An Act To Extend the Time Allowed for Outcome-based Forestry
Maine Legislature, Session 123, LD 1914
Committee: Agriculture, Conservation and Forestry
Sponsors: NUTTING
Amends: 12 MRSA §8003, 12 MRSA §8868, 12 MRSA §8869

Legislative Document 
No. 1914 
S.P.713 
May 23, 2007 
An Act To Extend the Time Allowed for Outcome-based Forestry 
(EMERGENCy) 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented by Senator NUTTING of Androscoggin. (GOVERNOR'S BILL) 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation seeks to extend the time during which the laws governing 
outcome-based forestry are in effect; and 
Whereas, the laws governing outcome-based forestry are scheduled to be repealed 
July 1, 2007; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §8003, sub-§3, ~Q, as amended by PL 2005, c. 550, §2, is 
further amended to read: 
Q. The director, in cooperation with public and private landowners, shall actively 
pursue creating experimental areas on public and private land where the principles 
and applicability of outcome-based forest policy, as defmed in section 8868, can be 
applied and tested. No more than 6 such areas may be designated, a siBgle area may 
Bet eJie~ 1GG,OGO aeFeS ana the tetal area lIDaer agreemeat may Bet eJioeeel200,GOO 
aeres. OM area tmlst be eWftea by a hmaevliieF belaiBg fewer thaD 1,OGO aores 
statewiae. The director shall seek to designate areas representing differing forest 
types and conditions and from different geographic regions of the State. The term of 
initial agreements may not exceed 5 years. This paragraph is repealed July 1, ~ 
2012. 
Sec. 2. 12 MRSA §8868, sub-§2-B, as amended by PL 2005, c. 550, §3, is 
further amended to read: 
2-B. 
Outcome-based forest policy. 
"Outcome-based forest policy" means a 
science-based, voluntary process to achieve agreed-upon economic, environmental and 
social outcomes in the State's forest, as an alternative to prescriptive regulation, 
demonstrating measurable progress towards achieving statewide sustainability goals and 
allowing landowners to use creativity and flexibility to achieve objectives, while 
providing for the conservation of public trust resources and the public values of forests. 
This subsection is repealed July 1, ~ 
2012. 
Sec. 3. 12 MRSA §8869, sub-§3-A, as amended by PL 2005, c. 550, §4, is 
further amended to read: 
3-A. Plans for experimental areas. Practices applied on an experimental 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 principles must 
address: 
Page I - 123LR2662(Ol)-1 
A. 
Soil productivity; 
B. 
Water quality, wetlands and riparian zones; 
C. 
Timber supply and quality; 
D. 
Aesthetic impacts of timber harvesting; 
E. 
Biological diversity; and 
F. 
Public accountability. 
The Governor shall appoint a panel of technical experts to work with the director to 
implement, monitor and assess tests of outcome-based forestry principles. In order to 
participate in the outcome-based forestry experiment, the landowner, director and 
technical panel must develop agreed-upon desired outcomes for the experimental area 
and develop a method for determining if the outcomes have been attained and a system 
for reporting results to the public. This subsection is repealed July 1, ~ 
2012. 
Sec. 4. 12 MRSA §8869, sub-§7-A, as amended by PL 2005, c. 550, §5, is 
further amended to read: 
7-A. Exemption for outcome-based forest policy experimental areas. Outcome-
based forest policy experimental areas designated under section 8003, subsection 3, 
paragraph Q are exempt from the requirements of this subchapter and rules adopted 
pursuant to this subchapter. This subsection is repealed July 1, ~ 
2012. 
Sec. 5. 12 MRSA §8869, sub-§13, as amended by PL 2005, c. 550, §6, is further 
amended to read: 
13. Confidential information. Information provided to the bureau voluntarily or to 
fulfill reporting requirements for the purposes of establishing and monitoring outcome-
based forest policy experimental areas, as created pursuant to section 8003, subsection 3, 
paragraph Q, is designated as confidential for the purposes of Title 1, section 402, 
subsection 3, paragraph A if the bureau has determined that failure to designate the 
information as confidential would provide competitors an opportunity to obtain business 
or competitive advantage over the person to whom the information belongs or pertains or 
would result in loss or other significant detriment to that person. The bureau, working 
with the landowner and the panel of technical experts appointed under subsection 3-A, 
may publish reports as long as those reports do not reveal confidential information. This 
subsection is repealed July 1, ~ 
2012. 
Emergency clause. 
In view of the emergency cited ill the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill extends the time during which the laws governing outcome-based forestry 
are in effect. These laws are scheduled to be repealed July 1,2007. This bill delays the 
repeal date until July 1, 2012. It removes the acreage limitations on outcome-based 
forestry agreements.