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Weekly Rulemaking Notices Contact Us Find It

July 20, 2005
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 355, Coastal Sand Dune Rules
PROPOSED RULE NUMBER: 2005-P147
CONCISE SUMMARY: In June, 2003, the Board of Environmental Protection provisionally adopted amendments to Ch. 355, Coastal Sand Dune Rules. The provisionally adopted rules were considered by the Legislature in 2004.
The Legislature approved the provisionally adopted rules and further enacted a resolve that established a stakeholder group to address certain sections of the rules. The stakeholder group considered a range of issues dealing with the reconstruction of storm damaged structure, seawalls, the definition of high velocity flooding areas, mitigation requirements, standards for beach nourishment and a number of changes to definitions contained in the rules. The proposed amendments provide for increased flexibility for landowners and for improvements to the environment of Maine's coastal sand dune systems.
The proposed amendments: 1) establish stricter standards for reconstruction of buildings severely damaged from wave action from ocean storms in frontal dune areas outside of V Zones; 2) require that all reconstructed buildings in frontal dunes to be moved back to the extent practicable; 3) require a permit to be applied for within a specified time period after emergency measures are taken to protect a threatened or damaged seawall; 4) require the use of the most current mapped V Zone in determining compliance with applicable standards; 5) amend the definitions of coastal wetland and significant wildlife habitat to reflect recent statutory changes; 6) establish mitigation and enhancement measures for all projects; 7) establish new standards for large beach nourishment projects; 8) allow construction of elevators and ramps for handicap access without a requirement to meet the requirements of the American Disabilities Act (ADA); and 9) allow modifications to existing seawalls.
The draft rule may be viewed at www.maine.gov/dep/blwq/topic/dunes/index.htm or a copy may be obtained by contacting Barbara Rancourt at (207) 287-8765.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 341-D(1)
PUBLIC HEARING: 1:00 p.m., Thursday, August 11, 2005, Holiday Inn Portland, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on August 25, 2005. Comments may be submitted by mail at the address below, by fax at (207) 287-7191 or bye-mail to Jeff.G.Madore @maine.gov
AGENCY CONTACT PERSON: Jeff Madore, Department of Environmental Protection, Bureau of Land and Water Quality, 17 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7848


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 930, Solar Energy Rebate Program
PROPOSED RULE NUMBER: 2005-P148
CONCISE SUMMARY: To implement the solar energy rebate program, including procedures and standards for demonstrating qualifications for a solar energy system rebate.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1301, 3211-B
PUBLIC HEARING: August 11, 2005, MPUC, 1:30 p.m.
DEADLINE FOR COMMENTS: August 21, 2005
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-3831


ADOPTIONS

AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 51, Child Nutrition Programs in Public Schools and Institutions
ADOPTED RULE NUMBER: 2005-280
CONCISE SUMMARY: The Department of Education is proposing amendments to Ch. 51 - Child Nutrition Programs in Public Schools and Institutions. This rule contains the requirements that supplement federal regulations pertaining to the National School Lunch Program, the After School Snack Program, the School Breakfast Program and the School Milk Program. Proposed amendments would prohibit the sale of foods and beverages of minimal nutritional value, as defined by federal regulation, at any time on school property of a school participating in any of the child nutrition programs. An amendment is proposed that would allow an exception to the above for school staff, the public at community events sponsored by the school, and in State-approved Career and Technical Education (CTE) Programs but only under policy established by the local school board or the CTE board. The rule would require that funds from the sale of food and beverages at any time on school property, must accrue to the benefit of the school's food service program unless an exception is provided under local school board or CTE board policy.
EFFECTIVE DATE: July 17, 2005
AGENCY CONTACT PERSON: Judith Malcolm, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6845


AGENCY: 29-255 - Secretary of State, Maine State Archives
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Disposition of Local Government Records
ADOPTED RULE NUMBER: 2005-281
CONCISE SUMMARY: These rules set retention periods and provide disposition authorization for the records of local government agencies. They are being amended to provide retention periods and disposition authorization for records not now covered; clarify standards for approval of alternative repositories for local government records; and clarify standards for records vault construction.
EFFECTIVE DATE: October 1, 2005
AGENCY CONTACT PERSON: Nina M. Osier, Secretary of State - Maine State Archives, 84 State House Station, Augusta, ME 04333-0084
TELEPHONE: (207) 287-5799


AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Certification, Community Services Licensing
CHAPTER NUMBER AND TITLE: Ch. 19-A, Rules for the Licensing Child Placing Agencies with and without Adoption Programs - Private Non-Medical Institutions
ADOPTED RULE NUMBER: 2005-282
CONCISE SUMMARY: Pursuant to 22 MRSA 7853, the Department of Health and Human Services is promulgating the proposed rules for Private Non-Medical Institutions. Private Non-Medical Institutions are a category of licensed Child Placing Agencies with and without Adoption Programs that receive MaineCare funding.
EFFECTIVE DATE: July 1, 2004
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director,
AGENCY NAME: Division of Licensing and Certification - Community Services Program Licensing, #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5250
TOLL FREE: 1 (800) 791-4080
TOLL FREE TTY: 1 (888) 720-1925


AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Certification Community Services Licensing
CHAPTER NUMBER AND TITLE: Ch. 18-A, Regulations Governing the Licensing and Functioning of Residential Child Care Facilities - Private Non-Medical Institutions.
ADOPTED RULE NUMBER: 2005-283
CONCISE SUMMARY: Pursuant to 22 MRSA 7853, the Department of Health and Human Services is promulgating the proposed rules for Private Non-Medical Institutions. Private Non-Medical Institutions are a category of licensed Residential Child Care Facilities that receive MaineCare funding.
EFFECTIVE DATE: July 1, 2004
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director
AGENCY NAME: Division of Licensing and Certification - Community Services Program Licensing, #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5250
TOLL FREE: 1 (800) 791-4080
TOLL FREE TTY: 1 (888) 720-1925