October 13, 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: 17-229 - Department of Transportation (MDOT)
CHAPTER NUMBER AND TITLE: Ch. 305, Rules and Regulations Pertaining to Traffic Movement Permits
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2021-P184 (Revised)
BRIEF SUMMARY: This amendment to the rule will rescind and replace the current rules. The changes include updated definitions and sections added to the rule to provide for multi-modal trips and to address the developer review process. Included are updates providing general clarifications to the content of the rule.
DETAILED SUMMARY:
1. This proposed rulemaking action completely rescinds and replaces the existing rule.
2. The existing Traffic Movement Permit rule was formatted in the same way as the MDEP Site Law Rules. As a result, the application process and key permitting requirements were not set out in a user-friendly format with terms adequately defined, causing much confusion for applicants. The following changes improve the rule and make it easier to follow and enforce:
  a. The new rule has been reformatted in a way that places the requirements in logical order, making them clearer and easier to follow.
  b. To clear up inconsistencies and superfluous terms, certain definitions that came with the MDEP umbrella have been eliminated in the revised rule, and pertinent definitions have been added for terms such as Common Scheme of Development and Interested Person. New definitions dealing with multi-modal trips have also been added.
  c. The revised rule updates and replaces references to seven MaineDOT Regional Divisions with references to the current structure of five MaineDOT Regional Offices.
  d. The revised rule removes engineering standard references from the rules. Those references will be handled through the development of the MaineDOT Traffic Analysis Guidelines which will contain the methodologies used to analyze the TMP submittals.
  e. The revised rule creates an expedited review process for those projects that have known or negligible impacts and codifies the term “Pre-scoping meeting,” which was previously undefined.
  f. The revised rule creates a defined study area for multi-modal trips which is adjusted depending on whether the study area is rural or urban.
  g. The revised rule refers to the Highway Safety Manual when discussing high crash location solutions and requires that multi-modal solutions be considered before widening a roadway.
  h. The revised rule includes a section on the Developer Review Process, introduces a Developer Right of Way Committee, and gives time frames for when the ROW process needs to happen. For projects that require applicants to acquire rights to add turn lanes or to install traffic signals, this section will insure that developers convey acquired ROW to MaineDOT after they complete the required mitigation.
PUBLIC HEARING: November 1, 2021 - 1:00 p.m.
Hearing to be held via Zoom and in person:
Room 116, MaineDOT Headquarters
24 Child Street, Augusta, Maine 04330
https://mainedot.zoom.us/j/99374320934?pwd=SzU4V08xendkZlFjaDZKRC82T21idz09 .
Meeting ID: 993 7432 0934
Passcode: 461850
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Meeting ID: 993 7432 0934
Please contact Dawn.Payne@Maine.gov if you would like the meeting link forwarded to you directly
COMMENT DEADLINE: November 15, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MDOT RULEMAKING LIAISON: James Billings, MaineDOT, 16 State House Station, Augusta, Maine 04333. Telephone: (207) 624-3020. Email: James.Billings@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Negligible
STATUTORY AUTHORITY FOR THIS RULE: 23 MRS §704-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MDOT RULEMAKING WEBSITE: https://www.maine.gov/mdot/rulemaking/ .
MDOT WEBSITE: https://www.maine.gov/mdot/ .

AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 391, Motor Vehicle Insurance Identification Cards
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P185
BRIEF SUMMARY: The purpose of the proposed rule amendment is to implement a new provision at 29-A MRS §1601(10), in the General Financial Responsibility subchapter, requiring that motor vehicle insurance identification cards list any person excluded from coverage under a personal motor vehicle insurance policy.
PUBLIC HEARING: November 4, 2021, at 2:00 p.m. from the Department of Professional and Financial Regulation, Bureau of Insurance, 76 Northern Avenue, Gardiner, ME 04345. Instructions for registering for and attending the hearing remotely, by either audio-visual link or telephone, are on the Bureau of Insurance website, www.maine.gov/pfr/insurance.
COMMENT DEADLINE: 4:30 p.m., November 15, 2021, by mail or email to the Contact Person.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Brittnee Greenleaf, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8491. TTY users use Maine Relay 711. Email: Brittnee.L.Greenleaf@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRS §212; 29-A MRS §1601(10)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
AGENCY PROPOSED RULES WEBSITE: https://www.maine.gov/pfr/insurance/legal/rules/index.html#proposed .
BUREAU RULE WEBSITE: https://www.maine.gov/pfr/insurance/ .
BUREAU RULEMAKING LIAISON: Benjamin.Yardley@Maine.gov .

