February 28, 2018

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 14, Education of Homeless Students
PROPOSED RULE NUMBER 2018-P023
BRIEF SUMMARY: This is a revision of the existing rule which defines a homeless student, outlines procedures for identifying and enrolling homeless students and for resolving disputes over their identification and educational placement, and assures access to appropriate educational services for homeless students consistent with the McKinney-Vento Homeless Assistance Act.
PUBLIC HEARING: March 20, 2018 - Room 541, 9-10 a.m., Cross State Office Building, Augusta
COMMENT DEADLINE: March 30, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOE RULEMAKING LIAISON: Jaci Holmes, DOE, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §§ 261, 5205(7)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 45, Rule for Vision and Hearing Screening in Maine Schools
PROPOSED RULE NUMBER: 2018-P024
BRIEF SUMMARY: This rule outlines the standards and processes for periodic vision and hearing screenings. The purpose of a screening is to identify potential hearing or vision deficits among school age children and refer for further care. Updates to the rule reflect current national recommendations for hearing and vision screenings. The rule clarifies techniques and acceptable research-based tools for schools to use.
PUBLIC HEARING: March 20, 2018 - 10:30-11:30 a.m., Room 541 Cross State Office Building, Augusta, Maine
COMMENT DEADLINE: March 30, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Emily Poland, DOE, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6688. Email: Emily.Poland@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §6451
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 51, Child Nutrition Programs in Public Schools and Institutions
PROPOSED RULE NUMBER: 2018-P025 (Repeal)
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Walter Beesely, DOE, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6843. Email: Walter.Beesley@Maine.gov .
PUBLIC HEARING: None
COMMENT DEADLINE: March 30, 2018
BRIEF SUMMARY: The federal regulations articulate the responsibilities for the SAUs to follow, so the Department is repealing the regulation
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §6602
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 129, Rights and Responsibilities of Educators and Pupils
PROPOSED RULE NUMBER: 2018-P026 (Repeal)
BRIEF SUMMARY: Repeal of the rule as the underlying authority in statute no longer exists.
PUBLIC HEARING: None
COMMENT DEADLINE: March 30, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOE RULEMAKING LIAISON: Jaci Holmes, DOE, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: There is none
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 250, School Approval for Nontraditional Limited Purpose Schools
PROPOSED RULE NUMBER: 2018-P027 (Repeal)
BRIEF SUMMARY: Repeal of the rule as the statute covers the language exactly.
PUBLIC HEARING: None
COMMENT DEADLINE: March 30, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOE RULEMAKING LIAISON: Jaci Holmes, DOE, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §2907
SUBSTANTIVE STA TE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 1, Home Mortgage Program Rule
PROPOSED RULE NUMBER: 2018-P028
BRIEF SUMMARY: The current Ch. 1, Home Mortgage Program Rule, is being repealed and replaced. The replacement rule: (i) Changes MSHA references to MaineHousing; (ii) The new mortgage requirement is clarified to state that a homebuyer may not currently have a mortgage on the residence; (iii) Mobile home security requirements are updated to comply with current law; (iv) The requirement for fidelity insurance on condominiums is changed from condominiums with greater than 30 units to condominiums with greater than 20 units; (v) Language allowing MaineHousing to limit mortgage insurers by type of mortgage insurer is added; (vi) The section on application requirements for lenders to participate in our single family requirements is expanded; (vii) The Servicing Agreement is referenced in the section requiring indemnification from a Qualified Servicer.
PUBLIC HEARING: A public hearing will be held on Tuesday, March 20, 2018 at 9:30 a.m. at Maine State Housing, 353 Water Street, Augusta, Maine 04330-4633. Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, March 30, 2018 at 5:00 p.m.
A copy of the proposed replacement rule may be found at www.mainehousing.org.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 89 State House Station, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600; (800) 452-4668 (voice in state only) or Maine Relay 711. Email: luhl@mainehousing.org .
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRS §4741.1; 36 MRS §5219.PP
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above
MaineHousing WEBSITE: http://www.mainehousing.org .

ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 285, Maine Telecommunications Education Access Fund
ADOPTED RULE NUMBER: 2018-028
CONCISE SUMMARY: Pursuant to 35-A MRS §7104-B and sections 1 and 3 of PL 2017 ch. 244 "An Act to Ensure Continued Availability of High-speed Broadband Internet at Maine's Schools and Libraries," the Public Utilities Commission amends, effective July 1, 2018, Ch. 285, Maine Telecommunications Education Access Fund, to conform the rule to current Maine law.
EFFECTIVE DATE: July 1, 2018
AGENCY CONTACT PERSON / PUC RULEMAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
PUC WEBSITE: http://www.maine.gov/mpuc/ .

AGENCY: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 157, The Administration of Over Dimension and Overweight Permits
ADOPTED RULE NUMBER: 2018-029
CONCISE SUMMARY: The rule is being amended to add additional safety requirements for 5-axle cranes crossing certain restricted bridges.
EFFECTIVE DATE: February 27, 2018
AGENCY CONTACT PERSON: Steve Ashcroft, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9056. Email: Stephen.Ashcroft@Maine.gov .
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 01-672 – Department of Agriculture, Conservation and Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Grid-scale Solar Energy Systems)
ADOPTED RULE NUMBER: 2018-030
CONCISE SUMMARY: The Land Use Planning Commission has adopted amendments to Ch. 10, Land Use Districts and Standards, to allow development of grid-scale solar energy generation facilities with a permit in the Commercial Industrial Development Subdistrict (D-CI). The revisions include a set of criteria that help identify eligible locations for redistricting to D-CI for the purpose of developing a grid-scale solar energy generation facility. A D-CI subdistrict designated for the purpose of developing a grid-scale solar energy generation facility will automatically revert to the prior subdistrict designation if the facility is not developed within a reasonable period of time, or if built, upon decommissioning of the facility.
EFFECTIVE DATE: March 5, 2018
DACF CONTACT PERSON / RULEMAKING LIAISON: Mari Wells-Eagar, Agriculture, Conservation and Forestry, 22 & 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-4909. Email: Mari.Wells@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/index.shtml .

AGENCY: 01-672 – Department of Agriculture, Conservation and Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Rural Business Development Subdistrict in Washington County)
ADOPTED RULE NUMBER: 2018-031
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted amendments to Ch. 10, Land Use Districts and Standards, regarding extending the opportunity for Rural Business Development subdistricts into Washington County in partnership with the Washington County Commissioners through the Commission’s Community Guided Planning and Zoning program. This regional planning effort implements the directive in PL 2011 ch. 682 §34, for the Commission to initiate prospective zoning in the unorganized and deorganized parts of the state. The purpose of the Rural Business Development Subdistrict (DRB) is to encourage an appropriate range of business development in rural areas, and locate development in or at the edge of existing development and in concentrated areas along appropriate portions of major transportation corridors. The locations for the D-RB are selected to maintain the rural character of the region and avoid significant visual, natural resource, and fiscal impacts of unplanned growth. The D-RB subdistrict includes areas to accommodate a range of small commercial, light manufacturing, and institutional facilities and businesses that are generally compatible with, and complementary to, natural resource-based land uses; but may create some adverse impacts to residential uses, recreation uses, or resource protection.
EFFECTIVE DATE: March 5, 2018
DACF CONTACT PERSON / RULEMAKING LIAISON: Mari Wells-Eagar, Agriculture, Conservation and Forestry, 22 & 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-4909. Email: Mari.Wells@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/index.shtml .