May 1, 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-19
PROPOSED RULE NUMBER: 2019-P061
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: May 23, 2019, Thursday, starting at 10:30 a.m., Room 101, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: May 23, 2019
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 INTERIM RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 2, Aquaculture Lease Regulations
PROPOSED RULE NUMBER: 2019-P062
BRIEF SUMMARY: On March 20, 2019, the Department of Marine Resources (DMR) received a certified rulemaking petition from qualified voters of the State of Maine to modify portions of the aquaculture lease regulations. The rule changes proposed by the petitioners include a new decision criterion, which would require DMR to consider whether there are other locations near a proposed lease site that could accommodate the proposed activities while interfering less with existing and surrounding uses of an area. The petitioners request that the proposed rule be applied retroactively, so that it would extend to a pending lease application in Maquoit Bay. In their filing, the petitioners also requested a moratorium on all pending lease applications that are greater than ten acres in size. In accordance with 5 MRS §8055, DMR will consider the proposed rule changes filed by the petitioners.
PUBLIC HEARING: May 22, 2019, 5:00 p.m., Conference Room 118 - Marquardt Building, 32 Blossom Lane, Augusta, ME. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: June 1, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DMR RULEMAKING LIAISON: NAME: Deirdre Gilbert, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6576. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8055
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .

AGENCY: 02-313 - Maine Board of Dental Practice (affiliated with the Department of Professional and Financial Regulation - PFR)
CHAPTER NUMBER AND TITLE: Ch. 7, Establishment of Fees
PROPOSED RULE NUMBER: 2019-P063
BRIEF SUMMARY: 32 MRS §18323(3) authorizes the Maine Board of Dental Practice (“the Board”) to establish by rule fees in amounts that are reasonable and necessary to sustain the operations of the Board on an ongoing basis. This is a complete repeal and replace rulemaking effort which fully implements the various legislative changes since 2016, and stabilizes the Board’s collection of fees. Based on financial projections, the fees established in this proposed rule will generate additional revenue necessary to maintain the current level of services necessary for the Board to meet its statutory mandate.
Below is a summary of the proposed changes:
1) Establishes the Board’s collection of fees to be consistent with the licensure categories, registration categories, sedation permits and dental hygiene practice authorities pursuant to Title 32 ch. 143 “Dental Professions.”
2) Establishes the Board’s collection of licensing fees to be consistent with the initial, renewal and reinstatement provisions pursuant to Title 32 ch. 143 “Dental Professions.”
3) Streamlines the establishment of licensing fees to renew with an inactive status.
4) Streamlines the fee structure of sedation permits issued pursuant to Board rule ch. 14.
5) Eliminates fees in the following categories:
  a) Fees for failing to report a change of name, address, or practice location;
  b) Reinstatement fees in the following licensing and permitting categories: dentist, dental hygienist, denturist, dental radiographer, expanded function dental assistant, sedation permits, local anesthesia permits and nitrous oxide analgesia permits; and
  c) Biennial registration and late fees for independent practice dental hygiene, local anesthesia permit, and nitrous oxide analgesia permit.
6) Reduces fees in the following categories:
  a) Faculty licensure for dental hygienist and denturist; and
  b) Application fee for dental hygienist, denturist and expanded function dental assistant.
7) Increases and establishes fees in the following categories:
  a) Dentist, faculty dentist, limited dentist, resident dentist, sedation and general anesthesia permits;
  b) Denturist;
  c) Expanded function dental assistant;
  d) Dental radiographer;
  e) Temporary license; and
  f) Duplicate license, verification of licensure and data lists.
8) Establishes fees in the following categories:
  a) Dental hygiene authority fees (local anesthesia, nitrous oxide analgesia, independent practice dental hygiene, public health dental hygiene, provisional dental hygiene therapy and dental hygiene therapy;
  b) Registration to obtain additional clinical training in categories of sedation and general anesthesia, local anesthesia, nitrous oxide analgesia and denturist trainee; and
  c) Application fees to accompany initial applications for licensure, registration, authority and sedation/general anesthesia permits.
PUBLIC HEARING: May 24, 2019 at 9:00 a.m.
COMMENT DEADLINE: June 5, 2019 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: Penny Vaillancourt, Executive Director, 143 State House Station, Augusta, ME 04333. Telephone: (207) 287-3333. Fax: (207) 287-8140. TTY: 711. Email: Penny.Vaillancourt@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 18323(3), 18324.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
BOARD WEBSITE: www.maine.gov/dental .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 313, Customer Net Energy Billing
PROPOSED RULE NUMBER: 2019-P064
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend its net energy billing (NEB) rules (Ch. 313) pursuant to Public Law 2019 ch. 16. As required by legislation, the proposed rule is substantively equivalent to the NEB rules that was in effect on January1, 2017.
PUBLIC HEARING: May 24, 2019, 10:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: June 5, 2019. Interested persons may file initial comments on the proposed Rule using the Commission’s Case Management System (CMS), in Docket No. 2019-00076, on or before Friday, May 17, 2019. Interested persons may file final written comments on the proposed Rule in CMS, in Docket No. 2019-00076, no later than Wednesday, June 5, 2019. All comments will appear in the Case Management System, which is accessible from the Commissions’ web site. Comments should refer to Docket Number 2019-00076 when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Mitch Tannenbaum, Maine PUC, 18 State House Station, Augusta, Maine 04333. Email: Mitchell.Tannenbaum@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 1301, 3203(9), 3210; PL 2011 ch. 262 §2; PL 2019 ch. 16.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine/gov/mpuc .
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 16, Low-Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2019-P065
BRIEF SUMMARY: The rule repeals and replaces the current Ch. 16, Low-Income Housing Tax Credit Rule. The rule is the qualified allocation plan for allocating and administering the federal low-income housing tax credit in the State of Maine, including the State’s housing credit ceiling for calendar year 2020, as required pursuant to Section 42 of the Internal Revenue Code.
DETAILED SUMMARY: This rule is the qualified allocation plan for allocating and administering federal low income housing tax credits (“LIHTC”) in the State of Maine, which MaineHousing, as the State’s designated housing credit agency, is required to adopt pursuant to Section 42 of the Internal Revenue Code and the above-referenced sections of the Maine Housing Authorities Act.
This rule replaces the prior rule and includes the following changes:

  • Overhaul and reformatting to make the rule more concise, clearer, and easier to use.
  • TDC scoring (keep Index and Caps) and penalty for past rounds deleted.
  • Maximum number of applications per developer deleted.
  • Points adjusted to accommodate removal or addition of criteria and slightly greater/lessor focus in specific areas.
  • Service center communities list updated.
  • Certified Business Friendly Community point deleted.
  • Developer Fee Contribution points eliminated.
  • Owner Performance – positive points instead of negative. Notice to Proceed deadline penalty and TDC rescoring penalty deleted.
  • Management Performance – positive points instead of negative.
  • Smart Growth points increased and rebalanced.
  • Service Center Needs points increased.
  • Telemedicine plan requirement eliminated. Instead broadband capacity using ConnectME Authority build-to-standard at owner’s expense required.
  • Property Tax Relief years adjusted.
  • Maximum Developer Fee and Net Developer Fee simplified.
  • Community Revitalization redefined.
  • Below Market Capital points no longer attached to TDC scoring criterion.

PUBLIC HEARING: A public hearing will be held on Tuesday, May 21, 2019 at 10:00 a.m. at Maine State Housing Authority, State House Station #89, 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 communication auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, May 31, 2019 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. Maine Relay 711. Email: luhl@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.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRS §§ 4741(1), 4741(14), and Section 42 of the Internal Revenue Code of 1986, as amended
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same as above
MAINEHOUSING WEBSITE: http://www.mainehousing.org/ .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program
PROPOSED RULE NUMBER: 2019-P066
BRIEF SUMMARY: The proposed rule repeals and replaces the current Home Energy Assistance Program rule which establishes standards for the Fuel Assistance Program, the Energy Crisis Intervention Program, HEAP Weatherization, the Central-Heating Improvement Program, and Supplemental Benefits.
A copy of the proposed replacement rule may be found at www.mainehousing.org.
PUBLIC HEARING: A public hearing will be held on Tuesday, May 21, 2019 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, May 31, 2019 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) 452-4668 (voice in state only) or Maine Relay 711. Email: luhl@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.
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
MAINEHOUSING WEBSITE: http://www.mainehousing.org/ .

AGENCY: 02-380 - Maine State Board of Nursing (affiliated with the Department of Professional and Financial Regulation – PFR)
RULE TITLE OR SUBJECT: Ch. 11, Regulations Relating to the Nurse Licensure Compact (repeal)
PROPOSED RULE NUMBER: 2019-P067
CONCISE SUMMARY: This chapter is superseded by Sec. A-1. 32 MRS c. 31 sub-c. 2-A, also entitled “Nurse Licensure Compact”, adopted into law June 25, 2017.
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: May 31, 2019
BOARD CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1147. Email: Virginia.E.deLorimier@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Sec. A-1. 32 MRS c. 31 sub-c. 2-A
BOARD WEBSITE: http://www.maine.gov/boardofnursing/ .

AGENCY:18-691 - Department of Administrative and Financial Services, Office of Marijuana Policy
CHAPTER NUMBER AND TITLE: Ch. 1, Adult Use Marijuana
PROPOSED RULE NUMBER: 2019-P068
BRIEF SUMMARY: OMP is proposing to introduce a rule to establish a regulatory framework governing adult use, also known as recreational, marijuana in Maine. The Marijuana Legalization Act (MLA) includes both mandatory and discretionary rulemaking concerning DAFS (hereinafter the “Department”). Broadly, §104(3), states that the Department shall “adopt all rules necessary to implement, administer and enforce” the MLA. In addition, the statute specifies rulemaking in areas including, but not limited to, tracking marijuana plants and product, health and safety data, labeling and packaging, and licensing and fees. Pursuant to §104 of the law, all rules, except where specifically provided, must be adopted as major substantive rules.
PUBLIC HEARING: Thursday, May 23, 2019; 8:00 a.m., Holiday Inn by the Bay, 88 Spring Street, Portland, ME 04101
COMMENT DEADLINE: Sunday, June 2, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINSS IMPACT INFORMATION: Erik Gundersen, Office of Marijuana Policy, 162 State House Station, Augusta, ME 04333. Telephone: (207) 624-7491. Fax: (207) 287-2671. Email: Erik.Gundersen@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY: Title 28-B ch. 1 (Marijuana Legalization Act)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
DAFS WEBSITE: www.maine.dafs .
RULEMAKING LIAISON: Anya.Trundy@Maine.gov .

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 #05-19
ADOPTED RULE NUMBER: 2019-067
CONCISE SUMMARY: Minimum May 2019 Class I price is $19.67/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $23.94/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: April 28, 2019
MMC CONTACT PERSON / 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 .