July 22, 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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 607, ASPIRE-TANF Program Manual: ASPIRE Rule #25P, Working Cars for Working Families
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P110 (2nd publication)
BRIEF SUMMARY: The Department was directed to operate a “Working Cars for Working Families” program, 22 MRS §3769-F, by the 128th Legislature as part of the 2017-2018 biennial budget. The purpose is to assist participants in obtaining and maintaining sustainable employment by providing them with access to reliable, affordable transportation.
The rule establishes the program, sets out eligibility and ongoing participation criteria, and describes the application and decision processes, including termination of services and appeal rights.
The Department prepared this amended “Notice of Agency Rulemaking Proposal” because, following the original publication of the proposed rulemaking documents, on or about July 5, 2020, more than five people requested a public hearing. Pursuant to 5 MRS §8052, the Department has scheduled said hearing and extended the comment period to August 20, 2020.
PUBLIC HEARING: Monday, August 10, 2020 1:00 to 4:00 p.m. Due to the COVID-19 pandemic, this hearing will be conducted virtually. Anyone wishing to attend should join the Microsoft Teams live event accessible at https://teams.microsoft.com/l/meetup-join/19%3ameeting_MThmN2Q2ODUtNTQzMy00ZjMyLTg5N2YtYmFiYjNlMzdmZjM1%40thread.v2/0?context=%7b%22Tid%22%3a%22413fa8ab-207d-4b62-9bcd-ea1a8f2f864e%22%2c%22Oid%22%3a%22f89346ba-710d-4ff8-8766-4d52c4172faf%22%2c%22IsBroadcastMeeting%22%3atrue%7d. Some devices will require that a free app from Microsoft be downloaded prior to joining the event.
Those wishing to provide oral comments must call 1 (855) 797-4357 and select option 9 during the hearing.
The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before Monday, August 3, 2020.
COMMENT DEADLINE: Thursday, August 20, 2020 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING: Julian Baer, Senior Program Manager – TANF/ASPIRE, Department of Health and Human Services - Office for Family Independence. 109 Capital Street – 11 State House Station, Augusta, ME 04330-6841. Telephone: (207) 624-4105. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Julian.Baer@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: The Legislature allocated $6,000,000.00 in TANF Block Grant funding for the Working Cars for Working Families program to be used between July 1, 2018 and June 30, 2022. The Department is in the process of submitting a Request for Proposals from entities to administer the program for the Department. The Department expects that municipalities may experience some increase in revenue from excise taxes and registration fees.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §3769-F
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
OFI RULEMAKING LIAISON: Dan.Cohen@Maine.gov .
DHHS WEBSITE: https://www.maine.gov/dhhs/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 319, Criteria to Exclude Small Transmission Projects and Distribution Projects from Investigation by the Nonwires Alternative Coordinator
ADOPTED RULE NUMBER: 2020-161
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to the Commission’s Criteria to Exclude Small Transmission Projects and Distribution Projects from Investigation by the Nonwires Alternative Coordinator Rule (Ch.319). This rulemaking proceeding follows the Commission’s adoption of an emergency rule on this topic.
EFFECTIVE DATE: July 21, 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: https://www.maine.gov/mpuc/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16. 07, Deer Hunting (Expanded Archery Areas)
ADOPTED RULE NUMBER: 2020-162
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has amended existing expanded archery area boundaries to reflect changed road or landmark names and additions to four of the expanded archery areas: WMD 24 area, Augusta area, Camden area, and Lewiston area. A complete copy of the rule may be requested by contacting the Agency Contact Person.
EFFECTIVE DATE: July 25, 2020
IFW CONTACT PERSON: 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, Wild Turkey Hunting
ADOPTED RULE NUMBER: 2020-163
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended wild turkey hunting rules to allow harvest during the fall season in Wildlife Management District (WMD) 6. WMD 6 will be open during the fall turkey season with a bag limit of one turkey of either sex. All other rules for fall wild turkey hunting will apply. A copy of the rule can be requested from the Agency Contact Person.
EFFECTIVE DATE: July 25, 2020
IFW CONTACT PERSON: 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. 24, Licensed Guides
ADOPTED RULE NUMBER: 2020-164
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife had amended rules as they pertain to licensed guides to include the following: updates based on statutory requirements for criminal background check completion prior to applying and renewing; expand on standards of competency and ethics; update the application and testing process to allow a person to complete the oral and written exams in one day, including allowing a person to continue testing in the three portions of the oral exam even after failing one of them; clarification that for all classifications a guide can conduct over-night camping trips in conjunction with the activities their license classification allows them to guide for; when applying, a higher standard of “field experience” will be required by verifying a minimum of 100 hours within the past 4 years of field experience, training, job shadowing and/or apprenticeship. Anyone testing for hunting or fishing classifications now has the ability to test for a recreational classification by paying the $100 exam fee for each classification beginning January 1, 2021. Please contact the agency contact person for a complete copy of the rule.
EFFECTIVE DATE: July 25, 2020
IFW CONTACT PERSON: 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/ .