April 29, 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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 2, Rule Concerning the Processing of Applications and Other Administrative Matters (Amendments)
PROPOSED RULE NUMBER: 2015-P029 (Hearing scheduled)
BRIEF SUMMARY: On February 18, 2015, the Department proposed amendments to its Ch. 2, Rules Concerning the Processing of Applications and Other Administrative Matters, that will facilitate the electronic submission of applications, appeals and petitions, and eliminate the requirement to submit an original paper document within five working days of an electronic submission. The Department subsequently proposed additional revisions to clarify the transfer of ownership definition in this rule, and allow for a more complete assessment of both the financial and technical capacity of a prospective licensee, before any license for a hazardous waste facility, solid waste disposal facility, waste oil facility, and biomedical waste facility license is transferred.
Since the Department received at least five requests that a public hearing be held on this proposal, pursuant to 5 MRSA  §8052(1), the Department is scheduling a public hearing to be held on May 21, 2015.
Copies of these rules are available upon request by contacting the agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: May 21, 2015, 9:00 a.m. - Augusta Civic Center, Augusta, Maine
COMMENT DEADLINE: June 1, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This proposal is not expected to have a significant fiscal impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS  §8051
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@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. 201, Rules of Procedure Used to Develop State Valuation
PROPOSED RULE NUMBER: 2015-P063
BRIEF SUMMARY: MRS is proposing to repeal and replace Rule 201 ("Rules of Procedure Used to Develop State Valuation"). The rule is being replaced to update obsolete references and to enhance the readability of the rule. The State Tax Assessor must annually develop the state valuation for each municipality and for each county with property in the unorganized territory. This rule establishes the methodology used to develop state valuation and must be amended to reflect changes in state law.
PUBLIC HEARING: none scheduled
COMMENT DEADLINE: May 29, 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 impacts municipalities in that it outlines the procedures used by MRS for annual state valuation. State valuation affects municipal revenue sharing, state aid for education, and establishes the percentage of adjustment in reimbursement for state mandates such as the Tree Growth Tax Law and the Business Equipment Tax Reimbursement program. Adjustments to those reimbursements are made to incorporate each municipality's valuation divergence from fair market value. The proposed changes to this rule do not significantly change the impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE:  § § 112, 201, 208, 305
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: 13-188 - Department of Marine Resources (DMR)
RULE TITLES OR SUBJECTS:
Ch. 26, Sea Urchin Regulations and 2015-2016 Harvesting Season;
Ch. 8, Landings Program
PROPOSED RULE NUMBERS: 2015-P064, P065
CONCISE SUMMARY: This regulation would establish season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zones 1 and 2 during the 2015-2016 season. It would also establish the requirements for urchin harvesters and dealers to use an electronic reporting system (“swipe card system”) to record all transactions in which urchins are bought or sold.
For Zone 1, a 15-day season is proposed for divers, trappers, rakers and draggers in 2015-2016, which is the same number of days as in the 2014-2015 season. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers may fish 15 days in September (“early season”), or 15 days in December (“late season”); and draggers in December and January (“early season”), or February and March (“late season”).
For Zone 2, a 38-day season is proposed for divers, trappers, rakers and draggers in 2015-2016, which is the same number of days as in the 2014-2015 season. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers may fish 38 days in October through December (“early season”), or 38 days in December through March (“late season”); and draggers would have 38 days in October through March (“early season”) or December through March (“late season”).
For the Whiting & Dennys Bays Limited Access Area in Zone 2, a 9-day season is proposed for Zone 2 divers, trappers, rakers and draggers in 2015-2016, which is the same number of days as the season in 2014-2015. Zone 2 divers, rakers and trappers may fish 9 days in November and December (“early season”), or 9 days in December and March (“late season”); both early and late season Zone 2 draggers would have 9 days in December and March. The Sea Urchin Zone Council recommended the selection of these particular days with exception of December 15 for the early dive season and December 8, 23 and 29 for the late drag season which were chosen for consistency with the 38 day calendars.
PUBLIC HEARINGS:
Augusta: May 18, 2015, 6:00 p.m., DMR Conference Room, Marquardt Building, 32 Blossom Lane
Ellsworth: May 19, 2015, 6:00 p.m., Ellsworth City Hall (Council Chambers), One City Hall Plaza
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: May 29, 2015
AGENCY CONTACT PERSON: Trisha Cheney (tel: 207-624-6554). Mail written comments to: Department of Marine Resources, attn.: Rule-making, 21 State House Station, Augusta, ME 04333-0021. E-mail: dmr.rulemaking@maine.gov. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS  § § 6171, 6173, 6749

ADOPTIONS

AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 22, Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition (Final adoption, major substantive)
ADOPTED RULE NUMBER: 2015-075
CONCISE SUMMARY: The amendments eliminate the requirement of identifying sensitive areas for commercial applications conducted under categories 6A (rights-of-way vegetation management), 6B (industrial/commercial/municipal vegetation management) and 7E (biting fly & other arthropod vectors [ticks]).
EFFECTIVE DATE: May 24, 2015
AGENCY CONTACT PERSON: Henry Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/php/pesticides/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 01-026 – Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 28, Notification Provisions for Outdoor Pesticide Applications (Final adoption, major substantive)
ADOPTED RULE NUMBER: 2015-076
CONCISE SUMMARY: Adds to the list of categories that require posting: 6B (industrial/commercial/municipal vegetation management) except when making applications to sidewalks, trails, power substations, and railroad sidings; and 7E (biting fly & other arthropod vectors [ticks]). Requires notice per Board policy for applications to sidewalks and trails under 6B (industrial/commercial/municipal vegetation management).
EFFECTIVE DATE: May 24, 2015
AGENCY CONTACT PERSON: Henry Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/php/pesticides/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 601, Estate Tax
ADOPTED RULE NUMBER: 2015-077
CONCISE SUMMARY: MRS has amended Rule 601 ("Estate Tax"). The rule explains in further detail the estate tax laws of the State of Maine for estates of decedents dying on or after January 1, 2011, but before January 1, 2013. MRS amended the rule to reflect a recent law change allowing for the automatic release of a lien when the property is passed by right of survivorship to a surviving joint tenant who was the decedent's spouse, or 10 years after the decedent's date of death. Miscellaneous technical changes were also made. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
EFFECTIVE DATE: April 28, 2015
AGENCY CONTACT PERSON: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 603, Maine Estate Tax after 2012
ADOPTED RULE NUMBER: 2015-078
CONCISE SUMMARY: MRS has amended Rule 603 ("Maine Estate Tax After 2012"). The rule explains in further detail the estate tax laws of the State of Maine for estates of decedents dying on or after January 1, 2013. In addition to miscellaneous technical changes, MRS amended the rule to reflect a recent law change allowing for the automatic release of a lien when the property is passed by right of survivorship to a surviving joint tenant who was the decedent's spouse, or 10 years after the decedent's date of death. MRS also removed reference to the termination provision contained in IRC  §2210 as this provision was repealed prior to 36 M.R.S. ch. 577 being enacted. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
EFFECTIVE DATE: April 28, 2015
AGENCY CONTACT PERSON: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .