An Act To Amend the Outcome-based Forestry Experiment Laws
Maine Legislature, Session 126, LD 1823
Committee: Agriculture, Conservation and Forestry
Sponsors: McCABE
Amends: 12 MRSA §8003, 12 MRSA §8869, 12 MRSA §8869-B, 12 MRSA §8879

Legislative Document 
No. 1823 
H.P. 1314 
House of Representatives, March 18, 2014 
An Act To Amend the Outcome-based Forestry Experiment Laws 
(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. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McCABE of Skowhegan. 
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 and no more than 3 
of those 6 areas may individually be more than 50,000 acres.  The director shall seek 
to designate areas representing differing forest types and conditions and of differing 
sizes and from different geographic regions of the State.  The term of initial 
agreements may not exceed 5 years. 
This paragraph is repealed July 1, 2021. 
Sec. 2.  12 MRSA §8869, sub-§3-A, as amended by PL 2011, c. 488, §3, is 
further amended to read: 
3-A.  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. 
Sec. 3.  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 Except for the requirement in subsection 3-A, outcome-based forest policy 
experimental areas designated under section 8003, subsection 3, paragraph Q are exempt 
from the requirements of this subchapter section and rules adopted pursuant to this 
subchapter section if the exemptions are identified in the agreement establishing the 
experimental area. 
This subsection is repealed July 1, 2021. 
Sec. 4.  12 MRSA §8869-B is enacted to read: 
§8869-B.  Outcome-based forest policy experimental area 
This section governs experimental areas created pursuant to section 8003, subsection 
3, paragraph Q. 
1.  Tests.  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. 
2.  Technical panel.  The Governor shall appoint a panel of technical experts, 
referred to in this subsection as "the technical panel," to work with the director to 
implement, monitor and assess tests of outcome-based forestry practices.  The technical 
panel must consist of at least 5 but not more than 7 members and must include members 
with expertise in plant ecology, wildlife ecology and forestry, members who represent the 
interests of small and large landowners and members who represent the interests of the 
public.  At least one member with expertise in plant ecology, wildlife ecology or forestry 
must be a current or former member of the faculty of the University of Maine forest 
resources or wildlife ecology department.  Members are appointed for terms of 4 years. 
3.  Participation.  In order to participate in the outcome-based forest policy 
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.  The method for determining if the outcomes have been 
attained must include an assessment by the technical panel in accordance with subsection 
4. 
4.  Assessment.  The technical panel shall independently assess whether the practices 
applied in the experimental area provide at least the equivalent forest and environmental 
protection as required by existing rules and any applicable local regulations as required 
by section 8869, subsection 3-A.  The technical panel may not delegate the assessment to 
any other person or organization.  In determining whether the forest and environmental 
protection is equivalent, the technical panel shall evaluate the outcomes of the outcome-
based forest policy experiment: 
A.  On multiple size scales, including a harvesting-area scale, a landscape scale and a 
regional scale; and 
B.  By habitat type, habitat patch size and long-term impacts to habitat structure 
across the experimental area. 
5.  Annual report.  Beginning January 1, 2015, and by every January 1st thereafter, 
the director shall submit a report to the joint standing committee of the Legislature having 
jurisdiction over conservation matters.  The annual report must include an assessment of 
the progress on the entirety of the outcome-based forest policy experiment and must 
include recommendations on whether the outcome-based forest policy experiment should 
be continued, changed or ended.  The director shall present the annual report to the joint 
standing committee at a public meeting no sooner than 30 days after the report is 
submitted to the committee. 
6.  Five-year report.  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 shall submit a report on that experimental area to the 
joint standing committee of the Legislature having jurisdiction over conservation matters.  
The 5-year report must include an assessment by the technical panel in accordance with 
subsection 4.  Prior to the submission of the 5-year report to the joint standing committee, 
the director shall provide a 30-day opportunity for public comment on the draft report.  
The 5-year report to the joint standing committee must include a response to each public 
comment from the director. 
7.  Proposed agreements.  Prior to entering into any agreement establishing an 
outcome-based forest policy experimental area pursuant to section 8003, subsection 3, 
paragraph Q, the director shall present the proposed agreement to the joint standing 
committee of the Legislature having jurisdiction over conservation matters.  The 
presentation must address how the proposed agreement will provide at least the 
equivalent forest and environmental protection as required by existing rules and any 
applicable local regulations as required by section 8869, subsection 3-A. 
8.  Rules.  The bureau shall adopt rules to implement this section.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
9.  Repeal.  This section is repealed July 1, 2021. 
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.  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. 
Sec. 6.  Staggered terms.  Notwithstanding the Maine Revised Statutes, Title 12, 
section 8869-B, subsection 2, by October 15, 2014, the Governor shall appoint the 
members of the technical panel to serve initial staggered terms.  Of the appointees, up to 
members serve initial terms of one year, up to 2 members serve initial terms of 2 years, 
one member serves an initial term of 3 years and 2 members serve initial terms of 4 years. 
The Governor may appoint a member serving on the technical panel on the effective date 
of this Act to serve on the panel in accordance with Title 12, section 8869-B, subsection 
2. 
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.  It 
requires the technical panel to prepare an independent assessment and amends reporting 
requirements.  It also repeals these laws July 1, 2021.