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Home > Weekly Rule-making Notices > September 12, 2012

September 12, 2012

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: 29-255 – Secretary of State, Maine State Archives
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Disposition of Local Government Records
PROPOSED RULE NUMBER: 2012-P199
BRIEF SUMMARY:
Item 1 - It is proposed to correct Schedule G.72 (Licenses and Permits). Also, Municipalities are considered an issuing authority to issue concealed weapon permits. The permit alone is to be made available for public inspection and is not considered confidential; the documentation and application for the permit are considered confidential.
Item 2 - Access to Vital Records law which passed in September 2010 now requires that requestor of vital events meet requirements for requesting record (proof of direct and legitimate interest).
DETAILED BASIS STATEMENT / SUMMARY:
Item 1
Currently Ch. 10, Rules for Disposition of Local Government Records, states:
G.72. Weapons, Concealed - Obsolete– Permit to carry a concealed weapon, including the related case file. This is now done by the Dept. of Public Safety, so retention period applies to those permits and case files still on site at municipalities. Also, the retention schedule lists the permits and the related case file as not confidential.
Change:
G.72. Weapons, Concealed – Issuing authorities (including municipalities – 25 MRSA §2002) permitted by law to issue concealed handgun permits must make a permanent record of such permit available for public inspection. The documentation and application for the permit are considered confidential and are not available for public inspection.
Per 25 MRSA §2002, municipalities can be “issuing authorities,” i.e., authorities permitted by law to issue concealed handgun permits. An “issuing authority” is defined under the applicable statute as follows (see in particular paragraph A, subparagraph 1 of subsection 9):
9. Issuing authority. "Issuing authority" means the following:
A. To a legal resident of a municipality:
(1) The mayor and municipal officers or councilors of a city, the municipal officers or councilors of a town or the assessors of a plantation or, if they so choose, their full-time chief of police as their designee; or
(2) The Chief of the State Police as the designee of the municipal officers under section 2002-A;
B. To a resident of an unorganized territory:
(1) The Chief of the State Police;
C. To a nonresident:
(1) The Chief of the State Police; and
D. To a professional investigator licensed under Title 32, chapter 89:
(1) The Chief of the State Police.
The records described below in the first sentence of the first paragraph of 25 MRSA §2006, are confidential as a matter of law, and must be treated by each issuing authority as such:
§2006. Confidentiality of application
Notwithstanding Title 1, sections 401 to 410, all applications for a permit to carry concealed handguns and documents made a part of the application, refusals and any information of record collected by the issuing agency during the process of ascertaining whether an applicant is of good moral character and meets the additional requirements of sections 2003 and 2005 are confidential and may not be made available for public inspection or copying. The applicant may waive this confidentiality by written notice to the issuing authority. All proceedings relating to the issuance, refusal or revocation of a permit to carry concealed handguns are not public proceedings under Title 1, chapter 13, unless otherwise requested by the applicant.
The issuing authority shall make a permanent record of each permit to carry concealed handguns in a suitable book or file kept for that purpose. The record must include the information contained in the permit itself and must be available for public inspection.
Item 2
Currently Vital Records Schedule P.05 states that Title 22 §2706 allows disclosure of date of death, name, age and location by city or town where death occurred. The rest of the death record is confidential. The Access to Vital Records law, which passed in September 2010 (Title 22 §2706), now requires that the requestor of vital events meet requirements for requesting record (proof of direct and legitimate interest). This law is now the way by which municipalities conduct business relating to vital events; their schedules should read as such.
Change:
Title 22 §2706 allows disclosure of date of death, name, age and location by city or town where death occurred. The rest of the death record is confidential. "Closed Records" Title 22 §2706 Requestor must meet requirements for requesting record (proof of direct and legitimate interest).
PUBLIC HEARING: None
COMMENT DEADLINE: October 12, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Tammy Marks, 84 State House Station, 230 State Street, Augusta, ME 04333. Telephone: (207) 287-5799. E-mail: Tammy.Marks@Maine.gov . Website: http://www.maine.gov/sos/arc/index/html .
IMPACT ON MUNICIPALITIES OR COUNTIES: Item 1 – None; Item 2 - Access to Vital Records law which passed in September 2010 requires municipalities to determine if requestor meets the requirements for requesting a record. This law is now the way by which municipalities conduct business relating to vital events; their schedules should read as such.
STATUTORY AUTHORITY FOR THIS RULE: Item 1 - 22 MRSA §§ 2002, 2006; Item 2 - Title 22 §2706, Sec. 5
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 3, Rules Governing the Conduct of Licensing Hearings (also repeals Ch. 20, Hearings on Applications, and Ch. 30, Special Regulations for Hearings on Applications of Significant Public Interest)
PROPOSED RULE NUMBER: 2012-P200, P210, P211
BRIEF SUMMARY: The proposed rule sets forth the procedures that will be followed by the Commissioner and Board when conducting a hearing in a licensing proceeding consistent with the requirements of the Maine Administrative Procedure Act and Department statutes. New Ch. 3 will replace repealed Ch. 20 and 30 which are outdated and no longer comply with the Maine Administrative Procedure Act.
PUBLIC HEARING: Thursday, October 4, 2012 at 1:00 p.m.; Calumet Club, 334 West River Road, Augusta, Maine
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., October 19, 2012. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Cynthia Bertocci, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-2452. Fax: (207) 287-7641. Cynthia.S.Bertocci@Maine.gov. The department website for rule-making info is www.maine.gov/dep/rules .
IMPACT ON MUNICIPALITIES OR COUNTIES: None. The rule does not impose any new regulatory requirements.
STATUTORY AUTHORITY FOR THE RULE:
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 355, Coastal Sand Dune Rules
PROPOSED RULE NUMBER: 2012-P201
BRIEF SUMMARY: The existing rule will be amended to allow for reconstruction of an existing structure in a frontal dune if the dune is protected by a seawall and the structure is elevated on posts, in accordance with the direction of PL 2011, Ch. 538 §15. The rules will also be updated to extend the length of time a coastal sand dune permit is valid in accordance with the direction of Resolves 2011, Ch. 46.
PUBLIC HEARING: The department has determined that a public hearing on the proposed rule is not needed. If you believe a hearing should be held, submit a written request by the comment deadline below.
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., October 12, 2012. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Mike Mullen, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04330-0017. Telephone: (207) 446-1611. Fax: (207) 287-7826. E-mail: Mike.Mullen@Maine.gov . Website: www.maine.gov/dep/rules .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THE RULE: 38 M.R.S. §§ 341-D and 480-A et seq
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 415, Reasonable Costs for the Handling and Recycling of Electronic Wastes (Amendments)
PROPOSED RULE NUMBER: 2012-P202
BRIEF SUMMARY: This rule-making proposes minor revision to make the regulation consistent with changes made to 38 MRSA §1610 as amended by Maine’s Legislature in 2011. Additional proposed provisions clarify the categorization of covered electronic devices, provide television and game console manufacturers with the opportunity to claim recycling credits for covered electronic devices they collect and recycle from covered entities in Maine, and improve data reporting by recyclers approved by Maine DEP to participate in the extended producer responsibility program for electronic waste.
Copies of this proposal are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
PUBLIC HEARING: October 2, 2012 at 1:00 p.m. – DEP Response Building – 4 Blossom Lane, Augusta
COMMENT DEADLINE: November 2, 2012 5:00 p.m. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Carole Cifrino, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7720. Fax: (207) 287-6220. E-mail: Carole.A.Cifrino@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1610.10
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 419, Maine Solid Waste Management Rules: Agronomic Utilization of Residuals
PROPOSED RULE NUMBER: 2012-P203
BRIEF SUMMARY: The Department of Environmental Protection is posting draft changes to the Solid Waste Management Rules: Agronomic Utilization of Residuals, 06096 CMR 419. The revisions will provide for Permit-By-Rule (PBR) provisions for the agronomic utilization of Type I residuals. Additionally, the draft removes PBR provisions for the utilization of Type II residuals in accordance with 38 MRSA §1304(18).
DETAILED SUMMARY: In response to inquiries from Maine industry, the Department reviewed its requirements for site-specific licenses for the agronomic utilization of food processing residuals (a Type I residual). Type I residuals include leaf & yard waste, food waste and fish waste. It was determined that site-specific licenses should continue to be required because of the potential to impact ground and surface water but that a permit-by-rule (PBR) notification process was appropriate. This draft rule incorporates the proposed PBR provisions for the agronomic utilization of Type I residuals. Additionally, the draft removes PBR provisions for the utilization of Type II residuals in accordance with 38 MRSA §1304(18). Minor editing for formatting consistency was also completed.
PUBLIC HEARING: October 2, 2012, DEP Response Building, 4 Blossom Lane, Augusta, ME 04333
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5:00 p.m., November 2, 2012. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE: Clifton Eliason, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-6115. Fax (207) 287-7826. E-mail: Clifton.G.Eliason@Maine.gov .
WEBSITE: www.maine.gov/dep/rules .
SMALL BUSINESS CONTACT: Julie Churchill. Telephone: (207) 287-7881, E-mail: Julie.M.Churchill@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THE RULE: 38 MRSA §1304(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation (OPOR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2012-P204
BRIEF SUMMARY: The Office of Professional and Occupational Regulation (“OPOR”) proposes to: (1) eliminate or reduce application fees for alcohol and drug counselors, alcohol and drug counseling aides, architects, landscape architects, certified interior designers, chiropractors, pharmacists applying for a certificate of administration, physical therapists, physical therapist assistants, psychologists, psychological examiners, real estate appraisers, transient sellers of consumer merchandise and their employees and veterinarians; (2) reduce license fees for alcohol and drug counselors, alcohol and drug counseling aides, certified clinical supervisors, architects, landscape architects, certified interior designers, chiropractors, chiropractic assistants, pharmacists, pharmacy technicians, pharmacy student interns, physical therapists, physical therapist assistants, psychologists, psychological examiners, real estate appraisers, transient sellers of consumer merchandise and their employees and transient sellers of home repair services; (3) reduce examination qualification review fees for pharmacists, psychologists and psychological examiners; (4) clarify that all newly-licensed pharmacists, not only pharmacists licensed via reciprocity, are subject to an initial license fee; (5) clarify that pharmacists in charge are subject to an initial license fee; (6) change the method of calculating the fee for late renewal of an inactive pharmacist license; (7) change the method of calculating the fee on inactive pharmacists who move back to active status; (8) reduce the fee for approval of real estate appraiser continuing education programs and approval of continuing education program requests submitted by individual chiropractors; (9) add a $10 license fee for barbering and cosmetology trainees which was accidentally eliminated by the most recent amendment to this chapter; (10) exempt electricians’ helpers who are high school or community college students from the helper license fee; and (11) make non-substantive text changes to various fee descriptions and program headings. The proposed rule, which shows these fee changes in detail, may be downloaded from OPOR’s web site at www.maine.gov/professionallicensing .
PUBLIC HEARING: October 1, 2012, 1:30 p.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: October 11, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Jeffrey Frankel, Staff Attorney, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8615. E-mail: Jeffrey.M.Frankel@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §8003(2-A)(D); 32 MRSA §6215; 32 MRSA §222; 32 MRSA §14238; 32 MRSA §558; 32 MRSA §13724; 32 MRSA §3116A; 32 MRSA §3833-A; 32 MRSA §14012-A; 32 MRSA §14509; 32 MRSA §14708; 32 MRSA §4863-A; PL 2011, c. 650, sec. 2
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):



AGENCY: 04-061 - Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC, formerly LURC)
CHAPTER NUMBER AND TITLE: Ch. 4, Rules of Practice: Proposed Rule Changes to Conform LUPC Appeals Standards to the Judicial Appeals Standard and to Conform with Resolve Ch. 144, LD 1647, 125th Legislature
PROPOSED RULE NUMBER: 2012-P205
BRIEF SUMMARY: The Land Use Planning Commission is seeking public comment on a proposed rule change to conform LUPC appeals standards to the judicial appeals standard and to conform with Resolve, Ch. 144, LD 1647, 125th Legislature.
DETAILED BASIS STATEMENT / SUMMARY: The Legislature passed LD 1647 (Resolve, To Require Rule-making Regarding Standing to Appeal in Proceedings before the Board of Environmental Protection and the Maine Land Use Regulation Commission) to bring greater clarity and consistency to the standards for standing to appeal a decision to the Land Use Regulation Commission and to the Board of Environmental Protection. LD 1647 requires LURC to adopt a standard consistent with that used in the court system. Specifically it resolves that “the Maine Land Use Regulation Commission shall adopt rules to conform the standards for standing to appeal a decision to the commission to the judicial standards for standing to appeal a decision of the commission to court.”
Proposed Change: The Commission’s statute and rules confer standing to appeal a decision to the commission to any “person aggrieved (footnote 1).” Courts determine standing for appeals of final agency action based in large part on case law – past decisions that set precedent and establish decision making criteria based on the particular facts of the individual cases. Among the criteria the courts have relied on in those cases, is to determine whether the party seeking an appeal of a final agency action is “aggrieved.”
The term “person aggrieved” is not defined in the Commission’s statute or rules and interpretation and application of the term is subject to the discretion of the Commission. The proposed rule change would declare that it is the Commission’s intent to interpret and apply the term “person aggrieved” consistent with Maine state court decisions that address judicial standing requirements for appeals of final agency action. This means that when the commission is called on to interpret or apply the term “person aggrieved,” whether in statute or rule, it would look to the current body of Maine state court decisions to determine how to interpret the term “person aggrieved” given the particular facts and situation before it.
The proposed rule change would insert such a statement of intent into the general provisions section of Ch. 4 of the commission’s rules.
A copy of the above proposed rule changes may be viewed at the Commission’s main office at 18 Elkins Lane, Harlow Building, Augusta, Maine or may be downloaded from the agency’s web site at http://www.maine.gov/doc/lupc/. To view the proposed rule changes at the Augusta office, please call the office in advance at (207) 287-2631.

     Footnote 1 “Any person aggrieved by a decision of the staff has the right to a review of that decision by the commission.” (emphasis added). Maine Revised Statutes, Title 12, section 685-B, 1-B.
“Any person aggrieved by a decision of the commission or its staff concerning any permit application upon which no hearing was held may, within 30 days of that decision, petition the commission for a hearing.” (emphasis added). Maine Revised Statutes, Title 12, section 685-B, 3-A.
“Any person aggrieved by a decision of the staff [relating to a certificate of compliance] shall have the right to a review of such decision by the commission members within 30 days of such decision. (emphasis added). Maine Revised Statutes, Title 12, section 685-B, 8.
PUBLIC HEARING: 10 a.m., October 5, 2012; LUPC Ashland Regional Office, 45 Radar Road, Ashland, ME
COMMENT DEADLINE: Written comments October 15, 2012; rebuttal comments October 22, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Hugh Coxe, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2662. TTY: (888) 577-6690. E-mail: Hugh.Coxe@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §684; §685-A,3; §685-C, 5; and Resolve, Ch. 144, LD 1647, 125th Legislature
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
LUPC RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 04-061 - Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC, formerly LURC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Proposed Ch. 10 Rule Amendments to the Planned Development (D-PD) Subdistrict, Section 10.21,G of the Commission’s Land Use Districts and Standards as a Result of LD 1798
PROPOSED RULE NUMBER: 2012-P206
BRIEF SUMMARY: To accommodate new projects requiring rezoning to a D-PD subdistrict, and to optimize coordination with MDEP’s Site Law permit review, the Commission is proposing rule changes to the D-PD Subdistrict rules in §10.21,G, sub§§3 – Permitted Uses; 6 – Procedure; 7 – Pre-application Conference;
8 – Preliminary Development Plan; 9 – Application Fee; and 10 – Final Development Plan.
DETAILED BASIS STATEMENT / SUMMARY: On May 21, 2012, the Legislature passed LD 1798 (“An Act to Reform Planning in the Unorganized Territories”), which, among other things, revised the Maine Land Use Planning Commission’s (LUPC) Title 12 and the Maine Department of Environmental Protection’s (MDEP) Title 38 such that all new projects in the LUPC’s jurisdiction accepted for processing after September 1, 2012 that qualify for review under Site Law would be rezoned by the LUPC (if rezoning is required and the applicable criteria are satisfied), but permitted by MDEP [reference sections 14, 15, 30, 32, and 33 of LD 1798]. Such projects include large development projects that are not exempt under Site Law, and “grid-scale” wind power projects not located in the expedited permitting areas for wind power. “Grid-scale” wind power projects located in the expedited permitting area will not require a rezoning by the LUPC, and will only be reviewed by MDEP.
For large projects qualifying to be rezoned to a Planned Development (D-PD) Subdistrict, a Preliminary Development Plan is also a part of the rezoning review. Prior to LD 1798, the Final Development Plan was reviewed by the LUPC as the development permit, and the two parts of the review were linked. With the passage of LD 1798, the LUPC will review the rezoning petition and Preliminary Development Plan for D-PD subdistrict projects, and the MDEP’s Site Law permit will replace the Final Development Plan Permit for projects triggering Site Law.
Also note that LD 1798 established a “certification” process for LUPC to review projects in the unorganized territories that are being permitted under the Site Law by MDEP to assure that any aspect of the project not reviewed under Title 38 by MDEP receives a certification from the LUPC that the project meets the relevant land use standards.
These changes to the statute due to LD 1798 have resulted in the need to amend LUPC’s Ch. 10 rules.
A copy of the above proposed rule changes may be viewed at the Commission’s main office at 18 Elkins Lane, Harlow Building, Augusta, Maine or may be downloaded from the agency’s web site at http://www.maine.gov/doc/lupc/ . To view the proposed rule changes at the Augusta office, please call the office in advance at (207) 287-2631.
PUBLIC HEARING: None. A 30-day public comment period will be held.
COMMENT DEADLINE: October 12, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Samantha Horn Olsen, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4932. TTY: (888) 577-6690. E-mail: Samantha.Horn-Olsen@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §684; §685-A,3; §685-C, 5; and PL 2011, Ch. 682, LD 1798, 125th Legislature
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
LUPC RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 04-061 - Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC, formerly LURC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts And Standards: Proposed Rule Changes to Maple Sugar Processing Subdivisions to Conform with Resolve, Ch. 123, L.D. 1689, 125th Legislature
PROPOSED RULE NUMBER: 2012-P207
BRIEF SUMMARY: The Land Use Planning Commission is seeking public comment on a proposed rule change to provide a greater degree of flexibility to the creation of maple sugar processing subdivisions in conformance with the intent of Resolve Ch. 123, LD 1689, of the 125th Legislature.
DETAILED BASIS STATEMENT / SUMMARY: Ch. 10 Land Use Districts and Standards, adopted in accordance with 12 MRSA §206-A, contains the rules of the Maine Land Use Planning Commission including standards that set out the uses allowed in the various subdistricts of the Commission’s jurisdiction. Pursuant to Ch. 10, maple sugar processing subdivisions are allowed by special exception in the General Management (M-GN) subdistrict according to certain standards. Resolve, Ch. 123 of the 125th Legislature directs the Commission to amend those standards as follows:
“1. Eliminate the minimum 1,000-foot setback from public roads, shorelines of great ponds and major flowing waters and any other type of residential or commercial development;
2. Allow any 2 leased lots in a maple sugar processing subdivision to abut each other while requiring the abutting lots and any nonabutting lots to be separated from all other leased lots in that subdivision by a minimum of 1,000 feet in order to allow for multiple pairings of abutting leased lots in a maple sugar processing subdivision when the topography is favorable for such location; and
3. Require the deed restrictions for leased lots in a maple sugar processing subdivision to be recorded with the registry of deeds at the time the subdivision is created.”
The proposed rule revision is consistent with LUPC policy as expressed in the Comprehensive Land Use Plan.
A copy of the above proposed rule changes may be viewed at the Commission’s main office at 18 Elkins Lane, Harlow Building, Augusta, Maine or may be downloaded from the agency’s web site at http://www.maine.gov/doc/lupc/ . To view the proposed rule changes at the Augusta office, please call the office in advance at (207) 287-2631.
PUBLIC HEARING: None. A 30-day public comment period will be held.
COMMENT DEADLINE: October 12, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Hugh Coxe, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4932. TTY: (888) 577-6690. E-mail: Hugh.Coxe@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §684; §685-A,3 and 10; §685-C, 5; and Resolve, Ch. 123, LD 1689, 125th Legislature.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
LUPC RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 11, Atlantic Sea Scallop Regulations and 2012-2013 Harvesting Season, Option A
PROPOSED RULE NUMBER: 2012-P208
CONCISE SUMMARY: The proposed rule-making would establish 2012-2013 scallop fishing season from December 2, 2012 through March 20, 2013 with fishing prohibited on Thursdays, Fridays and Saturdays in December and March. December 24, 25 and 31, 2012 would be closed and December 26 and 27, 2012 would be open. Scallop fishing in the months of January and February would be prohibited on Fridays, Saturdays and Sundays, plus January 4, 2013 would be open and January 1, 2013 would be closed. The proposed rule-making also establishes scallop management “Zones.” Zone One (1) encompasses the western part of coastal Maine from the New Hampshire border to the Sea Urchin Zone line in Penobscot Bay. Zone Two (2) encompasses the eastern part of coastal Maine from the Sea Urchin Zone line in Penobscot Bay to the Lubec-Campobello Island Bridge. Zone Three (3) encompasses all territorial waters north of the Lubec-Campobello Island Bridge including all of Cobscook Bay and the St. Croix River. For Zone One (1) management measures, the closed areas that expired in 2012 are proposed to be retained as Limited Access Areas with a one day per week harvest in December, and two days per week harvest for the rest of the season with a 20 gallon daily limit and a 64 day season. For Zone Two (2), a 10 year rotational management plan is proposed, being phased in over the next three years with 1/3 of the coast within Zone Two (2) closed this upcoming season for rebuilding with a 20 gallon daily limit and a 64 day season. For Zone Three (3), there are two Options; Option A) is for a 10 year rotational management plan, with harvest rotating between eastern Cobscook Bay and western Cobscook Bay/St. Croix River each year with a 64 day season and 15 gallon daily limit or B) a limited season of 42 days and 10 gallon daily limit with the Whiting/Denny’s Bay closed area retained as a Limited Access Area with a one day per week harvest in December, and two days per week harvest for the rest of the season. This proposed rule pertains to Option A: a second option, Option B, is proposed in a separate concurrent rule-making Proceeding. In addition, a proposed rule for a coast wide meat count of 35 meats per pint, a trigger mechanism to sustainably manage the Limited Access Areas as well as a number of smaller, one year targeted closures for Upper Chandler Bay, the Mud Hole Channel, Moosabec Reach, Union River, Inner Harbor/the Deep Hole, Blue Hill Salt Pond, Mussel Ridge, Ocean Point, Eastern Casco Bay, and Hussey Sound have been proposed to allow for the scallop resource to rebuild, and for sublegal and broodstock scallops to be protected.
PUBLIC HEARINGS:
Machias: October 1, 2012, 6:00 p.m., University of Maine-Machias, Science Building Rm. 102
Ellsworth: October 2, 2012, 6:00 p.m., Ellsworth City Hall (Auditorium), One City Hall Plaza
Wiscasset: October 4, 2012, 6:00 p.m., Lincoln County 911 Communications Center, 34 Bath Road
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: October 15, 2012. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Trisha DeGraaf (207-624-6554)
Mail written comments to; attn: K. Rousseau, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Website: http://www.maine.gov/dmr/rule-making/ . E-mail: dmr.rule-making@maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 11, Atlantic Sea Scallop Regulations and 2012-2013 Harvesting Season, Option B
PROPOSED RULE NUMBER: 2012-P209
CONCISE SUMMARY: The proposed rule-making would establish 2012-2013 scallop fishing season from December 2, 2012 through March 20, 2013 with fishing prohibited on Thursdays, Fridays and Saturdays in December and March. December 24, 25 and 31, 2012 would be closed and December 26 and 27, 2012 would be open. Scallop fishing in the months of January and February would be prohibited on Fridays, Saturdays and Sundays, plus January 4, 2013 would be open and January 1, 2013 would be closed. The proposed rule-making also establishes scallop management “Zones.” Zone One (1) encompasses the western part of coastal Maine from the New Hampshire border to the Sea Urchin Zone line in Penobscot Bay. Zone Two (2) encompasses the eastern part of coastal Maine from the Sea Urchin Zone line in Penobscot Bay to the Lubec-Campobello Island Bridge. Zone Three (3) encompasses all territorial waters north of the Lubec-Campobello Island Bridge including all of Cobscook Bay and the St. Croix River. For Zone One (1) management measures, the closed areas that expired in 2012 are proposed to be retained as Limited Access Areas with a one day per week harvest in December, and two days per week harvest for the rest of the season with a 20 gallon daily limit and a 64 day season. For Zone Two (2), a 10 year rotational management plan is proposed, being phased in over the next three years with 1/3 of the coast within Zone Two (2) closed this upcoming season for rebuilding with a 20 gallon daily limit and a 64 day season. For Zone Three (3), there are two Options; Option A) is for a 10 year rotational management plan, with harvest rotating between eastern Cobscook Bay and western Cobscook Bay/St. Croix River each year with a 64 day season and 15 gallon daily limit or B) a limited season of 42 days and 10 gallon daily limit with the Whiting/Denny’s Bay closed area retained as a Limited Access Area with a one day per week harvest in December, and two days per week harvest for the rest of the season. This proposed rule pertains to Option B: a second option, Option A, is proposed in a separate concurrent rule-making Proceeding. In addition, a proposed rule for a coast wide meat count of 35 meats per pint, a trigger mechanism to sustainably manage the Limited Access Areas as well as a number of smaller, one year targeted closures for Upper Chandler Bay, the Mud Hole Channel, Moosabec Reach, Union River, Inner Harbor/the Deep Hole, Blue Hill Salt Pond, Mussel Ridge, Ocean Point, Eastern Casco Bay, and Hussey Sound have been proposed to allow for the scallop resource to rebuild, and for sublegal and broodstock scallops to be protected.
PUBLIC HEARINGS:
Machias: October 1, 2012, 6:00 p.m., University of Maine-Machias, Science Building Rm. 102
Ellsworth: October 2, 2012, 6:00 p.m., Ellsworth City Hall (Auditorium), One City Hall Plaza
Wiscasset: October 4, 2012, 6:00 p.m., Lincoln County 911 Communications Center, 34 Bath Road
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: October 15, 2012. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Trisha DeGraaf (207-624-6554)
Mail written comments to; attn: K. Rousseau, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Website: http://www.maine.gov/dmr/rule-making/ . E-mail: dmr.rule-making@maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171


ADOPTIONS


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 202, Revenue Obligation Securities Program, Amendment 17
ADOPTED RULE NUMBER: 2012-258
CONCISE SUMMARY: The rule amendment adds the requirements for the Authority to issue bonds for energy distribution system projects.
EFFECTIVE DATE: September 9, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. E-mail: croney@famemaine.com .
WEBSITE: http://www.famemaine.com/ .



AGENCIES:
94-348 - Maine Human Rights Commission (MHRC), jointly with
05-071 - Maine Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 4-A, Procedural Rule, Equal Educational Opportunity
ADOPTED RULE NUMBER: 2012-259 and 260
CONCISE SUMMARY: The amendments change the term “Compliance Officer” to “Compliance Manager”, which is necessitated by a staffing change; provide for the adoption of a third-party neutral mediation program; and add “public charter schools” to the definition of “public school”.
EFFECTIVE DATE: September 12, 2012
AGENCY CONTACT PERSONS:
John Gause (MHRC), 51 State House Station, Augusta, Maine 04333. Telephone: (207) 624–6290. E-mail: John.P.Gause@Maine.gov .
Susan Corrente (DOE), 23 State House Station, Augusta, ME 04333. Telephone: (207) 624–6620. E-mail: Susan.Corrente@Maine.gov
AGENCY RULE-MAKING LIAISONS: John.P.Gause@Maine.gov (MHRC); Greg.Scott@Maine.gov (DOE).
WEBSITES: http://www.maine.gov/mhrc/index.shtml (MHRC); http://www.maine.gov/doe/ (DOE)