April 15, 2020

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: 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 - 2020
PROPOSED RULE NUMBER: 2020-P078
BRIEF SUMMARY: MRS is proposing to repeal and replace Rule 202 (“Tree Growth Tax Law Valuations - 2020). 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.
DETAILED SUMMARY: The rule pertains to providing current use valuations for purposes of assessment of parcels of forest land classified under the Tree Growth Law. The State Tax Assessor calculates the current use value by means of a classification and averaging system which computes current use based on productivity. In computing the current use or productivity for each forest type and region, the assessor must consider the prevailing stumpage price being paid for the various types of trees harvested in each region and the average rate of growth of the three forest types in each region. The rate of growth must be reduced by 10% to reflect the amount of growth that can be harvested on a sustained basis. In addition, the assessor must apply a statutorily prescribed capitalization rate of 8.5% to the value of the annual net wood production.
The rate of growth is a long-term average and is derived from periodic statewide surveys of inventory and growth. The Maine Forest Service uses this data to produce a growth percent value for 15 species/species groups for each of five respective sample units (multi-county). The final values must be adjusted by the certified ratio of each municipality.
PUBLIC HEARING: none.
COMMENT DEADLINE: May 20, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Alex Weber, General Counsel, Maine Revenue Services, P.O. Box 9106, Augusta, ME 04332-9106. Telephone: (207) 624-9712. Fax: (207) 287-3618. TTY: 7-1-1. Email: Alexander.J.Weber@Maine.gov.
FINANCIAL 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 §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.maine.gov/revenue.
BRS RULEMAKING LIAISON: Anya.Trundy@Maine.gov.

ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.11, Migratory Game Bird Hunting
ADOPTED RULE NUMBER: 2020-090
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to season dates and bag limits for the hunting of ducks, geese and other migratory game birds. The rule will protect migratory game birds from over-harvest by setting these limitations. The second segment of the coastal zone hunt is set to start on November 6, 2020 to include a weekend that would otherwise be lost if the season was set to be concurrent with the sea duck season as in the past. Please contact the agency contact person for a complete copy of the rule.
EFFECTIVE DATE:  April 12, 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/.

AGENCY: 65-407 - Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 311, Portfolio Requirement
ADOPTED RULE NUMBER: 2020-091 (Final adoption, major substantive)
CONCISE SUMMARY: The Public Utilities Commission finally adopts amendment to Section 4(B) of 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).
EFFECTIVE DATE: May 7, 2020
MPUC CONTACT PERSON / RULEMAKING LIAISON: Jamie Waterbury,  Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov.
MPUC WEBSITE: http://www.maine.gov/mpuc/.