July 4, 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-18
PROPOSED RULE NUMBER: 2018-P148
BRIEF 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 MRS §2954
PUBLIC HEARING: July 19, 2018, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: July 19, 2018
MMC CONTACT PERSON / SMALL BUSINESS IMPACT STATEMENT / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission - Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #07-18
ADOPTED RULE NUMBER: 2018-114 (Emergency)
CONCISE SUMMARY: Minimum July 2018 Class I price is $18.61/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $2.33/cwt. handling fee for a total of $23.81/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: July 1, 2018
MMC CONTACT PERSON / SMALL BUSINESS IMPACT STATEMENT / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission - Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
ADOPTED RULE NUMBER: 2018-115
CONCISE SUMMARY: In any election determined by ranked choice voting, candidates could collect and spend primary election contributions until the Secretary of State submits the tabulation of election results to the Governor. Candidates could collect donations for a recount or a court challenge to an election result, consistent with the limits in 21-A MRS §1018-B.
EFFECTIVE DATE: July 2, 2018
AGENCY CONTACT PERSON: Katie Feliciano, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135. Telephone: (207) 287-3024. Email: Katie.Feliciano@Maine.gov .
AGENCY WEBSITE: http://www.maine.gov/ethics/ .
AGENCY RULEMAKING LIAISON: Jonathan.Wayne@Maine.gov .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 16, Low-Income Housing Tax Credit Rule
ADOPTED RULE NUMBER: 2018-116
CONCISE SUMMARY: The rule, as repealed and replaced, is the qualified allocation plan for allocating and administering federal low income housing tax credits in the State of Maine, including the 2019 state ceiling of federal low income housing tax credits for the State of Maine.
EFFECTIVE DATE: July 4, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600, or 711 (Maine Relay). Email: LUhl@MaineHousing.org .
MAINEHOUSING WEBSITE: http://www.mainehousing.org/ .

AGENCY: 01-001 - Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 565, Nutrient Management Rules
ADOPTED RULE NUMBER: 2018-117
CONCISE SUMMARY: These rules establish the standards for nutrient management plans required under 7 MRS §4204 for Maine farms, the process for certifying persons to write and approve nutrient management plans, the requirements for obtaining a livestock operations permit, and the procedures for implementing the requirements of the Nutrient Management Act. These rules establish the standards for compost management plans and the requirements for persons writing compost management plans.
EFFECTIVE DATE: July 3, 2018
AGENCY CONTACT PERSON: Mark F. Hedrich, Agriculture, Conservation & Forestry, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-7608. Email: Mark.Hedrich@Maine.gov .
DACF WEBSITE: http://www.maine.gov/dacf/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 02-384 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Alcohol and Drug Counselors
CHAPTER NUMBER AND TITLE: Ch. 7, Continuing Professional Education for Alcohol and Drug Counselors, Alcohol and Drug Counseling Aides and Certified Clinical Supervisors
ADOPTED RULE NUMBER: 2018-118
CONCISE SUMMARY: These amendments to Ch. 7:
• Reduce the number of required hours of continuing professional education for certified alcohol and drug counselors from 24 contact hours every 2 years to 18 contact hours every 2 years;
• Reduce the hours for continuing professional education for licensed alcohol and drug counselors from 36 contact hours every 2 years to 25 contact hours every 2 years;
• Reduce the hours for continuing professional education for licensed alcohol and drug counselors who are also certified clinical supervisors from a total of 48 contact hours every 2 years to a total of 37 contact hours every 2 years;
• Increase the maximum hours allowed for distance learning as a permissible continuing education activity from 10 hours to 20 hours;
• Remove references to "registered" alcohol and drug counselors in Section 2, Sub-section 4; and
• Make minor spelling, punctuation and numbering changes for housekeeping purposes.
EFFECTIVE DATE: July 7, 2018
AGENCY CONT ACT PERSON: Kristina M. Halvorsen, Regulatory Board Administrator, Board of Alcohol and Drug Counselors, 35 State House Station, Augusta, ME 04333-0035. Telephone: (207) 624-8420. Email: Kristina.M.Halvorsen@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/alcohol/ .
OPOR WEBSITE: http://www.maine.gov/pfr/professionallicensing/ .
OPOR RULEMAKING LIAISON: Karissa.Davan@Maine.gov .