APPROVED CHAPTER
MAY 2, 2022 688
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
H.P. 654 - L.D. 898
An Act To Create the Essential Support Workforce Advisory Committee
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §12004-I, sub-§54-E is enacted to read:
54-E.
Labor Essential Support Workforce Not Authorized 26 MRSA §3702
Advisory Committee
Sec. 2. 26 MRSA c. 47 is enacted to read:
CHAPTER 47
ESSENTIAL SUPPORT WORKFORCE ADVISORY COMMITTEE
§3701. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Benefit cliff effect. "Benefit cliff effect" means the situation that arises when an
individual or family receiving state, federal or local public benefits has a new or increased
income that results in a loss of any of those public benefits and the increased income does
not fully compensate for, or exceed, the financial loss of those public benefits.
2. Essential support worker. "Essential support worker" has the same meaning as in
Title 22, section 7401, subsection 3.
§3702. Essential Support Workforce Advisory Committee
1. Advisory committee established. The Essential Support Workforce Advisory
Committee, as established in Title 5, section 12004-I, subsection 54-E and referred to in
this chapter as "the advisory committee," is established to advise the Legislature, the
Governor and state agencies on the State's shortage of essential support workers.
Page 1 - 130LR1703(03)
2. Membership. The advisory committee consists of 14 members, appointed as
follows:
A. One member of the Senate, appointed by the President of the Senate;
B. One member of the House of Representatives, appointed by the Speaker of the
House;
C. The Commissioner of Health and Human Services or the commissioner's designee;
D. The Commissioner of Labor or the commissioner's designee;
E. One member representing an organization providing services to persons with
intellectual disabilities and autism who is a member of a statewide association of
providers of services to persons with intellectual disabilities and autism, appointed by
the President of the Senate;
F. One member representing a facility-based long-term care provider who is a member
of a statewide association of facility-based long-term care providers, appointed by the
President of the Senate;
G. One member representing a service coordination agency for people receiving home-
based and community-based long-term care, appointed by the President of the Senate;
H. One member representing an organization providing statewide homemaker services
through a state-funded, independent, support service program, appointed by the
President of the Senate;
I. One member representing an institution of higher education engaged in workforce
development, appointed by the President of the Senate;
J. One member representing a career and technical education center or region,
appointed by the Speaker of the House;
K. One member representing an organization promoting independent living for persons
with disabilities, appointed by the Speaker of the House;
L. One member who is an essential support worker, appointed by the Speaker of the
House;
M. One member representing a statewide advocacy association that broadly advocates
for people who are entitled to receive essential support worker services, appointed by
the Speaker of the House; and
N. One member representing an organization providing services to persons with
behavioral health challenges who is a member of a statewide association of providers
of services to persons with behavioral health challenges, appointed by the Speaker of
the House.
3. Meetings. The advisory committee may meet as often as necessary but shall meet
not fewer than 3 times a year.
4. Chairs. At its first meeting, the advisory committee shall select a chair and vice-
chair from among its members and may select a new chair and vice-chair annually.
5. Terms of appointments. Members of the advisory committee, except for
Legislators, are appointed for terms of 3 years and may serve beyond their designated terms
Page 2 - 130LR1703(03)
until their successors are appointed. The terms of appointment of Legislators run
concurrently with their respective legislative terms of office.
6. Legislative members not entitled to compensation. Notwithstanding Title 3,
section 2 or any other law to the contrary, legislative members are not entitled to per diem
pay or expenses for any advisory committee meetings the member attends.
7. Staffing. The Department of Labor shall provide staff support for advisory
committee meetings and may provide other support to the advisory committee. To the
extent funding is available, the advisory committee may contract for staff services as
needed.
8. Duties and powers. The advisory committee shall:
A. Collaborate with the Department of Labor, the Department of Health and Human
Services, the State's institutions of higher education, the State's adult education
programs and career and technical education centers and regions and any other state
agencies to examine staffing level needs in the essential support workforce, including
entities funded by the State and through the MaineCare program;
B. Make recommendations to state agencies and the Legislature related to recruitment
and retention of essential support workers;
C. Monitor essential support worker shortages and the expansion of the essential
support workforce to examine if actions taken to promote expansion in the essential
support workforce have been successful;
D. Make recommendations to the Department of Labor, the Department of Health and
Human Services, the Legislature and other state agencies regarding additional research
needed to further the expansion of the essential support workforce;
E. Collect data related to the essential support workforce;
F. Examine benefit cliff effects on essential support workers and recommend and
develop a pilot project to mitigate benefit cliff effects on essential support workers; and
G. Make recommendations to the Legislature, including any suggested legislation.
9. Departments to provide updates. The Department of Labor and the Department
of Health and Human Services shall provide quarterly updates to the advisory committee
regarding their efforts to expand the State's essential support workforce.
10. Report to Legislature. Beginning January 1, 2023 and annually thereafter, the
advisory committee shall submit a report to the joint standing committees of the Legislature
having jurisdiction over labor matters and health and human services matters on its
activities under this chapter.
11. Funding. The advisory committee may seek, accept and expend outside funding
to carry out its duties. The advisory committee may accept funds from the Federal
Government pursuant to the federal American Rescue Plan Act of 2021, Public Law 117-
2, to the extent the funds are eligible to be used for the purposes of the advisory committee
in accordance with federal law and regulations.
§3703. Repeal
This chapter is repealed January 1, 2028.
Page 3 - 130LR1703(03)
Sec. 3. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 26,
section 3702, subsection 5, initial appointments to the Essential Support Workforce
Advisory Committee must be staggered as follows:
1. One member appointed by the President of the Senate must be appointed for a one-
year term; one member must be appointed for a 2-year term; and 3 members must be
appointed for 3-year terms; and
2. One member appointed by the Speaker of the House must be appointed for a one-
year term; one member must be appointed for a 2-year term; and 3 members must be
appointed for 3-year terms.
Sec. 4. Appropriations and allocations. The following appropriations and
allocations are made.
LABOR, DEPARTMENT OF
Employment Services Activity 0852
Initiative: Provides funds for one part-time Labor Program Specialist position and related
All Other costs to provide staffing and other support to the Essential Support Workforce
Advisory Committee through January 1, 2028.
GENERAL FUND 2021-22 2022-23
POSITIONS - FTE COUNT 0.000 0.250
Personal Services $0 $18,249
All Other $0 $10,789
__________ __________
GENERAL FUND TOTAL $0 $29,038
Workforce Research Z164
Initiative: Provides funds for one part-time Statistician II position and related All Other
costs to support the collection of data for the Essential Support Workforce Advisory
Committee through January 1, 2028.
GENERAL FUND 2021-22 2022-23
POSITIONS - FTE COUNT 0.000 0.250
Personal Services $0 $13,748
All Other $0 $3,649
__________ __________
GENERAL FUND TOTAL $0 $17,397
LABOR, DEPARTMENT OF
DEPARTMENT TOTALS 2021-22 2022-23
GENERAL FUND $0 $46,435
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $0 $46,435
Page 4 - 130LR1703(03)