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Home > Weekly Rule-making Notices > October 19, 2011

October 19, 2011

WEEKLY NOTICES 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 internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2011-P216
CONTACT PERSON FOR THIS FILING / IF&W RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARINGS:
Presque Isle: November 1, 2011 @ 6:30 p.m. – Presque Isle Inn & Convention Center, 116 Main Street
Millinocket: November, 2, 2011 @ 6:30 p.m. – Stearns High School, Library, 199 State Street
Ellsworth: November 7, 2011 @ 6:30 p.m. – Ramada Ellsworth, 215 High Street, Route 1 & 3
Brunswick: November 8, 2011@ 6:30 p.m. – Brunswick High School, Multi-Purpose Room, 116 Maquoit Road
Rangeley: November 9, 2011 @ 6:30 p.m. – Rangeley Lakes Regional School, 43 Mendolia Road
COMMENT DEADLINE: November 21, 2011
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine’s inland fisheries, and enhance fishing opportunities throughout the State. All of the proposals may be discussed at any of the 5 public hearings listed above. The list of proposals may be obtained from the Agency Contact Person or online at: http://www.maine.gov/ifw/laws_rules/rulemaking_proposals.htm . Anyone unable to attend a public hearing may submit written comments on any of the proposals.
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .



AGENCIES:
05-071 - Department of Education, jointly with
94-376 - Maine Municipal Bond Bank
CHAPTER NUMBER AND TITLE: Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund
PROPOSED RULE NUMBER: 2011-P217, P218
CONTACT PERSON FOR THIS FILING: Ann Pinnette, Maine Department of Education, 23 State House Station, Augusta, ME 04333-0023. Telephone: (207) 624-6885. E-mail: Ann.Pinnette@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: Tuesday, November 8, 2011, 1:00 p.m. to 2:00 p.m. Room 105 of the Cross Office Building, 111 Sewall Street, Augusta, Maine.
COMMENT DEADLINE: 5:00 p.m. Friday, November 18, 2011
BRIEF SUMMARY: Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund, governs the requirements for approval of loans from the School Revolving Renovation Fund. The revisions amend the rules to conform with recent amendments to 30-A MRSA §§ 5953-E and 6006-F. Eligible priority one projects are amended to include removal or abatement of hazardous materials. A new funding priority is created to address repairs and improvements related to energy and water conservation. Criteria for rating energy and water conservation projects are established. The maximum loan amount per school per priority is amended to be $1 million within any 5-year period.
DETAILED BASIS STATEMENT / SUMMARY: Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund, governs the requirements for approval of loans from the School Revolving Renovation Fund. The revisions amend the rules to conform with 30A MRSA §§ 5953-E and 6006-F.
In Section 1 definitions of avoided costs, educational specifications, energy and water conservation project, and hazardous material are added. The definition for renovation project is amended to include repairs and improvements related to energy and water conservation.
In Section 2 the components of a ten year capital improvement plan are modified. Language regarding commitment of resources to maintenance and capital improvement plans is clarified.
In Section 4 Priority One projects are amended to include removal or abatement of hazardous materials. A new Priority Three category is added to address energy and water conservation projects. The priority of funding is amended to allow the Commissioner of Education to determine which priorities will be funded. The language pertaining to the application process and supporting materials is updated. The criteria for rating Priority One and Two projects is amended to include code violations. Criteria for rating Priority Three projects are added. Priority Four projects are to be rated based on Ch. 61 Rules. Language is added to require competitive bidding for projects valued at more than $100,000. The forgiveness rate is corrected to be no more than 70% and no less than 30% for all projects. The maximum loan amount to address each priority in a school building is amended to be $1 million within any 5 year period.
Language is modified throughout for clarity and obsolete language is deleted.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA §§ 5953-E and 6006-F
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITES: Education: http://www.maine.gov/education/index.shtml . Bond Bank: http://www.mmbb.com/ .
RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 101, Exempt Sales of Cigarettes
PROPOSED RULE NUMBER: 2011-P219
CONCISE SUMMARY: Maine Revenue Services is proposing the repeal of Rule 101. This rule is unnecessary because the standard interest rate charged on overdue tax payments is established pursuant to statute; Title 36 §186 provides that the rate of interest for any calendar year equals the prime rate rounded up to the next whole percent, plus 3 percentage points. Maine Revenue Services can adequately establish this rate each year, and provide timely and effective notice to taxpayers and taxpayer representatives, without going through the formal rulemaking process.
RULE TITLE OR SUBJECT: Ch. 313, Classified Permits
PROPOSED RULE NUMBER: 2011-P220
CONCISE SUMMARY: Maine Revenue Services is proposing the repeal of Rule 313. This rule is unnecessary because Title 36 §1951-A has been amended to repeal the authority of the State Tax Assessor to issue classified permits (whereby certain small retailers were granted a waiver of the requirement to report all of their nontaxable sales, and instead allowed to establish a “default” percentage of taxable vs. exempt sales on their sales tax returns); see Ch. 285, PL 2011, Ch. 285, effective September 28, 2011. The handful of remaining classified permit holders have been administratively grandfathered, and MRS has explained to the retailers in question and to the Taxation Committee that these few remaining permits will continue to be honored.
REPEALING THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: November 23, 2011
AGENCY CONTACT PERSON: David Bauer, Tax Policy Analyst, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
DAFS RULE-MAKING LIAISON: Sandra.J.Harper@Maine.gov .



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 895, Underground Facility Damage Prevention Requirements
PROPOSED RULE NUMBER: 2011-P221
CONTACT PERSON FOR THIS FILING: Matt Kaply, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-8519. E-mail: Matthew.S.Kaply@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: November 10, 2011, 1:30 - Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: November 20, 2011 -- However, the Commission requests that comments be filed by November 4, 2011 to allow for follow-up inquiries during the hearing; supplemental comments may be filed until November 18, 2011.
BRIEF SUMMARY: The purpose of this proceeding is to make proposed changes based on the results of a stakeholder process conducted at the Legislature’s instruction pursuant to PL 2011, ch. 72, An Act to Clarify Dig Safe Standards.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 23-A MRSA §3360-A, 35-A MRSA §§ 104 and 111; Resolve 2005, ch. 184, Resolves 2011, ch. 31, PL 2011, ch. 72
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 316, Long-term Contracting and Resource Adequacy
PROPOSED RULE NUMBER: 2011-P222
CONTACT PERSON FOR THIS FILING: Mitchell Tannenbaum, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1391. E-mail: Mitchell.Tannenbaum@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: November 9, 2011, 10:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: November 23, 2011. However, the Commission requests that comments be filed by November 4, 2011, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2011-348 and be sent to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333.
BRIEF SUMMARY: The PUC initiates a proceeding to consider amendments to our long-term contracting rule (Ch. 316) as directed by the Legislature.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§104, 111, 3210-C, 3210-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 94-649 - Maine Commission on Indigent Legal Services
CHAPTER NUMBER AND TITLE: Ch. 101, Standards of Practice for Attorneys who Represent Juveniles in Juvenile Court Proceedings
PROPOSED RULE NUMBER: 2011-P223
BRIEF SUMMARY: This rule establishes standards of practice for assigned counsel providing representation in juvenile cases.
DETAILED BASIS STATEMENT / SUMMARY: This Chapter establishes standards of practice for Commission assigned counsel providing representation in juvenile cases. Theses standards are intended to guide assigned counsel in the conduct of their representation and for use by the Commission in evaluating, supervising and training assigned counsel.
CHAPTER NUMBER AND TITLE: Ch. 102, Standards of Practice for Attorneys who Represent Adults in Criminal Proceedings
PROPOSED RULE NUMBER: 2011-P224
BRIEF SUMMARY: This rule establishes standards of practice for assigned counsel providing representation in adult criminal cases.
DETAILED BASIS STATEMENT / SUMMARY: This Chapter establishes standards of practice for Commission assigned counsel providing representation in adult criminal cases. These standards are intended to guide assigned counsel in the conduct of their representation and for use by the Commission in evaluating, supervising and training assigned counsel.
CHAPTER NUMBER AND TITLE: Ch. 103, Standards of Practice for Attorneys who Represent Parents in Child Protective Cases
PROPOSED RULE NUMBER: 2011-P225
BRIEF SUMMARY: This rule establishes standards of practice for assigned counsel providing representation to parents in child protection cases.
DETAILED BASIS STATEMENT / SUMMARY: This Chapter establishes standards of practice for Commission assigned counsel providing representation to parents in child protective proceedings. Theses standards are intended to guide assigned counsel in the conduct of their representation and for use by the Commission in evaluating, supervising and training assigned counsel.
CONTACT PERSON FOR THESE FILINGS / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: John D. Pelletier, Esq., MCILS, 154 State House Station, Augusta, ME 04333-0154. Telephone: (207) 287-3257. Fax: (207) 287-3293. E-mail: John.Pelletier@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: November 8, 2011 – 1:00 p.m., Judiciary Committee Room, 438, State House, Augusta, ME
COMMENT DEADLINE: November 18, 2011
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THESE RULES: 4 MRS §1804(2)(C), §1804(2)(D), §1804(2)(E), §1804(3)(D), §1804(4)(D)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: www.maine.gov/mcils .


ADOPTIONS



AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 122, Chlorine and Chlorine Dioxide Emission Standard
ADOPTED RULE NUMBER: 2011-362 (repeal)
CONCISE SUMMARY: This regulation established an emission limit for bleach plants of pulp and paper mills. The Department repealed this rule because Federal regulation 40 CFR Part 63 Subpart S (63.445), which includes the Maximum Available Control Technology (MACT) Requirements for air toxics, is applicable now and is more comprehensive than Ch 122.
EFFECTIVE DATE: October 16, 2011
AGENCY CONTACT PERSON: Carolyn Wheeler, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. E-mail: Carolyn.Wheeler@Maine.gov .
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 135, Hexavalent Chromium Particulate Emission Standard
ADOPTED RULE NUMBER: 2011-363 (repeal)
CONCISE SUMMARY: The Department has repealed this rule which established a limitation on the amount of hexavalent chromium allowed to be emitted from any potential source of hexavalent chromium and a limitation of the amount of total chromium until a technique for measuring hexavalent chromium can be demonstrated. This rule was repealed because the Maine Center for Disease Control guideline has been updated since the adoption of this standard and the guideline is more protective and reflects more recent scientific/health information.
EFFECTIVE DATE: October 16, 2011
AGENCY CONTACT PERSON: Jeffrey Crawford, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. E-mail: Jeff.S.Crawford@Maine.gov .
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 155, Portable Fuel Container Spillage Control
ADOPTED RULE NUMBER: 2011-364 (repeal)
CONCISE SUMMARY: The Department has repealed this rule because it has been superseded by federal requirements. Beginning in 2009, all portable fuel containers sold nationwide were subject to minimum VOC and hazardous air pollutant control requirements that are more stringent than the Department's rule.
EFFECTIVE DATE: October 16, 2011
AGENCY CONTACT PERSON: Jeffrey Crawford, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. E-mail: Jeff.S.Crawford@Maine.gov .
WEBSITE: http://www.maine.gov/dep/index.shtml .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 374, Rules Regarding the Traffic Movement Standard of the Site Location of Development Law
ADOPTED RULE NUMBER: 2011-365 (repeal)
CONCISE SUMMARY: Ch. 374 as adopted in 1979 and last amended in 1997 was intended to establish standards for the traffic movement standard of the Site Location of Development Law. The Department has repealed Ch. 374 in its entirety because the traffic movement standard of the Site Law was repealed in 1999. Statutory authority for traffic permitting was transferred to the Maine Department of Transportation which has its own rules for the review of traffic applications.
EFFECTIVE DATE: October 17, 2011
AGENCY CONTACT PERSON: Michael Mullen, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 446-1611. E-mail: Mike.Mullen@Maine.gov .
WEBSITE: http://www.maine.gov/dep/index.shtml .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 650, Damage Claims — Oil Conveyance Fund
ADOPTED RULE NUMBER: 2011-366 (repeal)
CONCISE SUMMARY: The department has repealed this rule chapter. The chapter sets forth procedures for the filing and processing of claims for damages from the discharge of oil but those procedures are outdated and do not represent current practice. Persons suffering property or actual economic damage from oil leaks and spills remain eligible for coverage of those damages as outlined under the statutes governing the Maine Coastal and Inland Surface Oil Clean-up Fund (see 38 MRSA §551, sub-§2) and the Ground Water Oil Clean-up Fund (see 38 MRSA §569-A, sub-§2).
EFFECTIVE DATE: October 17, 2011
AGENCY CONTACT PERSON: John James, DEP-BRWM, 17 State House Station, Augusta, ME 04330. Telephone: (207) 287-7866. E-mail: John.James@Maine.gov .
WEBSITE: http://www.maine.gov/dep/index.shtml .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 306, Uniform Information Disclosure and Informational Filing Requirements
ADOPTED RULE NUMBER: 2011-367
CONCISE SUMMARY: The PUC adopts amendments our uniform information disclosure rule, Ch. 306, to remove the requirement for Competitive Electricity Providers (CEPs) and transmission and distribution (T&D) utilities (with respect to standard offer service) to distribute by mail quarterly information disclosures to customers. This rulemaking is in response to recent legislation that eliminated the statutory requirement for CEPs to periodically provide or distribute customer information disclosures.
EFFECTIVE DATE: October 19, 2011
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/



AGENCY: 04-061 – Department of Conservation, Maine Land Use Regulation Commission (LURC)
CHAPTER NUMBER AND TITLE: Ch. 4, Rules of Practice
ADOPTED RULE NUMBER: 2011-368
CONCISE SUMMARY: Ch. 4 Rules of Practice apply to procedures of the Land Use Regulation Commission including the adoption and amendment of rules, land use standards and district boundaries, and the processing of all applications made to the Commission. The adopted changes revise language pertaining to demonstration of adequate title, right, or interest (TRI) for applications, determination of application completeness, timeframes for processing certain types of applications, and notice requirements in conformance with the Administrative Procedure Act.
EFFECTIVE DATE: October 20, 2011
AGENCY CONTACT PERSON: Susan Burns, Maine Land Use Regulation Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4969. E-mail: Susan.Burns@Maine.gov .
WEBSITE: http://www.maine.gov/doc/lurc/index.shtml .
CONSERVATION RULE-MAKING LIAISON: Dan.Burke@Maine.gov .