Bring balance to Maine s chemical legislation Keep kids safe AND protect Maine jobs!

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1 March 24, 2011 PUBLIC HEARING ON LD 1129 An Act To Provide the Department of Environmental Protection with Regulatory Flexibility Regarding the Listing of Priority Chemicals (Sponsor: Rep. James Hamper) Tues., March 29 w 1:30 p.m. w Room 216, Cross Office Building Bring balance to Maine s chemical legislation Keep kids safe AND protect Maine jobs! Three years ago, the Maine Legislature passed a sweeping law entitled An Act to Protect Children s Health and the Environment from Toxic Chemicals in Toys and Children s Products. The Maine State Chamber supports the goal of the law, but at the time, we opposed the bill because it was so broadly written that we felt there may be unintended consequences. After three years of implementation, there are indeed some issues that need to be addressed to make the law more workable, so that it accomplishes its intent of protecting children from toxic chemicals. We all agree for the need to protect children from toxic chemicals in children s toys and products, but this law is unlike virtually any in the country because it is written so broadly that it goes way beyond children s toys and products. In fact, the definition of children s product in the law encompasses any item sold for residential or commercial use, including component parts and packaging. This law is so sweeping that virtually all consumer products come within jurisdiction of the law, which is a much different story than was told three years ago when the bill was passed. The current law also authorized the Maine DEP to establish a list of chemicals of high concern. Maine DEP established this list in It is approximately 1,750 chemicals long. These chemicals may be potentially banned under the existing law impacting the sale, distribution and manufacture of products or services in this state. Maine needs to position itself to emerge from this recession ready to strengthen existing businesses, to help them to expand, invest and create new jobs and to make Maine attractive for new businesses to locate and invest in Maine. With the list of 1,751 chemicals of high concern hanging overhead, why would any business make an investment or take a risk here not knowing Continued on Page 4... CONTACT THE JOINT STANDING COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES: COMMITTEE CHAIRS: Sen. Thomas B. Saviello (R-Franklin) Rep. James M. Hamper (R-Oxford) COMMITTEE MEMBERS: Sen. Roger L. Sherman (R-Aroostook) Sen. Seth A. Goodall (D-Sagadahoc) Rep. Bernard L. A. Ayotte (R-Caswell) Rep. Jane S. Knapp (R-Gorham) Rep. Joan M. Nass (R-Acton) Rep. Ricky D. Long (R-Sherman) Rep. James W. Parker (R-Veazie) Rep. Robert S. Duchesne (D-Hudson) Rep. Melissa Walsh Innes (D-Yarmouth) Rep. Joan W. Welsh (D-Rockport) Rep. Denise Patricia Harlow (D-Portland) HOUSE: 2 State House Station Augusta, Maine (207) or (800) SENATE: 3 State House Station Augusta, Maine (207) or (800) S: addresses for committee members can be found online at LIVE AUDIO: natural_res_cmte.html

2 Maine State Chamber launches small business initiative Comprehensive web portal provides resources for Maine s entrepreneurs Inside Impact... Business Day p. 3 LD 1129 Public Hearing.... p. 1 Maine Corner Store p. 2 New Legislation p. 5 Public Hearings p. 4 Vol. 45, No. 09 Impact (207) Impact (ISSN ) is published weekly January through June and monthly July through December by the Maine State Chamber of Commerce, 125 Community Dr., Suite 101, Augusta, Maine Periodicals postage paid at Augusta, Maine, and additional mailing offices. Maine State Chamber member companies are assessed $75.00 yearly for each newsletter subscription (subscribers or out-of-dues assessement). POSTMASTER: Please send any address changes to Impact, 125 Community Dr., Suite 101, Augusta, Maine Chairman of the Board of Directors: Stephen Culver President: Dana F. Connors Information in this newsletter is intended to provide guidance, not legal advice. Since exact language and definitions of key terms are critical to understanding the requirements of legislation, rules or laws, we encourage you to read each carefully. Articles and information contained in this newsletter may be reprinted with attribution given to: Maine State Chamber of Commerce. Please address comments to Melanie Baillargeon, director of communications. Information about the Maine State Chamber of Commerce may also be viewed on the Internet at: Our address is news@mainechamber.org. About the Maine State Chamber of Commerce: Since 1889, the Maine State Chamber has been fighting to lower your cost of doing business. Through our Grassroots Action Network and OneVoice program, we work with a network of approximately 5,000 companies statewide who see the value in such a service and provide the financial support that keeps our access, advocacy, and assistance efforts going strong. As Maine's Chamber, we make sure that the business environment of the state continues to thrive. The Maine State Chamber of Commerce advocates on behalf of their interests before the legislature and regulatory agencies and through conferences, seminars, and affiliated programs. On Monday, March 21, 2011, the Maine State Chamber launched an innovative and unique website targeted to serve the specialized needs of Maine s small business community. The Maine Corner Store portal, located at provides a gathering place reminiscent of local corner stores, albeit in a modern medium. Maine s smallest businesses and entrepreneurs are now able to access timely information and discuss applicable topics tailored specifically to their unique needs. The contribution of these businesses to our state is the foundation of our economy, said Dana Connors, president of the Maine State Chamber of Commerce. The creation of the Maine Corner Store also recognizes the unique challenges entrepreneurs and micro-businesses face each day. Small companies do business far beyond their hometown or Maine boundaries. They are affected by laws, rules, regulations, and trends from Augusta, Washington, and beyond. For the first time, the Maine Corner Store brings a common-sense perspective on some of these critical issues in an online venue. The key departments found at are: Ÿ Policy Blogs by the Maine State Chamber s advocacy team of experts, and what they are doing to represent small business interests at the Statehouse; Ÿ Ÿ HR Blogs by representatives from the Maine State Council of the Society for Human Resource Management (SHRM), which works to advance HR professionalism and serve its practitioners through seven chapters statewide and the Diversity Hiring Coalition; Profiles of small business case studies, as well as the programs and services of the Maine State Chamber of Commerce; Ÿ Ÿ Links to Partners and Resources designed to assist and promote the interests of small businesses; and, A Member Forum where you can swap stories, share tips, and ask questions of your fellow entrepreneurs. I really can t tell you how excited we are to be launching this effort to assist small businesses here in Maine, said Connors. We invite small businesses from all over Maine to gather at to learn from each other, talk with business experts, and find ways to overcome and become educated on the legislative policies issues that should concern you, Connors continued. Our site allows Maine s small business community to access information and to network in a format that is easy and convenient to the time and staff demands that operating a small business presents. It is an exciting endeavor, and the Maine State Chamber is pleased to be able to provide it free of charge. The Maine State Chamber of Commerce represents a diverse network of 5,000 businesses statewide and advocates on behalf of their interests before the Legislature and regulatory agencies and through conferences, seminars, and affiliated programs. Through its OneVoice program, the Maine State Chamber represents thousands of businesses with fewer than 10 employees. Its Grassroots Action Network works to involve members and their employees in the legislative process through outreach campaigns. For more information about the Maine Corner Store, please contact Melanie Baillargeon, director of communications, by calling (207) , ext. 20, or ing melanieb@mainechamber.org. 2 III Impact III 03/24/2011 For the most current information, visit

3 Business Day at the Statehouse w Tuesday, March 29 w 8:00 a.m. to 12:00 p.m. w Statehouse Hall of Flags w The purpose of this event is to emphasize the importance of preserving and retaining our existing jobs, strengthening our economy through the creation of new opportunities, and keeping Maine businesses competitive in this very fragile economy. As we all know, businesses today are struggling and thousands of Maine people are out of work. Business Day at the Statehouse is a prime opportunity for businesses to connect with Maine legislators and tell them first-hand the struggles they are facing in an effort to improve Maine s economy. Given all of the business issues before the Maine Legislature, Maine s business community needs to have a great turnout. We believe it is very important to have as many people on-hand as possible! Please encourage your employees to attend as well. Please contact Linda Caprara, director of grassroots advocacy, by calling (207) , ext. 16, or by ing lcaprara@mainechamber.org to let her know if you can attend, and how many people you will be bringing. With your participation, the Voice of Maine Business will resonate throughout Augusta! Business Day at the Statehouse 2011 Schedule of Events 7:30 a.m. Exhibit Booth Setup 8:00 a.m. Meet & Greet with Legislators A Chance to Talk About Issues of Importance to You 9:30 a.m. Guest Speakers: Legislative Leadership Senate President Kevin Raye Speaker of the House Robert Nutting Senate Democratic Leader Barry Hobbins House Democratic Leader Emily Cain 10:15 a.m. Guest Speakers: Members of the Governor s Cabinet Patty Aho, Deputy Commissioner of the Department of Environmental Protection David Bernhardt, Commissioner of Transportation Philip Congdon, Commissioner of Economic & Community Development 11:00 a.m. Continue Discussions with Legislators Adjourn at Noon For the most current information, visit Thank you to our Generous Sponsors: Allied Engineering, Inc. Anthem Blue Cross and Blue Shield in Maine Bangor Hydro Electric Company Bank of America Central Maine Power Company FairPoint Communications First Wind Energy, LLC General Dynamics Bath Iron Works IDEXX Laboratories Maine Manufacturing Extension Partnership Maine State DECD Manpower Maritimes & Northeast Pipeline Martin's Point Health Care National Semiconductor Corporation New Balance Nickerson & O'Day, Inc. Old Town Fuel & Fiber People's United Bank Poland Spring Water Company Procter & Gamble-Tambrands Sunday River Resort and Conference Center The Senator Inn and Spa Verizon Wireless Verrill Dana, LLP 03/24/2011 III Impact III 3

4 LD 1129 Chemicals... (Continued from Page 1...) when or if the chemical they use in their product(s) can be banned next? Maine already ranks at the bottom of nearly every business survey when it comes to business attractiveness and being business friendly. This is NOT where Maine should be as our state struggles to climb out of our economic downturn. This uncertainty will lead companies to think twice before making a critical investment to expand their business, or even to locate to Maine. Bottom line: That uncertainty translates into jobs or more precisely, lost jobs and opportunities for Maine people. If not corrected, current law will have serious implications on Maine s ability to attract new investment, new business to the state, and will have a chilling effect on existing businesses ability to retain and create Maine jobs. We need to put Maine people back to work. Maine s unemployment rate is already high at 7.5%. Maine needs to position itself to come out of this recession ready to strengthen existing businesses to help them to expand, invest and create new jobs, and to make Maine attractive for new businesses to locate and invest in Maine. The Maine State Chamber of Commerce is seeking to bring balance to our chemical regulating legislation a balance that keeps our kids safe AND protects Maine jobs. LD 1129 corrects the sweeping law passed three years ago, that was initially purported to be about kids, but instead empowered the Maine Department of Environmental Protection to potentially ban a vast array of consumer products for sale in Maine today. LD 1129 DOES NOT REPEAL the current law, but rather narrows its scope to the original intent by protecting children under 12 from exposure to potentially harmful chemicals a goal we all support. Please support bringing balance to chemical legislation at the public hearing on Tuesday, March 29 at 1:30 p.m. before the Joint Standing Committee on Environment and Natural Resources in Room 216 of the Cross State Office Building. Public Hearings Public hearings are open to everyone. This public hearing schedule is subject to change. Questions may be directed to the Secretary of the Senate s Office at (207) For the most current schedule, please visit or contact the committee clerk. MONDAY, MARCH 28, 2011 Regulatory Fairness and Reform 10:00 a.m., Room 220, Cross Building LD 730 (SP 220) An Act To Streamline the Issuance of State Business Licenses (Sponsor: Sen. THOMAS of Somerset) Taxation 1:00 p.m., Room 127, Statehouse LD 423 (SP 127) An Act To Eliminate Maine s Estate Tax (Sponsor: Sen. WOOD- BURY of Cumberland) TUESDAY, MARCH 29, 2011 Dirigo Health Nominations 1:00 p.m., Room 220, Cross Building (SC 122) Governor nominated: Robert A. Harmon of Raymond for appointment to the Board of Trustees of Dirigo Health (SC 123) Governor nominated: Douglas S. Carr of Yarmouth for appointment to the Board of Trustees of Dirigo Health Energy, Utilities and Technology 1:00 p.m., Room 211, Cross Building LD 1091 (SP 324) An Act To Expand the Availability of Natural Gas to the Citizens of Maine (Sponsor: Sen. KATZ of Kennebec) Environment and Natural Resources 1:30 p.m., Room 216, Cross Building LD 1129 (HP 841) An Act To Provide the Department of Environmental Protection with Regulatory Flexibility Regarding the Listing of Priority Chemicals (Sponsor: Rep. HAM- PER of Oxford) LD 1185 (SP 360) An Act To Amend the Process for Prioritizing Toxic Chemicals in Children s Products (Sponsor: Sen. GOODALL of Sagadahoc) Taxation 1:00 p.m., Room 127, Statehouse LD 868 (SP 272) An Act To Reform Maine Revenue Services Procedures (Sponsor: Sen. TRAHAN of Lincoln) LD 9 (SP 24) An Act To Reduce Income Tax to 4.5% and Remove Low-income Families from Taxation (Sponsor: Sen. COURTNEY of York) LD 695 (HP 524) An Act To Reduce Taxes and Promote Employment (Sponsor: Rep. FLEMINGS of Bar Harbor) LD 705 (HP 536) An Act To Reduce the Income Tax for Low-income Families (Sponsor: Rep. CHIPMAN of Portland) LD 707 (HP 538) An Act To Increase the State Earned Income Credit (Sponsor: Rep. STUCKEY of Portland) LD 836 (HP 633) An Act To Repeal the Alternative Minimum Tax (Sponsor: Rep. KNIGHT of Livermore Falls) LD 849 (SP 252) An Act To Provide Tax Relief for Maine s Citizens by Reducing Income Taxes (Sponsor: Sen. TRAHAN of Lincoln) WEDNESDAY, MARCH 30, 2011 Energy, Utilities and Technology 1:00 p.m., Room 211, Cross Building LD 923 (HP 683) An Act To Prevent Conflict of Interest in Efficiency Maine Audits (Sponsor: Rep. STEVENS of Bangor) LD 1112 (HP 824) An Act To Improve Maine s Renewable Energy Portfolio Standard (Sponsor: Rep. CORNELL du HOUX of Brunswick) Environment and Natural Resources 1:00 p.m., Room 216, Cross Building LD 159 (SP 52) An Act To Foster Economic Development by Improving Administration of the Laws Governing Site Location of Development and Storm Water Management (Sponsor: Sen. SAVIELLO of Franklin) LD 1015 (HP 751) An Act To Reduce Unnecessary Reporting Requirements for the Department of Environmental Protection (Sponsor: Rep. DUCHESNE of Hudson) Insurance and Financial Services 1:00 p.m., Room 220, Cross Building LD 892 (SP 280) An Act To Establish an Insurance Fraud Division within the Department of Professional and Financial Regulation, Bureau of Insurance (Sponsor: Sen. SULLIVAN of York) THURSDAY, MARCH 31, 2011 Judiciary 1:00 p.m., Room 438, Statehouse LD 983 (HP 727) An Act To Amend the Maine Limited Liability Company Act (Sponsor: Rep. PRIEST of Brunswick) Labor, Commerce, Research and Economic Development 1:00 p.m., Room 208, Cross Building LD 584 (SP 176) An Act To Appropriate Funds for the Maine Downtown Center (Sponsor: Sen. MARTIN of Kennebec) Continued on Page III Impact III 03/24/2011 For the most current information, visit

5 Digest of New Legislation Maine Chamber staff have studied each of these recently printed bills to assess potential impact on business trends. If you have concerns regarding any bill, please communicate those concerns to a member of our governmental services staff at (207) A total of 258 business-related bills have been tracked to date on your behalf this session! BOND ISSUES LD 1187, An Act To Authorize a General Fund Bond Issue To Revitalize Maine s Downtowns through Innovative Business Development and the Creative Economy. (Sen. Sullivan, D-York) Joint Standing Committee on Appropriations and Financial Affairs. The funds provided by this bond issue, in the amount of $5,000,000, will be used as seed money to capitalize the Downtown Revitalization Fund, a revolving loan and grant fund to encourage business development in downtown areas, targeting innovative businesses, light manufacturing, trades and small businesses and space for artists and artisans. The Downtown Revitalization Fund is administered by a board consisting of public and private members. BUSINESS REGULATION LD 1253, An Act To Amend the Laws Governing the Enforcement of Statewide Uniform Building Codes. (Sen. Saviello, R- Franklin) Joint Standing Committee on Labor, Commerce, Research, and Economic Development. This bill makes several changes to the laws governing the adoption, enforcement and implementation of the Maine Uniform Building and Energy Code. ECONOMIC DEVELOPMENT LD 1171, An Act To Amend the Pine Tree Development Zone Laws To Provide a Better Measurement of Per Capita Income. (Rep. Shaw, D-Standish) Emergency Joint Standing Committee on Labor, Commerce, Research, and Economic Development. This bill permits the income calculations that define qualified employees under the Pine Tree Development Zone program to be based on the income average of neighboring counties for a business located near the county borders. ENVIRONMENTAL LD 1185, An Act To Amend the Process for Prioritizing Toxic Chemicals in Children s Products. (Sen. Goodall, D-Sagadahoc) Joint Standing Committee on Natural Resources. The bill amends the law to require the Commissioner of Environmental Protection by January 1, 2012 to establish a list of chemicals that are candidates for designation as a priority chemical based on similar listings of other authoritative agencies or demonstrated potential to exposure children to that chemical from its use in children s products. Under the bill, the candidate list is a subset of the list of chemicals of high concern, which is already established under existing law. The bill further requires that, after January 1, 2012, a chemical may be designated as a priority chemical only if it is included on the candidate list and requires that at least 2 additional priority chemicals be designated by January 1, LD 1255, Resolve, To Study Initiatives To Increase Recycling in Maine. (Sen. Hastings, R-Oxford) Joint Standing Committee on Natural Resources. This resolve directs the Executive Department, State Planning Office to convene a stakeholder group to analyze the beverage container recycling program in the State in the context of the State s municipal solid waste recycling program and to report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters by January 15, LD 1278, An Act To Stabilize Solid Waste Management Funding. (Rep. Duchense, D- Hudson) Joint Standing Committee on Natural Resources. This bill creates a 3rd subsidiary account in the Maine Solid Waste Management Fund for the purpose of purchasing additional landfill disposal capacity. The bill imposes fees on the disposal of construction and demolition debris and construction and demolition debris processing residue and imposes higher fees on certain wastes that are disposed of at a landfill granted a license to expand after October 15, The bill also provides that a disposal fee may not be imposed on construction and demolition debris and construction and demolition debris processing residue that is disposed of at a municipal, regional association or generator-owned landfill. HEALTH CARE LD 1030, An Act To Reduce Costs for Small Businesses. (Rep. Eves, D-North Berwick) Joint Standing Committee on Labor, Commerce, Research, and Economic Development. A concept draft, this bill proposes to establish subsidies, tax credits and other initiatives designed to lower the employer and employee costs of health insurance provided through small business owners to their employees. The bill would dedicate fees currently assessed on health insurers for funding affordable health care coverage to eligible small employers to fund the subsidies, tax credits and other initiatives proposed in the bill. LD 1162, An Act To Allow Members of Professional Associations To Purchase Health Insurance across State Lines. (Rep. Volk, R- Scarborough) Joint Standing Committee on Insurance and Financial Services. This bill enhances the availability of association group health plans issued in another state by remov- For the most current information, visit ing the current restrictions on coverage. LD 1179, An Act To Require Advance Review and Approval of Certain Small Group Health Insurance Rate Increases and To Implement the Requirements of the Federal Patient Protection and Affordable Care Act. (Rep. Goode, D-Bangor) Joint Standing Committee on Insurance and Financial Services. The first part of this bill required that if a filing proposes an increase in rates in a small group health plan, the Superintendent of Insurance shall hold a hearing on the proposed rate increase at the request of the Attorney General. This process is crrently required in the individual market rate filings. It also makes it clear that in any hearings the burden of proving proposed rates are not excessive, inadequate or unfairly discriminatory is on the insurer. The bill also repeals the optional rate review process that permits small group health insurers that meet a minimum 78% medical loss ratio to file rates with the Bureau of Insurance for informational purposes. The second portion of the bill amends the Maine Insurance Code to conform to the requirements of the federal Patient Protection and Affordable Care Act. LD 1200, An Act To Authorize the Health Care Choice Compact To Permit the Purchase of Health Insurance from New Hampshire. (Rep. McKane, R-Newcastle) Joint Standing Committee on Insurance and Financial Services. This bill authorizes the Health Care Choice Compact with New Hampshire pursuant to the federal Patient Protection and Affordable Care Act to allow insurers and health maintenance organizations authorized to transact individual health insurance in New Hampshire to offer their individual health plans for sale in this State. The bill requires New Hampshire insurers and health maintenance organizations to meet certain requirements of Maine law, including requirements for rating, provider network adequacy, disclosure, reporting and grievance procedures. Individual health insurance policies, contracts and certificates may not be offered for sale pursuant to the compact before January 1, LD 1215, An Act To Require Health Insurers To Provide Coverage for Nutritional Wellness and Illness Prevention Measures and Products. (Rep. Boland, D-Sanford) Joint Standing Committee on Insurance and Financial Services. A mandate, this bill requires that health insurance policies provide coverage for nutritional wellness and illness Continued on Page /24/2011 III Impact III 5

6 Public Hearings... (Continued from Page 4...) LD 947 (SP 293) An Act To Encourage Professionals To Move to the State (Sponsor: Sen. MASON of Androscoggin) FRIDAY, APRIL 1, 2011 Environment and Natural Resources 9:30 a.m., Room 216, Cross Building LD 156 (SP 49) An Act To Clarify the Regulation of Impacts to Significant Vernal Pool Habitats under the Natural Resources Protection Act (Sponsor: Sen. RECTOR of Knox) LD 341 (SP 103) An Act To Exempt Artificial Wetlands and Artificial Significant Vernal Pool Habitats from State Regulation (Sen. THOMAS of Somerset) LD 872 (SP 276) An Act To Clarify the Natural Resources Protection Act (Sponsor: Sen. COLLINS of York) LD 1031 (HP 765) An Act To Amend the Laws Governing Significant Wildlife Habitat (Sponsor: Rep. AYOTTE of Caswell) Taxation 1:00 p.m., Room 127, Statehouse LD 476 (HP 369) An Act To Create a Sales Tax Holiday for Energy-efficient Appliances and Fixtures (Sponsor: Rep. EDGECOMB of Caribou) MONDAY, APRIL 4, 2011 Energy, Utilities and Technology 10:00 a.m., Room 211, Cross Building SC 157 Governor nominated: Thomas L. Welch of Hancock for appointment as a Commissioner to the Public Utilities Commission 11:00 a.m., Room 211, Cross Building LD 553 (HP 436), An Act To Reduce Maine s Dependence on Oil (Sponsor: Rep. FITTS of Pittsfield) TUESDAY, APRIL 5, 2011 Energy, Utilities and Technology 1:00 p.m., Room 211, Cross Building LD 1158 (HP 856), An Act To Change the Regulation of Liquefied Petroleum Gas Distribution Facilities (Sponsor: Rep. FITTS of Pittsfield) Health and Human Services 1:00 p.m., Room 209, Cross Building LD 654 (HP 484) An Act To Amend the Occupational Disease Reporting Laws (Sponsor: Rep. SANBORN of Gorham) New Legislation... (Continued from Page 5...) prevention measures that are shown to be beneficial to the enrollee and are recommended by the enrollee s physician. The bill applies to all individual and group policies issued or renewed on or after January 1, LD 1222, An Act To Promote Fairness in Negotiations between Health Insurance Carriers and Health Care Service Providers. (Rep. Treat, D-Hallowell) Joint Standing Committee on Insurance and Financial Services. This bill prohibits the inclusion of socalled most favored nation clauses in the participation agreements between health insurance carriers and health care service providers. LD 1229, An Act To Require Health Insurance Coverage for Hearing Aids for Adults. (Rep. Webster, D-Freeport) Joint Standing Committee on Insurance and Financial Services. A mandate, this bill requires health insurance coverage of hearing aids for persons over 18 years of age. LD 1239, An Act To Further Expand Access to Oral Health Care by Requiring Insurance Coverage for Services Performed by Denturists. (Rep. Shaw, D-Standish) Joint Standing Committee on Insurance and Financial Services. A mandate, this bill requires dental insurers and health insurers and health maintenance organizations that include coverage for dental services in their policies and contracts to provide coverage for dental services performed by a denturist if those services would be covered under the policy or contract and those services are within the lawful scope of practice of the denturist. The bill applies to all individual and group policies and contracts issued or renewed on or after January 1, LABOR LD 1207, An Act To Amend the Labor Laws Relating to Certain Agricultural Employees. (Rep. Crafts, R-Lisbon) Joint Standing Committee on Labor, Commerce, Research, and Economic Development. This bill removes the provision that requires that individuals employed for or at an egg processing facility that has over 300,000 laying birds be paid overtime. It also repeals the laws that govern labor relations between agricultural workers and an agricultural employer that operates an egg processing facility that has over 500,000 laying birds and that employs more than 100 agricultural employees. LD 1238, An Act To Establish the Maine Back to Work Program. (Rep. Bickford, R- Auburn) Joint Standing Committee on Labor, Commerce, Research, and Economic Development. This bill establishes the Maine Back to Work Program within the Department of Labor, Bureau of Unemployment Compensation to allow an eligible participant who is receiving unemployment insurance benefits pursuant to the Employment Security Law to receive workplace training from an eligible employer. The bill stipulates that the program must be consistent with, and eligible participants afforded the protections provided by, all applicable antidiscrimination statutes, as well as makes it clear that persons receiving unemployment benefits continue to receive those benefits while participating in the program. LD 1241, An Act To Remove the Requirement That Employers Offer Substance Abuse Services to Employees Who Fail Drug Tests. (Rep. Bickford, R-Auburn) Joint Standing Committee on Labor, Commerce, Research, and Economic Development. This bill removes the requirement that an employer must provide an opportunity to participate in a substance abuse rehabilitation program to an employee after the employee has received a confirmed positive result on a substance abuse test. The bill also requires that an employer that requires, requests or suggests that employees submit to substance abuse testing on a random or arbitrary basis must also require, request or suggest that supervisory personnel submit to the same type of testing. In addition, the bill allows an employer to require, request or suggest an employee submit to substance abuse testing if the employee causes a work related accident that results in property damage, personal injury or loss of life or a citation or summons being issued to the employee by a law enforcement officer. LD 1257, An Act Regarding Labor Contracts for Public Works Projects. (Sen. Plowman, R- Penobscot) Joint Standing Committee on State and Local Government. This bill provides that the plans, specifications and contract documents for a public works project may not require bidders, contractors or subcontractors to enter into or comply with certain agreements with labor organizations. The bill also provides a cause of action to challenge the awarding of a contract that violates these provisions. MISCELLANEOUS LD 1232, An Act To Enhance Self-defense by Removing Restrictions on the Carrying and Use of Weapons. (Rep. Libby, R-Waterboro) Joint Standing Committee on Criminal Justice and Public Safety. This bill makes a number of changes reagrding the carring of conceled weapons. First it removes the prohibition on having a loaded firearm or crossbow in a motor vehicle for a person other than a holder of a concealed weapons permit; second it provides the exception that a person may shoot from a motor vehicle or motorboat in the defense of life and property; third it removes the prohibition on concealing a dangerous weapon except by a holder of a concealed weapons permit; and lastly it removes exceptions to the law prohibiting the carrying of a concealed dangerous weapon. Continued on Page III Impact III 03/24/2011 For the most current information, visit

7 New Legislation... (Continued from Page 6...) LD 1233, An Act To Prohibit Enforcement by a Federal or State Official of the Federal Patient Protection and Affordable Care Act. (Rep. Libby, R-Waterboro) Joint Standing Committee on Insurance and Financial Services. This bill expresses the findings of the Legislature that the federal Patient Protection and Affordable Care Act is unconstitutional, and therefore unenforceable in Maine. It further prohibits a federal or state official, agent or employee from enforcing the federal Patient Protection and Affordable Care Act, or any other statute, law, rule, regulation or order made in connection with that Act. There is a penalties section as well. Opportunity Tax Credit. (Rep. Knight, R- Livermore Falls) Joint Standing Committee on Taxation. Current law limits the credit to those who receive a degree from Maine higher educational institution. This bill broadens the program to include higher educational institutions outside of Maine as well. LD 1205, An Act To Provide Economic Incentives to Businesses for the Collection of Sales Taxes. (Rep. McClellan, R-Raymond) Joint Standing Committee on Taxation. This legislation allows registered retailers to retain 1% of the sales taxes they collect as reimbursement for the expenses they incur in the collection of those taxes. LD 1213, An Act To Provide Funding for a Convention Center or Civic Center in Cumberland County. (Rep. Plummer, R- Windham) Joint Standing Committee on Taxation. This is a concept draft aimed at finding a funding source, including a local option tax, for the construction or renovation of a convention or civic center in Cumberland. LD 1216, An Act To Impose an Excise Tax on the Extraction of Water for Bottling. (Rep. Bolan, D-Sanford) Joint Standing Committee on Taxation. This bill creates an excise tax of 1 per gallon on the extraction of surface water or groundwater from springs or other underground sources by a bottled water operator who packages water for sale in containers of 5 gallons or less and who extracted more than 1,000,000 gallons in the previous calendar year. LD 1216, An Act To Impose an Excise Tax on the Extraction of Water For Bottling. (Rep. Boland, D-Sanford) Joint Standing Committee on Taxation. This bill creates and excise tax of 1 cent per gallon on the extraction of surface or groundwater by a bottled water operator who extracts more than 1 million gallons in a year. LD 1235, An Act To Allow a Tax-free Employee Illness Account. (Rep. Cotta, R- China) Joint Standing Committee on Taxation. This bill allows an employer to establish an illness account for employees who are not eligible for compensation for sick leave. It allows both the employer and employee to contribute to the account up to a limit of one week s pay for the employee. Funds contributed to the account are not considered wages for either state unemployment or income tax purposes. LD 1248, An Act To Require Approval by the Voters of Legislation To Enact or Increase a Tax or Fee. (Sen. Thibodeau, R-Waldo) Joint Standing Committee on Taxation. Under this bill, any measure enacted by the Legislature to create or increase a tax or fee could not take effect until approved by the voters in a general election. requires that any funds awarded under the Department of Conservation, Bureau of Forestry s public building wood-to-energy program be on the condition that the recipient purchase wood fuel from a Maine harvester or manufacturer for use in the wood-to-energy system purchased using the funds. This resolve also requires the Department of Conservation and the Department of Education to work together to promote to prior recipients of funds under the program the purchase of wood fuel from a Maine harvester or manufacturer, as long as the cost of the wood fuel does not exceed by more than 10% the lowest bid received by that recipient for wood fuel. LD 1146, Resolve, To Direct the Department of Environmental Protection To Adopt Rules Establishing Sound Level Limits for Wind Turbines. (Sen. Saviello, R-Franklin) Joint Standing Committee on Utilities and Energy. This resolve directs the Department of Environmental Protection to adopt rules regulating sound level limits for industrial grade wind turbines for sound generated both in the audible range and in the low frequency subaudible range. LD 1158, Resolve, To Direct the Department of Environmental Protection To Adopt Rules Establishing Sound Level Limits for Wind Turbines. (Rep. Fitts, R-Pittsfield) Joint Standing Committee on Utilities and Energy. This resolve directs the Department of Environmental Protection to adopt rules regulating sound level limits for industrial grade wind turbines for sound generated both in the audible range and in the low frequency subaudible range. LD 1204, An Act To Create Jobs through Home Energy Efficiency. (Rep. Celli, R- Brewer) Joint Standing Committee on Utilities and Energy. The bill establishes the Maine Residential Energy Conservation Program within the Efficiency Maine Trust. It requires an owner of a residential property who is applying for a permit for substantial renovation of a residential structure or a seller of a residential property to obtain an energy audit by an energy advisor, providing a copy of the audit report to a buyer in the case of a sale; either make a minimum required expenditure on home energy improvements or install all energy efficiency measures identified by an energy advisor in an audit report with a payback period of 10 years or less; and obtain an inspection of the dwelling from an energy advisor after improvements have been installed to ensure compliance. If home energy improvements are made in anticipation of a sale, the cost of compliance must be borne by the buyer. The bill provides exemptions for certain sales and transfers and for certain residential structures. LD 1234, An Act To Restore the Uniform Visual Permitting Standard for Wind Power Projects. (Rep. Dunphy, R-Embden) Joint Standing Committee on Utilities and Energy. This bill elim- TAXATION LD 1030, An Act to Reduce Costs for Small Business. (Rep Eves, D-North Berwick) Joint Standing Committee on Taxation. This legislation, a concept draft, proposes to create subsidies, tax credits and other mechanisms to lower the costs of health insurance coverage for small employers. Like most concept drafts, the bill has few details. LD 1147, An Act To Conform Maine s Estate Tax to the Federal Estate Tax. (Sen. Woodbury, U-Cumberland) Joint Standing Committee on Taxation. As the title indicates, this bill makes the state estate tax consistent with the federal estate tax. To do so, it raises the estate tax exclusion from $1 million to $5 million. LD 1157, An Act To Protect Property Tax Revenue in the Unorganized Territory. (Rep. Dunphy, R-Embden) Joint Standing Committee on Taxation. This bill prohibits the approval of any tax increment financing (TIF) district which includes a grid-scale wind energy development in any case in which a permit for the project has been approved, federal funding for the project has been approved or in which the operator intends to claim federal or state tax credits. If federal funding or tax credits are received after a TIF has been approved, the operator is required to pay that amount into the Unorganized Territory Education and Services Fund. LD 1171, An Act To Amend the Pine Tree Development Zone Laws To Provide a Better Measurement of Per Capita Income. (Rep. Shaw, D-Standish) Joint Standing Committee on Taxation. This bill changes the threshold for determining who are qualified Pine Tree Zone employees. Under current law, they are defined as employees with incomes greater than the per capita income in that particular county. This bill adds an alternative test, i.e., incomes greater than the average per capita income in all UTILITIES AND ENERGY counties having a borderline within 30 miles of LD 1145, Resolve, To Require the Purchase the business where the workers are employed. of Maine Wood Fuel by Recipients of Certain LD 1174, An Act To Help Maine s Public Funds. (Sen. Saviello, R-Franklin) Employers To Recruit Skilled Workers by Joint Standing Committee on Agriculture, Expanding the Availability of the Education Conservation, and Forestry. This resolve Continued on Page 8... For the most current information, visit 03/24/2011 III Impact III 7

8 Periodicals Postage Paid Lisbon, ME 125 Community Drive, Suite 101 Augusta, Maine New Legislation... (Continued from Page 7...) inates specific visual permitting standards for wind energy development to provide that wind energy developments are subject to the same visual permitting standards as other developments. LD 1236, An Act To Amend the Legislative Findings in the Maine Wind Energy Act. (Rep. Dunphy, R-Embden) Joint Standing Committee on Utilities and Energy. This bill amends the Maine Wind Energy Act to amend the findings of the Legislature regarding the presumption of benefits of wind energy development. The bill also removes the requirement in the laws regarding expedited permitting of gridscale wind energy development that a primary siting authority presume that a gridscale wind energy development project provides energy and emissions-related benefits. The bill also corrects a conflict created by Public Law 2009, chapters 615 and 655, which affected the same provision of law, by incorporating the changes made by both laws and removing the requirement that the Public Utilities Commission, when determining pub- lic need for a transmission line, consider state renewable energy generation goals. LD 1266, An Act To Protect Municipalities That Host Wind Energy Developments. (Sen. Saviello, R-Franklin) Joint Standing Committee on Utilities and Energy. This bill is a concept draft pursuant to Joint Rule 208. This bill proposes to create a mechanism to protect a community that hosts a wind energy development against financial loss regarding agreements related to that development. WORKERS COMPENSATION LD 1244, An Act To Clarify Usual and Customary Charges under the Workers Compensation Laws. (Sen. Goodall, D- Sagadahoc) Joint Standing Committee on Labor, Commerce, Research, and Economic Development. This bill defines usual and customary charge regarding payment of a health care service under the workers compensation laws as the average charge for that health care service for the 2 preceding calendar quarters. For purposes of calculating the average charge, the charge of each individual rendering of a specific health care service is calculated as the sum of all reimbursements from a private, thirdparty payor and all payments from the patient. LD 1268, An Act To Allow the Repayment of Improperly Awarded Workers Compensation Benefits. (Sen. Saviello, R-Franklin) Joint Standing Committee on Labor, Commerce, Research, and Economic Development. Current law authorizes an employer or insurer to recover from an employee overpayments made pending an appeal to the Law Court. This bill extends that authorization to allow an insurer or employer to recover overpayments made to an employee pending a motion for findings of fact and conclusions of law filed with the hearing officer. LD 1285, An Act To Amend the Assessment Process and Funding of the Maine Workers Compensation Board. (Rep. Prescott, R- Topsham) Joint Standing Committee on Labor, Commerce, Research, and Economic Development. This bill amends the laws governing the funding of the Workers Compensation Board. It directs that the Superintendent of Insurance determine the assessment amount necessary to fund the operations of the WCB, and that the funds be credited to the General Fund. The bill also imits the assessments levied to $10,000,000 in any fiscal year, and directs the WCB to submit its proposed budget to the Commissioner of Administrative and Financial Services for inclusion in the General Fund appropriation bill.