October 23, 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: 05-071 –Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 132, Learning Results: Parameters for Essential Instruction
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2019-P236
BRIEF SUMMARY: As part of this revision, the English Language Arts, Mathematics, and Career and Education Development standards have been reformatted into our newly designed Maine Learning Results structure. This structure divides each content standards into three stages of development, childhood, pre-adolescence, and adolescence. Within these stages, we have also identified the associated grade levels, elementary, middle, high school. Additionally, we have standardized the language used so that the following three descriptors mean the same for each content area. These descriptors and their corresponding definitions are:
Strand: A body of knowledge in a content area identified by a simple title.
Standard: Enduring understandings and skills that students can apply and transfer to contexts that are new to the student.
Performance Expectation: Building blocks to the standard and measurable articulations of what the student understands and can do.
The Career and Education Development standards have been renamed, Life and Career Ready standards, and have been built from the implicit intent of the 2007 Career and Education Development Standards and explicitly articulate the interdependent relationships among the knowledge, skills, and attitudes of career development, academic learning, and the Maine Learning Results Guiding Principles. The standards articulate the symbiotic relationship among self-knowledge, self-management, aspirations, career awareness, planning and adaptability in ever-evolving life and career environments. The performance expectations of the Life and Career Ready standards are articulated in developmental progressions that reveal changes in the complexity of what a student can do in contexts that shift from classroom, to school, to local community, to global community all designed to lead to fluid expression of conceptual understandings and skill sets needed for post high school opportunities.
Minor adjustments to the Mathematics standards language has been made to fit in the provided template. The 8 mathematical practice standards were not changed during the reformatting but were connected to the guiding principles that are part of the Maine Learning Results. The initial structure of the Mathematics standards had grade level/grade spans, domains, cluster titles, content standards, and mathematical practice standards. The reformatting of the standards resulting in relabeling the structure to now be grade level/grade span, strand, standard, performance expectations, and guiding principles/mathematical practice standards. Through this reformatting the number of standards were reduced and the vertical progression of learning within and across grade levels/spans were articulated. The original structure of the standards contained an overall total of 507 standards (K-12), with 46 identified at the high school level as advanced standards. The new structure of the standards contains an overall total of 109 standards (K-12), with 12 identified at the high school level as advanced standards.
The English Language Arts standards have been revised to be streamlined and direct, reflecting the essential learning for ELA/literacy development. The standards are revised in teacher-friendly language and maintain the four strands currently found in the CCSS: reading, writing, speaking & listening, and language. The proposed speaking and listening standards have been condensed from six standards to four. Two standards for comprehension and collaboration combine expectations for listening to gain knowledge and evaluate speakers with digital literacy development to honor current learning opportunities and resources. The proposed reading standards are significantly reorganized. Three foundational skills standards currently separated from the reading standards are moved to the front of the reading strand with expectations for continued support of foundational skills throughout the literacy progressions. Three standards each for key ideas and details and for craft and structure remain but are expressed as essential concepts for literacy development and are no longer articulated in separate standards for literature, informational, history/social studies, or science/technical texts. The text-specific details will move to guidance and support instead of remaining as separate grade-specific performance expectations. Three standards for integration of knowledge and ideas are combined to reflect to primary areas of study for this category of literacy development. One standard for range of reading and level of text complexity has been moved to the reading preamble, a statement of overall intention for the development of reading skills. The final reading standard is the fourth foundational standard and addresses fluency as an expectation for K-12 development. The proposed writing standards represent the greatest change to the document and reflect the most critical aspects of developing strong writing skills. Ten standards are reduced to three: inquiry to build and present knowledge, process and production, and composing for audience and purpose. Range of writing, like reading, becomes a component of the strand preamble and articulates the expectations for writing development. The standards for text types and purposes move to guidance and support to provide teachers more flexibility in developing a variety of writing forms. The process and production standard incorporates the development of digital literacies and evolving use of technology. Composing for audience and purpose also reflects the development of digital literacy and wide variety of writing, composing, collaborating, and publishing opportunities presented to students today. The proposed writing standards do not articulate separate expectations for content writing development.
PUBLIC HEARING: November 13, 2019 from 1-4 p.m. in Room 103 A of the Cross State Office Building, Augusta, Maine
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Beth Lambert, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6642. Email: sis.doe@maine.gov .
COMMENT DEADLINE: November 27, 2019
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §6211
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 20-A §6209
DOE WEBSITE: https://www.maine.gov/doe/home.
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov.

AGENCY: 19-100 - Department of Economic and Community Development (DECD)
CHAPTER NUMBER AND TITLE: Ch. 100, Pine Tree Development Zone Program
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P237
BRIEF SUMMARY: The Pine Tree Development Zone Program was established by the Legislature in 2003 and has been amended in 2005, 2009, 2018 and in 2019. The most recent amendment removed the statutory requirement that the State Economist review applications for Pine Tree Development Zone certification and provide an opinion to DECD. DECD administers the program. This rule establishes criteria to determine eligibility for the Pine Tree Development Zone program, the process used by businesses to apply for certification and the requirements that must be met and maintained to claim benefits available to a certified business.
PUBLIC HEARING: none
COMMENT DEADLINE: November 29, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Andrea K. Smith, DECD, 59 State House Station, Augusta ME 04333-0059. Telephone: (207) 624-9813. Email: Andrea.Smith@Maine.gov.
FINANCIAL IMP ACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: PL 2009 ch. 337
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 30-A MRS ch. 206
DECD WEBSITE: www.maine.gov/decd/.
DECD RULEMAKING LIAISON: Douglas.Ray@Maine.gov.

AGENCY: 19-100 - Department of Economic and Community Development (DECD)
CHAPTER NUMBER AND TITLE: Ch. 400, Employment Tax Increment Financing Program
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P238
BRIEF SUMMARY: The Employment Tax Increment Financing program is designed to encourage the creation of net new quality jobs in the State, improve and broaden the tax base and improve the general economy of the State. This chapter sets forth the provisions by which a business may utilize this program, describes application requirements, state review procedures, designation procedures, the calculation of employment tax increment, annual reporting requirements, and program administration.
PUBLIC HEARING: none
COMMENT DEADLINE: November 29, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Andrea K. Smith, DECD, 59 State House Station, Augusta ME 04333-0059. Telephone: (207) 624-9813. Email :Andrea.Smith@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: PL 2011 ch. 655
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRS ch. 917
DECD WEBSITE: www.maine.gov/decd/.
DECD RULEMAKING LIAISON: Douglas.Ray@Maine.gov.

ADOPTIONS

AGENCY: 03-201 - Maine Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual – Adult: 20.1, Prisoner Discipline
ADOPTED RULE NUMBER: 2019-178
CONCISE SUMMARY: The Maine Department of Corrections has adopted a rule to improve the prisoner discipline process. These amendments improve the informal resolution process, which will be an incentive for prisoners to use this process to dispose of applicable rule violations. In addition, some of the dispositions for rule violations have been reduced and some have been increased to reflect the seriousness of the violation. Also, efficiency will be achieved through technology, eliminating duplicative work by staff, and other clarifications.
EFFECTIVE DATE: November 6, 2019
DOC CONTACT PERSON / RULEMAKING LIAISON: Mary Lucia, Maine Department of Corrections, 111 State House Station, Augusta, ME 04333. Telephone: (207) 287-4681. Email: Mary.A.Lucia@Maine.gov.
DOC WEBSITE:http://www.maine.gov/corrections/.

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBERS AND TITLES:
Ch. 1, Open Water and Ice Fishing Regulations
Ch. 1-A, State Heritage Fish Waters
ADOPTED RULE NUMBERS: 2019-179, 180
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to open water fishing and ice fishing. This body of rules is printed in its entirety in the Open Water & Ice Fishing Laws and Rules booklet (January 1, 2020 – December 31, 2020) and will be available from the Department, online at www.maine.gov/ifw, as well as license agents. The Department has also added five waters to the State Heritage Fish waters list and will be removing three waters. For a copy of adopted changes prior to release of the laws and rules booklet, please contact the Agency Rulemaking Contact Person.
EFFECTIVE DATE: January 1, 2020
IFW 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/.