What began the recent legislative session as one of the most controversial issues — reforming the chemical regulation law — ended on a positive note with the unanimous passage of legislation that Gov. Paul LePage signed to fix Maine’s chemical safety law.
The Maine Chamber would like to thank its sponsor, Rep. James Hamper, and Sen. Seth Goodall, the sponsor of a competing measure, for coming to the table with open minds to address everyone’s concerns and create a process to protect children.
It was a victory for those who want Maine to be both a healthy and a prosperous place to live.
Kudos to members of the Legislature, especially the Environment and Natural Resources Committee, for recognizing the flaws in the original legislation and working to find solutions that achieve both the goals.
More recently, though, it appears that politics has reared its ugly head.
On behalf of our business stakeholders, members of the Maine Chamber of Commerce entered into a good-faith negotiation with environmental stakeholders — led by the Environmental Health Strategy Center. The negotiation was regarding needed changes to the 3-year-old Kid-Safe Products Act, which was an overly broad law that, if not changed, would have severely hurt Maine businesses and its economy.
That was a negotiation in the truest sense. We did not get all we advocated for, nor did the other side. But, the final product was one that everyone agreed upon and it received unanimous support. In fact, I sat shoulder to shoulder with the EHSC and presented the compromise to the Environment and Natural Resources Committee.
It was highly disappointing to participate in the process and then, as soon the Legislature adjourned, our friends on the other side of the negotiating table began immediately throwing rocks. That might be how it is done in California or New York, but not in Maine. We all need to work with the process on the agreement we reached, and if there are issues then sit back down together at the table.
However, since reaching a “reasonable compromise on LD 1129,” the Environmental Health Strategy Center has engaged in tactics that seem to be pulled directly from its nationally focused playbook.
It appears now that our once-partners across the table have gone back to an “us versus them” mentality, where scoring political points is more important than sound public policy.
That tactic does not belong in Maine.
From the beginning of the process, the chamber has said we believe the Kid-Safe Products Act, as amended by LD 1129, should be about protecting children and helping the Department of Environmental Protection focus on those chemicals and exposures of highest concern. It should not be about advancing someone’s national reputation.
We are now just six weeks from the signature of LD 1129 without time to see the changes we enacted take effect and the EHSC has already published incendiary statements suggesting that the Kid-Safe Products Act is unfairly being undermined at DEP by industry and politics.
Such tactics seem only to further a dialogue that is not supportive of compromise and collaboration, but instead hopes to intimidate and skew policy.
The chamber is not willing to let Maine and its economy be a guinea pig for such national tactics. The one-side perspective and national attention sought by EHSC, and its goal of passing a new federal chemical regulation law, is not in Maine’s best interest and should not be allowed to influence state laws.
It is unfortunate and very disappointing when national agendas show up in local discussions. We do not believe that the DEP acted inappropriately during the current implementation of the Kid-Safe Products Act. However, we also believe that the DEP must develop a clear process and plan for integrating the positive fixes of LD 1129.
The chamber believes that the DEP is justified in taking steps to make sure the Kid-Safe Products Act is an unbiased program that understands how this law relates to businesses that make and sell products in Maine. DEP is also justified in streamlining its programs, given the current strains on the state’s budget and economy.
The chamber continues to value the role that it has played in developing a reasonable compromise to fix the original legislation that nearly everyone involved with these talks described as a flawed and broken law.
We look forward to working with the DEP in implementing the changes. Finally, we assert that, for Maine to continue forward, we all must put aside inflammatory rhetoric and work toward a common purpose of protecting children while safeguarding the economy.
That is the Maine way.
Ben Gilman is senior governmental affairs specialist for the Maine Chamber of Commerce.
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