April 7, 2010

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: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 202, Revenue Obligation Securities Program (Non-Emergency), Amendment 16
PROPOSED RULE NUMBER: 2010-P67
CONTACT PERSON FOR THIS FILING: Christopher H. Roney, General Counsel, Finance Authority of Maine, PO Box 949 (5 Community Drive), Augusta, ME 04332-0949. Telephone: (207) 623-3263 x3520 (voice); (207) 626-2717 (TDD); Fax: (207) 623-0095. E-mail: croney@famemaine.com
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None
COMMENT DEADLINE: May 10, 2010 @ 5:00 p.m.
BRIEF SUMMARY: The rule amendment adds the changes required by LD 1530, applicable to Recovery Zone Facility Bonds and Qualified Energy Conservation Bonds.
DETAILED BASIS STATEMENT / SUMMARY: The amendment adds procedure for issuance of Recovery Zone Facility Bonds and Qualified Energy Conservation Bonds by the Authority.
IMPACT ON MUNICIPALITIES OR COUNTIES: There are no costs to municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §§ 969-A (14); 1043, 1044, 1053, 1054
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR FAME RULE-MAKING LIAISON: croney@famemaine.com
URL: http://www.famemaine.com/


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Moose Hunting
PROPOSED RULE NUMBER: 2010-P68
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has been petitioned to consider a rule establishing a moose hunting season in Wildlife Management Districts 22 and 25 beginning in 2011, to occur from the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving; the Saturday preceding the first day of this season is open for the hunting of moose by residents of this State only.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11154
PUBLIC HEARING: Tuesday, April 27, 2010 @ 6:30 p.m. – Bristol Town Office, 1268 Bristol Road (Rte. 130), Bristol, ME; Wednesday, April 28, 2010 @ 6:30 p.m. – Richmond Town Office, 26 Gardiner Street, Richmond, ME
DEADLINE FOR COMMENTS: May 10, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
URL: http://www.maine.gov/ifw/


AGENCY: 10-144 - Maine Department of Health & Human Services (DHHS), Maine Center for Disease Control and Prevention, Division of Environmental Health, Health Inspection Program
RULE TITLE OR SUBJECT: Ch. 202, Rules Relating to Public Pools
PROPOSED RULE NUMBER: 2010-P69
CONCISE SUMMARY: The Health Inspection Program is proposing a significant restructuring of the Department’s rules with more specific performance standards relating to pool and spa design and operation. Proposed changes include: clarified definitions that include critical violations and pool class types; more detailed requirements for pool supervision; specific chemical operational parameters to assure pool sanitation; additional regulatory requirements regarding ancillary equipment and facilities including equipment and filtration systems; specific safety feature requirements including the new anti-entrapment prevention and drain cover standards to conform to recent statutory requirements; new color coding and labeling requirements for exposed piping and increased hygienic standards updating guidance on cleaning pool pollution from fecal, vomit and bleeding accidents.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. This rule could have a fiscal impact on municipalities and owners of public pools/spas if they are constructing new municipal pools to meet new federal pool standards. To construct a pool with a 6-hour turnover rate vs. the current 8-hour rate in a $80,000 to $100,000 project, costs would increase from a few hundred dollars to $1,000. For a $500,000 project, the cost would increase $4,000-$5,000 so less than a 1% impact. Disinfectant feeders costs range from $500 to $3,000. Costs from the recently enacted Virginia Graeme Baker Act will depend on the pool design.
STATUTORY AUTHORITY: 22 MRSA §2664
PUBLIC HEARING: 9:30 a.m., April 27, 2010 at Key Bank Plaza, 286 Water Street, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. May 10, 2010
AGENCY CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, Maine Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680; TTY: (207) 287-5550. E-mail: Tera.Pare@Maine.gov
URL: http://www.maine.gov/dhhs/eng/el/index.htm
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

ADOPTIONS


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1 - 1.01, Open Water and Ice Fishing Regulations
ADOPTED RULE NUMBER: 2010-107
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to open water and ice fishing. This body of rules is printed in its entirety in the Open Water and Ice Fishing Laws and Rules Booklet (April 1, 2010 - March 31, 2012) available from the Department as well as license agents.
EFFECTIVE DATE: April 1, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/


AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 702, Appeals of Final Decisions of the Executive Director
ADOPTED RULE NUMBER: 2010-108
CONCISE SUMMARY: The Retirement System’s rules of practice for administrative appeals are repealed and replaced such that those in effect prior to May 9, 2007 are reimplemented with minor substantive and non-substantive changes. The substantive changes: 1) make the rule technically compliant with 4 MRSA Section 807; and 2) eliminate obsolete language as to practices no longer applicable to the appeals process. The rule also includes non-substantive changes to the former rule to correct language format and provide clarification.
EFFECTIVE DATE: March 31, 2010
AGENCY CONTACT PERSON: Kathy Morin (Kathy.morin@mainepers.org), Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046. Telephone: 512-3190 or 1 (800) 451-9800. URL: http://www.mainepers.org


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
ADOPTED RULE NUMBER: 2010-109
CONCISE SUMMARY: Rule 803 provides comprehensive definitions and explanations of statutory terms and procedures for filing a withholding tax reports and making payments. MRS is repealing current Rule 803 and replacing it with a reorganized version. Particularly, the proposed Rule contains smaller sections and groups appropriate topics together. The majority of the text remains the same but has been reorganized. Citations have been corrected to reflect the reorganization.
In addition, the proposed rule revises and clarifies exemptions from withholding. Withholding exemption language that permits exemption from withholding based on the previous year’s taxable income has been struck. The exemption from withholding based on current year income remains. Requirements for exemptions from withholding for nonresident members of a pass-through entity are clarified to reflect the withholding and composite return forms and instructions in use.
EFFECTIVE DATE: April 3, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@Maine.gov .
URL: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov


AGENCY: 06-096 - Maine Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 342, Significant Groundwater Wells
ADOPTED RULE NUMBER: 2010-110
CONCISE SUMMARY: The chapter provides a fee structure for funding contracts with third party environmental professionals to provide supplemental technical review and assessment of monitoring information related to significant groundwater wells, as required by PL 2007, ch. 399(15), as amended by PL 2009, ch. 295(4). The chapter also addresses public information, pre-application and pre-submission meeting requirements associated with an application for a Natural Resources Protection Act permit for a significant groundwater well. The chapter is a routine technical rule.
A public law required that the fee structure be set in rule by the department. The department set the amount of the fee considering factors such as the number of facilities affected, volume of water pumped, and amount of funds necessary to minimally serve the stated purpose of the public law.
The requirements for public information, pre-application, and pre-submission meetings are consistent with requirements for other significant types of projects.
For a copy of the adopted rule, please see http://www.maine.gov/dep/rules/
EFFECTIVE DATE: April 4, 2010
AGENCY CONTACT PERSON: Hetty Richardson, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7799. E-mail: Hetty.L.Richardson@Maine.gov
URL: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 04-056 - Department of Conservation (DOC)
CHAPTER NUMBER AND TITLE: Ch. 3. Designated Scenic Viewpoints of State or National Significance, Located on Public Reserved Land or on a Publicly Accessible Trail Used Exclusively for Pedestrian Use, for Consideration in the Permitting of Expedited Wind Energy Development
ADOPTED RULE NUMBER: 2010-111
CONCISE SUMMARY: This rule designates scenic viewpoints of state or national significance on Public Reserved Lands and on publicly accessible pedestrian trails. Viewpoints are designated within the wind power expedited permitting area, and within an 8 mile buffer of this area. The purpose of this rule is to determine whether an applicant for an expedited wind energy development must provide a visual impact assessment. If a wind energy development were proposed up to 3 miles from a viewpoint listed in this rule, the applicant would be required to provide a visual impact assessment, and may be required to provide one if the development were up to 8 miles.
EFFECTIVE DATE: April 4, 2010
AGENCY CONTACT PERSON: Alan Stearns, Department of Conservation, 18 Elkins Lane, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4911. E-mail: Alan.Stearns@Maine.gov
URL: http://www.maine.gov/doc/
DOC RULE-MAKING LIAISON: Gale.Ross@Maine.gov


AGENCY: 01-001 – Department of Agriculture, Food & Rural Resources, Division of Plant Industry
CHAPTER NUMBER AND TITLE: Ch. 9, Rule Requiring Best Management Practices for Growing Crops to Minimize Cross Contamination
ADOPTED RULE NUMBER: 2010-112 (Final adoption, major substantive)
CONCISE SUMMARY: This rule requires any person planning to grow a crop to follow best management practices in order to maintain the integrity of all crops and minimize potential conflict between farmers. It also describes several best management practices a person must consider in planning and producing the crop in order to minimize cross contamination.
EFFECTIVE DATE: April 30, 2010
AGENCY CONTACT PERSON: Robert I. Batteese, Jr., Agriculture, Food & Rural Resources, Division of Plant Industry, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-7550. E-mail: Robert.Batteese@Maine.gov
URL: http://www.maine.gov/agriculture/pi/
DEPARTMENTAL RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 8, Endangered Species: 8.05, Essential Habitat for Species Designated as Endangered or Threatened
ADOPTED RULE NUMBER: 2010-113
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted three (3) additional designations of areas as Essential Habitat for Piping Plover and Least Tern nesting, feeding, and brood rearing in the towns of Cape Elizabeth and Old Orchard Beach. A copy of the adopted rule may be obtained from the Agency Contact Person listed below.
EFFECTIVE DATE: April 5, 2010
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041, Telephone: (207) 287-5252. E-mail: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 202, Revenue Obligation Securities Program, Amendment 16 (EMERGENCY)
ADOPTED RULE NUMBER: 2010-114
CONCISE SUMMARY: The rule amendment adds the changes required by LD 1530, applicable to Recovery Zone Facility Bonds and Qualified Energy Conservation Bonds.
CONTACT PERSON FOR THIS FILING: Christopher H. Roney, General Counsel, Finance Authority of Maine, PO Box 949 (5 Community Drive), Augusta, ME 04332-0949. Telephone: (207) 623-3263 x3520 (voice); (207) 626-2717 (TDD); Fax: (207) 623-0095. E-mail: croney@famemaine.com
URL: http://www.famemaine.com/


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 50, Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded
ADOPTED RULE NUMBER: 2010-115 (EMERGENCY major substantive)
CONCISE SUMMARY: This emergency rule does away with costs for Community Support Services (formerly called Day Habilitation Services) as part of the cost basis of the per diem rate for Intermediate Care Facilities for persons with mental retardation. Instead, the rule refers providers to the reimbursement methods and rate for Community Support Services set forth in MBM, Chapters II and III, Section 21. The amendment is made necessary by the repeal of MBM, Section 24, Day Habilitation Services. The amendment will also allow the billing code for this service to conform to federally required codes and the implementation of the Department’s new claims processing system. This rulemaking will not be finally adopted until approved by the Legislature.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: April 1, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. FAX: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov