An Act To Remove the Repeal Date for Outcome-based Forestry
Maine Legislature, Session 125, LD 1740
Committee: Agriculture, Conservation and Forestry
Sponsors: SHERMAN
Amends: 12 MRSA §8003, 12 MRSA §8868, 12 MRSA §8869

Legislative Document 
No. 1740
S.P. 597 
In Senate, January 4, 2012
An Act To Remove the Repeal Date for Outcome-based Forestry 
(EMERGENCY) 
Submitted by the Department of Conservation pursuant to Joint Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SHERMAN of Aroostook. 
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Whereas, the laws governing outcome-based forestry are scheduled to be repealed 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, 2012; 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 2007, c. 271, §1, 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 defined in section 8868, can be 
applied and tested.  No more than 6 such areas may be designated.  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  This paragraph is repealed July 1, 2012.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 2007, c. 271, §2, 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 2007, c. 271, §3, 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: 
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 2007, c. 271, §4, 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 2009, c. 567, §9, 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 public unless the person to whom the information belongs or pertains 
requests that it be designated as confidential and the bureau has determined it contains 
proprietary information.  For the purposes of this subsection, "proprietary information" 
means information that is a trade secret or production, commercial or financial 
information the disclosure of which would impair the competitive position of the person 
submitting the information and would make available information not otherwise publicly 
available.  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 in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
The laws governing outcome-based forestry are scheduled to be repealed July 1, 
2012. This bill removes the repeal date.