April 6, 2016

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted 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 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 rule-making 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 #05-16
PROPOSEDRULENUMBER: 2016-P040
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 MRSA  2954
PUBLIC HEARING: April 21, 2016, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: April 21, 2016
CONTACT PERSON FOR THIS / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA  8054, 7 MRSA  2954.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health & Human Services (DHHS), Maine CDC - Environmental & Occupational Health Program
RULE TITLE OR SUBJECT: Ch. 292, Rules Relating to the Lead Poisoning Control Act
PROPOSED RULE NUMBER: 2016-P041
CONCISE SUMMARY: These proposed changes to the Maine Rules Relating to the Lead Poisoning Control Act clarify requirements relating to the scope of Environmental Lead Hazard Investigations when a lead poisoned child is found, clarify requirements for supplying substitute dwelling units, describe certain requirements regarding inspections, posting and abatement orders, as well as clarify enforcement authority for violations of the Act. Specifically, these proposed changes create a new definition of a lead poisoned child, which is based on the new lower federal reference level for blood lead (currently 5 ug/dL). In addition, these changes include a more thorough explanation of the administrative penalty process, for violations of the Lead Poisoning Control Act. (Previously, enforcement only referred to violations as a Class E crime).
PUBLIC HEARING: 2:00 p.m., April 27, 2016, Key Bank Plaza, 286 Water Street, Augusta, Maine
DEADLINE FOR COMMENTS: May 9, 2016
AGENCY CONTACT PERSON: Tera Pare, J.D., Rule-making Coordinator, Maine CDC - Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. TTY: 711 (Maine Relay). E-mail: Tera.Pare@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS Ch. 252,  1315-A
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/eohp/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@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 #04-16
ADOPTED RULE NUMBER: 2016-051 (Emergency)
CONCISE SUMMARY: Minimum April 2016 Class I price is $16.99/cwt. plus $1.45/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $4.19/cwt. handling fee for a total of $24.36/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
CONTACT PERSON FOR THIS / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
EFFECTIVE DATE: April 03, 2016
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 540 (New), Premium Trust Account Fiduciary Duties
ADOPTED RULE NUMBER: 2016-052
CONCISE SUMMARY: This rule provides guidance to insurance producers regarding their obligation to handle insurance premiums and return premiums in a fiduciary capacity.
EFFECTIVE DATE: April 3, 2016
AGENCY CONTACT PERSON: Elena Crowley, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 600, Oil Discharge Prevention and Pollution Control Rules for Marine Oil Terminals, Transportation Pipelines and Vessels
Ch. 685, Payment and Reimbursement of Oil Transfer Fees
Ch. 686, Standards for Assessing Ability to Pay Deductibles Under the State Insurance Program for Oil Storage Tanks
Ch. 691, Rules for Underground Oil Storage Facilities
ADOPTED RULE NUMBERS: 2016-053 thru 056
CONCISE SUMMARY: These amendments accomplish several changes as directed by LD 1303, including:
1) Revise definition to be consistent with the Statute;
2) Reflect that the Maine Coastal and Inland Surface Oil Clean Up Fund and the ground Water Oil Clean Up Fund have been combined to create the Maine Ground and Surface Water Clean-up and Response Fund;
3) Correct citation to statute to be consistent with the statutory amendments;
4) Reflect that the Fund Insurance Review Board and the Oil Spill Advisory Committee have been combined creating the Clean-up and Response Fund Review Board; and
5) Clarify the process for refunding certain fees collected on oil that is exported from the State.
In addition these amendments propose minor revision to formatting and to improve clarity of the rule.
EFFECTIVE DATE: April 3, 2016
AGENCY CONTACT PERSON: Tom Graham, Department of Environmental Protection, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .


AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 25, Weatherization Assistance Program Rule
ADOPTED RULE NUMBER: 2016-057
CONCISE SUMMARY: This rule repeals and replaces the current Weatherization Assistance Program rule. The replacement rule (i) delinks the LIHEAP weatherization program from the DOE weatherization requirements; (ii) updates the federal regulations on administrative requirements, cost principles and auditing requirements and comports with federal guidance on household income calculations; (iii) revises procedures for suspending or terminating a subgrantee; a formal hearing process is replaced with an informal review; (iv) clarifies the fair hearing process for applications and for debarment of contractors; and (v) other minor technical revisions and updates.
EFFECTIVE DATE: April 3, 2016
AGENCY CONTACT PERSON / MSHA RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600; (800) 452-4668 (Voice), or Maine Relay 711. E-mail: LUhl@MaineHousing.org .
WEBSITE: www.MaineHousing.org/ .


AGENCY: 01-001 - Department of Agriculture, Conservation & Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 274 (New), Rules for Growing Industrial Hemp
ADOPTED RULE NUMBER: 2016-058
CONCISE SUMMARY: These rules establish the requirements for becoming licensed to grow industrial hemp in Maine. They outline the application and licensing process, the fees involved and the procedures for monitoring the growth of industrial hemp.
EFFECTIVE DATE: April 4, 2016
AGENCY CONTACT PERSON / DACF RULE-MAKING LIAISON: Mari Wells Eager, Agriculture, Conservation & Forestry, 22 State House Station, Augusta ME 04333. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/index.shtml .