Sec. 1. 5 MRSA §8071, sub-§3, ¶B, as enacted by PL 1995, c. 463, §2, is amended to read:

B. Major substantive rules are subject to the requirements of section 8072. After January 1, 1996, any grant of general or specific rule-making authority to adopt major substantive rules is considered to be permission only to provisionally adopt those rules subject to legislative review. Final adoption may occur only after legislative review of provisionally adopted rules as provided in section 8072. Certain provisional rules may be enforced by an agency pending legislative review as provided in section 8072, subsections 1 and 8.

The establishment or amendment of an agency fee by rulemaking is a major substantive rule, except for the establishment or amendment of a fee that falls under a cap or within a range set in statute, which is a routine technical rule.

Sec. 2. 5 MRSA §8072, sub-§1, as amended by PL 1997, c. 196, §2, is further amended to read:

1. Preliminary adoption of major substantive rules. An agency proposing a major substantive rule other than an emergency rule, after filing the notice of proposed rulemaking required by section 8052, shall proceed with rule-making procedures to the point of, but not including, final adoption. At that point, known in this section as "provisional adoption," the agency shall publish notice of provisional adoption with the Secretary of State in the same manner as provided for publication of notice of adoption of final rules under section 8056, subsection 1, paragraph D substituting notice of provisional adoption for notice of final adoption.__The publication must include notice that, pending review by the Legislature under this subchapter, the agency will begin enforcement of the provisional rule by a specified date that is not less than 15 days after publication of the notice unless the agency receives requests from at least 6 members of the public that it not do so.__If fewer than 6 requests are received by the specified date, the agency may enforce the rule as provisionally adopted until review by the Legislature under this subchapter is complete.__If at least 6 requests are received, the agency may not enforce the rule until after the Legislature has reviewed the rule and authorized the final adoption of that rule and the agency has finally adopted the rule pursuant to this subchapter.__In either case, the agency shall file the provisionally adopted rule and related materials with the Secretary of State as provided in section 8056,