May 11, 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: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2016-P052
BRIEF SUMMARY: The Commission proposes to update its rules regarding road setbacks and accessory structures in order to allow property owners to build structures closer to the road in certain subdistricts and to allow residential accessory structures on certain reduced size lots.
DETAILED SUMMARY: The Commission proposes to update its rules to reduce the distance structures must be set back from the road to 30 feet in Residential Development (D-RS) and General Development (D-GN) subdistricts with corresponding reductions in vegetative buffers. The Commission also proposes to reduce the road setback requirement for residential structures on State and Federal Routes from 75 feet to either 50 or 30 feet, dependent on subdistrict. The Commission proposes to allow flexible road setbacks of no less than 20 feet from interior roads for non-residential development on a case by case basis according to performance criteria. The Commission also proposes to allow, under certain conditions, residential accessory structures to be placed on new or existing, nonconforming lots across the road from the residence. In addition, the Commission proposes edit to the accessory structure by standard use listing to clarify that accessory structures must be located in subdistricts which allow their associated principal use. Proposed changes to the subdistrict use listings will clarify that accessory structures may be allowed in LUPC jurisdiction by permit or special exception.
PUBLIC HEARING: No public hearing proposed at this time.
COMMENT DEADLINE: Written comments must be submitted on or prior to June 10, 2016. Written rebuttal comments must be submitted on or prior to June 20, 2016.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Naomi Kirk-Lawlor, Land Use Planning Commission, 18 Elkins Lane, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4936. Fax: (207) 287-7439. E-mail: Naomi.E.Kirk-Lawlor@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE:12 MRS  § § 685-A(3), 685-A(7-A), 685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
LUPC WEBSITE: www.maine.gov/dacf/lupc/ .
LUPC RULE-MAKING LIAISON: Samantha.Horn-Olsen@Maine.gov .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 99-626 - Maine Rural Development Authority
PROPOSED RULE NUMBER: 2016-P053
CHAPTER NUMBER AND TITLE: Ch. 2, Commercial Facilities Development Program, Amendment 2
BRIEF SUMMARY: The amendment would extend the maximum loan term from 5 years to 20 years, and provide for the ability to change the interest rate for loans longer than 5 years.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: June 11, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Christopher Roney, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332. Telephone: (207) 620-3520. E-mail: croney@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The amendment will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA  §13120-L; 5 MRSA  §13120-N(1)(D)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MaineRDA WEBSITE: http://www.mainerda.org/ .
FAME WEBSITE: www.famemaine.com .

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 373, Financial and Technical Capacity Standards of the Site Location of Development Act
ADOPTED RULE NUMBER: 2016-076 (Final adoption, major substantive)
CONCISE SUMMARY: The Department has adopted amendments to Ch. 373 that update the requirements for financial capacity and technical ability to reflect changes in nomenclature and Department practices since the rule was adopted in 1979, remove surplus language, provide greater clarity as to how an applicant may satisfy the requirements of the law and this rule, and provide examples of common conditions attached to Site Law permits issued by the Department. The amendments also re-locate certain sections currently in Ch. 373, which address environmental matters (e.g., adequate provision for solid waste disposal), to Ch. 375, which deals with environmental standards under the Site Law.
EFFECTIVE DATE: June 2, 2016
AGENCY CONTACT PERSON: Mark Margerum, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7842. E-mail: Mark.T.Margerum@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 375, No Adverse Environmental Effects Standards of the Site Location of Development Act
ADOPTED RULE NUMBER: 2016-077 (Final adoption, major substantive)
The Department has adopted amendments to Ch. 375 that incorporate environmental standards formerly contained in the Ch. 373 Financial and Technical Capacity Standards of the Site Location of Development Act rule. These standards address solid waste, the control of odors, and the procurement and maintenance of sufficient and healthful water supplies, and are more appropriately contained within Ch. 375, since they address environmental impacts. The amendments also include a small number of updates to these provisions, such as updating regulatory citations.
EFFECTIVE DATE: June 2, 2016
AGENCY CONTACT PERSON: Mark Margerum, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7842. E-mail: Mark.T.Margerum@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 380, Long-Term Construction Projects under the Site Location of Development Act
ADOPTED RULE NUMBER: 2016-078 (Final adoption, major substantive)
CONCISE SUMMARY: The Department has repealed and replaced its existing Ch. 380 with a new rule specifying requirements associated with long-term construction projects permitted under the Site Law. A long-term construction project is one that either is not anticipated at the time of approval to be substantially completed, or is not substantially completed, within ten years from the date of approval. Special rules specifying the requirements for a long-term construction project are authorized under 38 MRS  §485-A(1-C). The new rule also provides a process for a development issued a planning permit under the original Ch. 380, Planning Permit rule to receive approval under the new Ch. 380, Long-Term Construction Projects under the Site Location of Development Law rule.
EFFECTIVE DATE: June 2, 2016
AGENCY CONTACT PERSON: Mark Margerum, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7842. E-mail: Mark.T.Margerum@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 323, Maine General Assistance Policy Manual: Section 3, Definitions (pages 4, 6); Section 5, Eligibility Factors (pages 1, 2)
ADOPTED RULE NUMBER: 2016-079
CONCISE SUMMARY: This adopted rule-making implements new classifications of eligible individuals for General Assistance as well as a 24 month time limit made by PL ch. 324 (LD 369 – An Act to Clarify the Immigration Status of Noncitizens Eligible for General Assistance), passed by the 127th Legislature and codified under 22 MRS  §4301(3).
The rule creates eligibility guidelines for the two new classifications of individuals who are not U.S. Citizens, but are “lawfully present” or are “pursuing a lawful process for immigration relief.” The rule defines “lawfully present” as an individual described in 8 USC  §1621(a)(1)-(3). The second classification defines the individual “pursuing a lawful process to apply for immigration relief” as a person who has filed an application for immigration relief with the U.S. Citizenship and Immigration Services.
Under the rule, Department reimbursement to municipalities is conditioned upon adhering to reporting and verification requirements of “lawfully present” and “pursuing a lawful process” individuals. To receive reimbursement from the Department, municipalities are required to track and report assistance months only for those individual “pursuing a lawful process” to comply with the statutory 24 month time limit.
There were several changes to the final rule which are detailed in the Summary of Comments and Responses as well as the Basis Statement.
The Department does not expect that there will be an impact on small businesses, and if there is, it is unknown at the time of this rule-making.
The municipalities will be impacted by having to expend thirty percent of grants to the two new classifications of individuals who are “lawfully present” and “pursuing a lawful process” (the Department will cover seventy percent).
EFFECTIVE DATE: May 16, 2016
AGENCY CONTACT PERSON: Ian Miller, General Assistance Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, Maine 04333. Telephone: (207) 624-4138. Email: Ian.Miller@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 3, Physical, Emotional and Mental Competence to Operate a Motor Vehicle
ADOPTED RULE NUMBER: 2016-080
CONCISE SUMMARY: These rules are being repealed and replaced to reflect changes and/or updates in health care, as well as to more closely align them with some recent research on medical conditions and their impact on safe operation of a motor vehicle. They describe the standards to be used by the Secretary of State in determining physical, emotional and mental competence of persons to operate motor vehicles. The rules establish a reporting system that requires persons to submit medical information to the Secretary of State. Persons found incompetent to operate a motor vehicle in accordance with procedures outlined in these rules may have their driving privileges suspended, revoked or restricted. These rules will be implemented on December 31, 2016.
EFFECTIVE DATE: December 31, 2016
AGENCY CONTACT PERSON / BMV RULE-MAKING LIAISON: Leslie Soares, Secretary of State - Bureau of Motor Vehicles, 29 State House Station, 101 Hospital Street, Augusta, ME 04333-0029. Telephone: (207) 624-9023. E-mail: Leslie.Soares@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/ .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 204 (New), Waiver of Member Payment Requirement Where Caused by Employer Error or Omission
ADOPTED RULE NUMBER: 2016-081
CONCISE SUMMARY: This rule establishes standards for determining whether to grant a waiver under 5 MRS  §17103(6) to a member or retiree who, without the waiver, would be required to make payments to the Maine Public Employees Retirement System (“MainePERS”) because of an employer error or omission.
EFFECTIVE DATE: May 8, 2016
AGENCY CONTACT PERSON: Michael J. Colleran, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332. Telephone: (207) 512-3107. E-mail: Michael.Colleran@MainePERS.org .
WEBSITE: http://www.mainepers.org/ .
MainePERS RULE-MAKING LIAISON: Kathy.Morin@MainePERS.org .

AGENCY: 10-144 - Department of Health & Human Services (DHHS), Maine CDC, Division of Environmental and Community Health, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 231, Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 2016-082
CONCISE SUMMARY: These changes remove definitions unused within these rules and add new definitions, insert relevant portions of the Bottled Water & Water Vending Machine rules, to reflect the 2012 Memorandum of Understanding with the Department of Agriculture, Conservation and Forestry, added operator requirements for vulnerable transient public water systems, clarified sampling standards for source approval, clarified requirements for existing wells changing the chemistry or yield of their water or those public water systems coating and painting surfaces of tanks and clear wells, clarify analysis reporting requirements for certified laboratories public water systems, incorporate the federal Revised Total Coliform Rule, effective April 1, 2016, update and correct references, citations, and typos throughout the rule, revise direct references to the federal regulations and add Appendix A, to clarify further bottled water facility testing requirements.
If the Department requires additional water quality testing of a public water system, due to modifying, altering, repairing or hydrofracturing a well, there would be an additional cost to this public water system; however, this is not a routine practice of public water systems and would likely impact only a few (2 or 3 water systems out of a total of 1,900). The cost of this additional testing may range from $80 up to $1,200.
For those few public water systems testing the water quality in new or refurbished water storage tanks to ensure that unsafe levels of construction materials are not present in the drinking water, they would likely pay around $150 in testing costs. Many water systems already take this safety precaution before putting the storage tank on-line.
EFFECTIVE DATE: May 9, 2016
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rule-making Coordinator, Drinking Water Program, Division of Environmental Health, Maine CDC, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/dwp/index.shtml .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health & Human Services (DHHS), Maine CDC, Division of Environmental and Community Health, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 235, Rules Relating to Bulk Water
ADOPTED RULE NUMBER: 2016-083
CONCISE SUMMARY: These rule changes remove all references to bottled water and water vending machines and move them to the Rules Relating to Drinking Water, 10-144 CMR ch. 231. This move reflects the Memorandum of Understanding between the Department of Health and Human Services Maine Center for Disease Control and Prevention Drinking Water Program and the Department of Agriculture, Conservation and Forestry, and better clarifies each Department’s role and responsibility regarding regulation of bottled water facilities and water vending machines. Ch. 235 shall only pertain to regulations of bulk water transports in Maine. There is no adverse economic impact on businesses, municipalities or counties.
EFFECTIVE DATE: May 9, 2016
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rule-making Coordinator, Drinking Water Program, Division of Environmental Health, Maine CDC, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/dwp/index.shtml .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 16-219 – Department of Public Safety (DPS), Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Ch. 4, Water-Based Fire Protection Systems
ADOPTED RULE NUMBER: 2016-084 (Final adoption, major substantive)
CONCISE SUMMARY: The existing rule has been amended to remove redundant or obsolescent content from the rule, define the roles and responsibilities of responsible managing supervisors in the State of Maine, and adopt current standards relating to water based fire protection systems.
EFFECTIVE DATE: June 4, 2016
AGENCY CONTACT PERSON: Michelle Mason Webber, Sr. Planning and Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. Telephone: (207) 626-3873. E-mail: Michelle.Mason@Maine.gov .
FIRE MARSHAL WEBSITE: http://www.maine.gov/dps/fmo/index.htm .
FIRE MARSHAL RULE-MAKING LIAISON: Joseph.E.Thomas@Maine.gov .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations – 2016
ADOPTED RULE NUMBER: 2016-085
CONCISE SUMMARY: Maine Revenue Services has repealed and replaced Rule 202 (Tree Growth Tax Law Valuations – 2016). The replaced rule provides updated valuation rates for each forest type by region.
EFFECTIVE DATE: May 10, 2016
AGENCY CONTACT PERSON: David Ledew, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5601. E-mail: David.P.Ledew@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
ADOPTED RULE NUMBER: 2016-086
CONCISE SUMMARY: This amendment updates the existing rules governing the jackpot draw game Powerball. This amendment is establishing a new Grand Prize Carry Forward Pool within the Multistate Lottery Association (MUSL) that its members including Maine will contribute to and utilize to fund starting Powerball jackpots. Under this amended rule, when an actual jackpot is supported, based on the accumulation of funds in the Grand Prize Pool, exceeds $300 million annuity value, an additional set-aside goes into effect. Up to 10% of sales for MUSL members will be used to fund a Grand Prize Carry Forward Pool. When an actual jackpot is supported, based on the accumulation of funds in the Grand Prize Pool, exceeds $800 million annuity value, an increased set-aside goes into effect. Up to 20% of sales for MUSL members will be used to fund a Grand Prize Carry Forward Pool. If funds are available in the Grand Prize Carry Forward Pool, they will be used to supplement the funds in the Grand Prize Pool for the starting jackpot, such that the total Grand Prize Pool is sufficient to fund a $40 million annuity on the first drawing. If the MUSL Grand Prize Carry Forward Pool exceeds a balance of $199 million prior to a drawing, the Grand Prize Carry Forward Pool set-asides will cease until such time as the Grand Prize Carry Forward Pool drops below $199 million.
EFFECTIVE DATE: July 2, 2016
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations. Recreational Cod Federal Compliance
ADOPTED RULE NUMBER: 2016-087 (Emergency)
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council and for consistency with the National Marine Fisheries Service (NMFS) federal regulations effective May 1, 2016, the Department is enacting emergency rule-making for charter, party and recreational fishing vessels operating in state waters regarding cod and haddock. For the recreational fishery, the cod fishery has been taken off the prohibited list and it is now lawful to take or possess one cod per day in state waters. Cod may not be possessed on board a charter, party or recreational fishing vessel from October 1 to July 31 inclusive. For cod fish, the size limit of 24" (60.1 cm) will apply. In addition to complying with federal law, this emergency regulation will also increase fishing opportunity in Maine State waters. The rule implements NMFS’s increase of recreational possession limits for Haddock from 3 to 15 fish. Finally, restrictions on recreational haddock possession are being shifted, so that haddock may not be possessed on board a recreational fishing from March 1 through April 14, whereas the rule had restricted recreational haddock possession in both the fall and spring months.
As authorized by 12 MRS 6171(3), the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: May 6, 2016
AGENCY CONTACT PERSON / 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: (207) 633-9500 (Deaf/Hard of Hearing). DMR Rule-Making Website: http://www.maine.gov/dmr/rulemaking/ . Email: Hannah.Dean@Maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .