January 26, 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: 04-061 - Department of Conservation (DOC), Maine Land Use Regulation Commission (LURC)
CHAPTER NUMBER AND TITLE:
Ch. 4, Rules of Practice: Proposed Changes, and
Ch. 10, Land Use Districts and Standards: Proposed Miscellaneous Rule Correction; Proposed Rule Changes Regarding Wind Energy Projects; and Proposed Rule Changes for Land Use Activities in Flood Prone Areas
PROPOSED RULE NUMBER: 2010-P332 and P333 (comment deadline extended)
CONTACT PERSON FOR THIS FILING: Susan Burns, Maine Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2631. TTY: (888) 577-6690. E-mail: Susan.Burns@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
COMMENT DEADLINE: Tuesday, April 26, 2011 for all DOC rules listed below.
BRIEF SUMMARY: The Land Use Regulation Commission is seeking public comment on proposed rule changes to Ch. 4, Rules of Practice and three sets of proposed rule changes to Ch. 10, Land Use Districts and Standards.
PROPOSED RULE NUMBER: 2010-P332 - Ch. 4, Rules of Practice: Proposed Changes: The proposed changes of Ch. 4, Rules of Practice, revise language pertaining to demonstration of adequate title, right, or interest (TRI) for applications, determination of application completeness, and timeframes for processing certain types of applications.
PROPOSED RULE NUMBER: 2010-P333 - Ch. 10, Land Use Districts and Standards:
Proposed Miscellaneous Rule Correction: The proposed miscellaneous rule change to Ch. 10 revises 10.23,I, the Recreation Protection (P-RR) Subdistrict, to correct an error inadvertently made in the P-RR land use listings in the miscellaneous rule revisions adopted by the Commission September 1, 2010.
Proposed Rule Changes Regarding Wind Energy Projects: Public Law 2009, Ch. 615, requires that the Land Use Regulation Commission amend its rules to list offshore wind power projects and community-based offshore wind energy projects as uses requiring a permit in all subdistricts. The legislation also amends the review criteria that apply to community-based offshore wind energy projects. The proposed wind project rules incorporate the amendments to subdistrict use listings and the review criteria.
Proposed Rule Changes for Land Use Activities in Flood Prone Areas: The proposed changes for activities in flood prone areas revise many sections of Ch. 10. The amendments will make the rules more consistent with the Federal Emergency Management Agency’s National Flood Insurance Program requirements.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THESE RULES: 12 MRSA §684; §685-A, 3, 7-A and 8-B; and §685-C, 5
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Public Law 2009, Chapter 615, An Act to Implement the Recommendations of the Governor’s Ocean Energy Task Force (proposed rules for wind energy); National Flood Insurance Program, 44 Code of Federal Regulations Part 60.3 (proposed rules for flood prone areas)
DOC RULE-MAKING LIAISON: Eliza.Townsend@Maine.gov
DETAILED BASIS STATEMENT / 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 proposed changes to the Rules of Practice 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 for permit applications in conformance with the Administrative Procedure Act. The proposed changes regarding determination of completeness set up a bifurcated completeness determination to distinguish between expedited wind energy projects and all other applications. Unlike routine permit applications, applications for expedited wind energy developments must follow an entirely different system with established statutory deadlines including an ability to pause in the substantive review at the applicant’s request. The draft language also establishes a process that would give the Commission the option to accept revised information during application review and set a new completeness date for applications with material amendments or applications requiring new or supplemental review.
Ch.10, Land Use Districts and Standards:
Proposed Miscellaneous Rule Correction: The proposed miscellaneous rule change to Ch. 10 revises 10.23,I, the Recreation Protection (P-RR) Subdistrict, to correct an error inadvertently made in the P-RR land use listings in the miscellaneous rule revisions adopted by the Commission September 1, 2010. The proposed revision will make the rules consistent with past guidance and practice.
Proposed Rule Changes Regarding Wind Energy Projects: Public Law 2009, Ch. 615, An Act to Implement the Recommendations of the Governor’s Ocean Energy Task Force, was passed in the last session of the Legislature as emergency legislation and took effect April 7, 2010. The Act requires that the Land Use Regulation Commission amend its Ch.10 rules to list offshore wind power projects and community-based offshore wind energy projects as uses requiring a permit in all subdistricts. The Act also amends the review criteria that apply to community-based offshore wind energy projects. The proposed wind project rules incorporate the required amendments to subdistrict use listings as well as the changes to the review criteria.
Proposed Rule Changes for Land Use Activities in Flood Prone Areas: The proposed changes for activities in flood prone areas revise many sections of Ch. 10. The amendments will make the rules more consistent with the Federal Emergency Management Agency’s National Flood Insurance Program requirements. The proposal adds definitions of “substantial damage” and “substantial improvement” to Section 10.02 Definitions and contains other revisions that affect Section 10.07 Exemptions, Section 10.10 Variances, Section 10.11 Nonconforming Uses and Structures, 10.17 Expiration of Permit, and 10.23,C Flood Prone Area Protection Subdistrict. The term “substantial improvement” replaces the phrase “other than normal maintenance and repair” throughout Section 10.25,T Development Standards for Activities in Flood Prone Areas, as appropriate.
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 www.maine.gov/doc/lurc. To view the proposed rule changes at the Augusta office, please call the office in advance at (207) 287-2631.
WEBSITE: http://www.maine.gov/doc/lurc/index.shtml


AGENCY: 02-392 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), Maine Board of Pharmacy
CHAPTER NUMBER AND TITLE: Ch. 34, Licensure of Retail Suppliers of Medical Oxygen and Prescription Devices
PROPOSED RULE NUMBER: 2010-P329 (comment deadline extended)
CONTACT PERSON FOR THIS FILING: Geraldine Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8615. E-mail: Geraldine.L.Betts@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Same
PUBLIC HEARING: Not Applicable
COMMENT DEADLINE: Extended to April 28, 2011
BRIEF SUMMARY: The original comment deadline for this rulemaking proceeding was January 18, 2011. On January 10, 2011, Governor LePage promulgated Executive Order 09 FY 11/12 (“EO 9”). For rulemaking proceedings that were pending as of January 10, 2011, EO 9 requires an agency to extend the comment period for at least 90 days if there is time to do so under 5 MRSA §8052(7). Pursuant to EO 9 and 5 MRSA §8052(7), the comment deadline for the proposed rule is hereby extended by 100 days to April 28, 2011.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §8052(7); 32 MRSA §§ 13720, 13721(1)(E), 13722, 13723, 13751(3), 13752, 13752 A, 13743
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Maine Pharmacy Act, 5 MRSA §13701 et seq.
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.htm .


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 2010-P330 (comment deadline extended)
CONCISE SUMMARY: The principal reason for this rule-making is to amend the cost of administering the Maine Milk Pool rate.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §3154(2)
PUBLIC HEARING: Was held on January 6, 2011, Thursday, starting at 9:00 a.m., Room 227, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Extended to April 21, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml

ADOPTIONS: no adoption notices this week

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