March 20, 2019

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: 01-001 – Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 271, Gypsy Moth Quarantine
PROPOSED RULE NUMBER: 2019-P038
BRIEF SUMMARY: This proposed rule establishes a statewide quarantine against the gypsy moth to prevent its movement from all parts of the State, to protect Maine's forest and landscape tree resources. The Gypsy moth is federally regulated pest and Maine must quarantine all parts of the state that are infested.
PUBLIC HEARING: None
COMMENT DEADLINE: April 26, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Gary Fish, Maine DACF - Horticulture Program, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7545. Email: Gary.Fish@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 7 MRS ch. 409 §§ 2301-2303
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dacf/mfs/forest_health/quarantine_information.html#gm .
DACF INTERIM RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .

AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch.135, Employee Benefit Excess Insurance
PROPOSED RULE NUMBER: 2019-P039
BRIEF SUMMARY: The primary purpose of the proposed rule is to set forth standards for employee benefit excess insurance that is provided to employers maintaining group health plans, such as minimum attachment points for coverage, tail coverage, and disclosure of annual limits on coverage. The proposed rule also includes standards specific to small groups under which they may purchase employee benefit excess insurance.
PUBLIC HEARING: 1:30 p.m., April 10, 2019, at Department of Professional and Financial Regulation, Central Conference Room, 76 Northern Avenue, Gardiner, Maine 04345
COMMENT DEADLINE: 4:30 p.m., April 22, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Susan Tardiff, PFR, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8415. Email: Susan.P.Tardiff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRS §§ 212, 707(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 24-A MRS §707(3)
BUREAU OF INSURANCE WEBSITE: http://www.maine.gov/pfr/insurance/
BUREAU RULEMAKING LIAISON: Benjamin.Yardley@Maine.gov .

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2019
PROPOSED RULE NUMBER: 2019-P040
BRIEF SUMMARY: MRS is proposing to repeal and replace Rule 202 (“Tree Growth Tax Law Valuations). The rule is being replaced to provide updated valuation rates for each forest type by region. These updated rates will be used to value forest land enrolled in the Tree Growth Tax Law program under 36 MRS §§ 571 – 584-A.
PUBLIC HEARING: N/A.
COMMENT DEADLINE: April 20, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Justin Poirier, Maine Revenue Services, P.O. Box 9106, Augusta, Maine 04332-9106. Telephone: (207) 624-5600. Email: Justin.L.Poirier@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The rule has minimal impact on municipalities. The valuation amounts for the Tree Growth Tax Law program vary from year to year, which impacts the property tax assessed on land in the program. Fluctuations in local taxes due to valuation changes in this program are partially offset by reimbursement and state subsidy provisions.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS §576
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MRS WEBSITE: http://www.maine.gov/revenue/
AGENCY RULEMAKING LIAISON: Anya.Trundy@Maine.gov .

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)§
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Scallop Conservation Closures: (14) Damariscotta River
ADOPTED RULE NUMBER: 2019-053 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to expand the conservation closure in the Damariscotta River. The Department is concerned that continued harvesting for the duration of the 2018-19 fishing season in this area will greatly reduce the abundance of the remaining broodstock as well as sublegal scallop resource that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource. Immediate conservation closures are necessary to reduce the risk of unusual damage and imminent depletion of the Damariscotta River Limited Access Area.
For these reasons, the Commissioner hereby adopts an emergency closure of Maine's scallop fishery in these areas as authorized by 12 MRS §6171(3)(A).
EFFECTIVE DATE: March 17, 2019
AGENCY CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021, Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/.
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .