October 31, 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: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 288, Maine Universal Service Fund
PROPOSED RULE NUMBER: 2018-P185 (3rd publication)
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.
A PUBLIC HEARING was held on September 17, 2018, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: Comment deadline extended to November 5, 2018.
The purpose for the extension is to allow interested persons additional time to comment on the proposed changes to Ch. 288. Commenters should refer to Docket Number 2018-00200 when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jordan McColman, PUC, 18 State 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-18
PROPOSED RULE NUMBER: 2018-P218
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: November 21, 2018, Wednesday, starting at 4:00 p.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: November 21, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 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 and 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 611, Maine Education Savings Program (formerly known as Maine College Savings Program)
PROPOSED RULE NUMBER: 2018-P219
BRIEF SUMMARY: The rule amendment conforms the rule to recent changes to the federal and Maine state tax codes permitting (a) limited withdrawals from Section 529 accounts for tuition expenses for attendance or enrollment at elementary or secondary public, private, or religious schools; and (b) limited rollovers from Section 529 accounts to Section 529A (ABLE) accounts. The rule amendment also conforms the rule to recent statutory changes to the name of the program and the advisory committee in keeping with the tax code changes. The rule amendment makes other minor modifications to the rule.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: November 30, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, 5 Community Drive (P.O. Box 949), Augusta, ME 04332. Telephone: (207) 623-3263. Email: kgabrielson@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The amendment will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS §969-A; 20-A MRS §11485
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: United States P.L. 115-97, “An Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018”; and Maine P.L. 2017, ch. 474, “An Act to Conform to the United States Internal Revenue Code of 1986 and Provide Tax Relief to Maine Families”.
FAME WEBSITE: www.famemaine.com .
FAME RULEMAKING LIAISON (Christopher Roney): croney@famemaine.com .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 38, Suicide Awareness and Prevention in Maine Schools
PROPOSED RULE NUMBER: 2018-P220
BRIEF SUMMARY: The proposed amendment to Ch. 38 regarding Suicide Awareness and Prevention in Maine Public Schools is being made pursuant to LD 1694, “Resolve, Directing the Department of Education To Adopt Protocols Designed To Prevent Youth Suicide”. The resolve specifies that the language regarding protocols in the current Ch. 38 be changed from a recommendation that all Maine schools have protocols for suicide prevention and intervention in place, to require that school administrative units have protocols for suicide prevention and intervention and counseling services after an incident of youth suicide in place that are reviewed and approved by the Department of Education based on the best practices established by the National Alliance on Mental Illness Maine or a similar organization authorized by the Department of Health and Human Services through its suicide prevention program.
PUBLIC HEARING: None
COMMENT DEADLINE: December 3, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOE RULEMAKING LIAISON: Jaci Holmes, Department of Education, 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 §4502 sub §5-B
SUBSTANTIVE STATE 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. 25, Weatherization Assistance Program Rule
PROPOSED RULE NUMBER: 2018-P221
BRIEF SUMMARY: This replacement rule repeals and replaces the current Weatherization Assistance Program Rule. The replacement rule: (i) removes MaineHousing from the definitions; (ii) provides that priority ranking will be defined in the State Plan; (iii) modifies permissible weatherization expenditures to update the scope in alignment with industry standards; and (iv) makes minor technical edits and clarifications.
A copy of the proposed replacement rule may be found at www.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.
PUBLIC HEARING: A public hearing will be held on Tuesday, November 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, November 30, 2018 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MAINEHOUSING RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600 (800). Voice in state only: 452-4668. Maine Relay 711. Email: luhl@mainehousing.org .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRS §§ 4722(1)(W), 4741(15), 4991 et seq.; 42 USCA §§ 8621 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above.

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 #11-18
ADOPTED RULE NUMBER: 2018-229 (Emergency)
CONCISE SUMMARY: Minimum November 2018 Class I price is $18.77/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 $23.97/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: October 28, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 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 .
DACF WEBSITE: http://www.maine.gov/dacf/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .