Public Input for Proposed 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 §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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 200, Metallic Mineral Exploration, Advanced Exploration and Mining
PROPOSED RULE NUMBER: 2016-P118 (new comment deadline)
BRIEF SUMMARY: This new rule is being proposed to implement the Maine Metallic Mineral Mining Act, 38 MRS §490-LL et seq., and will repeal and replace the existing Ch. 200, Metallic Mineral Exploration, Advanced Exploration and Mining rule. The proposal updates Maine's mining regulations to provide a comprehensive application and permitting process for several types of mining activities, including exploration, advanced exploration and mining. On September 15, 2016, the Board of Environmental Protection (Board) held a public hearing on the Department's draft proposal, and additional testimony was received during the written comment period, which closed on September 26, 2016
Following the close of the public comment period, the Board held two deliberative sessions to discuss key issues raised by commenters. On November 3, 2016, the Board directed the Department to provide an opportunity for public comment pursuant to 5 MRS §8052(5)(B) on certain changes to the proposal that may be substantial including, but not limited to: 1) provisions related to mine waste storage (including tailings impoundments); 2) prohibitions against mining in or on great ponds, rivers and coastal wetlands; 3) provisions pertaining to the protection of historic sites, unusual natural areas, scenic character, and wildlife and fisheries; 4) financial assurance requirements; and 5) the mandatory use of independent third-party compliance inspectors throughout the life of a project.
The proposed changes that the Department is seeking comment on at this time are identified by the use of "double underlines" and "double strikethroughs" in the Department's proposal. Please note that the Department is not accepting additional comment on other portions of the proposal at this point in time. Copies of the changes to the rule for which additional public comment is being sought are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/ . Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by U.S. Postal Service mail to Jeffrey Crawford, 17 State House Station, Augusta Maine, 04333 or by e-mail to miningcomments2016.DEP@maine.gov before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: None. The Department is scheduling an additional written comment period on certain changes to its proposal that may be considered substantial changes.
COMMENT DEADLINE: December 16, 2016 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DEP RULE-MAKING LIAISON: Jeffrey Crawford, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No direct fiscal impact is anticipated from this proposal.
AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2016-P175
BRIEF SUMMARY: The proposed rule amendments increase the amount of seed money that may be collected by Maine Clean Election Act (MCEA) candidates and authorize MCEA candidates to collect additional contributions to qualify for supplemental public campaign funds. The rule amendments prohibit candidates from making payments of MCEA funds greater than $50 in cash, describe the procedures for an online qualifying contribution service, and presumptively hold candidates responsible for non-compliance in the collection of qualifying contributions.
PUBLIC HEARING: Thursday, December 8, 2016 @ 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on Monday, December 19, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / ETHICS RULE-MAKING LIAISON: Lorrie Brann, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. E-mail: Lorrie.Brann@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No impact
AGENCY: 01-001 - Department of Agriculture, Conservation & Forestry (DACF) - Division of Animal and Plant Health
CHAPTER NUMBER AND TITLE: Ch. 273, Criteria for Listing Invasive Terrestrial Plants
PROPOSED RULE NUMBER: 2016-P176
BRIEF SUMMARY: This chapter establishes criteria to be used in evaluating non-native terrestrial invasive plants that could have adverse impacts on the Maine landscape. It also establishes the list of plants that are evaluated and meet the criteria and the restrictions on the distribution and sale of those plants.
PUBLIC HEARING: December 8, 2016, 9:30 a.m. - 12:30 p.m., Room 118 Marquardt Building, 32 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: Monday, December 19, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Gary Fish, Department of Agriculture, Conservation and Forestry, 28 State House Station, Augusta ME 04333. Telephone: (207)287-7545. Fax (207) 624-5020. TTY: Maine Relay 711. E-mail: Gary.Fish@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 157, The Administration of Over Dimension and Overweight Permits
PROPOSED RULE NUMBER: 2016-P177
BRIEF SUMMARY: The proposed amendment would allow the Chief of the Maine State Police, a member of the department holding the rank of Lieutenant or higher or their designee, at their discretion, waive the requirement for a second police escort or require additional police escorts to safely complete a permitted move. The Maine State Police may not reduce the police escort requirements below what is listed in Title 29-A §2382 sub-§9-A.
The proposed amendment clarifies that long term permits are available to four-axle or greater special mobile equipment up to 110,000 pounds. SME exceeding 110,000 pounds would be subject to single trip permits.
The proposal makes minor clarifications to administrative procedures.
PUBLIC HEARING: none planned
COMMENT DEADLINE: December 16, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Garry Hinkley, Director - Vehicle Services Division, Maine Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
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 rule-making 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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