An Act To Clarify Outcome-based Forestry
Maine Legislature, Session 126, LD 1847
Committee: Agriculture, Conservation and Forestry
Sponsors: BOYLE, CRAY, SAVIELLO, SHERMAN, VITELLI, BLACK, DILL, NOON, TIMBERLAKE
Amends: 12 MRSA §8003, 12 MRSA §8869, 12 MRSA §8879

Legislative Document 
No. 1847 
S.P. 746 
In Senate, March 26, 2014 
An Act To Clarify Outcome-based Forestry 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator BOYLE of Cumberland. 
Cosponsored by Representative CRAY of Palmyra and 
Senators: SAVIELLO of Franklin, SHERMAN of Aroostook, VITELLI of Sagadahoc, 
Representatives: BLACK of Wilton, DILL of Old Town, NOON of Sanford, TIMBERLAKE 
of Turner. 
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 2011, c. 488, §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.   
Sec. 2.  12 MRSA §8869, sub-§3-A, as amended by PL 2011, c. 488, §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 local, state and 
federal rules and any applicable local regulations.  At a minimum, tests of outcome-based 
principles practices 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 at least 6 technical experts to work with the 
director to implement, monitor and assess tests of outcome-based forestry principles 
practices.  The panel of technical experts must include at least one member representing 
the public and must have expertise in the principles listed in paragraphs A to F.  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.  The technical panel must assess independently whether 
the practices applied on the experimental area provide at least the equivalent forest and 
environmental protection as provided by local, state and federal rules and regulations 
otherwise applicable to that experimental area.  The technical panel may not delegate this 
assessment to any other person. 
Sec. 3.  12 MRSA §8869, sub-§§3-B and 3-C are enacted to read: 
3-B.  Reporting on experimental areas.  The director and the technical panel under 
subsection 3-A each shall submit a report to the joint standing committee of the 
Legislature having jurisdiction over forestry matters in accordance with this subsection. 
A.  Beginning January 1, 2015 and annually thereafter, the director and the technical 
panel shall each submit a report detailing the progress on the entirety of the outcome-
based forestry experiment.  The annual reports 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 reports to the committee. 
B.  Beginning 5 years from the date an agreement for an experimental area is entered 
into pursuant to section 8003, subsection 3, paragraph Q and every 5 years thereafter, 
the director and the technical panel shall each submit a report to the joint standing 
committee of the Legislature having jurisdiction over forestry matters on each 
experimental area created by an agreement. Each 5-year report must include an 
analysis as to whether the practices applied on the experimental area provide at least 
the equivalent forest and environmental protection as provided by local, state and 
federal rules and regulations in existence on the date of the agreement. Prior to the 
submission of the director's report to the Legislature, the director shall establish a 
30-day opportunity for public comment on the draft report. The director's final report 
to the committee must include a response to each public comment. 
3-C.  Briefing to the Legislature.  Prior to entering into an outcome-based forestry 
agreement under section 8003, subsection 3, paragraph Q, the director shall brief the joint 
standing committee of the Legislature having jurisdiction over forestry matters. In the 
briefing, the director shall address how the proposed agreement will provide at least the 
equivalent forest and environmental protection as provided by local, state and federal 
rules and regulations that otherwise would apply to that experimental area. 
Sec. 4.  12 MRSA §8869, sub-§7-A, as amended by PL 2011, c. 488, §4, is 
further amended to read: 
7-A.  Exemption for outcome-based forest policy experimental areas.  Outcome-
based An outcome-based forest policy experimental areas area designated under section 
8003, subsection 3, paragraph Q are is exempt from the requirements of this subchapter 
and rules adopted pursuant to this subchapter section if specifically exempted in the 
agreement establishing the experimental area.   
Sec. 5.  12 MRSA §8879, sub-§1, as amended by PL 2011, c. 532, §2 and c. 657, 
Pt. W, §7 and PL 2013, c. 405, Pt. A, §23, is further amended to read: 
1.  Content.  The report must describe the condition of the State's forests based on 
historical information and information collected and analyzed by the bureau for the 
5-year period.  The report must provide an assessment at the state level of progress in 
achieving the standards developed pursuant to section 8876-A, including progress of the 
outcome-based forestry experiment authorized under section 8003, subsection 3, 
paragraph Q, including a recommendation to continue, change or discontinue the 
outcome-based forestry experiment.  The director shall also provide observations on 
differences in achieving standards by landowner class.  The report must summarize 
importing and exporting of forest products for foreign and interstate activities.  The 
director shall obtain public input during the preparation of the report through appropriate 
methods. 
SUMMARY 
This bill amends the laws governing outcome-based forest policy experimental areas.  
It amends the membership of the technical panel assessing those experimental areas to 
consist of at least 6 members, at least one of whom is a member of the public, and 
specifies that they must have expertise in the areas of outcome-based principles.  The 
technical panel is required to determine whether the practices applied in an experimental 
area provide at least equivalent forest and environmental protection as provided by the 
local, state and federal rules and regulations that would otherwise apply to that 
experimental area. 
This bill requires the Director of the Bureau of Forestry within the Department of 
Agriculture, Conservation and Forestry to brief the joint standing committee of the 
Legislature having jurisdiction over forestry matters prior to entering into an outcome-
based forestry experiment agreement.  The bill also requires the director and the technical 
panel each to submit 2 different reports to the joint standing committee.  The first is an 
annual report regarding the progress on the outcome-based forestry experiment and the 
2nd is a report that must be completed every 5 years after entering into an agreement, 
which must include an analysis as to whether the practices applied on the experimental 
area provide at least the equivalent forest and environmental protection as provided by 
rules and regulations in existence on the date of the agreement. 
The bill also amends current reporting requirements to require the director to make a 
recommendation to continue, change or discontinue the outcome-based forestry 
experiment.