May 27, 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: 18-553 - Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO)
CHAPTER NUMBER AND TITLE: Ch. 160, Definition of Brand
PROPOSED RULE NUMBER: 2015-P061 (2nd publication, hearing scheduled)
BRIEF SUMMARY: This rule creates the definition of brand as required by Resolves 2013 ch. 89.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: Friday, June 18, 2015 - Augusta Amory, Room 209B, 179 Western Avenue, Augusta, ME 04330 - 10:00 a.m. to 1:00 p.m.
COMMENT DEADLINE: July 16, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Office: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Alcohol and Tobacco Tax and Trade Bureau of the U.S. Department of the Treasury, New York Liquor Authority, North Carolina Administrative Offices of the Court, Briggs v. Martlet, 57 F.3d 18(1st Cir. 1995) and Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: Resolves 2013, chapter 89
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Alexander.Willette@Maine.gov .


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 26, Producer Margins
PROPOSED RULE NUMBER: 2015-P072
CONCISE SUMMARY: The principal reason for this rule-making is to update producer margins.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
PUBLIC HEARING: June 18, 2015, Thursday, starting at 11:00 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: June 28, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC 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: 7 MRSA  §2954

ADOPTIONS

AGENCY: 01-672 - Department of Agriculture, Conservation and Forestry, Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Guidance Maps (Amended Zoning Maps), Zoning Petitions ZP 749: Hibberts Gore, Monhegan Island Plt., Muscongus Bay Coastal Islands – Lincoln County; Perkins Twp., Swan Island – Sagadahoc County
ADOPTED RULE NUMBER: 2015-095
CONCISE SUMMARY: Pursuant to 12 MRS  § § 685-A (7-A) and 689, the Maine Land Use Planning Commission hereby gives notice of its approval of certain amendments to official Land Use Guidance Maps and that these changes have been placed on file with the appropriate County Registry of Deeds.
DATE FILED: May 21, 2015
AGENCY CONTACT PERSON: Ellen L. Jackson, GIS Coordinator, Land Use Planning Commission, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-2631. E-mail: Ellen.Jackson@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/plans_maps_data/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 16-222 - Department of Public Safety (DPS), Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Maine Motor Carrier Safety Regulation
ADOPTED RULE NUMBER: 2015-096 (Final adoption, major substantive)
CONCISE SUMMARY: The amendment exempts intrastate vehicles to which the regulation applies that have a gross vehicle weight rating of 10,000 lbs. to 26,000 lbs., and that neither meet the definition of a “bus” nor transport hazardous materials, from 49 C.F.R.  § § 390.19 and 390.21. The amendment also makes minor, technical edits to the regulation.
EFFECTIVE DATE: June 19, 2015
AGENCY CONTACT PERSON / DPS RULE-MAKING LIAISON: Christopher Parr, Department of Public Safety, Maine State Police, 45 Commerce Drive - Suite 1, 42 State House Station, Augusta, ME 04333-0042. Telephone: (207) 624-7205. E-mail: Christopher.Parr@Maine.gov .
WEBSITE: http://www.maine.gov/dps/msp/ .


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
ADOPTED RULE NUMBER: 2015-097
CONCISE SUMMARY: The rule amendments adjust the procedures of the Commission in reviewing campaign finance reports filed with the Commission; define reasonable efforts that must be undertaken by candidates and political committees in obtaining employment information of contributors; interpret “contribution” to include the use of a vehicle for campaigning by an official who has been provided the vehicle to conduct official duties; permit candidates and committees to report in the aggregate purchases of television and radio advertising time made by a media buyer; provide greater flexibility to Maine Clean Election Act candidates in making reimbursements for campaign purchases; and change the deadline time for filing independent expenditure reports from 5:00 p.m. to 11:59 p.m.
EFFECTIVE DATE: May 25, 2015
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135. Telephone: (207) 287-3024. E-mail: Jonathan.Wayne@Maine.gov .
WEBSITE: http://www.maine.gov/ethics/ .


AGENCY: 17-229 - Maine Department of Transportation (MDOT)
CHAPTER NUMBER AND TITLE: Ch. 206, Rules for the Installation of Gas, Food, Lodging, Camping and Attractions Logo Signs on the Rural Portions of the Interstate Highway System
ADOPTED RULE NUMBER: 2015-098
CONCISE SUMMARY: MaineDOT adopted these amendments to provide more flexibility for mixing and matching logo signs on the Interstate System. These amendments will: allow attraction logos; provide added flexibility in what is allowed under attractions including types of facilities, number of visitors and miles from the interchange; allow mileage distance to be doubled and visitors halved on sections of Interstate with less than 5000 AADT; provide increased flexibility by allowing logo panels to go up with 2 entities instead of the currently required 3 entity applications; allow more than 6 panels of one service type spread over multiple boards; and allow Attraction and Lodging signs in non-rural areas if there is sufficient room; and allow the Department to install and maintain the signs. The amended Rules also contain the following provisions:
• If a service is not located on the roadway the interchange serves, the logo entity shall apply for OBDS as continuity sign age. Municipalities cannot deny OBDS signs needed for continuity purposes.
• If logo signage for gas, food, lodging and camping are full at an interchange and other entities are on a waiting list to get signage, those entities that have signs will be allowed to keep their signs until December 31, 2016, at which time a lottery will be held to determine which entities will receive permits. This lottery will be held at the end of December every 3 years after.
• If the Attractions panels are full at an interchange, the Department will open up 3 slots for a bid process, with the highest 3 bidders receiving the slots, their yearly cost will be their bid price. The remainder of the slots will be done via lottery. This lottery will be held at the end of December every 3 years after.
• Existing signs on the interstate that the Department determines is better suited for logo signage will be removed from the interstate by December 31, 2015. The Department will notify the entity 30 days before removal.
EFFECTIVE DATE: May 27, 2015
AGENCY CONTACT PERSON: Bill Akins, Legal Administrator, Maine Department of Transportation, 16 State House Station, Augusta, Maine 04333-0016. Telephone: (207) 624-3020. E-mail: William.Akins@Maine.gov .
WEBSITE: http://www.maine.gov/mdot/ .
MDOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 812, Credit for Educational Opportunity
ADOPTED RULE NUMBER: 2015-099
CONCISE SUMMARY: Maine Revenue Services has amended Rule 812 (“Credit for Educational Opportunity”). The rule provides guidance for taxpayers who are qualified individuals for purposes of claiming the credit for educational opportunity. Particularly, the rule provides clarification on what type of degree qualifies as an associate’s degree or bachelor’s degree in science, technology, engineering or mathematics. In addition, the rule provides for the application of a proration factor when a bachelor’s degree and a master’s degree are earned and awarded simultaneously in order to properly determine the allowable credit with respect to the bachelor’s degree. A copy of the rule can be found on the MRS website at www.maine.gov/revenue/rules/homepage.html .
EFFECTIVE DATE: May 27, 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 .
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: Designated Areas of Cultural or Special Significance
ADOPTED RULE NUMBER: 2015-100
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted amendments to Ch. 10, Land Use Districts and Standards, that allow the Commission to designate areas of cultural, historical, or other special significance. Within a designated area, applicants may apply for a permit to reconstruct in place or expand legally existing, nonconforming structures, provided that proposed reconstruction projects conform to the purpose of designation. In designating a proposed area, the Commission will consider the unique cultural or historic characteristics of the proposed area that may benefit the public by preserving the look and feel of the community, attracting visitors and new residents, and enhancing the quality of life for residents. Once an area is designated by the Commission, its purpose, specific geographic location, and other relevant information would be recorded in an Appendix to Ch. 10, Land Use Districts and Standards, and property owners within the designated area would then be able to apply for a permit to reconstruct or replace structures in place, so long as the proposed reconstruction project conforms with the purpose of the designation.
EFFECTIVE DATE: May 29, 2015
AGENCY CONTACT PERSON: Ben Godsoe, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2619. E-mail: Benjamin.Godsoe@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@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: Recreational Lodging Facilities and Revegetation Standards
ADOPTED RULE NUMBER: 2015-101
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted amendments to Ch. 10, Land Use Districts and Standards, regarding: i) recreational lodging, ii) revegetation standards, and iii) administrative corrections and clarifications. Specifically, the revisions expand clearing limits for recreational lodging facilities; add procedures for exceeding those limits; establish dimensional requirements for campsites and residential campsites; and correct and simplify the definition of Residential Campsite. The revisions clarify, in cases where recreational lodging facilities are converted to another use, which dimensional requirements apply in general and those that must be met in the aggregate. These revisions also replace existing general revegetation provisions with standards that are consistent with those administered by the Maine Department of Environmental Protection. And the revisions address several administrative corrections and clarifications, such as unifying terms used and the format of citations.
EFFECTIVE DATE: May 29, 2015
AGENCY CONTACT PERSON: Tim Beaucage, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4894. E-mail: Timothy.Beaucage@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .