February 3, 2016

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: 01-001 – Department of Agriculture, Conservation & Forestry
CHAPTER NUMBER AND TITLE: Ch. 274, Rules for Growing Industrial Hemp
PROPOSED RULE NUMBER: 2016-P009
BRIEF SUMMARY: These rules establish the requirements for becoming licensed to grow industrial hemp in Maine. They outline the application and licensing process, the fees involved and the procedures for monitoring the growth of industrial hemp.
PUBLIC HEARING: Thursday, February 25, 2016, 1:00 p.m., 90 Blossom Lane, Room 319, Augusta, ME
COMMENT DEADLINE: Monday March 7, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ann Gibbs, Department of Agriculture, Conservation and Forestry, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-3891. E-mail: Ann.Gibbs@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 7 MRS ch. 406-A  2231
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dacf/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey - Spring & Fall Seasons (1.(B),(E); 2.(B))
PROPOSED RULE NUMBER: 2016-P010
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to amend rules pertaining to spring and fall wild turkey hunting. Language is being amended as it applies to the spring season in WMDs 1-6 to remove specific dates for the A and B split season and create consistent language to set annual season dates. Language is also being amended as it applies to the Youth Spring Turkey Day to eliminate specific age reference and conform to junior hunting license laws. The fall season is being amended in accordance with Title 12  11701 sub- 2 to allow for an additional week of hunting in November.
PUBLIC HEARING: None scheduled, one may be requested.
COMMENT DEADLINE: March 4, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA  11701
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 01-015 - Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #03-16
PROPOSED RULE NUMBER: 2016-P011
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: February 19, 2016, Friday, starting at 10:30 a.m., Room 233, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: February 19, 2016
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: 5 MRSA  8054 and 7 MRSA  2954


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 45, Shrimp: 45.05, Shrimp Season Closure
PROPOSED RULE NUMBER: 2016-P012
CONCISE SUMMARY: On December 7, 2015, the Atlantic States Marine Fisheries Commission's (ASMFC) Northern Shrimp Section approved a moratorium for the 2015-2016 shrimp fishery. This action was taken in response to the findings of the 2015 Stock Status Report, indicating current fishable biomass is the lowest on record. The Northern Shrimp Technical Committee (NSTC) evaluated a suite of indicators including fishery performance, survey indices of abundance and biomass, and environmental conditions. Despite the marginal increase in the recruitment index in 2014, the population continues to meet the criteria defining a collapsed stock. For these reasons, the Department enacted emergency rule-making to prevent the taking of shrimp. This rule-making would make the emergency rule-making permanent.
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: Friday, March 4, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (711) Maine Relay (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov . DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ . Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS  6171
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .

ADOPTIONS

AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 12, Policy and Procedures Manual – Juvenile: Subsection 15.3, Resident Discipline System
ADOPTED RULE NUMBER: 2016-009
CONCISE SUMMARY: The Maine Department of Corrections adopted a new rule governing Resident Discipline pursuant to 34-A MRSA  3032. The adopted rule includes the word “consequence” instead of the word “punishment” that was in the repealed rule. Also, room restrictions are not included as consequence, which is based on current nationally recognized practices.
EFFECTIVE DATE: February 1, 2016
AGENCY CONTACT PERSON / DOC RULE-MAKING LIAISON: Mary Lucia, Maine Department of Corrections, 111 State House Station, Augusta, ME 04333. Telephone: (207) 287-4681. E-mail: Mary.A.Lucia@Maine.gov .
WEBSITE: http://www.maine.gov/corrections/ .


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-16
ADOPTED RULE NUMBER: 2016-011
CONCISE SUMMARY: Minimum February 2016 Class I price is $16.89/cwt. plus $1.45/cwt. for Producer Margins, an overorder premium of $1.53/cwt. as being prevailing in Southern New England and $4.19/cwt. handling fee for a total of $24.26/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: January 31, 2016
AGENCY CONTACT PERSON / MMC 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: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.22, Targeted Closures: 2nd paragraph; and (1) Muscle Ridge; (17) Western Penobscot Bay
ADOPTED RULE NUMBER: 2016-012 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of conservation closures located in Muscle Ridge and Western Penobscot Bay in order to protect Maine's scallop resource due to the risk of imminent depletion and unusual damage. While scallop populations are indicating signs of recovery in some areas of the state, the Department is concerned that unrestricted harvest during the remainder of the 2015-16 fishing season in these specific areas may reduce the broodstock essential for continuing recovery of the resource. These immediate conservation closures are necessary to reduce the risk of unusual damage and imminent depletion. For these reasons, the Commissioner hereby adopts an emergency closure of Maine's scallop fishery in Muscle Ridge and Western Penobscot Bay as authorized by 12 MRS  6171(3).
EFFECTIVE DATE: January 23, 2016
AGENCY CONTACT PERSON: Trish Cheney (207-624-6554)
AGENCY NAME: Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ . E-mail: Trisha.Cheney@Maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Hannah.Dean@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 104, Filing of Maine Tax Returns
ADOPTED RULE NUMBER: 2016-013
CONCISE SUMMARY: MRS has amended Rule 104 ("Filing of Maine Tax Returns"). The rule describes the requirements for filing certain Maine tax returns, including mandatory electronic filing of certain Maine tax returns. Along with miscellaneous technical changes, MRS amended the rule by updating the definition of "Maine tax return", and "Tax return preparer" to simplify the language and make it easier to understand. In addition, the amendments reduce the corporate mandatory electronic filing threshold from $10 million in assets to $5 million in assets for returns filed for tax years beginning on or after January 1, 2016. Obsolete references to mandates effective in previous years were also removed. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
EFFECTIVE DATE: January 31, 2016
AGENCY CONTACT PERSON: Anthony Gould, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8460. E-mail: Anthony.P.Gould@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations (Kennebec River)
ADOPTED RULE NUMBER: 2016-014
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules on a portion of the Kennebec River as follows:
Kennebec River Regulations - From the downstream side of the Lockwood Dam to the upstream side of the Donald Carter Bridge and From the upstream side of the Donald Carter Bridge in Waterville to the downstream side of the power lines located about 4,200 feet above the Calumet Bridge in Augusta (head of tidewater) (note: bullets 11 and 12 in current rulebook) - Striped Bass - From May 1 through June 30, inclusive. Fishing in this area is restricted to single hooked artificial lures only and use or possession of marine bait, dead or alive, is prohibited. Any striped bass caught during this special season/area fishery shall be immediately released and returned alive, without further injury, to the waters from which they were taken.
EFFECTIVE DATE: February 1, 2016
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 396 (New), Efficiency Maine Trust Procurement Funding Cap
ADOPTED RULE NUMBER: 2016-015
CONCISE SUMMARY: The Public Utilities Commission adopts Ch. 396, Efficiency Maine Trust Procurement Funding Cap, which establishes the process and requirements by which the Commission will determine the statutory cap of 4% of the total retail electricity transmission and distribution sales for the procurement of electric energy efficiency resources pursuant to Title 35-A MRS  10110(4-A).
EFFECTIVE DATE: February 1, 2016
AGENCY CONTACT PERSON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Jamie.A.Waterbury@Maine.gov
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .