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Home > Weekly Rule-making Notices > April 24, 2013

April 24, 2013

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. 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 rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making 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 rule-making liaisons, who are single points of contact for each agency.


PROPOSALS


AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 314, Statewide Low-Income Assistance Plan; Ch. 815, Consumer Protection Standards for Electric and Gas Transmission and Distribution Utilities
PROPOSED RULE NUMBER: 2013-P055, P056
BRIEF SUMMARY: The Public Utilities Commission initiates a rule-making proceeding to consider amendments to Consumer Protection Standards for Electric and Gas Transmission and Distribution Utilities rule (Ch. 815) and Statewide Low Income Assistance Plan rule (Ch. 314). This rule-making is to modify these rules to incorporate a stakeholder workgroup’s recommendations concerning the serious medical emergency provision of Ch. 815, as well as changes to Ch. 314.
PUBLIC HEARING: May 15, 2013, 10:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: May 27, 2013 - Written comments on the proposal to amend this rule may be filed using the Commission’s case management system no later than May 27, 2013. All comments will appear in the Commission’s case management system which is accessible on the PUC website. Please refer to Docket No. 2013-00228 when submitting comments. Persons without electronic access may mail comments to Administrative Director, Maine Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Derek Davidson, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1596. E-mail: Derek.D.Davidson@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A M.R.S. §§ 104, 111 and 3214 and 35-A M.R.S. §§ 104, 111, 704, 1308; Resolves 2011, ch. 32, ch. 38 and ch. 128.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .



AGENCY: 04-061 - Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Timber Harvesting and Timber Harvesting Activities)
PROPOSED RULE NUMBER: 2013-P057
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed changes to Ch. 10, Land Use Districts and Standards. In order to reflect changes outlined in recent legislation, PL 2011 Ch. 599 (enacting LD 1739), the Commission must update its rules regarding timber harvesting and timber harvesting activities.
DETAILED BASIS STATEMENT / SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed changes to Ch. 10, Land Use Districts and Standards. In order to reflect changes outlined in recent legislation, PL 2011 Ch. 599 (enacting LD 1739), the Commission must update its rules regulating timber harvesting and timber harvesting activities. The Commission is no longer responsible for regulating timber harvesting and timber harvesting activities, to include land management roads, water crossings on/for land management roads, and gravel pits less than 5 acres, in protection and management districts within the unorganized and deorganized areas of the State. This function has been transferred to the Maine Forest Service. Consequently, the Commission must make modifications to Ch. 10 of its rules, Land Use Districts and Standards.
PUBLIC HEARING: none
COMMENT DEADLINE: Written comments May 27, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Sarah Giffen Carr, Land Use Planning Commission, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4936. E-mail: Sarah.Giffen.Carr@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §685-A,3 and §685-C,5,A; and PL 2011 Ch. 599, LD 1739
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/doc/lupc/ .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 04-061 - Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Allowable Lot Coverage)
PROPOSED RULE NUMBER: 2013-P058
BRIEF SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed rule changes to Ch. 10, Land Use Districts and Standards, regarding an increase in allowable lot coverage in certain development subdistricts.
DETAILED BASIS STATEMENT / SUMMARY: The Maine Land Use Planning Commission is seeking public comment on proposed rule changes to Ch. 10, Land Use Districts and Standards, regarding an increase in allowable lot coverage in certain development subdistricts. The Commission proposes to update Ch. 10 in order to allow commercial and industrial facilities and marine uses room to grow and expand their businesses and to provide more flexibility with lot coverage when it can be shown that proposed development will not have an undue adverse impact on existing uses or natural resources.
PUBLIC HEARING: A public hearing is not planned.
COMMENT DEADLINE: Written comments must be submitted on or prior to May 24, 2013.
CONTACT PERSON FOR THIS FILING /SMALL BUSINESS INFORMATION: Jean Flannery, Maine Land Use Planning Commission, 106 Hogan Road, Suite 7 Bangor, Maine 04401. Telephone: (207) 941-4590. E-mail: Jean.A.Flannery@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §684; §685-A,3 and 10; and §685-C,5,A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/doc/lupc/ .
DEPARTMENTAL RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


ADOPTIONS


AGENCY: 99-650 - Combat Sports Authority of Maine
CHAPTER NUMBER AND TITLE: Rules for Boxing, Ch. 1 thru 12
ADOPTED RULE NUMBER: 2013-087 thru 098 (Emergency, routine technical)
CONCISE SUMMARY: These rules elaborate a regulatory scheme for boxing outlined by the Legislature in 8 MRSA Ch. 20. They are mandated by the Legislature in 8 MRSA §523. They require certification designed to assure the suitability of venues and participants for a boxing competition. They set forth in detail the duties of certificated persons, requirements for conducting a competition, and mandatory safety measures designed to protect both participants and attendees. They are adopted as emergency rules, pursuant to 5 MRSA §8054, for reasons set forth in the Basis Statement.
EFFECTIVE DATE: April 22, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Peter Bouchard, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525, Portland, ME 04104. Telephone: (207) 956-0404. E-mail: commission@csamaine.com .



AGENCY: 99-650 - Combat Sports Authority of Maine
CHAPTER NUMBER AND TITLE: Rules for Boxing, Ch. 13
ADOPTED RULE NUMBER: 2013-099 (Emergency major substantive)
CONCISE SUMMARY: These rules are promulgated in satisfaction of the Authority’s obligations to adopt rules pursuant to 8 MRSA §523 elaborating the Legislature’s regulatory scheme for boxing competitions in the State. The Authority is required to finance that regulatory activity by imposing fees for event and authorized participants’ certification. These rules establish those certification fees for calendar years 2013 and 2014. The fees are the principal source of revenue from boxing events that accrues to the State pursuant to 8 MRSA §525. They are adopted as emergency rules, pursuant to 5 MRSA §8073, for reasons set forth in the Basis Statement.
EFFECTIVE DATE: April 22, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Peter Bouchard, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525, Portland, ME 04104. Telephone: (207) 956-0404. E-mail: commission@csamaine.com .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 200, Metallic Mineral Exploration, Advanced Exploration and Mining
ADOPTED RULE NUMBER: 2013-100
CONCISE SUMMARY: The portions of the existing metallic mineral mining rule addressing exploration and advanced exploration activities have been amended to update and clarify application and performance requirements. The Department has undertaken this routine technical rule-making in response to the direction of PL 2011, Ch. 653, Section 31, paragraph 2. Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
EFFECTIVE DATE: April 21, 2013
AGENCY CONTACT PERSON: Jeffrey Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
WEBSITE: www.maine.gov/dep/rules .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 104, Filing of Maine Tax Returns
ADOPTED RULE NUMBER: 2013-101
CONCISE SUMMARY: MRS amended Rule 104 (“Filing of Maine Tax Returns”). The following changes were made to the proposed Rule. Section .01 was revised to clarify that the definition of “electronic filing” or “electronic data submission” means both the submission of return or information and the acceptance of the return or information by the State Tax Assessor and to amend the definition of “original Maine return” to clarify the returns to which the Rule applies. A new section .06 was added describing mandatory electronic filing requirements for corporate income tax filers for tax years beginning on or after January 1, 2013. An application date was advanced. Revisions also were made to make language more precise and to correct format, including renumbering and correcting references.
A copy of the adopted Rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
EFFECTIVE DATE: April 22, 2013
AGENCY CONTACT PERSON: Nanette Ardry, Esq, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette.M.Ardry@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 812, Credit for Educational Opportunity
ADOPTED RULE NUMBER: 2013-102
CONCISE SUMMARY: MRS has adopted new Rule 812 (“Credit for Educational Opportunity”). The new Rule describes the statutory authority for the Maine income tax credit known as the Credit for Educational Opportunity. Particularly, the Rule discusses the refundable portion of the credit that is related to a participant that obtained an associate or bachelor’s degree in science, technology, engineering or mathematics. The Rule provides information on what types of degrees qualify as science, technology, engineering or mathematics degrees and on the related degree program list issued by the federal government. A copy of the adopted Rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
EFFECTIVE DATE: April 22, 2013
AGENCY CONTACT PERSON: Nanette Ardry, Esq, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette.M.Ardry@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .



AGENCY: 18-553 - Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
ADOPTED RULE NUMBER: 2013-103
CONCISE SUMMARY: This amendment to these rules is necessary to correct errors in the rules relating to the starting guaranteed jackpot amount of $40,000,000. When the rules were adopted for the game change in January 2012, these rules referred to the guaranteed starting jackpot of $25,000,000. Additionally, the Multi-State Lottery Association identified other technical changes to these rules as a result of changes in the Powerball Product Group Agreement recently adopted by the Members of MUSL, including the Prize Reserve Account and obligation of the Party Lottery relative to the purchase of annuities. The amendment makes other non-substantive changes consistent with MUSL rules.
In order to sell Powerball tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions of the rules for Powerball as required by the Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Powerball game.
EFFECTIVE DATE: April 24, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
WEBSITE: http://www.mainelottery.com/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 18-553 - Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 30, Hot Lotto Rules
ADOPTED RULE NUMBER: 2013-104
CONCISE SUMMARY: This amendment updates the existing rules governing the draw jackpot game Hot Lotto. The amendment to the rule is necessary because of major game changes to Hot Lotto as determined by the Multi-State Lottery Association including changing the matrix to 5 of 47 and 1 of 19, changing the odds to 1:29.1 million; changing the overall odds to 1:17; improving the second tier prizes as follows: Match 5+0 to $30,000.00; Match 4+1 to $3,000.00; Match 4+0 to $100.00; improving the Sizzler Play options as follows: Match 5+0 to $90,000; Match 4+ 1 to $9,000.00; Match 4+0 to $300.00; Grand Prize payment option is cash only; and Withholding taxes paid on Grand prize which is then called the Gross Grand Prize Value. In order to sell Hot Lotto tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions for the major components of the rules for Hot Lotto as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Hot Lotto game. The amendment makes other non-substantive changes consistent with MUSL rules
In order to sell Hot Lotto tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions of the rules for Hot Lotto as required by the Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Hot Lotto game.
EFFECTIVE DATE: May 12, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
WEBSITE: http://www.mainelottery.com/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .