January 2, 2013

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: 01-015 Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MLC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #02-13
PROPOSED RULE NUMBER: 2012-P295
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
PUBLIC HEARING: January 17, 2013, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 17, 2013
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954


AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 395, Construction Standards, Ownership, Cost Allocation, and Customer Charges Rules for Electric Distribution Line Extensions
PROPOSED RULE NUMBER: 2012-P296
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to consider changes to the secondary line extension provisions in the recently adopted amendments to Ch. 395.
PUBLIC HEARING: January 23, 2013, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: February 6, 2013 – However, the Commission requests that comments be filed by January 21, 2013 to allow for follow-up inquiries during the hearing; supplemental comments may be filed after hearing. Written comments should refer to the docket number for this proceeding, Docket No. 2012-00583 and be sent to the Administrative Director, Public Utilities Commission, 18 SHS, Augusta, Maine 04333.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Mitch Tannenbaum, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1391. E-mail: Mitchell.Tannenbaum@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 111, 314, 315
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .

ADOPTIONS

AGENCY: 01-015 Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MLC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-13
ADOPTED RULE NUMBER: 2012-352 (Emergency)
CONCISE SUMMARY: Minimum January 2013 Class I price is $22.22/cwt. plus $1.53/cwt. for Producer Margins, an over-order premium of $ 1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $25.28/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/minimum.shtml .
EFFECTIVE DATE: December 30, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333.
Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 122, Rules Governing the Maine Medical Use of Marijuana Program
ADOPTED RULE NUMBER: 2012-353
CONCISE SUMMARY Public Law 2011, Ch. 383 (LD 1159) and 407 (LD 1296) enacted by the 125th Legislature amended the Maine Medical Use of Marijuana Act and the adopted rules implement the statutory changes. The adopted rule is posted at http://www.maine.gov/dhhs/dlrs/rulemaking/adopted.shtml . Call (207) 287-9300 to have a paper copy of the rule mailed to you. A number of operational changes were made to the program including: (1) Patient registration is voluntary and no fee is charged; (2) As proof of lawful participation in the medical use of marijuana program non-registered qualifying patients must present their original physician's written certification form, and voluntarily registered patients must present their department-issued registry identification cards, to law enforcement upon request with a valid Maine driver's license or other state-issued photo identification card; (3) Primary caregivers or registered dispensaries must have department-approved designation forms signed by qualifying patients that are presented to law enforcement upon request as proof of lawful participation in the program as primary caregivers or registered dispensaries; (4) No patient or caregiver may share an enclosed locked facility or an enclosed outdoor area except [a] when two or more qualifying patients are members of the same household, or [b] when two primary caregivers are members of the same family or household; (5) Caregivers must have state-issued registry identification cards, except [a] when the qualifying patient is a member of the primary caregiver's household or family; or [b] when two primary caregivers who are also qualifying patients are members of the same household; (6) A patient or caregiver may designate a registered caregiver to care for their marijuana plants without pay and for a time-limited period when they are absent and unable to care for their marijuana plants; (7) Members of the public may petition the department to add to the list of medical conditions or treatments that may lawfully be treated with the medical use of marijuana; (8) Additional changes include amended or consolidated definitions including "seedling" "marijuana" and "incidental amount of marijuana." Homeless qualifying patients may grow their marijuana for medical use on property that is owned or under the control of the homeless qualifying patient if all other requirements in these rules are met. Individuals who are no longer cardholders but who had cards on or before September 28, 2011 may ask (within 6 months after the effective date of these rules) to have their information removed from the MMMP registry.
EFFECTIVE DATE: December 31. 2012
AGENCY CONTACT PERSON: Kenneth Albert, Director, Division of Licensing and Regulatory Services, 41 Anthony Avenue, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300. Fax: (207) 287-5807. E-mail: Kenneth.Albert@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/dlrs/mmm/index.shtml .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .