September 11, 2024

NOTICE OF STATE RULEMAKING

PUBLIC INPUT FOR RULES  A list of state agency rule proposals is published here each Wednesday. You can get a copy of a proposed rule by contacting the person listed in the notice. You can comment on a proposed rule by submitting a written comment to the agency or by attending the public hearing, if one is scheduled. If no hearing is scheduled, you can request one.  The agency must hold a hearing if it receives 5 or more requests.  If you have a disability and need assistance to participate in a hearing you should tell the agency at least 7 days before the hearing. ONLINE INFORMATION Weekly notices, full text of adopted rules, and a list of agency rulemaking contacts are available at this website: https://www.maine.gov/sos/cec/rules/index.html.

PROPOSALS

AGENCY:  65-407 Public Utilities Commission
CHAPTER NUMBER AND TITLE: Chapter 320 Electric Transmission and Distribution Utility Service Standards
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P271
BRIEF SUMMARY: The Commission initiates a rulemaking to amend Rule 320, Electric Transmission and Distribution Utility Service Standards.  With these amendments, the Commission proposes to add a “field services” metric to section 7 and clarify the reporting requirements in section 10.  The Commission proposes additional non-substantive changes to the rule for consistency and clarity.
PUBLIC HEARING: October 1, 2024 at 1:30pm at the Public Utilities Commission, 26 Katherine Drive, Hallowell, Maine 04347. Persons unable to attend this conference in person may elect to participate virtually by emailing amy.mills@maine.gov at the Commission and requesting a Microsoft Teams invitation. Those unable to attend via video may participate by phone using the dial-in information that appears on the Microsoft Teams invitation (obtained as described above).
COMMENT DEADLINE: October 11, 2024. Written comments on the proposed rule may be filed with the Administrative Director until October 11, 2024. However, the Commission requests that comments be filed by September 24, 2024, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing by October 11, 2024. Written comments should refer to the docket number of this proceeding, Docket No. 2024-00236; be directed to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018; and be filed electronically in the Commission’s Case Management System.
CONTACT PERSON FOR THIS FILING: Amy Mills, 18 State House Station, Augusta, ME 04333; (207) 287- 1321; amy.mills@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different):
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None
STATUTORY AUTHORITY FOR THIS RULE: 35-A M.R.S. Secs. 104, 111, 301(1-A), 2305-A, 3104-A, 3106
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE:  www.maine.gov/mpuc
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: pamela.kowalchuk@maine.gov

AGENCY: 10-144 Department of Health and Human Services, Division of Licensing and Certification
CHAPTER NUMBER AND TITLE: 10-144 CMR Chapter 500, Rules Governing the Maine Certification of Healthcare Cooperative Agreements.
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P274
BRIEF SUMMARY: This routine technical rulemaking repeals 10-144 CMR Chapter 500, Rules Governing the Maine Certification of Healthcare Cooperative Agreements.
PUBLIC HEARING (if any): None
COMMENT DEADLINE: 5 pm. October 11, 2024
CONTACT PERSON FOR THIS FILING:
Jonathan Leach, Compliance Manager
Division of Licensing and Certification
41 Anthony Ave., SHS #11
Augusta, ME 0433
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): NA
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None.
STATUTORY AUTHORITY FOR THIS RULE: PL 2023 Ch 37, An Act to Repeal the Hospital and Health Care Provider Cooperation Act
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.maine.gov/dhhs/about/rulemaking
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: emily.a.cathcart@maine.gov

AGENCY: 16-163 Emergency Medical Services Board (Maine EMS)
CHAPTER NUMBER AND TITLE: Chapter 27: Implementation of EMS Sustainability Program
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P253
BRIEF SUMMARY: The Emergency Medical Services Board is proposing a new rule to implement the sustainability program created by P.L. 2023, c. 412, Pt. GGGGG, Sec. 1, setting forth the application, allocation, and award process for $19,308,000.00, allocating funds to entities eligible under the rule including Transporting Ambulance Services, Non-transporting Ambulance Services, business entities designated as Regional Councils, and Maine EMS-authorized Training Centers.

PUBLIC HEARING (if any):

At their regular meeting on September 4, 2024, the Emergency Medical Services Board voted to hold public hearings on this rule proposal.
•  Region One: York County EMA, 149 Jordan Springs Rd, Alfred, ME, 04002, at 6:00 P.M., on October 3, 2024.
•  Region Two: Department of Public Safety, 45 Commerce Dr, Augusta, ME, 04330 at 6:00 P.M. on October 4th, 2024.
•  Region Three: Eastern Maine Community College, 354 Hogan Rd, Bangor, ME, 04401 at 6:00 P.M. on October 2nd, 2024.
•  Region Four: AR Gould Hospital, 140 Academy St, Presque Isle, ME, 04769, at 6:00 P.M. on October 3rd, 2024.

COMMENT DEADLINE: The comment deadline has been extended from September 21, 2024, to October 15, 2024. Comments may be submitted to Maine EMS no later than 11:59 P.M. on October 15th, 2024.

CONTACT PERSON FOR THIS FILING:
Jason J. Cooney;
152 State House Station,
Augusta, ME 04333-0152;
207-626-3864 – Phone;
207-287-3659 – TTY;
207-287-6251 – Fax;
jason.j.cooney@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): Contact Person is the Same.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): Maine EMS does not anticipate any costs to Municipalities or Counties for compliance with the rule.
STATUTORY AUTHORITY FOR THIS RULE: 32 M.R.S. Sec. 84(1)(A), 32 M.R.S. Sec. 98(4).
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): None
AGENCY WEBSITE: https://www.maine.gov/ems/
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: jason.j.cooney@maine.gov

AGENCY: 29-250 Secretary of State, Bureau of Corporations, Election and Commissions (CEC)
CHAPTER NUMBER AND TITLE: Ch. 525, Rules for Administering the Central Issuance and Processing of UOCAVA Absentee Ballots
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P275
BRIEF SUMMARY: This rule is being amended to facilitate timely and accurate central processing and counting of absentee ballots cast by voters covered by the Uniformed and Overseas Citizen Absentee Voting Act. The amendment corrects errors included in the current version of the rule. It also expands the amount of time that absentee ballots may be processed (removing ballots from the absentee envelopes and depositing them in a locked ballot box) from the day before election day to the 7th day immediately prior to election day in order to facilitate tabulation of the ballots on Election Day. The rule clarifies procedures for UOCAVA voters who opt to return an absentee ballot electronically.  The amendment also clarifies when appointments of wardens, deputy wardens, and election clerks will occur; and provides law enforcement personnel are to take physical control of all ballots and related materials that are involved in a recount, if requested by the Secretary of State.
PUBLIC HEARING (if any): Monday, September 30, 2024, 1 pm, Room 206, Burton Cross Building, 111 Sewall Street, Augusta.
COMMENT DEADLINE: October 10, 2024
CONTACT PERSON FOR THIS FILING: Melissa Packard, Director of Election Admin., Audits and Admin. Services, CEC, 184 State House Station Augusta, Maine 04333-0184. Telephone: (207) 624-7650. E-mail: Melissa.Packard@Maine.gov.
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): Same
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): This rule will not have a fiscal impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: Title 21-A MRS Sec. 783
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): Military and Overseas Voter Empowerment Act (42 U.S.C. 1973ff et seq.)
AGENCY WEBSITE: http://www.maine.gov/sos/cec/elec/
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Dorothy.Canelli@Maine.gov

ADOPTIONS

NOTICE: The effective date of Section 16, subsection C of 01-669 C.M.R. Chapter 21, Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas, is January 1, 2026. See generally Ch. 21, Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas.

AGENCY: 18-674 DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES - MAINE BOARD OF TAX APPEALS
CHAPTER NUMBER AND TITLE: Chapter 100, Maine Board of Tax Appeals Practice and Procedure
ADOPTED RULE NUMBER: 2024-P211

CONCISE SUMMARY:

This rule updates 18-674 C.M.R. ch. 100 Sec. 105(1) to reflect changes made by P.L. 2023, c. 412 to 36 M.R.S.A. Sec. 151(2)(C) limiting the jurisdiction of the Maine Board of Tax Appeals to matters where the amount in controversy is $500,000 or less, which became effective October 25, 2023. 

EFFECTIVE DATE: Saturday, September 14, 2024

AGENCY CONTACT PERSON: Derek A. Jones, Esq., Chief Appeals Officer
AGENCY NAME: Maine Board of Tax Appeals
ADDRESS: 134 State House Station, Augusta, ME  04333-0134
TELEPHONE: 207-287-2863