person, except that the technical panel may consider information provided by the bureau, the landowner or a 3rd-party forest certification program auditor.
Sec. 2. 12 MRSA §8869, sub-§3-B, ¶A, as enacted by PL 2013, c. 542, §4, is amended to read:
 
A. Beginning March 1, 2015 and annually thereafter, the director shall submit a report detailing the progress on each outcome-based forestry agreement under section 8003, subsection 3, paragraph Q. The report must include an assessment of the landowner's progress toward attaining the outcomes under subsection 3-A and, beginning with the report in 2021, a summary of reports on glyphosate use and any corresponding nonconformances as required under subsection 3-D. The report must be presented to the joint standing committee of the Legislature having jurisdiction over forestry matters at a public meeting no sooner than 30 days after submission of the report to the committee.
Sec. 3.  12 MRSA §8869, sub-§3-C  is enacted to read:
 
3-C.  Notification; use of glyphosate; outcome-based forestry projects.     At least 15 days prior to any use of glyphosate in an outcome-based forestry area designated under section 8003, subsection 3, paragraph Q, the landowner shall provide written notification of the intent to use glyphosate and the rationale with special consideration given to the principles of outcome-based forestry under subsection 3-A for the use of glyphosate to all members of the technical panel under subsection 3-A and the director. The written notification must include the date of intended glyphosate use except that the actual date of glyphosate use may be up to 7 days after the date on the written notification if the delay is due to inclement weather or other unforeseen circumstances.
Sec. 4.  12 MRSA §8869, sub-§3-D  is enacted to read:
 
3-D.  Report on use of glyphosate; outcome-based forestry projects.     Within 30 days of any use of glyphosate in an outcome-based forestry area designated under section 8003, subsection 3, paragraph Q, the landowner shall submit to all members of the technical panel under subsection 3-A and the director a report that includes the following:
 
A.  Pesticide application records as required by the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control rule relating to the use of glyphosate;
 
B.  An environmental and social risk assessment specific to the site on which glyphosate was applied;
 
C.  A description of control measures implemented for identified risks due to the use of glyphosate;
 
D.  A description of training and monitoring implemented to prevent, minimize and mitigate the effects of the use of glyphosate. Any training and monitoring under this paragraph must conform with the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control rule relating to the use of glyphosate;
 
E.  A description of the review processes for activities described in paragraphs C and D; and
 
F.  A comparative environmental and social risk assessment to demonstrate that an alternative to the use of glyphosate is not feasible.
 
For purposes of this subsection, "environmental and social risk assessment" means a process to predict, assess and review the probable or actual environmental and social effects of the use of glyphosate, evaluate alternatives and design appropriate mitigation, management and monitoring measures.
 
Upon receipt of the report under this subsection, the technical panel shall evaluate whether the landowner has adequately addressed the principles under subsection 3-A. If the technical panel determines that the landowner has not adequately addressed the principles under subsection 3-A, the panel shall report the nonconformance to the director. Upon receipt of the report, if the director finds a landowner is in violation of this subchapter, the director shall issue a written notice to the landowner describing the violation, the required corrective action to be taken, including, but not limited to, measures to repair damages to the environment or public health, and the date by which the corrective action must be completed. If the landowner fails to complete corrective actions by the date noted in the original notice or subsequent date specified by the director, the director may terminate, suspend or refuse to renew an outcome-based forestry agreement. If the director, upon receipt of the report, does not find that a landowner is in violation of this subchapter, the panel's report relating to nonconformance must be provided by the director to the joint standing committee of the Legislature having jurisdiction over forestry matters.
Sec. 5. Environmental risk advisory committee; glyphosate. The Department of Agriculture, Conservation and Forestry, Board of Pesticides Control shall establish an environmental risk advisory committee to assess the environmental risks associated with the use of glyphosate. The committee shall submit an interim report no later than March 1, 2021 and a final report no later than February 1, 2022 with findings and recommendations, including suggested legislation, to the joint standing committee of the Legislature having jurisdiction over forestry matters. Following receipt and review of the final report, the joint standing committee of the Legislature having jurisdiction over forestry matters may submit a bill concerning the subject matter of the report to the Second Regular Session of the 130th Legislature.
Sec. 6. Transition provision. Members of the panel of technical experts that work with the Director of the Maine Forest Service within the Department of Agriculture, Conservation and Forestry to implement, monitor and assess tests of outcome-based forestry principles in the Maine Revised Statutes, Title 12, section 8869, subsection 3-A serving immediately prior to the effective date of this Act continue to serve on the panel until their successors are appointed pursuant to Title 12, section 8869, subsection 3-A. The Governor, in making these appointments, shall, notwithstanding Title 12, section 8869, subsection 3-A, appoint members to terms of one, 2 and 3 years so that the terms of the members of the technical panel are staggered. The Governor shall make these appointments by January 1, 2023.
Sec. 7. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 12, section 8869, subsection 3-A and subsection 3-B, paragraph A and that enact Title 12, section 8869, subsections 3-C and 3-D take effect January 1, 2022.
 
SUMMARY
This bill is reported out by the Joint Standing Committee on Agriculture, Conservation and Forestry pursuant to Resolve 2019, chapter 84. The committee is reporting the bill out for the sole purpose of turning the proposal into a printed bill that can be referred to the committee for an appropriate public hearing and subsequent processing in the normal course. The committee has not taken a position on the substance of this bill and by reporting this bill out the committee is not suggesting and does not intend to suggest that it agrees or disagrees with any aspect of this bill.
Current law requires the Governor to appoint a panel of at least 6 technical experts to work with the Director of the Maine Forest Service within the Department of Agriculture, Conservation and Forestry to implement, monitor and assess tests of outcome-based forestry principles. The bill provides that the gubernatorial appointments are subject to review by the joint standing committee by the Legislature having jurisdiction over forestry matters and subject to confirmation by the Legislature.
The bill requires landowners to provide written notification at least 15 days prior to any use of glyphosate in an outcome-based forestry area to all members of the panel and the director and within 30 days of any use of glyphosate in an outcome-based forestry area to submit a report to all members of the panel and the director. Upon receipt of the report, the panel is required to evaluate whether the landowner has adequately addressed outcome-based forestry principles under the forest practices laws. If the panel determines the landowner has not adequately addressed the outcome-based forestry principles, the panel is required to report the nonconformance to the director. The effective date of these provisions is January 1, 2022.
The bill also requires the Board of Pesticides Control to establish an environmental risk advisory committee to evaluate the environmental risks associated with the use of glyphosate. The advisory committee is required to submit an interim report no later than March 1, 2021 and a final report no later than February 1, 2022 with findings and recommendations to the joint standing committee of the Legislature having jurisdiction over forestry matters. The joint standing committee of the Legislature having jurisdiction over forestry matters has the authority to submit a bill relating to the subject matter of the report during the Second Regular Session of the 130th Legislature.