August 29, 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: 17-229 - Maine Department of Transportation (MaineDOT)
CHAPTER NUMBER AND TITLE: Ch. 210, Utility Accommodation Rules
PROPOSED RULE NUMBER: 2018-P184
BRIEF SUMMARY: Revisions to clarify existing rules to address the permitting and physical location of facilities for the 5G wireless deployment currently underway in the State of Maine including technical revisions for utility accommodation such as material types, offsets in state and state-aid highway rights-of-way, dual pole lines, and permitting of pole locations.
DETAILED SUMMARY: This rulemaking action will provide clarification to rules that address the permitting and physical location of facilities for the 5G wireless deployment currently underway in the State of Maine, technical revisions for utility accommodation including material types, offsets in state and state-aid highway rights-of-way, revisions regarding dual pole lines, and location permitting of pole locations. Section 4, “Definitions”, has been updated to include several new definitions and clarifications to existing definitions have been included. Section 5, “Location Permits”, includes updates regarding the requirements for location permits in Compact Areas and clarifications regarding the following sections: Facilities Around Bridges, Location Plans, Attachment to MaineDOT Highway Structures, Permit-by-Rule, Field Layout for Utility Poles and Utility Pole Structures and definitions of Private Facilities. Section 6, “Highway Operating Permits”, updates the section on Proposed Work Information required. Section 7, “Facility Maintenance Obligations”, includes updates regarding Financial Responsibility for Design Changes in Maine Department of Transportation Projects. Section 10, “Underground Installations”, includes an update to the section on materials that may be used for underground conduits. Section 11, “Aboveground Installations”: updates to this section involve clarifications to the following sections: “Support Structures”, “Use of Existing Department Poles or Structures”, “Offsets”, “Site Specific Conditions”, and “Minimum Corridor Offsets for Utility Poles”.
PUBLIC HEARING: none
COMMENT DEADLINE: September 28, 2018
CONTACT PERSON FOR THIS FILING: Michael Moreau, MaineDOT, 16 State House Station, Augusta, Maine 04333. Telephone: (207) 624-3365. Email: Michael.Moreau@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: Jennifer M. Smith (Jennifer.M.Smith@Maine.gov) and Toni Kemmerle (Toni.Kemmerle@Maine.gov).
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 23 MRS §52; 35-A MRS §2503(16); 23 CFR §645.211
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
MaineDOT RULEMAKING WEBSITE: https://wwwl.maine.gov/mdot/rulemaking/ .
MaineDOT WEBSITE: https://www.maine.gov/mdot/.
MaineDOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 288, Maine Universal Service Fund
PROPOSED RULE NUMBER: 2018-P185
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend Ch. 288, Maine Universal Service Fund (MUSF) of the Commission’s rules. The proposed amendments will make the rule compatible with the current statute, will provide stability for the amounts contributed to the Fund, and will integrate the collection of the MUSF with that of the MTEAF, which itself was recently amended in Docket No. 2017-00283 to adopt a new contribution methodology.
PUBLIC HEARING: September 17, 2018 - 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: October 5, 2018. Initial Comments regarding the proposed amendments may be filed using the Commission’s Case Management System no later than Monday, September 10, 2018. Written comments on the proposed Rule may be filed using the Commission’s Case Management System no later than Friday, October 5, 2018. All comments will appear in the Case Management System, which is accessible from the Commission’s web site. Commenters should refer to Docket Number 2018-00200 when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jordan McColman, PUC, 18State House Station, Augusta, Maine 04333. Telephone: (207) 287-3831. Email: Jordan.D.McColman@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 7104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PUC WEBSITE: www.maine.gov/mpuc .
PUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

AGENCY: 29-250 - Department of the Secretary of State (SOS), Bureau of Corporations, Elections and Commissions – Division of Elections
CHAPTER NUMBERS AND TITLES:
Ch. 502, Rules Governing the Conduct and Procedures for Election Recounts in Election Contests Determined by Plurality
Ch. 535, Rules Governing the Administration of Elections Determined by Ranked-Choice Voting
Ch. 536, Rules Establishing the Procedures for Requesting and Conducting Recounts of Elections Determined by Ranked-Choice Voting
PROPOSED RULE NUMBERS: 2018-P186, P187, P188
BRIEF SUMMARY:
Ch. 502: This rule sets forth the procedures for the conduct of recounts of state elections by the Secretary of State, including the collection, security and handling of ballots, scheduling the recounts, personnel, instructions, supervision, disputed ballots and final sign-off at the conclusion of the recount, in an election contest determined by plurality. The rule establishes procedures for conducting a recount in stages when a recount is requested for a statewide referendum or statewide or multicounty office.
Ch. 535: This rule sets forth the procedures for the administration of elections determined by ranked-choice voting, including the collection, security and handling of ballots and memory devices between the municipal offices and the central counting facility; aggregating and counting the cast vote records; administering the rounds of ranked-choice counting until only two candidates remain, and the candidate with the most votes in the final round is declared the winner; and reporting the results.
Ch. 536: This rule sets forth the procedures for requesting and conducting recounts of elections that are determined by the process of ranked-choice voting, including the collection, security and handling of ballots, scheduling and staging the recounts, personnel, instructions, supervision, sorting and counting of first-choice votes and subsequent rankings, handling of disputed and challenged ballots, and final sign-off at the conclusion of the recount.
PUBLIC HEARING: September 17, 2018 - 1 p.m., Room 400 - Burton Cross Building, 111 Sewall Street, Augusta
COMMENT DEADLINE: September 27, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Melissa K. Packard, Director of Elections, 101 State House Station, Augusta, ME 04333-0101. Telephone: (207) 624-7650. Fax: (207) 287-5428. Email: Melissa.Packard@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THESE RULES:
Ch. 502: 21-A MRS §§ 737-A sub-§12, and 738
Ch. 535: 21-A MRS §723-A sub-§5-A
Ch. 536: 21-A MRS §723-A sub-§5-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Ch. 535 & 536: PL 2017 c. 316 and I.B. 2015 c. 3 (Ranked-choice Voting)
ELECTIONS WEBSITE: www.maine.gov/sos/cec/elec/upcoming .
BUREAU RULEMAKING LIAISON: Julie.Flynn@Maine.gov .

ADOPTIONS

AGENCY: 16-219 - Department of Public Safety (DPS) - Office of the Commissioner
CHAPTER NUMBER AND TITLE: Ch. 71, Uniform Standardized Forensic Examination Kit for Sexual Assault Evidence Collection
ADOPTED RULE NUMBER: 2018-167
CONCISE SUMMARY: This chapter defines the uniform forensic examination kit to be used by licensed medical facilities and health care practitioners for evidence collection in alleged cases of sexual assault.
Purpose: This rule will define the contents of the uniform standardized examination kit to be used for forensic evidence collection in alleged cases of sexual assault. The rule will list the contents of the kit, include instructions for administering the kit, and will include a checklist for examiners to follow and enclose with the completed kit.
EFFECTIVE DATE: July 17, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Christopher Parr, Staff Attorney, Office of the Commissioner, Department of Public Safety, 42 State House Station, Augusta, ME 04333. Telephone: (207) 624-7005. Email: Christopher.Parr@Maine.gov .
DPS WEBSITE: http://www.maine.gov/dps/ .

AGENCY: 02-298 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Real Estate Appraisers
CHAPTER NUMBERS AND TITLES:
Ch. 220, Educational Course Requirements
Ch. 240, Standards of Professional Practice
ADOPTED RULE NUMBERS: 2018-169, 170
CONCISE SUMMARY:
The amendments to Ch. 220 provide that a continuing education credit of up to 7 hours may be granted once during a continuing education cycle for participation, other than as a student, in appraisal education processes and programs. These amendments are proposed in response to a Federal audit conducted last spring.
The amendments to Ch. 240 update the Standards with which licensees must comply. Effective January 1, 2018 licensees will be expected to comply with the 2018-2019 edition of the Uniform Standards of Professional Appraisal Practice (“USPAP”). Title 32 MRS §14012(3) authorizes the board to establish standards of practice for licensed real estate appraisers, and 32 MRS §14028 requires licensees to comply with the Uniform Standards of Professional Appraisal Practice (“USPAP”), as promulgated by the Appraisal Standards Board of the Appraisal Foundation. This amendment designates the 2018-19 edition of USPAP as the standards of practice in effect beginning January 1, 2018. Changes from the 2016-17 edition are discussed in detail in the Appraisal Standards Board’s “2017 Summary of Actions Related to USPAP Changes” (February 23, 2017). This document may be downloaded from the Appraisal Foundation website: www.appraisalfoundation.org.
These are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
EFFECTIVE DATE: August 29, 2018
BOARD CONTACT PERSON: Karen L. Bivins, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8524. Email: Karen.L.Bivins@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/appraisers/index.html .
OPOR WEBSITE: http://www.maine.gov/pfr/professionallicensing/ .
PFR WEBSITE: http://www.maine.gov/pfr/ .
OPOR RULEMAKING LIAISON: Karissa.Davan@Maine.gov .

AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBERS AND TITLES:
Ch. 13, Metallic Mineral Exploration, Advanced Exploration and Mining; and
Ch. 10, Land Use Districts and Standards
ADOPTED RULE NUMBERS: 2018-171, 172
CONCISE SUMMARY: The Land Use Planning Commission has adopted rule changes to comply with PL 2017 c. 142, 128th Legislature. Specifically, §12 of Ch. 142 requires the Commission, by July 1, 2018, to “adopt rules related to commission certification of metallic mineral mining permit applications in accordance with the Maine Revised Statutes, Title 38, section 490-NN, subsection 2.” Also, the section requires that, “Rules adopted pursuant to this section must include any additional provisions necessary to ensure consistency with the Maine Metallic Mineral Mining Act and rules related to the Maine Metallic Mineral Mining Act adopted by the Department of Environmental Protection.” Changes adopted in this rulemaking include a repeal and replacement of the Commission’s Ch. 13 rule, renaming Ch. 13 to Metallic Mineral Exploration and Mining Certifications, updating provisions for metallic mineral exploration, adding provisions for mining certifications, and amending the Commission’s Ch. 10 rule to ensure consistency with Ch. 13 and clarify the relationship between the two chapters.
EFFECTIVE DATE: September 20, 2018
DACF CONTACT PERSON / RULEMAKING LIAISON: Mari Wells-Eagar, Department of 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 & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
ADOPTED RULE NUMBERS: 2018-173
CONCISE SUMMARY: The Land Use Planning Commission has adopted rule revisions for routine maintenance of its Ch. 10, Land Use Districts and Standards. For organizational purposes, the revisions were divided into three parts:
Part 1 includes responses to two laws in 2017 that affect the Commission, as well as other revisions that cover general housekeeping matters, update references, and clarify existing provisions. Part 2 of this rulemaking updates the Commission’s standards relating to protected natural resources to ensure consistency, as required in statute, with the goals of the Natural Resources Protection Act (NRPA). The NRPA-related changes clarify the existing practice for rezoning areas that include wetlands, ensure consistent application of existing standards to wetland alterations in all zoning subdistricts, establish that filling and grading an acre or more in the General Management Subdistrict (M-GN) requires a permit, and contain other miscellaneous revisions to improve clarity and consistency with other related statutes and rules. Part 3 includes revisions that correct errors and update references in Appendix C – “Alphabetical List of Lakes Showing Wildlands Lake Assessment Findings”. Revisions include updating minor civil division and waterbody names, as well as correcting certain management classifications and resource values for some waterbodies.
EFFECTIVE DATE: September 20, 2018
DACF CONTACT PERSON / RULEMAKING LIAISON: Mari Wells-Eagar, Department of 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: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program Rule
ADOPTED RULE NUMBER: 2018-174
CONCISE SUMMARY: This replacement rule repeals and replaces in its entirety the current Home Energy Assistance Program Rule. The rule establishes standards for administering fuel assistance, emergency fuel assistance, Supplemental Benefits funded by TANF funds, weatherization, and heating system repair and replacement funds to low income households in the State of Maine.
EFFECTIVE DATE: September 1, 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. Maine Relay 711. Email: LUhl@MaineHousing.org .
AGENCY WEBSITE: http://www.mainehousing.org/ .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 33, AccessAble Home Tax Credit Rule
ADOPTED RULE NUMBER: 2018-175
CONCISE SUMMARY: This replacement rule repeals and replaces in its entirety the current Home Modification Tax Credit Rule with a new AccessAble Home Tax Credit Rule. The replacement rule: (1) changes the name to AccessAble Home Tax Credit Rule; and (2) conforms the rule to statutory changes
EFFECTIVE DATE: September 1, 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. Maine Relay 711. Email: LUhl@MaineHousing.org .
AGENCY WEBSITE: http://www.mainehousing.org/ .