July 21, 2010

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: 05-071 – Department of Education
CHAPTER NUMBER AND TITLE: Ch. 145, Procedures for Establishing and for Student Participation in the Maine Opportunity Program
PROPOSED RULE NUMBER: 2010-P180
CONTACT PERSON FOR THIS FILING: Joanne C. Holmes
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None
COMMENT DEADLINE: August 26, 2010
BRIEF SUMMARY: The rule will be repealed governing the “Opportunity Maine Program and Contract” as the statutory provisions for the rulemaking authority have been repealed.
DETAILED BASIS STATEMENT / SUMMARY: The rule will be repealed governing the “Opportunity Maine Program and Contract” as the statutory provisions for the rule-making authority have been repealed.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA Ch. 428-C §12544 and Public Law 2009 Ch. 553
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
CONTACT PERSON: Jaci Holmes, Federal State Legislative Liaison, Maine Department of Education, Telephone: (207) 624-6669. Cell (207) 215-3003. E-mail: Jaci.Holmes@Maine.gov
URL: http://www.maine.gov/education/index.shtml
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Greg.Scott@Maine.gov


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 11.09, Atlantic Sea Scallop Harvesting Season; 11.10(1)(D)&(E), Atlantic Sea Scallops Limitations; 11.10(1)(H), Closed Areas; and 11.19(1)(B), (C) & (D), Cobscook Bay
PROPOSED RULE NUMBER: 2010-P181
CONCISE SUMMARY: The proposed amendments would establish 2010-2011 scallop fishing season to start December 15, 2010 with open days Mondays through Fridays except December 24, through March 23, 2011. The Whiting and Denny’s Bay Area closure is proposed to be extended one year to 2012. A clarification is proposed to describe how the Cobscook meat count measure is enforced. Other technical changes are also proposed to two citations, that the nighttime harvest prohibition and culling requirements apply to all methods of fishing and two area descriptions would be clarified.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARINGS:
August 9, 2010, 6:00 p.m., Town Hall, Community Rm, 200 Main St, Yarmouth
August 10, 2010, 6:00 p.m., UMM, Science Lecture Hall (Rm 102), 9 O’Brien Ave., Machias
August 11, 2010, 6:00 p.m., State Ferry Terminal, Conf. Rm, 517A Maine St., Rockland
August 12, 2010, 6:00 p.m., City Hall (Auditorium), One City Hall Plaza, Ellsworth
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: August 23, 2010. 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 PERSONS: Togue Brawn. Telephone: (207) 624-6558. E-mail: Togue.Brawn@Maine.gov
Mail written comments to: Department of Marine Resources, attn: L. Churchill, PO Box 8, West Boothbay Harbor, Maine 04575-0008. Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: Laurice.Churchill@Maine.gov . Telephone: (207) 633-9584. Fax: (207) 633-9579. TTY: (207) 633-9500 (Deaf/Hard of Hearing)
DMR WEBSITE: http://www.maine.gov/dmr/index.htm


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 801, Apportionment of Income
PROPOSED RULE NUMBER: 2010-P182
CONCISE SUMMARY: Rule 801 serves to explain the basis for the apportionment of net income of corporations, pass-through entities, sole proprietorships and other business types as required by law. The changes made to Rule 801 are as follows. The discussion of “water’s edge” reporting is expanded. The recent legislative changes, including the so-called “Finnigan rule,” the repeal of the throw-back rule and the adoption of the throw-out rule, are reflected. New definitions of “taxpayer” and “unitary business” are included in the proposed Rule and outdated portions of the Rule are deleted. Additional edits are made throughout. The application date and the summary at the beginning of the Rule have been updated.
RULE TITLE OR SUBJECT: Ch. 803, Withholding Tax Reports and Payments
PROPOSED RULE NUMBER: 2010-P183
CONCISE SUMMARY: Rule 803 provides comprehensive definitions and explanations of statutory terms and procedures for filing a withholding tax reports and making payments. MRS is proposing to amend Rule 803. The changes that have been made to Rule 803 are as follows. New language is added under section 7.4 and new section 7.5, including electronic filing language, to follow federal requirements for furnishing information statements. Employers and payers filing more than 250 Forms W-2 or 1099 must report the same information to MRS. Clarifications are made to withholding requirements for compensation paid to nonresidents performing services in this state. Editorial changes are made throughout the Rule.
RULE TITLE OR SUBJECT: Ch. 810, Maine Unitary Business Taxable Income, Combined Reports and Tax Returns
PROPOSED RULE NUMBER: 2010-P184
CONCISE SUMMARY: MRS is proposing to amend Rule 810 (“Maine Unitary Business Taxable Income, Combined Reports and Tax Returns”). The changes are as follows. The combined reporting section in .02 is expanded to provide guidance on “water’s edge” filing. Section on Maine net income (.04) is deleted. The recent legislative changes (including the so-called “Finnigan rule”) are reflected. Section .05(A) clarifies that members of unitary group filing a combined return are jointly and severally liable for the tax of the members of the combined group. Section .06 was rewritten to better reflect the statute. Definitions are updated. Editorial changes are made throughout the Rule.
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: August 23, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@Maine.gov
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov

ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Approved Policy #168A: Standard Utility Allowance Increases
ADOPTED RULE NUMBER: 2010-305
CONCISE SUMMARY: This rule will increase the non-heat utility and telephone standard allowances and will maintain the full standard utility allowance (FSUA), for those incurring heating/cooling costs or receiving LIHEAP, at its current level of $700 per month. The non-heat utility allowance will increase from $180 to $203 a month. The telephone standard will increase from $27 to $31 a month. This rule will not have an adverse impact on small business.
On May 12, 2010 the Department adopted an emergency rule, implementing the increase payment for non-heat utilities and telephone expenses, with a retroactive application date of February 1, 2010. This rulemaking makes the changes in the May 12, 2010 emergency rule permanent.
EFFECTIVE DATE: July 17, 2010
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-7118. TTY: (800) 606-0215. E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife (IF&W)
TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 1.01, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 2010-306
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted the following regulations for the St. John River, St. Francis River, and Glazier Lake: remains open to fishing for bass and muskellunge only with artificial lures from October 1 through October 31. An S-13 (no size or bag limit on bass) regulation is also applied.
EFFECTIVE DATE: October 1, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
IF&W WEBSITE: http://www.maine.gov/ifw/


AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 31, Potato Market Improvement Fund
ADOPTED RULE NUMBER: 2010-307
CONCISE SUMMARY: This rule change converts the Well Grant Fund into the Irrigation Grant Fund, through which external sources of funds may be used for grants to fund potato irrigation projects, and establishes an Irrigation Grant Review Committee. The rule change also clarifies the eligibility of major repair and upgrade projects for funding, clarifies loan limits in the Retrofit Loan Program, and clarifies project eligibility in the Research and Infrastructure Improvement Grant Program.
EFFECTIVE DATE: July 18, 2010
AGENCY CONTACT PERSON: Seth H. Bradstreet, III, Commissioner, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3419. E-mail: Seth.Bradstreet@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/index.shtml


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 154, Control of Volatile Organic Compounds from Flexible Package Printing
ADOPTED RULE NUMBER: 2010-308
CONCISE SUMMARY: The Board of Environmental Protection adopted this new rule to fulfill federal requirements under the 1990 Clean Air Act Amendments and regulations related to the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) requiring the adoption of emission controls for all source categories covered under an EPA control technique guideline, or CTG. Chapter 154 implements the federal CTG and will reduce emissions of volatile organic compounds from flexible package printing operations through the use of low-VOC coatings and/or add-on control equipment. The rule provides a variety of approaches for managing VOC emissions and complying with the limits stipulated in the rule with flexibility for sources to implement the limits in the manner that is most suitable for their facility.
Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at http://www.maine.gov/dep/rules/
EFFECTIVE DATE: July 20, 2010
AGENCY CONTACT PERSON: Jeffrey Crawford, Bureau of Air Quality Control, 17 State House Station, Augusta, Me 04333. Telephone: (207) 287-2437. E-mail: Jeffrey.Crawford@Maine.gov
WEBSITE: http://www.maine.gov/dep/air/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 29-250 - Department of Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters, Recyclers, Mobile Crushers, and Loaners
ADOPTED RULE NUMBER: 2010-309
CONCISE SUMMARY: All new and used motor vehicle dealers are required to file and maintain a surety bond as a condition of dealer licensing in the amount specified in 29A MRSA §901(4).
http://www.mainelegislature.org/legis/statutes/29-A/title29-Asec901.html
The purpose of this rule change is to clarify what the bond covers, and how it may be invoked. Specifically, the bond could be invoked if a vehicle dealer failed to comply with 29A MRSA chapters 7 and 9, or the rules of the Secretary of State pertaining to vehicle dealerships resulting in a financial loss to the public or to the Bureau of Motor Vehicles. The bond could be invoked as the result of a court judgment, or an administrative ruling of the Secretary of State or the Bureau of Consumer Credit Protection.
Also clarifies the requirements for filing notices of sale on scrapped or junked vehicles.
EFFECTIVE DATE: July 20, 2010
AGENCY CONTACT PERSON: Garry Hinkley, Director, Vehicle Services, Department of Secretary of State, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/
BMV RULE-MAKING LIAISON: Catherine.Curtis@Maine.gov


AGENCY: 06-096 - Maine Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Maine Solid Waste Management Rules:
Ch. 400, General Provisions;
Ch. 401, Landfill Siting, Design and Operation;
Ch. 409, Processing Facilities
ADOPTED RULE NUMBER: 2010-310, 311, 312
CONCISE SUMMARY: The partial revisions to these rules integrate provisions of Maine Statute, 38 MRSA §1310-N(5-A)(B) to require that applicants for certain new or expanded solid waste processing facilities that will generate residue requiring disposal demonstrate that the facility will recycle or process into fuel for combustion all waste accepted at the facility to the maximum extent practicable, but in no case at a rate less than 50%.
In addition, standards and requirements were added relating to the use of residues from the processing of construction and demolition debris as grading or cover material at solid waste landfills.
EFFECTIVE DATE: July 20, 2010
AGENCY CONTACT PERSON: Paula M. Clark, Maine Department of Environmental Protection, 17 State House Station, Augusta, Me. 04333-0017. Telephone: (207) 287-7718. E-mail: Paula.M.Clark@Maine.gov
WEBSITE: http://www.maine.gov/dep/rwm/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov