RULEMAKING

NOTICE OF STATE RULEMAKING 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: 94-270 - Commission on Governmental Ethics and Election Practices CHAPTER NUMBER AND TITLE: Ch. 1, Procedures PROPOSED RULE NUMBER: 2018-P291 (Hearing rescheduled) BRIEF SUMMARY: Entering into a promise or agreement to pay for campaign goods or services must be disclosed as a debt in campaign finance reports. In the annual disclosure statements of personal income sources, the Commission may require officials to enter a category for a gift, such as transportation or conference fees. PUBLIC HEARING: Wednesday, March 6, 2019 @ 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine COMMENT DEADLINE: 5:00 p.m. on Monday, March 18, 2019 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Katie Feliciano, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. Email: Katie.Feliciano@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No impact AGENCY: 29-250 - Department of Secretary of State (SOS), Bureau of Motor Vehicles (BMV) CHAPTER NUMBER AND TITLE: Ch. 157, The Administration of Overdimension and Overweight Permits PROPOSED RULE NUMBER: 2019-P010 BRIEF SUMMARY: This rule establishes requirements and standards for the permitting of non-divisible overdimensional and overweight vehicles and loads (collectively overlimit loads) which are loads exceeding the size and weight limits established in Title 29-A. The Secretary of State is authorized to issue overlimit permits pursuant to Title 29-A MRS §2382. This rule also establishes requirements and standards for Pilot and Police Escort vehicles. The rule is being amended to provide for the nighttime movement of empty overwidth lowbed trailers in Aroostook County between November 1 and April 1, and to make certain other technical changes necessary for the efficient administration of the overlimit permit program due to the launch of a new online routing and permitting system. PUBLIC HEARING: March 7, 2019 at 10:00 a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta ME 04333 COMMENT DEADLINE: March 22, 2019 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: April Goodwin, Chief of Motor Carrier Services, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9063. Email: April.M.Goodwin@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None AGENCY: 01-026 - Department of Agriculture, Conservation and Forestry (DACF), Board of Pesticides Control CHAPTER NUMBERS AND TITLES: Amendments: Ch. 10, Definitions and Terms Ch. 26, Standards for Indoor Application of Pesticides Ch. 27, Standards for Pesticide Applications and Public Notification in Schools Ch. 28, Notification Provisions for Outdoor Pesticide Applications Ch. 31, Certification and Licensing Provisions / Commercial Applicators Ch. 32, Certification and Licensing Provisions for Private Applicators Ch. 50, Reporting Requirements for Applicators and Dealers Repeal: Ch. 36, Certification and Licensing Provisions for Monitors and Spotters for Forest Insect Aerial Spray Program PROPOSED RULE NUMBERS: 2019-P011 thru P018 BRIEF SUMMARY: Ch. 10: Two amendments are proposed: 1. Amend the definition of "Aerial Applicator" to allow certification as a private applicator. Currently the rule requires applicators to hold a commercial license which prevents an individual from making applications on their own property. This is required by the new EPA C&T rules, and is in anticipation of potential applications by unmanned aircraft systems. Ch. 26: One amendment is proposed: 1. Clarify the definition of "occupied buildings" to mean fully enclosed indoor spaces inside buildings and that roofed structures which are otherwise not enclosed are not buildings for the purpose of the rule. Ch. 27: Three amendments are proposed: 1. Change wording to clarify that all pesticide applications, inside and outside, must be included in the pest management activity log. 2. Change wording to clarify that applications made to the exterior of buildings are included in the rule. 3. Add personal insect repellents to the list of products which do not require licensure. Ch. 28: One amendment is proposed: 1. Clarify that the telephone number required on signs must be a working number. Ch. 31: Eleven amendments are proposed: 1. Add requirement for a government-issued photo id for all exams (required by EPA C&T). 2. Establish annual training requirements for noncertified applicators of restricted use pesticides (required by EPA C&T). 3. Establish minimum age for individuals certified as commercial or private applicators (required by EPA C&T). 4. Describe the credentials which will be issued to each applicator verifying certification (required by EPA C&T). 5. Remove section on transitioning to revised licensing and certification requirements since the time frame has passed. 6. Update the names of certain categories to align with current exams. 7. Remove requirement to collect social security number. 8. Change cost of master exams from $50 for both to $10 for Master Regulations exam and $40 for Master Oral exam. 9. Remove exemption for those certifying in the Post Harvest Treatment category from having to take the core exam. 10. Remove requirements for applicators to receive continuing education credits in specific categories as the Board doesn't categorize courses this way. 11. Remove fee for replacement and upgraded licenses as the Board no longer charges for these due to improved software. Ch. 32: Six amendments are proposed: 1. Amend competency standards to include those required by EPA C&T: label comprehension; responsibilities for supervisors of noncertified applicators; stewardship; ability to read and understand pesticide labeling. 2. Remove option to provide oral exam as EPA C&T no longer allows non-reader accommodations. 3. Add supplemental private categories which can be obtained in addition to certification for private licensure: aerial application; soil fumigation; non-soil fumigation (required by EPA C&T). 4. Establish minimum age for individuals certified as commercial or private applicators (required by EPA C&T). 5. Describe the credentials which will be issued to each applicator verifying certification (required by EPA C&T). 6. Add requirement for a government-issued photo id for all exams (required by EPA C&T amendments). Ch. 50: One amendment is proposed: 1. Add requirements to dealer records of sales (required by EPA C&T amendments): a. customer address b. issuing authority, certification expiration date, and categories of certification in addition to the applicator's certification number Ch. 36: Repeal of Ch. 36 is proposed. Associated requirements were previously repealed because they are no longer necessary with the current technology used in aircraft. PUBLIC HEARING: Friday, March 8, 2019, 9:00 a.m., Room 118, Marquardt Building, 32 Blossom Lane, Augusta CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Megan Patterson, DACF, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-2731. Email: Megan.L.Patterson@Maine.gov . COMMENT DEADLINE: 8:00 a.m., Monday, March 25, 2019 IMPACT ON MUNICIPALITIES OR COUNTIES (if any) AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW) CHAPTER NUMBER AND TITLE: Ch. 17, Bear Trapping PROPOSED RULE NUMBER: 2019-P019 BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife has proposed amendments to bear trapping rules that were identified in the Department's Big Game Management Plan, and to limit bear traps and bear trapping methods that may accidentally capture the federally threatened Canada Lynx. This rule is necessary to comply with Incidental Take Permit Number TE48539B-0 issued by the United States Fish and Wildlife Service. A complete copy of the proposed rule is available by contacting the rulemaking contact person listed below. PUBLIC HEARING: Tuesday, March 5, 2019 @ 5:30 p.m., Camden National Bank Ice Vault, 203 Whitten Road, Hallowell COMMENT DEADLINE: March 15, 2019 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated. AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW) CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.11, Migratory Game Bird Hunting PROPOSED RULE NUMBER: 2019-P020 BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider the adoption of rules pertaining to season dates and bag limits 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 population trends, there is a proposed reduction in the daily bag limit for mallards from 4 per day to 2 per day with a 1 hen restriction and a reduction in the daily bag limit for Northern pintails from 2 per day to 1 per day. The Coastal Zone regular goose season is proposed to be increased by 10 days for a 70-day season, while North and South Zone regular goose season will remain at 60 days. Please contact the agency rulemaking contact person for a complete copy of the proposed rule. PUBLIC HEARING: Wednesday, March 6, 2019 @ 5:30 p.m. - Camden National Bank Ice Vault, 203 Whitten Road, Hallowell COMMENT DEADLINE: March 18, 2019 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated. AGENCY: 94-412 - Saco River Corridor Commission CHAPTER NUMBER AND TITLE: Ch. 102, Standard Conditions of Approval PROPOSED RULE NUMBER: 2019-P021 BRIEF SUMMARY: Within 75 feet of the water, a paved walkway not to exceed 10 feet in width may be approved pursuant to an application and issuance of a permit. CHAPTER NUMBER AND TITLE: Ch. 107, Performance Standards Governing Expansions of Existing Nonconforming Uses, Including Structures PROPOSED RULE NUMBER: 2019-P022 BRIEF SUMMARY: The reconstruction of nonconforming structures will be allowable by permit and must meet certain criteria dependent upon the proximity of the existing structure from the water. A Nonconforming use may not be changed to another nonconforming use unless it is determined that the new use will not cause a greater adverse impact to the lands and waterways of the Corridor. PUBLIC HEARING: Dayton Town Hall, 33 Clarks Mills Road, Dayton, Maine on Tuesday, March 5 at 7:00 p.m. COMMENT DEADLINE: March 16, 2019 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Dalyn P. Houser, Executive Director, P.O. Box 283, 81 Maple Street, Cornish, ME 04020. Telephone: (207) 625-8123. Fax: (207) 625-7050. Email: dalyn@srcc-maine.org . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None. 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 .