January 24, 2018

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: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 13, Metallic Mineral Exploration, Advanced Exploration and Mining, and Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2018-P004, P005
BRIEF SUMMARY: The Land Use Planning Commission is seeking public comment on proposed rule changes to comply with PL 2017 ch. 142, 128th Legislature. Specifically, §12 of ch. 142 requires the Commission, by July 1, 2018, to “adopt rules related to commission certification of metallic mineral mining permit applications in accordance with the Maine Revised Statutes, Title 38 §490-NN sub-§2.” Also, the section requires that, “Rules adopted pursuant to this section must include any additional provisions necessary to ensure consistency with the Maine Metallic Mineral Mining Act and rules related to the Maine Metallic Mineral Mining Act adopted by the Department of Environmental Protection.” Proposed changes include a repeal and replacement of the Commission’s Ch. 13 rule, renaming Ch. 13 to Metallic Mineral Exploration and Mining Certifications, updating provisions for metallic mineral exploration, adding provisions for mining certifications, and amending the Commission’s Ch. 10 rule to ensure consistency with Ch. 13 and clarify the relationship between the two chapters.
PUBLIC HEARING: N/A
COMMENT DEADLINE: Written requests for a public hearing must be submitted on or prior to February 7, 2018. Written comments must be submitted on or prior to February 26, 2018. Written rebuttal comments must be submitted on or prior to March 5, 2018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Stacie R. Beyer, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 557-2535. TTY: (888) 577-6690. Email: Stacie.R.Beyer@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 684, 685-A,3, 685-C,5,A; PL 2017 ch. 142.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .


AGENCY: 65-407 – Public Utilities Commission (PUC)
CHAPTER NUMBER AND RULE TITLE: Ch. 520, Tour, Charter and Water Taxi Services, and Unscheduled Freight Services in Casco Bay
PROPOSED RULE NUMBER: 2018-P006
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend certain provisions of Ch. 520, the rule that governs unscheduled tour, charter, water taxi, and unscheduled freight services in Casco Bay in accordance with 35-A MRS §§ 5101-D & 5101-E. The proposed rule is intended to amend the definition of charter service to address certain circumstances under which waivers have been granted for the provision of charter service, promote efficiency in the review of applications, and facilitate the usage of the Commission’s electronic case management system (CMS). The proposed rule also removes from formal inclusion in the rule an application form for use by persons seeking to provide unscheduled charter, water taxi, or unscheduled freight service in Casco Bay.
PUBLIC HEARING: February 16, 2018, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: March 16, 2018. Written comments on the proposed rule may be filed using the Commission’s Case Management System no later than 5:00 p.m., March 16, 2018. All comments will appear in the Case Management System, which is accessible from the PUC web site. Commenters should refer to Docket Number 2017-00327 when submitting comments. If the filer does not have access to the internet, comments can be mailed to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amy Mills, PUC, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1388. 711 Maine Relay. Email: Amy.Mills@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY: 35-A MRS §§ 5101-D, 5101-E
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PUC WEBSITE: www.maine.gov/mpuc .
PUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting
PROPOSED RULE NUMBER: 2018-P007
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider the adoption of rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds. The proposed rule will protect migratory game birds from over-harvest by setting these limitations. Based on the status of the North American Population (NAP) of Canada geese, there is a proposed change to the regular goose season from 70 to 60 days and a reduction in the daily bag and possession limit from 3 to 2 and 9 to 6. Please contact the agency rulemaking contact person for a complete copy of the proposed rule.
PUBLIC HEARING: Monday, February 12, 2018 @ 6:00 p.m. - Augusta Armory, Room 209B, 179 Western Avenue, Augusta
COMMENT DEADLINE: February 22, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 41 State House Station, 284 State Street, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 11855
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: http://www.maine.gov/ifw/ .


