December 4, 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: 18-125, Maine Revenue Services, Department of Administrative & Financial Services
CHAPTER NUMBER AND TITLE: Chapter 308, Direct Payment Permits
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P319
BRIEF SUMMARY:  Rule 308 establishes a system for combined reporting of purchases by manufacturers and utilities under a direct payment permit.  This amendment would conform Rule 308 with statutory changes in P.L. 2023, c. 643, Pt. H and P.L. 2023, c. 673 (generally imposing sales tax on leases and rentals), and make other minor technical language changes.
PUBLIC HEARING (if any): N/A
COMMENT DEADLINE: January 3, 2025
CONTACT PERSON FOR THIS FILING:
Alex Weber, General Counsel, Maine Revenue Services
24 State House Station
Augusta, ME 04333-0024
Phone: (207) 624-9712
Email: alexander.j.weber@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): N/A

STATUTORY AUTHORITY FOR THIS RULE: 36 M.R.S. Sec. 112

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A

AGENCY WEBSITE: www.maine.gov/revenue

EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: anya.trundy@maine.gov

AGENCY:  18-125 Department of Administrative and Financial Services (DAFS), Maine Revenue Services (MRS)
CHAPTER NUMBER AND TITLE:  Chapter 801, Apportionment
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P320
BRIEF SUMMARY: MRS is proposing to amend Rule 801 (“Apportionment”) to clarify the sourcing of receipts from the performance of services, including providing an initial set of examples to illustrate sourcing as applied to certain services.  For purposes of applying a variation to apportionment, the rule clarifies the definition of compensation with respect to the use of the payroll factor by specifying that 85% of payments made to an employee-leasing company for leased employees and 100% of payments made to a temporary service company for temporary employees are included as compensation.  Other formatting and technical changes are made throughout to enhance clarity.
PUBLIC HEARING (if any):  N/A
COMMENT DEADLINE:  January 17, 2025
CONTACT PERSON FOR THIS FILING: Alex Weber, Office of General Counsel, Maine Revenue Services, 24 State House Station, Augusta, ME 04333-0024, (207) 624-9712, alexander.j.weber@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different):  N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):  N/A
STATUTORY AUTHORITY FOR THIS RULE:  36 M.R.S. Sec. 112 and Ch. 821 of Maine Revised Statutes, Title 36
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):  N/A
AGENCY WEBSITE:  www.maine.gov/revenue

EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON:  Anya.Trundy@maine.gov

ADOPTIONS

AGENCY:  01-015 Maine Milk Commission, Agriculture, Conservation and Forestry
CHAPTER NUMBER AND TITLE: Chapter 3-Schedule of Minimum Prices Order#12-24
ADOPTED RULE NUMBER: 2024-267

CONCISE SUMMARY:

Minimum December 2024 Class I price is $24.68/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $28.02/cwt. that includes a $0.20/cwt Federal promotion fee. 

EFFECTIVE DATE: Sunday, December 1, 2024

AGENCY CONTACT PERSON:  Julie-Marie R. Bickford
AGENCY NAME:  Maine Milk Commission, DACF
ADDRESS: 28 SHS, Augusta, ME 04333
TELEPHONE: 207-287-7521

AGENCY: 12-702 Department of Labor, Paid Family and Medical Leave 
CHAPTER NUMBER AND TITLE: Chapter 1, Rules Governing Paid Family and Medical Leave
ADOPTED RULE NUMBER: 2024-268

CONCISE SUMMARY:
This Rule provides definitions and procedures for implementing the paid family and medical leave (PFML) program, which was adopted in 2023.  This new law, codified at 26 M.R.S. Secs. 850-A through 850-R, will apply to most employees and employers in the State of Maine. PFML will provide up to 12 weeks of paid leave per benefit year for family, medical or safe leave or leave related to a family members impending military deployment, with such benefits beginning in mid-2026. Premium contributions will begin January 2025.

EFFECTIVE DATE: Wednesday, January 1, 2025 (per 26 M.R.S. section 850-P and 850 Q)

AGENCY CONTACT PERSON: Isaac H. Gingras
AGENCY NAME: Department of Labor
ADDRESS:54 State House Station
Augusta, ME 0433-0054
TELEPHONE:
207-626-6232

AGENCY:  09-137 Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE:

Chapter 1. Open Water and Ice Fishing Regulations;
Chapter 1-A State Heritage Fish Waters

ADOPTED RULE NUMBER: 2024-180 (Ch. 1), 2024-181 (Ch. 1-A)

CONCISE SUMMARY: 

The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to open water fishing and ice fishing. This body of rules is printed in its entirety in the Open Water & Ice Fishing Laws and Rules booklet (January 1, 2025 – December 31, 2025) and will be available from the Department, online at www.maine.gov/ifw, as well as license agents. The Department has also added four new waters to the State Heritage Fish waters list. For a copy of adopted changes prior to release of the laws and rules booklet, please contact the Agency Rulemaking Contact Person.

EFFECTIVE DATE:  Wednesday, January 1, 2025

AGENCY CONTACT PERSON:  Becky Orff
AGENCY NAME:  Inland Fisheries and Wildlife
ADDRESS: 353 Water St, 41 SHS, Augusta, ME  04333
TELEPHONE:  207-287-5202
EMAIL:  Becky.Orff@maine.gov

Notice: Beginning in January 2025, online rulemaking proposal and adoption notices will be posted each week in a .pdf document. Each .pdf document that is posted will be accessible through a link that will be listed on the main “Weekly Rulemaking Notices” website.