NRCM Testimony In Opposition to LD 562, An Act To Improve Public Understanding in Rulemaking

Testimony at the Maine Legislature

by Cathy Johnson, NRCM North Woods project director

Good morning, Senator Schneider, Representative Barstow and members of the Committee.  My name is Cathy Johnson.  I am a resident of Alna.  I am here today to testify on behalf of 8000 members of the general public who are also members and supporters of the Natural Resources Council of Maine in opposition to L.D. 562.

Last year, the Legislature rejected a bill that was almost identical to LD 562.  The legislature saw that LD 942 was a bad idea last year, and we urge you to reach the same conclusion again this year concerning LD 562.

Here are the main problems with LD 562:

• Another example is rules adopted by the Land Use Regulation Commission to regulate development activities in the unorganized territories.  These rules are based on recent patterns of development in the area under consideration, on the judgment of experienced land use planners, and on public comment from those who live, work and recreate in the area. 

  Another example would be the rules adopted by the Maine Forest Service last year to regulate liquidation harvesting.  These rules were based on information about the pattern of liquidation harvesting in the state – information provided by foresters and forest rangers from the Maine Forest Service as well as members of the public.  They were also based on lengthy stakeholder negotiations. 

  In none of these cases were there any “primary sources” nor should there have been primary sources.  Professional judgment and public comment are also valid bases for rules. 

We strongly urge the Committee to vote Ought-Not-To-Pass on LD 562.

Thank you for the opportunity to testify on this important issue.