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
PROPOSED RULE NUMBER: 2021-P186
TYPE OF RULE: Major Substantive
CHAPTER NUMBER AND TITLE: Ch. 120, Release of Data to the Public
BRIEF SUMMARY: These proposed changes updates definitions and several data elements available for release to authorized data recipients based on how our data user’s needs have changed; and due to new and existing laws that allow for the collection of certain data elements as well as the release of these data, including PL 2021 ch. 423 and PL 2017 ch. 218.
Copies of these proposed rules can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: November 4, 2021, at 9:00 a.m. (Remote only). Please note: This public hearing will be held virtually. To attend via zoom, select the link below or call
the number provided to attend via conference call.
Zoom meeting link: https://mainestate.zoom.us/j/85411336720
Call in number: 1-646 876-9923
Meeting ID: 854 1133 6720
COMMENT DEADLINE: November 15, 2021 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / MHDO RULEMAKING LIAISON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street - 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: (207) 287-6732. Email: Debra.J.Dodge@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES. This rule will not have a fiscal impact on municipalities, counties or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: PL 2021 ch. 423; 22 MRS §8704(4). MHDO has authority to adopt rules necessary for the proper administration and enforcement of the requirements of 22 MRS ch. 1683.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/ .

AGENCY: 90-590 - Maine Health Data Organization (MHDO), and 10-144 - Department of Health & Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
PROPOSED RULE NUMBERS: 2021-P187, P188
TYPE OF RULE: Routine Technical
CHAPTER NUMBER AND TITLE: Ch. 730, Interagency Reporting of Cancer Registry and Vital Statistics Data
BRIEF SUMMARY: PL 2021 ch. 423, An Act To Improve Health Care Data Analysis, requires the Maine Health Data Organization and the Department of Health and Human Services to adopt a joint rule to require the reporting to the MHDO of data from the cancer-incidence registry established pursuant to 22 MRS §1404 and data related to the registration of vital statistics pursuant to 22 MRS §2701. This new rule meets the requirement as defined above.
Copies of these proposed rules can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: November 4, 2021, at 9:00 a.m. (Remote only). Please note: This public hearing will be held virtually. To attend via zoom, select the link below or call the number provided to attend via conference call.
Zoom meeting link: https://mainestate.zoom.us/j/85411336720
Call in number: 1-646 876-9923
Meeting ID: 854 1133 6720
COMMENT DEADLINE: November 15, 2021 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING: Debra Dodge, Maine Health Data Organization, 151 Capitol Street - 102 State House Station, Augusta, ME 04333. Telephone (207) 287-6724. Fax: (207) 287-6732. Email: Debra.J.Dodge@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES. This rule will not have a fiscal impact on municipalities, counties or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: PL 2021 ch. 423; 22 MRS §§ 1406-A, 2706 sub-§2-A, 8715-A.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/ .
MAINE CDC WEBSITE: https://www.maine.gov/dhhs/mecdc/ .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Rules (Boating Events)
PROPOSED RULE NUMBER: 2021-P189
TYPE OF RULE: Routine Technical
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to amend ch. 13, Watercraft Rules, to implement a permitting process for motorboat race events, boat regattas, parades, non-motorized boat races and boat or water-ski exhibitions. The proposal aims to address application details, expectations and conditions that must be adhered to for the event applicant(s) and participants(s) and consequences for the permit holder(s) as well as participants if violations occur. If adopted, the new rules will have an effective date of May 1, 2022. A complete copy of the proposed rule may be requested by contacting the Agency Contact Person.
PUBLIC HEARING: Monday, November 1, 2021 @ 5:00pm – Camden National Bank Ice Vault, 203 Whitten Road, Hallowell, ME.
COMMENT DEADLINE: November 11, 2021
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, 13061
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 29, Species of Special Concern
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P190
BRIEF SUMMARY: In accordance with Public Law ch. 65, titled An Act To Amend Maine’s Wildlife Laws Regarding Species of Special Concern, the Department is proposing new rule ch. 29 to establish criteria for determining when a species of fish or wildlife that is not an endangered species or a threatened species is of special concern. The proposed rule includes criteria for categories of species of special concern, including a category for species that are rare. The commissioner shall use the list, if adopted, in administering 12 MRS §12152 and may also use the list in administering any other laws or programs or when providing advisory recommendations to other entities or agencies on fish and wildlife matters in accordance with applicable laws or rules. A complete copy of the proposed rule may be requested by contacting the Agency Contact Person.
PUBLIC HEARING: Monday, November 1, 2021 @ 4:00pm – Camden National Bank Ice Vault, 203 Whitten Road, Hallowell, ME.
COMMENT DEADLINE: November 11, 2021
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. Tele phone: (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 §§ 10105, 12152
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 128 (New), Advanced Clean Trucks Program
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P191
BRIEF SUMMARY: The Department is proposing to adopt California’s Advanced Clean Trucks Rule (ACT) to accelerate sales of zero-emission medium- and heavy-duty vehicles and reduce greenhouse gas emissions and criteria air pollutants from on-road mobile sources in Maine. Manufacturers are the regulated party and ACT will help ensure that truck manufacturers offer affordable zero emission vehicle choices to fleets.
PUBLIC HEARING: 9:00 a.m., November 4, 2021, Augusta Civic Center, 76 Community Drive, Augusta
COMMENT DEADLINE: November 15, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Lynne Cayting, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7599. Email: Lynne.A.Cayting@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 576-A, 585, 585-A, 585-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: https://www.maine.gov/dep/
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Mark.T.Margerum@Maine.gov .

ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 611, Maine Education Savings Program
ADOPTED RULE NUMBER: 2021-211
CONCISE SUMMARY: The rule amendments (a) make adjustments consistent with changes to the provisions of the Internal Revenue Code governing qualified tuition plans, and corresponding State legislation; (b) remove provisions that are no longer applicable to the program; (c) make adjustments to service provider terminology to reflect future multiple service providers to the program; and (d) make various clarifications which are not considered material.
EFFECTIVE DATE: October 10, 2021
AGENCY CONTACT PERSON: Katryn Gabrielson, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263 x3515. Email: kgabrielson@famemaine.com .
FAME RULEMAKING LIAISON: CRoney@FameMaine.com .
FAME WEBSITE: https://www.famemaine.com/ .

AGENCY: 02-395 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Plumbers’ Examining Board
CHAPTER NUMBER AND TITLE: Ch. 4, Installation Standards
ADOPTED RULE NUMBER: 2021-212
CONCISE SUMMARY: The adopted rule repeals 02-395 ch. 4, Installation Standards, and replaces it with a rule with the same title and in the same location that adopts and establishes installation rules and incorporates by reference into board rule the International Association of Plumbing and Mechanical Officials 2021 Uniform Plumbing Code, Copyright © 2020, 29th edition, Third Printing, May 2021, as the standard for plumbing installations in the State of Maine, subject to the exclusions and amendments as set forth in the rule.
EFFECTIVE DATE: January 1, 2022
BOARD CONTACT PERSON: Catherine M. Carroll, Board Administrator, Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation, Plumbers’ Examining Board, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. TTY users call Maine Relay 711. Email: Catherine.M.Carroll@Maine.gov .
BOARD WEBSITE: https://www.maine.gov/pfr/professionallicensing/professions/plumbers-examining-board .
OPOR RULEMAKING LIAISON: Kristin.Racine@Maine.gov .