An Act To IO Clarify Outcome-based Forestry
Maine Legislature, Session 126, LD 1847
Committee Amendment CA_A_S502 (Senate)
Amends: 12 MRSA §8003, 12 MRSA §8868, 12 MRSA §8869

COMMITTEE AMENDMENT "A " to S.P. 746, L.D. 1847, Bill, "An Act To 
IO 
Clarify Outcome-based Forestry" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §8003, su b-§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 e)(perimental areas on public and private land where the principles 
and applicability of outcome-based forest policy, as defined in section 8868, 
subsection 2-B, can be applied and tested. 
No more than 6 such areas may be 
designated. The director shall seek to designate areas representing of various sizes 
owned by different landowners. The designated areas must represent differing forest 
types and conditions and f.i:ern different geographic regions of the State. Prior to 
entering into an outcome-based forestry agreement, the director and the panel of 
technical experts under section 8869, subsection 3-A shall conduct a comprehensive 
review of the proposed outcome-based forestry agreement. 
The term of initial 
agreements may not exceed 5 years. 
The director may renew an agreement if 
requirements under this section and section 8869, subsection 3-A are met. The term 
of a subsequent agreement may not exceed 5 years. 
Sec. 2. 12 MRSA §8868, sub-§2-B, as amended by PL 2011, c. 488, §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 ferest forests, 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 offorests. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 746, L.D. 1847 
Sec. 3. 12 MRSA §8869, sub-§3-A, as amended by PL 2011, c. 488, §3, is 
further amended to read: 
3-A. 
Plans for outcome-based forestry areas. 
Practices applied on an 
e)(perimental 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; and 
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F. Public accountabilitY7~ 
G. Economic considerations; 
H. Social considerations; and 
1. Forest health. 
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. The 
panel of technical experts must have expertise in all of the principles listed in paragraphs 
A to I. In order to participate in tfle an outcome-based forestry e){periment project, the 
landowner, director and technical panel must develop agreed-upon desired outcomes for 
the eJCperimental 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. 4. 12 MRSA §8869, sub-§3-B is enacted to read: 
3-B. Reporting and notification; outcome-based forestry projects. The director, 
in consultation with the technical panel under subsection 3-A, shall report to the joint 
standing committee of the Legislature having jurisdiction over forestry matters as 
follows. 
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. 
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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 746, L.D. 1847 
I 
B. When an initial outcome-based forestry agreement is approved by the director as 
provided by section 8003, subsection 3, paragraph Q, the director shall notify the 
joint standing committee of the Legislature having jurisdiction over forestry matters 
within 15 days. 
In the notification, the director shall address how the proposed 
agreement will provide at least the equivalent forest and environmental protection as 
provided by rules and regulations that otherwise would apply to that outcome-based 
forestry area .. 
C. 
When an outcome-based forestry agreement under this section is renewed as 
provided by section 8003, subsection 3, paragraph Q, the director shall notify the 
joint standing committee of the Legislature having jurisdiction over forestry matters 
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no later than 15 days after the agreement is renewed. 
A report, notification or any information concerning outcome-based forestry projects 
under this subsection must be placed on the Department of Agriculture, Conservation and 
Forestry's publicly accessible website. 
Sec. 5. 12 MRS A §8869, sub-§7-A, as amended by PL 2011, c. 488, §4, is 
further amended to read: 
7-A. Exemption for outcome-based forestry areas. Outcome based forest polic)' 
experimental areas An outcome-based forestry area designated under section 8003, 
subsection 3, paragraph Q are ~ exempt from the requirements of this subchapter and 
rules adopted pursuant to this subchapter section if specifically exempted in the 
agreement establishing the outcome-based forestry area. 
Sec. 6. 12 MRSA §8869, sub-§13, as amended by PL 2011, c. 488, §5 and c. 
657, Pt. W, §7 and PL 2013, c. 405, Pt. A, §23, 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 polic), e}(perimental forestry 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. 
Sec. 7. 12 MRS A §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 an 
assessment of the designated outcome-based forestry e}(periment projects authorized 
under section 8003, subsection 3, paragraph Q, including a recommendation to continue, 
change or discontinue the outcome-based forestry projects. 
The director shall also 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 746, L.D. 1847 
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 amendment replaces the term "experimental area" with "outcome-based forestry 
area" in the laws governing forestry practices. The amendment requires the Director of 
the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry 
to seek to designate outcome-based forestry areas of various sizes owned by different 
landowners. The amendment explicitly authorizes the director to renew an outcome-
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based forestry agreement if all applicable requirements are met. 
The amendment 
provides that the term of a subsequent outcome-based forestry agreement may not exceed 
years. 
The amendment provides that the panel of technical experts, when conducting an 
assessment, may consider information provided by the Bureau of Forestry, the landowner 
or a 3rd-party forest certification program auditor. 
The amendment strikes the 
requirement as proposed in the bill that the panel of technical experts must include at 
least one member representing the public. 
The amendment adds forest health and economic and social considerations to the list 
of outcome-based forestry principles. 
The amendment makes changes to the reporting requirements as proposed in the bill. 
The amendment requires the Director of the Bureau of Forestry, in consultation with the 
technical panel, beginning March 1, 2015 and annually thereafter, to submit a report to 
the joint standing committee of the Legislature having jurisdiction over forestry matters 
detailing the progress on each outcome-based forestry agreement. The amendment also 
provides that when an initial outcome-based forestry agreement is approved by the 
Director of the Bureau of Forestry, the director is required to notify the joint standing 
committee of the Legislature having jurisdiction over forestry matters within IS days. In 
the notification, the director is required to address how the proposed agreement will 
provide at least the equivalent forest and environmental protection as provided by 
applicable rules and regulations. The amendment provides that when an outcome-based 
forestry agreement is renewed, the director is required to notify the joint standing 
committee of the Legislature having jurisdiction over forestry matters within 15 days. 
The amendment also requires that reports, notifications and other information relating to 
outcome-based forestry projects must be placed on the Department of Agriculture, 
Conservation and Forestry's publicly accessible website. 
The amendment retains the provision in the bill that provides that the exemption for 
outcome-based forestry projects pertains to clear-cutting requirements only. 
The amendment also retains the provision in the bill that provides that the state of the 
State's forests report include a recommendation to continue, change or discontinue 
designated outcome-based forestry projects. 
mcALNOI'IIIIQllIIID) 
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COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
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Approved: 04/04114 frac 
LD 1847 
LR 2826(02) 
An Act To Clarify Outcome-based Forestry 
Fiscal Note for Bill as Amended by Committee Amendment 'A." ( s -s O~ 
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Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The bill renames "experimental areas" as "outcome-based forestry areas" and changes the requirements to enter into 
certain outcome-based forestry agreements, changes criteria when testing outcome-based forestry principles and 
requires the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry to prepare and 
submit annual reports and make annual presentations to the Legislature. Any additional costs are expected to be minor 
and can be absorbed within existing budgeted resources. 
LR2826(02) - Fiscal Note - Page 1 of 1