August 4, 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-21
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P133
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954.
PUBLIC HEARING: August 19, 2021, Thursday, starting at 10:30 a.m., Room 106, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: August 19, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF WEBSITE: https://www.maine.gov/dacf/index.shtml .
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .


AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry (DACF), Bureau of Parks and Lands (BPL)
CHAPTER NUMBER AND TITLE: Ch. 8, Rules for Snowmobile Club Trail Maintenance Grant-In-Aid Program
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P134
BRIEF SUMMARY: The amendments will:
Change the snowmobile club grant application filing deadline date from December 31st to December 1st and change the deadline for club grant reimbursement filing from April 30th to May 15th to align with the Municipal/County grant deadlines, in Ch. 7.
Also, update all references to the “Off Road Vehicle Division” to the “Off Road Recreational Vehicle Office”.
PUBLIC HEARING: N/A
COMMENT DEADLINE: 5 p.m., September 3, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Joe Higgins, Snowmobile Program Supervisor, Off Road Recreational Vehicle Office, 22 State House Station, Augusta, ME 04333-0022. Telephone: (287) 4959. Fax: (207) 287-8111. Email: Joe.Higgins@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS Ch. 937 §13104-4
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BPL WEBSITE: www.parksandlands.com .
DACF WEBSITE: https://www.maine.gov/dacf/index.shtml .
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .


AGENCY: 16-642 – Department of Public Safety (DPS), Office of State Fire Marshal (FMO), Division of Building Codes and Standards
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Uniform Building and Energy Code - Commercial Building Code of Maine
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P135
BRIEF SUMMARY: The proposed changes are updates to the current code to reflect updates to the code that the MUBEC Board follows to allow two new industries in the State to conduct business withing the scope of the MUBEC code. The change proposed allows small summer cabins to be built without sprinkler systems.
PUBLIC HEARING: None
COMMENT DEADLINE: September 3, 2021
CONTACT PERSON FOR THIS FILING / AGENCY RULEMAKING LIAISON: Richard E. Taylor, Sr. Research and Planning Analyst, FMO, 52 State House Station, Augusta, ME 04333-0052 Telephone: (207) 626-3873, or (207) 592-6105. Email: Richard.E.Taylor@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: Richard McCarthy, Assistant State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3886 . Email: Richard.McCarthy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS §9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FMO WEBSITE: https://www.maine.gov/dps/fmo/ .
BUILDING CODES RULES WEBSITE: https://www.maine.gov/dps/fmo/building-codes/mubec-rules .
BUILDING CODES WEBSITE: https://www.maine.gov/dps/fmo/building-codes .


AGENCY: 16-642 – Department of Public Safety (DPS), Office of State Fire Marshal (FMO), Division of Building Codes and Standards
CHAPTER NUMBER AND TITLE: Ch. 7, Maine Uniform Building and Energy Code - Mechanical Code
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P136
BRIEF SUMMARY: This is a new rule adopting the 2015 IMC (International Mechanical Code) as directed by the Maine State Legislature.
PUBLIC HEARING: None
COMMENT DEADLINE: September 3, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Richard McCarthy, Assistant Fire Marshal, Office of the State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3886. Email: Richard.McCarthy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS §9722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FMO WEBSITE: https://www.maine.gov/dps/fmo/ .
BUILDING CODES RULES WEBSITE: https://www.maine.gov/dps/fmo/building-codes/mubec-rules .
BUILDING CODES WEBSITE: https://www.maine.gov/dps/fmo/building-codes .
FMO RULEMAKING LIAISON: Richard.E.Taylor@Maine.gov .


ADOPTIONS


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-21
ADOPTED RULE NUMBER: 2021-151 (Emergency)
CONCISE SUMMARY: Minimum August 2021 Class I price is $20.15/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $23.95/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: August 1, 2021
MMC CONTACT PERSON / RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
MMC WEBSITE: https://www.maine.gov/dacf/milkcommission/index.shtml .
DACF WEBSITE: https://www.maine.gov/dacf/index.shtml .
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .


AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 294, Lifeline
ADOPTED RULE NUMBER: 2021-152
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 294, Lifeline, of the Commission’s rules. Specifically, the Commission amends Ch. 294 to clarify that Eligible Telecommunications Carriers (ETCs) are currently, in certain circumstances, designated by the Federal Communications Commission (FCC) and not by the Commission. The Commission also makes clarifying and non-substantive editorial amendments to Ch. 294.
EFFECTIVE DATE: August 2, 2021
MPUC CONTACT PERSON / RULEMAKING LIAISON: Jamie Waterbury, Maine Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
MPUC WEBSITE: https://www.maine.gov/mpuc/ .


AGENCY: 16-642 – Department of Public Safety (DPS), Office of State Fire Marshal (FMO), Division of Building Codes and Standards
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Uniform Building and Energy Code - Commercial Building Code of Maine
ADOPTED RULE NUMBER: 2021-153 (Emergency)
CONCISE SUMMARY: The 2015 International Building Code has been adopted and in place in Maine since 2018. The proposed changes are updates to the current code to reflect updates to the code that the MUBEC Board felt were needed to allow two new industries in the State to conduct business withing the scope of the MUBEC code. The third change was a proposed code change allowing small summer cabins to be built without sprinkler systems. This code change as well as the others were discussed at length at public hearings and debated during MUBEC Board meetings.
EFFECTIVE DATE: August 2, 2021
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Richard E. Taylor, Sr. Research and Planning Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. Telephone: (207) 626-3873 or (207) 592-6105. Email: Richard.E.Taylor@Maine.gov .
WEBSITE: https://www.maine.gov/dps/fmo/building-codes .