February 25, 2015

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: 18-125 - Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2015
PROPOSED RULE NUMBER: 2015-P033
BRIEF SUMMARY: MRS is proposing to repeal and replace Rule 202 ("Tree Growth Tax Law Valuations - 2015"). The rule is being replaced to provide updated valuation rates for each forest type by region.
PUBLIC HEARING: none
COMMENT DEADLINE: March 27, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: David Ledew, Maine Revenue Services, P.O. Box 9106, Augusta, Maine 04332-9106. Telephone: (207) 624-5600. E-mail: David.P.Ledew@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The rule has minimal impact on municipalities. The valuation amounts for the Tree Growth Tax Law program vary from year to year, which impacts the property tax assessed on land in the program. Fluctuations in local taxes due to valuation changes in this program are partially offset by reimbursement and state subsidy provisions.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA  §576
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 813, Property Tax Fairness Credit
PROPOSED RULE NUMBER: 2015-P034
BRIEF SUMMARY: MRS is proposing to adopt new Rule 813 ("Property Tax Fairness Credit"). The property tax fairness credit was enacted to replace the repealed Maine Residents Property Tax Program to provide property tax and rent relief to Maine taxpayers. The rule will provide interpretation and guidance on the Maine income tax credit that may be claimed by eligible taxpayers who owned or rented a home in Maine during the tax year and paid property taxes that are greater than 6% of their total income or rent that is greater than 40% of their total income and who lived in that home as their principal residence during the tax year. Particularly, the rule provides guidance on taxpayer eligibility for the credit, defines a homestead that may be occupied as a primary residence, property taxes paid or rent constituting property taxes paid and total income used to determine eligibility. A copy of the proposed Rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
PUBLIC HEARING: None
COMMENT DEADLINE: March 27, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS  § § 112. 5219-KK
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRS  §5219-KK
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 901, Maine Residents Property Tax Program
PROPOSED RULE NUMBER: 2015-P035
BRIEF SUMMARY: MRS is proposing to amend Rule 901 ("Maine Residents Property Tax Program") to reflect the fact that the program does not apply to claim applications filed on or after August 1, 2013. A copy of the proposed rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
PUBLIC HEARING: None
COMMENT DEADLINE: March 27, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRS  §6221
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Natural Resource Protection Act and Recreational Gold Prospecting
PROPOSED RULE NUMBER: 2015-P036
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed amendments to the agency's Ch. 10, Land Use Districts and Standards. The primary objective of this rule-making is to review and update the agency's standards regarding certain protected natural resources to be consistent with the goals of the Natural Resources Protection Act (NRPA). The NRPA consistency rule-making focuses on the permit requirements for activities in and around wetlands and water bodies. In addition, changes are proposed to Ch. 10 to conform with recent legislative changes relating to improved consistency in the regulation of motorized recreational gold prospecting.
PUBLIC HEARING: None.
COMMENT DEADLINE: Written comments must be submitted on or prior to March 27, 2015. Written rebuttal comments must be submitted on or prior to April 3. 2015.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Stacie R. Beyer, Maine Land Use Planning Commission, 106 Hogan Road, Suite 8, Bangor, Maine, 04401. Telephone: (207) 941-4593. E-mail: Stacie.R.Beyer@Maine.gov. Website: www.maine.gov/doc/lupc.
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA  §684,  §685-A(3),  §685-C(5)(A), and 38 MRSA  §480-E-1
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 38 MRSA  § § 480-A to 480-HH
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTIONS

AGENCY: 12-172 - Department of Labor (DOL), Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Work Search Requirements
ADOPTED RULE NUMBER: 2015-017
CONCISE SUMMARY: Modification of this rule is sought to update the rule to adequately reflect the current work search methods utilized by claimants, to provide clearer guidelines regarding claimants' duty to track their work search efforts and present evidence of these efforts to the Bureau upon request, to include additional grounds for waiver of the requirement, and to modify the disqualification process.
EFFECTIVE DATE: February 23, 2015
AGENCY CONTACT PERSON / DOL RULE-MAKING LIAISON: Susan H. Wasserott, Department of Labor, Unemployment Insurance Commission, 54 State House Station, Augusta, Me 04333-0054. Telephone: (207) 621-5096. E-mail: Susan.Wasserott@Maine.gov
WEBSITE: http://www.maine.gov/labor/unemployment/index.html .

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 615, Exemptions from Regulatory Requirements for Consumer-Owned Water Utilities
ADOPTED RULE NUMBER: 2015-018 (New)
CONCISE SUMMARY: The Public Utilities Commission adopts Ch. 615 setting forth requirements and procedures related to exemptions, pursuant to 35-A MRS  §6114, from regulatory requirements that otherwise would apply to consumer-owned water utilities.
EFFECTIVE DATE: February 22, 2015
AGENCY CONTACT PERSON / PUC RULE-MAKING LIAISON: 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/ .