An Act Regarding Outcome-based Forestry and the Use of Glyphosate
Maine Legislature, Session 129, LD 2142
Committee: Agriculture, Conservation and Forestry
Amends: 12 MRSA §8869

Legislative Document
No. 2142
S.P. 771
In Senate, March 5, 2020
An Act Regarding Outcome-based Forestry and the Use of 
Glyphosate
Submitted by the Joint Standing Committee on Agriculture, Conservation and Forestry 
pursuant to Resolve 2019, chapter 84, section 1.
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
DAREK M. GRANT
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §8869, sub-§3-A, as amended by PL 2013, c. 542, §3, is 
further amended to read:
3-A.  Plans for outcome-based forestry areas.  Practices applied on an 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; 
F.  Public accountability;
G.  Economic considerations;
H.  Social considerations; and
I.  Forest health.
The Subject to review by the joint standing committee of the Legislature having 
jurisdiction over forestry matters and subject to confirmation by the Legislature, 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.  Members of 
the technical panel appointed under this subsection serve for a term of 3 years until their 
successors are duly appointed and qualified.  The panel of technical experts must have 
expertise in all of the principles listed in paragraphs A to I.  In order to participate in an 
outcome-based forestry project, the landowner, director and technical panel must develop 
agreed-upon desired outcomes for the 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. 2.  12 MRSA §8869, sub-§3-B, ¶A, as enacted by PL 2013, c. 542, §4, is 
amended to read:
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 and, 
beginning with the report in 2021, a summary of reports on glyphosate use and any 
corresponding nonconformances as required under subsection 3-D.  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.
Sec. 3.  12 MRSA §8869, sub-§3-C is enacted to read:
3-C.  Notification; use of glyphosate; outcome-based forestry projects.  At least 
days prior to any use of glyphosate in an outcome-based forestry area designated 
under section 8003, subsection 3, paragraph Q, the landowner shall provide written 
notification of the intent to use glyphosate and the rationale with special consideration 
given to the principles of outcome-based forestry under subsection 3-A for the use of 
glyphosate to all members of the technical panel under subsection 3-A and the director.  
The written notification must include the date of intended glyphosate use except that the 
actual date of glyphosate use may be up to 7 days after the date on the written notification 
if the delay is due to inclement weather or other unforeseen circumstances.
Sec. 4.  12 MRSA §8869, sub-§3-D is enacted to read:
3-D.  Report on use of glyphosate; outcome-based forestry projects.  Within 30 
days of any use of glyphosate in an outcome-based forestry area designated under section 
8003, subsection 3, paragraph Q, the landowner shall submit to all members of the 
technical panel under subsection 3-A and the director a report that includes the following:
A.  Pesticide application records as required by the Department of Agriculture, 
Conservation and Forestry, Board of Pesticides Control rule relating to the use of 
glyphosate;
B.  An environmental and social risk assessment specific to the site on which 
glyphosate was applied;
C.  A description of control measures implemented for identified risks due to the use 
of glyphosate;
D.  A description of training and monitoring implemented to prevent, minimize and 
mitigate the effects of the use of glyphosate.  Any training and monitoring under this 
paragraph must conform with the Department of Agriculture, Conservation and 
Forestry, Board of Pesticides Control rule relating to the use of glyphosate;
E.  A description of the review processes for activities described in paragraphs C and 
D; and
F.  A comparative environmental and social risk assessment to demonstrate that an 
alternative to the use of glyphosate is not feasible.
For purposes of this subsection, "environmental and social risk assessment" means a 
process to predict, assess and review the probable or actual environmental and social 
effects of the use of glyphosate, evaluate alternatives and design appropriate mitigation, 
management and monitoring measures.
Upon receipt of the report under this subsection, the technical panel shall evaluate 
whether the landowner has adequately addressed the principles under subsection 3-A.  If 
the technical panel determines that the landowner has not adequately addressed the 
principles under subsection 3-A, the panel shall report the nonconformance to the 
director.  Upon receipt of the report, if the director finds a landowner is in violation of 
this subchapter, the director shall issue a written notice to the landowner describing the 
violation, the required corrective action to be taken, including, but not limited to, 
measures to repair damages to the environment or public health, and the date by which 
the corrective action must be completed.  If the landowner fails to complete corrective 
actions by the date noted in the original notice or subsequent date specified by the 
director, the director may terminate, suspend or refuse to renew an outcome-based 
forestry agreement.  If the director, upon receipt of the report, does not find that a 
landowner is in violation of this subchapter, the panel's report relating to nonconformance 
must be provided by the director to the joint standing committee of the Legislature having 
jurisdiction over forestry matters.
Sec. 5.  Environmental risk advisory committee; glyphosate.  The 
Department of Agriculture, Conservation and Forestry, Board of Pesticides Control shall 
establish an environmental risk advisory committee to assess the environmental risks 
associated with the use of glyphosate.  The committee shall submit an interim report no 
later than March 1, 2021 and a final report no later than February 1, 2022 with findings 
and recommendations, including suggested legislation, to the joint standing committee of 
the Legislature having jurisdiction over forestry matters.  Following receipt and review of 
the final report, the joint standing committee of the Legislature having jurisdiction over 
forestry matters may submit a bill concerning the subject matter of the report to the 
Sec. 6.  Transition provision.  Members of the panel of technical experts that 
work with the Director of the Maine Forest Service within the Department of Agriculture, 
Conservation and Forestry to implement, monitor and assess tests of outcome-based 
forestry principles in the Maine Revised Statutes, Title 12, section 8869, subsection 3-A 
serving immediately prior to the effective date of this Act continue to serve on the panel 
until their successors are appointed pursuant to Title 12, section 8869, subsection 3-A.  
The Governor, in making these appointments, shall, notwithstanding Title 12, section 
8869, subsection 3-A, appoint members to terms of one, 2 and 3 years so that the terms of 
the members of the technical panel are staggered.  The Governor shall make these 
appointments by January 1, 2023.
Sec. 7.  Effective date.  Those sections of this Act that amend the Maine Revised 
Statutes, Title 12, section 8869, subsection 3-A and subsection 3-B, paragraph A and that 
enact Title 12, section 8869, subsections 3-C and 3-D take effect January 1, 2022.
SUMMARY
This bill is reported out by the Joint Standing Committee on Agriculture, 
Conservation and Forestry pursuant to Resolve 2019, chapter 84.  The committee is 
reporting the bill out for the sole purpose of turning the proposal into a printed bill that 
can be referred to the committee for an appropriate public hearing and subsequent 
processing in the normal course.  The committee has not taken a position on the substance 
of this bill and by reporting this bill out the committee is not suggesting and does not 
intend to suggest that it agrees or disagrees with any aspect of this bill.
Current law requires the Governor to appoint a panel of at least 6 technical experts to 
work with the Director of the Maine Forest Service within the Department of Agriculture, 
Conservation and Forestry to implement, monitor and assess tests of outcome-based 
forestry principles.  The bill provides that the gubernatorial appointments are subject to 
review by the joint standing committee by the Legislature having jurisdiction over 
forestry matters and subject to confirmation by the Legislature.
The bill requires landowners to provide written notification at least 15 days prior to 
any use of glyphosate in an outcome-based forestry area to all members of the panel and 
the director and within 30 days of any use of glyphosate in an outcome-based forestry 
area to submit a report to all members of the panel and the director.  Upon receipt of the 
report, the panel is required to evaluate whether the landowner has adequately addressed 
outcome-based forestry principles under the forest practices laws.  If the panel determines 
the landowner has not adequately addressed the outcome-based forestry principles, the 
panel is required to report the nonconformance to the director.  The effective date of these 
provisions is January 1, 2022.
The bill also requires the Board of Pesticides Control to establish an environmental 
risk advisory committee to evaluate the environmental risks associated with the use of 
glyphosate.  The advisory committee is required to submit an interim report no later than 
March 1, 2021 and a final report no later than February 1, 2022 with findings and 
recommendations to the joint standing committee of the Legislature having jurisdiction 
over forestry matters.  The joint standing committee of the Legislature having jurisdiction 
over forestry matters has the authority to submit a bill relating to the subject matter of the 
report during the Second Regular Session of the 130th Legislature.