Slew of business-related bills now signed into law
File photo / Courtesy Office of Gov. Janet Mills
Gov. Janet Mills has signed a number of bills into law, including several related to Maine businesses.
Gov. Janet Mills announced Friday that she has signed the following business-related bills into law:
LD 201, “An Act To Protect Jobs in the State by Requiring Advance Notice of Closure of Call Centers": This bill requires a person that operates a call center in Maine to provide the Commissioner of Labor 120 days' notice before relocating the call center or a part of the call center. If the employer fails to notify the Commissioner of Labor of the relocation of the call center at least 120 days before the relocation, a daily fine of $10,000 may be assessed.
The bill requires the Commissioner of Labor to create a list of employers who have relocated a call center, or a facility or operating unit handling at least 30% of call volume within a call center, from Maine to a foreign country. An employer appearing on the list is ineligible for a state grant, loan or tax benefit for five years and is required to pay back the un-amortized value of a state grant, loan or tax benefit previously issued to the employer. The bill requires that call center work for executive branch agencies of the state be performed in Maine.
LD 372, “An Act To Increase the Safety of Maine Residents in Extended Power Outages" : An amendment replaces the original bill. The amendment establishes requirements for an investor-owned transmission and distribution utility to establish emergency response plans for recovery and restoration in response to an event where widespread outages have occurred due to weather events or other causes beyond the utility's control. It requires that the prioritization process under the plan follow the statewide comprehensive emergency management plan and include consideration of steps to ensure safety of electric facilities, road opening and service restoration. The amendment requires the plan to detail a coordinated approach that includes: priorities for emergency response and service restoration, staffing, communication and coordination with emergency management agencies, customer communications, resource deployment and safety.
The amendment requires each investor-owned transmission and distribution utility to file the plan with the Public Utilities Commission on a biannual basis and to provide a copy of the plan to the Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency. The amendment allows the commission to designate portions of the emergency response plan as confidential through the issuance of a protective order.
The amendment also authorizes the commission to open an investigation to review the emergency response performance of an investor-owned transmission and distribution utility after an emergency event. If the commission, through investigation, finds that the utility failed to implement its emergency response plan in a prudent manner, the commission is required to take action to remedy the failure, which may include denying the recovery through rates of the costs of emergency response and service restoration.
Finally, the amendment requires the commission to include in its annual report to the Legislature information regarding its activities and the performance of investor-owned transmission and distribution utilities in relation to emergency response plans.
LD 523, “An Act To Permit the Indoor Production of Industrial Hemp" : This bill allows for the indoor production of industrial hemp. A person desiring to grow industrial hemp for commercial purposes shall apply to the Commissioner of the Maine Department of Agriculture, Conservation and Forestry for a license. The application must include the name and address of the applicant, the legal description of the land area or indoor facility to be used for the production of industrial hemp and a map, an aerial photograph or global positioning coordinates sufficient for locating the production fields or the floor plan of any indoor production facility.
The bill also requires the department to amend its rules regarding industrial hemp to allow for the indoor production of industrial hemp. Because this was approved by the 129th Legislature as an emergency bill, the legislation takes effect immediately. An amendment clarifies that an indoor facility includes a building, greenhouse, cold frame, hoop house, high tunnel, floating row cover or other agricultural or horticultural methods of extending the growing season by enclosing the growing area.
LD 658, “Resolve, To Direct a Plan for Energy Independence for Maine" : As amended, the bill replaces the resolve and directs the Governor's Energy Office, in coordination with the development of the state energy plan or other planning initiatives, to conduct an analysis for at least one scenario for Maine to become a net exporter of energy by 2030 through the development and expansion of energy generating capacity, energy conservation and energy efficiency at levels sufficient to offset the total value of the state's domestic energy consumption across all sectors. The amendment requires the Governor's Energy Office to report to the Joint Standing Committee on Energy, Utilities and Technology by Dec. 31, 2019, on progress regarding the state energy plan and the analysis for Maine to become a net exporter of energy.
LD 853, "An Act To Facilitate Weekend Malt Liquor Purchases by Licensed Establishments" : This bill permits retailers licensed for the sale of malt liquor to be consumed on the premises to purchase malt liquor from retailers licensed for the sale of malt liquor to be consumed off-premises during weekend hours, when wholesalers and distributors are typically closed. An amendment adopted by lawmakers stipulates that such purchases can occur only during weekend hours and only two times annually. If an on-premises retailer purchases malt liquor from an off-premises retailer, the on-premises retailer must immediately notify both the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations and the retailer's malt liquor wholesaler of the purchase. The on-premises retailer may not purchase more than 10 gallons of malt liquor in a single weekend and must purchase the malt liquor from an off-premises retailer located within the same malt liquor wholesaler's sales territory.
LD 971, "An Act To Encourage the Purchase and Sale of Locally Grown and Raised Crops and Products" : An amendment strikes and replaces the bill with a resolve and adds an emergency preamble and emergency clause. The amendment directs the Commissioner of Agriculture, Conservation and Forestry to establish a “specialty crops certification cost-share pilot program” in the Department of Agriculture, Conservation and Forestry and authorizes the department to reimburse qualified farms for up to 50% of the cost of certification of specialty crops under the "good agricultural practices" and "good handling practices" voluntary audit programs under the United States Department of Agriculture, Agricultural Marketing Service. The amendment provides that reimbursement of funds under the program is for initial one-time payment and may not be more than $500 per qualified farm. The amendment also directs the commissioner to monitor the four-year pilot program and to report back to the joint standing committee having jurisdiction over agricultural matters no later than Dec. 15, 2023, with findings and recommendations.
LD 983, “An Act To Exempt from Permit Requirements the Repair of Low-head Dams" : The amended bill exempts low-head dams from the permitting requirements for repair under the Natural Resources Protection Act. The amendment clarifies that certain maintenance and repairs of non-hydropower dams are exempt from permitting requirements under the Natural Resources Protection Act if certain specified requirements are met.
LD 1013, “An Act To Clarify the Disqualification from Unemployment Benefits of a Person Who Is Terminated from Employment for Being Under the Influence of Marijuana" : This bill clarifies that an individual whose employment is terminated because of the individual's being under the influence of marijuana while on duty or when reporting to work is disqualified from unemployment benefits, as is currently the case for alcohol and illegal drugs. An amendment removes the provision of the bill that includes being under the influence of marijuana while on duty or when reporting to work, which is the same provision as using illegal drugs, and instead includes marijuana in the current disqualification from unemployment benefits for an individual whose employment is terminated because of intoxication while on duty or when reporting to work or engaging in unauthorized use of alcohol while on duty
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