March 10, 2021

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: 16-219 – Department of Public Safety (DPS), Office of State Fire Marshal (FMO)
CHAPTER NUMBER AND TITLE: Ch. 50, Death Benefits for Firefighters Who Die in the Line of Duty
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P041
BRIEF SUMMARY: This routine technical rule proposal will make permanent emergency rule 2021-031 adopted and made effective January 25, 2021. The rule is being proposed to meet death benefit increases in accordance with 25 MRS §1612.
PUBLIC HEARING: N/A
COMMENT DEADLINE: April 9, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / FMO RULEMAKING LIAISON: Richard E. Taylor, Sr. Planning and Research Analyst, FMO, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3873. Email: Richard.E.Taylor@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 25 MRS §1612
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FMO PROPOSED RULES WEBSITE: https://www.maine.gov/dps/fmo/fire-service-laws/rules/proposed .
FMO WEBSITE: https://www.maine.gov/dps/fmo/ .

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 - 2021
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P042
BRIEF SUMMARY: MRS is proposing to repeal and replace rule chapter 202 ("Tree Growth Tax Law Valuations"). The following changes are being made to the proposed rule. The rule is being replaced to provide updated valuation rates for each forest type by region. 36 MRS §576 requires that the State Tax Assessor annually establish the value per acre for each forest type, by economic region, for parcels classified under the Tree Growth Tax Law.
PUBLIC HEARING: none
COMMENT DEADLINE: April 9, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MRS RULEMAKING LIAISON: Alex Weber, General Counsel, Maine Revenue Services, 51 Commerce Drive – 24 State House Station, Augusta, Maine 04330. Telephone: (207) 624-9712. 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 §576
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.maine.gov/revenue .
DAFS RULEMAKING LIAISON: Anya.Trundy@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, FS 219P (Temporary Student Policy): Section FS 444-7, Households with Special Circumstances, Students
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P043
BRIEF SUMMARY: This rule change proposes to implement expanded eligibility for post-secondary students from January 16, 2021 through any certification period begun during the COVID-19 Public Health Emergency (PHE) or within 30 days of the date the COVID-19 PHE is terminated. This temporary expansion of eligibility for students would change the previous restriction on student eligibility for Food Supplement Program benefits. 7 USC §2015(e) and 7 CFR §273.5. As a result, Food Supplement benefits will be available to more individuals.
A rule change is necessary to remain in compliance with PL 116-260. The Consolidated Appropriations Act, 2021 (PL 116-260) Title VII Nutrition and Agriculture Relief, Subtitle A Nutrition, Section 702(e) requires that students enrolled at least half-time in an institution of higher education and are eligible for work study or with an expected family contribution of $0 are not per se ineligible for Food Supplement Program benefits based on their student status. This expansion of eligibility is effective for any certification period in effect between January 16, 2021 and until 30 days after the COVID-19 PHE ends.
This rulemaking is distinct from 217P which was proposed on February 17, 2021, though both arise from the same Consolidated Appropriations Act, 2021.
The Department implemented these changes on an emergency basis on February 18, 2021 effective January 16, 2021, in Rulemaking No. FS219E. Because the emergency rule is effective for only 90 days, this rulemaking is necessary to make the changes permanent.
The Consolidated Appropriations Act was enacted on December 27, 2020, requiring expanded student eligibility be implemented no later than January 16, 2021. Food and Nutrition Services (FNS) provided the final guidance in a February 2, 2021 memo. Accordingly, the Department proposes to adopt this rule change to apply retroactively, effective January 16, 2021, to Food Supplement eligibility. Retroactive rulemaking is authorized by the Legislature in accordance with 22 MRS §42(8) because this rule would provide a benefit to recipients or beneficiaries and would not have an adverse financial effect on either providers or beneficiaries or recipients.
Additionally, the Department regularly reviews rules for readability, consistency, and contemporariesness. To these ends, the following changes are proposed:
1) Formatting and enumeration would be updated for ease of reference and consistency with other sections of this manual, and other Office for Family Independence manuals;
2) The list of exemptions to student ineligibility would be reorganized to list them from the easiest to verify and apply to the most cumbersome;
3) Incorrect citations would be corrected.
4) Redundant conjunctions would be removed;
5) Names of programs would be updated or added as needed;
6) Gender specific pronouns would be replaced with gender neutral ones;
7) The Subsection on treatment of income would be dramatically reworded to read more like a list of requirements and less like an instruction manual for Department staff, and be updated to minimize redundancies; and
8) A detailed example that has caused some confusion about income and expense averaging strategies would be removed, and the process for that averaging would be consolidated to its own paragraph for emphasis.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None Scheduled.
COMMENT DEADLINE: Monday April 12, 2021.
CONTACT PERSON FOR THIS FILING: Ian Miller, Senior Program Manager–Food Supplement, Department of Health and Human Services - Office for Family Independence, 109 Capitol Street – 11 State House Station, Augusta, ME 04330-6841. Telephone: (207) 624-4138. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Ian.Miller@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42(1),(8); 3104(1); PL 116-260
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
OFI WEBSITE: https://www.maine.gov/dhhs/ofi .
OFI RULEMAKING LIAISON: Dan.Cohen@Maine.gov .
DHHS WEBSITE: https://www.maine.gov/dhhs/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 99-639 - ConnectMaine Authority (formerly ConnectME Authority)
CHAPTER NUMBER AND TITLE: Ch. 101, ConnectMaine Authority
ADOPTED RULE NUMBER: 2021-053
CONCISE SUMMARY: This rule implements the changes in law in PL 2019 ch. 625 that changes the requirements for data reporting from internet service provider to the ConnectMaine authority. The statute makes the information designated as confidential and not a public record under Title 1 §402 sub-§3. The rule also changes the name of the ConnectME Authority to the ConnectMaine Authority, makes minor changes in the planning grant portion or the rule and updates some of the definitions used in the rule.
EFFECTIVE DATE: March 8, 2021
AGENCY CONTACT PERSON: Stephenie MacLagan, Assistant Executive Director, ConnectME Authority, 59 State House Station, Augusta, ME 04330-0059. Telephone: (207) 592-8790. Email: S.MacLagan@Maine.gov .
AUTHORITY RULEMAKING LIAISON: Peggy.Schaffer@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Closures: (9) Isle au Haut RA; (10) Expanded Swan’s Island; (11) Cobscook, Whiting & Dennys Bays & St. Croix River; (12) Expanded Upper Frenchman Bay
ADOPTED RULE NUMBER: 2021-054 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to establish a scallop conservation closure in the St. Croix River in Zone 3; and to expand existing closures in Frenchman Bay, Swan’s Island and Isle au Haut rotational areas. The Department is concerned that continued harvesting for the remainder of the 2020-2021 fishing season in these areas will reduce scallop broodstock further, as well as jeopardize sublegal scallops that were observed in the 2020 Spring Scallop survey that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource. An immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource in these four scallop resource areas. For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery in these areas as authorized by 12 MRS §6171(3)(A).
EFFECTIVE DATE: March 7, 2021
DMR CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 441-5040. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: https://www.maine.gov/dmr/index.html .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
ADOPTED RULE NUMBER: 2021-055
CHAPTER NUMBER AND TITLE: Ch. 2.95, Water Quality Classifications and Shellfish Aquaculture; Maximum Seed Sizes in Prohibited Areas
CONCISE SUMMARY: This rule pertains to seed shellstock that is cultured within the prohibited growing area classification. The regulation requires the removal of cultivated seed from prohibited areas before it exceeds the listed maximum size for each species contemplated. The rule is necessary to comply with provisions set forth in the National Shellfish Sanitation Program Model Ordinance (Model Ordinance). The rule eliminates the need to close receiving aquaculture lease or license sites for depuration, provided seed is moved in compliance with what is specified in the rule. The rule removes the existing requirement that a permit be obtained for seed that comes from any growing area not classified as approved or conditionally approved. Aquaculturists cultivating seed in prohibited areas must have a DMR approved operations plan that needs to include corrective action for dealing with seed that exceeds the maximum size specified in the rule. Failure to implement the corrective actions will result in the destruction of the seed. The Department has also adopted a rule change to ch. 94 (Sanitary Control of Molluscan Shellfish), which specifies that aquaculture lease and license holders may buy, or possess seed from growing areas in the prohibited classification, so long as the seed size complies with what is set forth in this regulation.
ADOPTED RULE NUMBER: 2021-056
CHAPTER NUMBER AND TITLE: Ch. 30.03, Taking of River Herring from Walker’s Brook
CONCISE SUMMARY: In consideration of successful restoration efforts at Walker’s Pond in Brooksville, DMR has established a limited recreational fishery in Walker’s Brook. The rule authorizes the take of river herring from May 15th through June 5th. In accordance with existing regulations and statutes, individuals may take up to 25 river herring per day using hook and line or dip net. Although fishing is allowed in Walker’s Brook from May 15th through June 5th, the weekly closed periods still apply, so that fishing is prohibited from 6:00 am Thursday to 6:00 a.m. Sunday. The regulation does not expressly reference the method of take, daily limit, and weekly closed periods because these restrictions are already specified in other sections of DMR’s regulations and statutes.
ADOPTED RULE NUMBER: 2021-057
CHAPTER NUMBER AND TITLE: Ch. 32, Elver Quota System for the 2021 Season
CONCISE SUMMARY: This rule establishes the elver quota allocations for the 2021 season for individuals licensed under §§ 6505-A and 6302-A, and the method of calculating individual elver quota allocations for individuals licensed under §6505-A. 2021 allocations for individuals who held a license in 2020 are the same as their 2020 allocations, plus any quota associated with licenses not renewed in 2020, or licenses suspended for the duration of the 2021 season, in excess of that which is allocated to new license holders, which will be distributed evenly to all existing license holders. Finally, the rule establishes a tending requirement, so that the contents of fyke nets and Sheldon box traps are removed at least once every 16 hours. The tending requirement is intended to reduce by-catch and elver mortality by requiring harvesters to check nets and box traps on a regular basis.
ADOPTED RULE NUMBER: 2021-058
CHAPTER NUMBER AND TITLE: Ch. 34.07, Atlantic Halibut Season
CONCISE SUMMARY: In May 2020, the Department of Marine Resources adopted an emergency rule in order to remain within the state waters subcomponent of the federal Annual Catch Limit, and to prevent accountability measures from being triggered if the Allowable Biological Catch is exceeded. The Department incorporates the emergency changes via this regular rule. This rule reduces the length of the state waters halibut season by one week at each end of the season (resulting in a season of May 18-June 13). This action is intended to protect and conserve the halibut resource in compliance with the federal management plan and avoid future implementation of accountability measures.
ADOPTED RULE NUMBER: 2021-059
CHAPTER NUMBER AND TITLE: Ch. 94, Sanitary Control of Molluscan Shellfish
CONCISE SUMMARY: This rule amends ch. 94 to reference the most current version of the National Shellfish Sanitation Program Model Ordinance (Model Ordinance). The rule also specifies certain compliance requirements for the operation of buying stations. Specifically, buying station representatives need to maintain activity logs that document information such as date and time of purchase, quantity of shellstock purchased, and the date and time of harvest. The regulation also specifies that vehicles must have a mechanical refrigeration unit, onboard thermometer and a time/temperature data logger. The rule also changes the expiration date of Shellfish Sanitation Certificates, Bulk Tagging, and Buying Station Permits from June 1st to April 1st. The expiration date for wet storage permits has changed from August 1st to April 1st. The Department has processed a rule change to ch. 2 (Aquaculture Regulations), which establishes maximum seed size definitions for growing areas in the prohibited classification. In order to maintain consistency with those changes, this rule specifies that aquaculture lease and license holders may buy or possess seed from growing areas in the prohibited classification, so long as the seed size complies with definitions established in ch. 2.
ADOPTED RULE NUMBER: 2021-060
CHAPTER NUMBER AND TITLE: Ch. 115, Vibrio parahaemolyticus Control Plan
CONCISE SUMMARY: This regulation adds specified areas of the Scarborough and Nonesuch Rivers and Spinney Creek to existing vibrio control areas. It changes the dates the control plan is in effect in all designated control areas from May 1st through October 31st to June 1st though October 15th. It changes the submission deadline for control plans from March 1st to April 1st. The rule also modifies what information harvesters and dealers must include in their control plans. It also permits recreational harvest in designated control areas provided the town has a municipal shellfish ordinance that issues recreational licenses, and the municipality provides vibrio education to recreational harvesters prior to the issuance of the recreational license.
EFFECTIVE DATE: March 13, 2021
DMR CONTACT PERSON: Amanda Ellis, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/
DMR WEBSITE: https://www.maine.gov/dmr/index.html .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .