August 21, 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: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 2019-20 Season
PROPOSED RULE NUMBER: 2019-P142
BRIEF SUMMARY: This proposed rule-making establishes the 2019-2020 scallop fishing season. Daily possession limits of 15 gallons for Zone 1 and Zone 2, and 10 gallons for Zone 3 remain unchanged.  For Zone 1, a 60-day season for draggers would begin on December 9, 2019 and the last day of the season would be March 26, 2020.  For Zone 1, a 60-day season for divers would start on November 14, 2019 and the last day of the season would be April 30, 2020. For Zone 2, a 70-day season for draggers would start on December 2, 2019 and the last day of the season would be March 31, 2020. For Zone 2, a 70-day season for divers would start on November 18, 2019 and the last day of the season would be April 29, 2020.  For Zone 3, a 50-day season for draggers would begin on December 2, 2019 and the last day of the season would be March 25, 2020. For Zone 3, a 50-day season for divers would begin on December 5, 2019 and the last day of the season would be March 28, 2020.
In Zone 1, Casco Bay, Sheepscot River, Muscle Ridge, and W. Penobscot Bay Areas, as well as Whiting/Dennys Bays in Zone 3 are proposed as Limited Access Areas with reduced harvesting days. In Zone 2, territorial waters surrounding Machias Seal Island and North Rock would be open to harvest all days during January 2020, in addition to open Zone 2 calendar days throughout the season.
DMR would maintain the following targeted closures based on depletion, high concentrations of seed/sublegal scallops and/or the presence of spat-producing scallops: Lower Muscle Ridge, Eastern Casco Bay, Upper Sheepscot River, New Meadows River, Card Cove and Beals-Jonesport Bridge.
This rule proposes to amend the harvest time to begin at 0700 hours and cease at 1630 hours on open calendar days, replacing the provision that prohibits harvest between sunset and sunrise.
This rule proposes to remove the specific drag size gear restrictions in the Blue Hill Bay area (currently 8’6”). If amended, harvesters would be able to utilize any drag size, provided it does not exceed the State maximum of 10’ 6.”
PUBLIC HEARINGS:
Augusta: September 12, 2019 - 6:00 p.m., DMR – Augusta, Rm 118, 32 Blossom Lane
Ellsworth: September 16, 2019 - 6:00 p.m., Ellsworth City Hall Auditorium, One City Hall Plaza
Machias: September 17, 2019 - 6:00 p.m., University of Maine at Machias, Rm 102, 116 O’Brien Avenue
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: September 27, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. 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: 12 MRS §§ 6171, 6722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr ,
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 311, Portfolio Requirement
PROPOSED RULE NUMBER: 2019-P143
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to amend Ch. 311, the PUC portfolio requirement rule, to implement recently enacted legislation (Public Law 2019 ch. 477 – An Act to Reform Maine’s Renewable Portfolio Standard).
PUBLIC HEARING: September 12, 2019 - 10:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04333
COMMENT DEADLINE: September 25, 2019. Written comments on the proposed rule should be filed using the Commission’s case management system. Comments may be filed until September 25, 2019. However, the Commission requests that comments be filed by September 9, 2019, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2019-00177. All comments will appear in the Commission’s case management system which is accessible from the Commission’s website.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Mitchell Tannenbaum, PUC, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3831. Email: Mitchell.Tannenbaum@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 1301, 3203(9), 3210, 3210-B; Public Law 2019 ch. 477
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine.gov/mpuc .
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 101, Earnable Compensation and Calculation of Average Final Compensation
PROPOSED RULE NUMBER: 2019-P144
BRIEF SUMMARY: This rule sets forth the computation of average final compensation used in the calculation of retirement benefits paid by the Maine Public Employees Retirement System. The proposed amendments to the rule clarify the inclusion of paid time off, sick and vacation leave payments for Participating Local District Plan members, and certain arbitration awards, judgments and written settlement agreements as earnable compensation. The proposed amendments also correct some minor formatting issues.
PUBLIC HEARING: September 12, 2019 - 1:00 p.m. EDT, Maine Public Employees Retirement System, 139 Capitol Street, Augusta, Maine
COMMENT DEADLINE: September 23, 2019 - 5:00 p.m. EDT
EMAIL FOR PUBLIC TO SUBMIT COMMENTS: rulemaking@mainepers.org .
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MainePERS RULEMAKING LIAISON: Kathy J. Morin, Manager, Actuarial and Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332-0349. Telephone: 1 (800) 451-9800 or (207) 512-3190. Email: Kathy.Morin@MainePERS.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §17103(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MainePERS WEBSITE: www.mainepers.org .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 406. Payment or Repayment of Contributions and Interest for the Purchase of Creditable Service
PROPOSED RULE NUMBER: 2019-P145
BRIEF SUMMARY: This rule sets forth the requirements for members to purchase or repurchase creditable service. The proposed amendments to the rule incorporate recent changes made in the law to permit the purchase of prior law enforcement officer service. The proposed amendments also correct some minor formatting issues.
PUBLIC HEARING: September 12, 2019 - 1:00 p.m. EDT, Maine Public Employees Retirement System, 139 Capitol Street, Augusta, Maine
EMAIL FOR PUBLIC TO SUBMIT COMMENTS: rulemaking@mainepers.org .
COMMENT DEADLINE: September 23, 2019 - 5:00 p.m. EDT
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MainePERS RULEMAKING LIAISON: Kathy J. Morin, Manager, Actuarial and Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332-0349. Telephone: 1 (800) 451-9800 or (207) 512-3190. Email: Kathy.Morin@MainePERS.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §17103(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MainePERS WEBSITE: www.mainepers.org .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 803. Participating Local District Consolidated Retirement Plan
PROPOSED RULE NUMBER: 2019-P146
BRIEF SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments to the rule are the recommendations of the Participating Local District Advisory Committee to incorporate recent changes made in the laws to allow for the purchase of prior law enforcement service and to permit participating local districts to cover their dispatchers by a special plan. The proposed amendments also include some adjusted wording on unrelated technical provisions of the rule.
PUBLIC HEARING: September 12, 2019 - 1:00 p.m. EDT, Maine Public Employees Retirement System, 139 Capitol Street, Augusta, Maine
EMAIL FOR PUBLIC TO SUBMIT COMMENTS: rulemaking@mainepers.org .
COMMENT DEADLINE: September 23, 2019 - 5:00 p.m. EDT
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MainePERS RULEMAKING LIAISON: Kathy J. Morin, Manager, Actuarial and Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332-0349. Telephone: 1 (800) 451-9800 or (207) 512-3190. Email: Kathy.Morin@MainePERS.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §§ 17103(4), 18200 et seq., 18801 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MainePERS WEBSITE: www.mainepers.org .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Rules
PROPOSED RULE NUMBER: 2019-P147
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to finalize an emergency rule that was put into effect on July 26, 2019. A final adoption of the rule is necessary to take the place of the emergency rule which will only be in effect for 90-days. The emergency rule was adopted to remove the scope of rule previously adopted in a rulemaking notice that was advertised on May 15, 2019. The scope of rule was removed so that Ch. 13, Watercraft Rules, may be enforced not only on Maine inland waters. In accordance with Title 12 MRS Section 13051 §3, watercraft rules adopted by the Commissioner govern the use and operation of watercraft upon the waters of the State to insure safety of persons and property. A complete copy of the proposed rule is available by contacting the rulemaking contact person listed below.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: September 20, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 13051, 13068-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

ADOPTIONS

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Maine Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 302, Sales to Governmental Agencies and Exempt Organizations
ADOPTED RULE NUMBER: 2019-148
CONCISE SUMMARY: Rule 302 establishes administrative rules regarding tax-exempt sales and explains the circumstances under which a retailer or service provider will be relieved of its burden of proving that sales to an entity described in Title 36 sections 1760 or 2557, including an agency or instrumentality of the federal government or of the State of Maine, are exempt from Maine sales, use, or service provider tax. A copy of the adopted rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
EFFECTIVE DATE: August 19, 2019
AGENCY CONTACT PERSON: Alex Weber, General Counsel, Maine Revenue Services, P.O. Box 1060 (24 State House Station), Augusta, ME 04332-1060. Telephone: (207) 624-9712. Email: Alexander.J.Weber@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULEMAKING LIAISON: Anya.Trundy@Maine.gov .

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Maine Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 304, Sales and Use Tax Returns and Payments
ADOPTED RULE NUMBER: 2019-149
CONCISE SUMMARY: Rule 304 establishes requirements for the filing of sales and use tax returns and the payment of taxes due pursuant to Title 36 ch. 219.
EFFECTIVE DATE: August 19, 2019
AGENCY CONTACT PERSON: Alex Weber, General Counsel, Maine Revenue Services, P.O. Box 1060 (24 State House Station), Augusta, ME 04332-1060. Telephone: (207) 624-9712. Email: Alexander.J.Weber@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULEMAKING LIAISON: Anya.Trundy@Maine.gov .

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Maine Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 318, Instrumentalities of Interstate or Foreign Commerce
ADOPTED RULE NUMBER: 2019-150
CONCISE SUMMARY: Rule 318 explains the application of the exemption from Maine sales or use tax as provided in 36 MRS §1760(41-A) for a vehicle, railroad rolling stock, aircraft or watercraft placed in use by the purchaser as an instrumentality of interstate or foreign commerce within 30 days after purchase and used by the purchaser not less than 80% of the days in use for the next 2 years as an instrumentality of interstate or foreign commerce.
EFFECTIVE DATE: August 19, 2019
AGENCY CONTACT PERSON: Alex Weber, General Counsel, Maine Revenue Services, P.O. Box 1060 (24 State House Station), Augusta, ME 04332-1060. Telephone: (207) 624-9712. Email: Alexander.J.Weber@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULEMAKING LIAISON: Anya.Trundy@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Atlantic Herring (Period 2 Closes; Open Date Period 3)
ADOPTED RULE NUMBER: 2019-151 (Emergency)
CONCISE SUMMARY: As of August 13, 2019, the Herring Management Area (HMA) 1A fishery has harvested 92% of the Period 2 (July – August) allocation. The Atlantic States Marine Fisheries Commission (ASMFC) has designated zero landing days for the remainder of Period 2, starting Sunday, August 18 through August 31, 2019.
Period 3 (September – October) Atlantic herring fishery will commence on Sunday, September 1, 2019. At the Days Out meeting on April 3, 2019, the Commissioners designated four consecutive landing days, beginning at 6:00 p.m. Sunday to 6:00 p.m. Thursday for vessels issued an Atlantic Herring Limited Access Category A Permit with a weekly landing limit of 160,000 lbs. (4 trucks). The Commissioners designated five consecutive landing days, beginning at 6:00 p.m. Sunday to 6:00 p.m. Friday for vessels issued an Atlantic Herring Limited Access Category C Permit. Limited access harvester vessels may transfer Atlantic herring at-sea to other limited access harvester vessels. All harvester vessels are prohibited from at-sea transfers of Atlantic herring to carrier vessels. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6:00 p.m. to 6:00 p.m.). The Commissioner has determined that it is necessary to take emergency action to implement these limitations to prevent the imminent depletion of the supply of Atlantic herring and to comply with the changes to the interstate management of the Atlantic herring resource. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS §6171(3).
EFFECTIVE DATE: August 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: (207) 633-9500 (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 .

AGENCY: 02-029 - Department of Professional and Financial Regulation (PFR), Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 134 (Regulation 34), Credit Union Service Corporations
ADOPTED RULE NUMBER: 2019-152
CONCISE SUMMARY: This regulation repeals and replaces the former Regulation 34 originally effective on August 21, 1996. Rulemaking is in response to Public Law 2017 ch. 143, which amended the requirements for notifying the Superintendent of investments in credit union service corporations as well as the maximum amount of such investments. The rule also updates citations in federal law that were recodified since the last promulgation of the rule.
EFFECTIVE DATE: August 25, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: David Gordon Laurendeau, Attorney, Department of Professional and Financial Regulation - Bureau of Financial Institutions, 36 State House Station, Augusta ME 04333-0036. Telephone: (207) 624-8574. Fax: (207) 624-8590. Email: David.G.Laurendeau@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/financialinstitutions/ .