June 5, 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 #07-19
PROPOSED RULE NUMBER: 2019-P090
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: June 20, 2019, Thursday, starting at 10:30 a.m., Room 101, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: June 20, 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; 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 .

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 #06-19
ADOPTED RULE NUMBER: 2019-087 (Emergency)
CONCISE SUMMARY: Minimum June 2019 Class I price is $20.32/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $24.12/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: June 2, 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 .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.08, Moose Hunting
ADOPTED RULE NUMBER: 2019-088
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has allocated the number of moose hunting permits to be issued for the 2019 moose hunting season. Permits will be issued for antlered, antlerless and any-moose. Permit allocations according to Wildlife Management District are as follows:
WMD 1 – 350 antlered / 125 antlerless
WMD 2 – 250 antlered /125 antlerless
WMD 3 – 150 antlered / 100 antlerless
WMD 4 – 300 antlered / 150 antlerless
WMD 5 – 200 antlered / 100 antlerless
WMD 6 – 150 antlered / 50 antlerless
WMD 7 – 125 antlered
WMD 8 – 175 antlered
WMD 9 – 100 antlered
WMD 10 – 60 antlered
WMD 11 – 50 antlered
WMD 12 – 25 antlered
WMD 13 – 15 antlered
WMD 14 – 30 antlered
WMD 15 – 25 any-moose
WMD 16 – 15 any-moose
WMD 17 – 10 antlered
WMD 18 – 40 antlered
WMD 19 – 60 antlered
WMD 27 & 28 (combined) – 40 antlered
TOTAL: 2,130 antlered /650 antlerless / 40 any-moose
A complete copy of the rule can be obtained from the rulemaking contact person listed below.
EFFECTIVE DATE: June 3, 2019
FW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.10, Turkey Hunting
ADOPTED RULE NUMBER: 2019-089
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended rules that permit the hunting of wild turkeys. During the spring season the split A/B season in WMDs 1 through 6 is has been eliminated and will be open to all hunters. During the fall season the following changes have been adopted: start date will be the Monday closest to September 17 annually; establish a youth fall wild turkey hunting day; increase bag limits in WMDs 15-17 and 20-25 to five birds but only two per day, and expand options for shotgun gauges and shot size legal for wild turkey hunting to include shotgun gauges 10 through 28, including .410, may be used with shot sizes 7 through 9 in Tungsten Super Shot (TSS). A complete copy of the rule can be obtained by contacting the agency contact person below.
EFFECTIVE DATE: June 3, 2019
FW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 20, Taxidermy License
ADOPTED RULE NUMBER: 2019-090
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended the taxidermy license rule to create two new classifications to modernize the rule and include a “Freeze-Dried” and a “Reptile and Amphibian” Classification to the taxidermy license process. These classifications directly relate to the Department’s current definition of “taxidermy,” which is defined as the art of preparing, stuffing and/or mounting of skins of fish, wildlife or parts thereof, so as to make them appear lifelike. The rule provides clear direction for the certification of taxidermists in the preservation process, as well as providing applicants with a clear outline of the requirements that need to be met to become certified in one or more of the Department’s taxidermy license classifications.
EFFECTIVE DATE: June 3, 2019
FW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY: 99-639 - ConnectME Authority
CHAPTER NUMBER AND TITLE: Ch. 101, ConnectME Authority
ADOPTED RULE NUMBER: 2019-091 (Final adoption, major substantive)
CONCISE SUMMARY: This major substantive rulemaking was provisionally-adopted by the ConnectME Authority Board on December 8, 2017 & May 24, 2019. It went through legislative consideration as LD 383.
This revision of Ch. 101, ConnectME Authority, maintains the current operating structure and incorporates several changes to 35-A MRS ch. 93 as a result of legislation passed in the 127th session of the State of Maine Legislature. These changes include:
   * a refinement and clarification of the duties of the ConnectME Authority;
   * changes in definitions of terms used in Ch. 101;
   * minor changes in data filing requirements;
   * the elimination of the Infrastructure Grant program challenge process; and
   * the addition of the Planning Grant program and associated process.
EFFECTIVE DATE: June 30, 2019
AGENCY CONTACT PERSON: Peggy Schaffer, Executive Director, ConnectME Authority, 59 State House Station, Augusta, ME 04330-0059. Telephone: (207) 624-9807. Email: Peggy.Shaffer@Maine.gov .
AGENCY WEBSITE: http://www.maine.gov/connectme/ .

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 (Roads and Water Crossings)
ADOPTED RULE NUMBER: 2019-092
CONCISE SUMMARY: The adopted revisions will improve consistency of the Commission’s road and water crossings standards with the Maine DEP rules, as well as improve consistency with certain provisions of the existing Army Corps, General Permit for the State of Maine. References are included to clarify that the Commission’s crossing standards do not apply to land management roads that are regulated by the Maine Forest Service, nor the replacement of existing culverts that are covered by a statutory exemption. The revisions also reorganize the standards to improve readability.
EFFECTIVE DATE: June 17, 2019
AGENCY CONTACT PERSON: Emily Horton, Agriculture, Conservation & Forestry, 22 & 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-4909. Email: Emily.K.Horton@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/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: Appendix D, Personal Watercraft Prohibited
ADOPTED RULE NUMBER: 2019-093
CONCISE SUMMARY: Consistent with 12 MRS §685-C(10)(D), the Commission updates its list of “Lakes and rivers on which the use of personal watercraft is prohibited” to include Upper Wilson Pond in Bowdoin College Grant West Township. Because of the Moosehead Region Conservation Easement, Upper Wilson Pond now meets the statutory criteria for prohibition of personal watercraft.
EFFECTIVE DATE: June 17, 2019
AGENCY CONTACT PERSON: Emily Horton, Agriculture, Conservation & Forestry, 22 & 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-4909. Email: Emily.K.Horton@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/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 (relating to the Adjacency Principle)
ADOPTED RULE NUMBER: 2019-094
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted amendments to Ch. 10, Land Use Districts and Standards, related to the Commission’s policy for locating new development – called the adjacency principle. The rule revisions replace the Commission’s current application of the adjacency principle, called the one mile rule-of-thumb, with a new system for locating development near existing compatible development and public roads. Additionally, revisions to the Commission’s subdivision layout and design standards incorporate more flexibility and allow more design options, while maintaining protections for important natural and cultural resources. Changes adopted in this rulemaking include typical redlined edits and a couple sections that have been repealed and replaced.
EFFECTIVE DATE: June 17, 2019
AGENCY CONTACT PERSON: Emily Horton, Agriculture, Conservation & Forestry, 22 & 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-4909. Email: Emily.K.Horton@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 38, Suicide Awareness and Prevention in Maine Schools
ADOPTED RULE NUMBER: 2019-095 (Final adoption, major substantive)
CONCISE SUMMARY: This amendment to rule 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
EFFECTIVE DATE: July 5, 2019
DOE CONTACT PERSON / RULEMAKING LIAISON: Jaci Holmes, DOE, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
DOE WEBSITE: https://www.maine.gov/doe/home