Public Input for 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 §11112). WorldWide 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 (http://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency.
PROPOSALS
AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 395, Construction Standards, Ownership, Cost Allocation, and Customer Charges Rules for Electric Distribution Line Extensions
PROPOSED RULE NUMBER: 2018-P191
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to consider amendments to the Commission's Construction Standards, Ownership, Cost Allocation, and Customer Charges Rules for Electric Distribution Line Extensions rule (Ch. 395). The proposed amendments clarify the responsibility for installation, ownership and maintenance of both above-ground and underground service drops. The proposed rule specifies that transmission and distribution (T&D) utilities shall install, own and maintain above-ground service drops. The installation will be at no cost to the customer up to a specified length.
PUBLIC HEARING: October 2, 2018, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: October 12, 2018. Written comments on the proposed rule may be filed with the Administrative Director until October 12, 2018. However, the Commission requests that comments be filed by September 26, 2018 to allow for follow-up inquires during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2018-00202, and may be filed using the Commission's Case Manage System.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Leslie Raber, PUC, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3831. Email: Leslie.Raber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 91 (New), Spat Collection
PROPOSED RULE NUMBER: 2018-P192
BRIEF SUMMARY: The Department of Marine Resources is proposing rules for the collection of scallop spat under the spat collection license (12 MRS §6074-A). The proposed rules would create a maximum size for the possession and sale of scallop spat of 2 inches. It would limit a license holder to no more than 15 vertical lines, with a maximum of 30 spat collection bags per line. The proposed rule limits the size of bags that may be used, and specifies marking requirements. It requires that all collection equipment is removed from the coastal waters during the month of July, and specifies the records a license holder must retain.
PUBLIC HEARINGS:
Rockland: October 3, 2018, 6:00 p.m., Rockland Ferry Terminal, 517A Main Street, Rt. 1
Yarmouth: October 4, 2018, 6:00 p.m., Community Room, Yarmouth Town Hall, 200 Main Street
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: October 15, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 692, Siting of Oil Storage Facilities
PROPOSED RULE NUMBER: 2018-P193
BRIEF SUMMARY: These amendments are being proposed to provide flexibility to municipalities and businesses siting oil storage facilities, as long as certain criteria and design standards are met. This proposed language adds variance language to allow for more areas to be developed without negatively impacting groundwater or drinking water. Additional municipalities and businesses would be able to site oil storage facilities including those that were previously proposed and denied. These facilities would need to meet certain criteria and design standards to ensure that the risk or oil discharges and the likelihood of future groundwater contamination has been effectively minimized.
Proposed changes include:
Eliminate the need to confirm mapping already completed by the Maine Geological Survey by conducting a site-specific evaluation thus creating less work for applicants;
Allow flexibility to expand on a contiguous parcel if owned as of September 30, 2001 for UST facility and September 30, 2008 for an AST facility if expansion on the contiguous parcel does not increase fuel storage capacity or facility area by more than 30%;
Allow a variance procedure for a municipality located on a significant sand and gravel aquifer as long as certain standards are met;
Allow for a variance procedure for a facility on a polluted high yield significant sand and gravel aquifer;
Clarify the design standards for facilities subject to variance requests under sections 3(B), 4(C), 4(D) or 4(E);
Add a variance transfer procedure; and
Modifies language including correcting typographical errors and providing definitions and language clarification.
PUBLIC HEARING: October 4, 2018, 9:00 a.m., Board of Environmental Protection Meeting, Augusta Civic Center, 76 Community Drive, Augusta, ME
COMMENT DEADLINE: October 15, 2018 at 5:00 pm
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
ADOPTIONS
Pursuant to Ch. 380 of the Public Laws of 2011, notice of the adoption of rules will no longer be published in the newspaper rulemaking notices; our Wednesday web notices will continue to carry them, however. Information on rules adopted through the Maine Administrative Procedure Act as well as the full text of adopted rules is available on the internet at http://www.maine.gov/sos/cec/rules .
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