Maine Potato Board watching legislation in Augusta

By Scott Mitchell Johnson
Staff Writer
    PRESQUE ISLE – A number of legislative bills are presently being debated in Augusta, and many pertain to the Maine Potato Board.
    At the board’s April 15 meeting, directors were updated on LD 1406 “An Act to Transfer the Seed Potato Board to the Maine Potato Board.”
    This bill would transfer the ownership and operations of the Seed Potato Board from the Department of Agriculture, Food and Rural Resources to the Maine Potato Board.
    LD 1406 requires the Department of Agriculture to provide funds to the Maine Potato Board in support of the Seed Potato Board for fiscal year 2009-10 in an amount not to exceed $250,000 and for fiscal year 2010-11 in the amount of $175,000.
    The bill also strikes the provision of law that exempts the Seed Potato Board from the bidding, contract and review procedures contained in the Maine Revised Statutes for any public improvement project with a value of less than $10,000.
    Donald Flannery, executive director of the Maine Potato Board, said he doesn’t anticipate any issues related to the bill’s passing.
    “Rep. John Martin (D-Eagle Lake) is the lead sponsor, and leadership on both sides of the aisle are on board,” he said. “If the bill passes, a lot of work needs to be done, and there will be some change in operation.”
    In the proposed legislation, all assets of the Seed Potato Board, including real estate, equipment and personal property, must be transferred to the Maine Potato Board no later than July 1, 2010 or the beginning of the 2010 production cycle, whichever is earlier. The Maine Potato Board must use these assets to ensure the continued supply of seed potatoes.
    Also, no later than July 1, 2010, all funds received by the Department of Agriculture or the Seed Potato Board for the operation of the Porter Seed Farm must be paid to the Maine Potato Board.
    “If funding and assets don’t get transferred,” said Flannery, “we’ll bail out. They can’t force us to take it.”
    In terms of employees, all current full- and part-time positions of the Seed Potato Board are terminated by the state prior to the time the Maine Potato Board assumes ownership and operation of the Seed Potato Board. Employees of the Seed Potato Board after the transfer are employees of the Maine Potato Board.
    “There might be a few potholes on the road to success,” said Flannery, “but in the end, I think it will be worth it.”
    Also at the April meeting, board members voted to:
    • Oppose LD 1212, “An Act to Clarify the Role of Public Comment in the Agency Decision-making Process.” This bill amends the Maine Administrative Procedure Act to require an agency to report the ratio of the persons submitting comments in support of and persons in opposition to a proposed rule during the public comment period and also to require that the agency provide an explanation to the Legislative Council as to why the rule needs to be adopted as written if the proposed rule was opposed by two-thirds of the persons submitting public comments.
    • Oppose LD 1239, “An Act to Establish a Revenue Source for the Maine Pesticide Education Fund.”
This bill establishes a 15-cent per container fee on the retail sale of pesticides. The proceeds of the fee are deposited in the Maine Pesticide Education Fund, which is used to fund the Integrated Pest Management Fund, the Board of Pesticides Control, and the University of Maine Cooperative Extension for pest management education programs.
    • Oppose LD 1293, “An Act to Require Citizen Notification of Pesticide Applications Using Aerial Spray or Air-carrier Application Equipment.” This bill requires land managers to notify neighbors prior to the application of pesticides using aircraft or air-carrier equipment. It requires the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control to establish a registry of citizens for persons desiring additional information when pesticides are being applied using aircraft or air-carrier equipment within 1,320 feet of land owned, leased or resided upon by those persons.
    • Oppose LD 1294, “An Act to Amend the Laws Governing the Public Hearing Process for the Board of Pesticides Control.” This bill requires the Board of Pesticides Control to hold a public hearing on the application for registration of certain pesticides and also on the application for registration of a product that contains a plant-incorporated protectant.
    • Oppose LD 1453, “An Act to Reform Natural Resources Agencies and establish the Department of Natural Resources.” Drafted by Gov. John E. Baldacci, the purpose of this bill is to reorganize the current Department of Agriculture, Food and Rural Resources, Department of Inland Fisheries and Wildlife, Department of Conservation and Department of Marine Resources into one Department of Natural Resources, effective July 1, 2009, and provide for the transition.
    The Department of Natural Resources is established to improve agriculture and strengthen rural life; enhance inland fisheries and wildlife resources; enhance the land resources of the state, including through coordinated planning for the future allocation of lands for recreational, forest production, mining and other public and private uses; and conserve and develop marine and estuarine resources including for coastal fishing industries. The bill authorizes the appointment of an acting Commissioner of Natural Resources and directs the acting commissioner to develop a plan for the organization of the new department and implementing legislation.
    “Agriculture will end up with the nasty end of the stick [if this passes],” said Flannery. “Agriculture will lose, and I honestly think we shouldn’t support it. The governor seems intent on forcing the issue. I think there’s going to be a Battle Royal in Augusta on this one.”
    • Support LD 1270, “Resolve to Realign Maine’s Natural Resource Agencies.” This resolve directs the commissioners of the Department of Conservation, the Department of Agriculture, Food and Rural Resources, the Department of Marine Resources and the Department of Inland Fisheries and Wildlife to reconfigure their departments. The bill also requires the departments to come up with a plan to reorganize the four departments.
    Flannery and Tim Hobbs, director of development and grower relations, were planning on attending many upcoming hearings to lobby the Maine Potato Board’s stand on the various proposed bills.