ADOPTIONS


AGENCY: 16-642 – Department of Public Safety, Office of State Fire Marshal, Bureau of Building Codes and Standards
CHAPTER NUMBER AND TITLE: Ch. 1, Maine Uniform Building Code and Uniform Energy Code - Administrative Procedures
ADOPTED RULE NUMBER: 2018-006
CONCISE SUMMARY: This rule is amended to conform to a change in a statute.
EFFECTIVE DATE: January 23, 2018
AGENCY CONTACT PERSON: Michelle Mason Webber, Senior Planning and Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
BUREAU WEBSITE: http://www.maine.gov/dps/bbcs/ .
AGENCY RULEMAKING LIAISON: Richard.McCarthy@Maine.gov .


AGENCY: 16-642 – Department of Public Safety, Office of State Fire Marshal, Bureau of Building Codes and Standards
CHAPTER NUMBER AND TITLE: Ch. 2, Maine Uniform Building Code and Uniform Energy Code – Third Party Inspectors (TPI)
ADOPTED RULE NUMBER: 2018-007
CONCISE SUMMARY: This rule is amended to reassign duties from the State Planning Office to the Maine Department of Economic and Community Development.
EFFECTIVE DATE: January 23, 2018
AGENCY CONTACT PERSON: Michelle Mason Webber, Senior Planning and Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
BUREAU WEBSITE: http://www.maine.gov/dps/bbcs/ .
AGENCY RULEMAKING LIAISON: Richard.McCarthy@Maine.gov .


AGENCY: 16-642 – Department of Public Safety, Office of State Fire Marshal, Bureau of Building Codes and Standards
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Uniform Building Code – Commercial Building Code of Maine
ADOPTED RULE NUMBER: 2018-008
CONCISE SUMMARY: This rule adopts the 2015 version of the International Building Code.
EFFECTIVE DATE: January 23, 2018
AGENCY CONTACT PERSON: Michelle Mason Webber, Senior Planning and Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
BUREAU WEBSITE: http://www.maine.gov/dps/bbcs/ .
AGENCY RULEMAKING LIAISON: Richard.McCarthy@Maine.gov .


AGENCY: 16-642 – Department of Public Safety, Office of State Fire Marshal, Bureau of Building Codes and Standards
CHAPTER NUMBER AND TITLE: Ch. 4, Maine Uniform Building Code – Existing Building Code
ADOPTED RULE NUMBER: 2018-009
CONCISE SUMMARY: This rule adopts the 2015 International Existing Building Code.
EFFECTIVE DATE: January 23, 2018
AGENCY CONTACT PERSON: Michelle Mason Webber, Senior Planning and Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
BUREAU WEBSITE: http://www.maine.gov/dps/bbcs/ .
AGENCY RULEMAKING LIAISON: Richard.McCarthy@Maine.gov .


AGENCY: 16-642 – Department of Public Safety, Office of State Fire Marshal, Bureau of Building Codes and Standards
CHAPTER NUMBER AND TITLE: Ch. 5, Maine Uniform Building and Energy Code and Maine Uniform Building Code – Residential Building Code for One and Two Family Dwellings in Maine
ADOPTED RULE NUMBER: 2018-010
CONCISE SUMMARY: This rule adopts the 2015 International Residential Code.
EFFECTIVE DATE: January 23, 2018
AGENCY CONTACT PERSON: Michelle Mason Webber, Senior Planning and Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
BUREAU WEBSITE: http://www.maine.gov/dps/bbcs/ .
AGENCY RULEMAKING LIAISON: Richard.McCarthy@Maine.gov .


AGENCY: 16-642 – Department of Public Safety, Office of State Fire Marshal, Bureau of Building Codes and Standards
CHAPTER NUMBER AND TITLE: Ch. 6, Maine Uniform Energy Code – Energy Conservation Code of Maine
ADOPTED RULE NUMBER: 2018-011
CONCISE SUMMARY: This rule adopts the 2009 International Energy Code.
EFFECTIVE DATE: January 23, 2018
AGENCY CONTACT PERSON: Michelle Mason Webber, Senior Planning and Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
BUREAU WEBSITE: http://www.maine.gov/dps/bbcs/ .
AGENCY RULEMAKING LIAISON: Richard.McCarthy@Maine.gov .