June 20, 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: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO)
CHAPTER NUMBER AND TITLE: Ch. 102, Premises Licensed for On Premises Consumption Only
PROPOSED RULE NUMBER: 2018-P144
BRIEF SUMMARY: This amendment adds language to conform with federal and state labor standards that permit persons 14 years old to be employed to bus tables in the food service industry where liquor is served.
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: No Public Hearing
COMMENT DEADLINE: July 20, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: 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. Email: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Professional Judgment; Maine Department of Labor; Food Service Industry
STATUTORY AUTHORITY FOR THIS RULE: 28-A MRS §83-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BABLO WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULEMAKING LIAISON: Ian.Swanberg@Maine.gov .

AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 100, Definitions Regulation
Ch. 113, Growth Offset Regulation
PROPOSED RULE NUMBER: 2018-P145, P146
BRIEF SUMMARY: The Department is proposing to amend its Ch. 100, Definitions Regulation, and Ch. 113, Growth Offset Regulation, to provide greater clarity and flexibility to the emission offsets generation and use processes for Maine businesses and those businesses which may locate in Maine. These amendments will be submitted to the U.S. Environmental Protection Agency for approval in Maine's State Implementation Plan.
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 rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, email 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: The Department has scheduled this proposal to a 30-day public comment period. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: July 23, 2018 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOE RULEMAKING LIAISON: Jeffrey Crawford, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. Email: Jeff.S.Crawford@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated from this proposal.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 40 CFR Part 51 Subpart P - new source review
DEP WEBSITE: http://www.maine.gov/dep/rules/ .

ADOPTIONS

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 115, The Credentialing of Education Personnel (formerly Certification, Authorization, and Approval of Educational Personnel) - repeal and replace of Part I
ADOPTED RULE NUMBER: 2018-108 (Final adoption, major substantive)
CONCISE SUMMARY: The Department is working to streamline and update the rules to comport them to recent statutory changes and to remove redundancy and unnecessary language. The format is being refined to be clear and concise. In brief, the following are some of the more significant changes:
* Consolidates the number of credentials available to three: a clearance, a certificate, and a conditional certificate.
* As the Department is simultaneously moving to repeal Ch. 118, Education Personnel Support Systems, transfers some aspects of Ch. 118 into rule Ch. 115.
* Refines and reformats the rule to be more logical and sequential. There has been confusion about sections of the rule and this should help to make it more clear and efficient.
EFFECTIVE DATE: July 14, 2018
DOE CONTACT PERSON / RULEMAKING LIAISON: Jaci Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .