March 9, 2011

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: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 301, Food Supplement Manual: Proposed Rule #171P, Food Supplement Standard Utility Allowance Adjustment
PROPOSED RULE NUMBER: 2011-P22
CONCISE SUMMARY: The Full Standard Utility Allowance (FSUA) in Maine is normally updated on an annual basis, as per Federal regulation 7 CFR 273.9(d). In response to fluctuating energy prices and their impact on standard utility allowances, resulting in reduced benefits for needy households, USDA Food and Nutrition Services (FNS) issued three time-limited waivers that allowed for continuation of existing standard utility allowances. The final waiver allowed for a continuation of the existing allowances through March 31, 2011, with the stipulation that allowances would need to be adjusted for April 1, 2011, and would not be required to be reduced by more than $66. Maine has implemented this waiver and will reduce the FSUA by $66, through September 30, 2011.
The Full Standard Utility Allowance will be re-evaluated, along with the non-heat and telephone standards, subject to approval by USDA FNS, to be effective as of October 1, 2011.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 3104, 7 CFR 273.9(d)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 7, 2011
AGENCY CONTACT PERSON Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011. Telephone: (207) 287-7118. TTY: (800)-606-0215 (Deaf/Hard of Hearing). E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 07-105 - Executive Department, State Planning Office (SPO)
CHAPTER NUMBER AND TITLE: Ch. 208, Comprehensive Plan Review Criteria Rule
PROPOSED RULE NUMBER: 2011-P23
CONTACT PERSON FOR THIS FILING: Jody Harris, 38 State House Station, Augusta ME 04333. Telelephone: (207) 624-6202. E-mail: Jody.Harris@Maine.gov. For a copy of the rule, visit our web site at: www.maine.gov/spo/landuse/compplans/208revisions/ .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: March 31, 2011, 2:00 p.m. in Room 110, State Planning Office, 19 Union Street, Augusta. The meeting room is accessible to persons with physical disabilities. Any interested party requiring other special arrangements to attend the hearing must contact Tom Miragliuolo at (207) 624-6224 or Tom.Miragliuolo@Maine.gov before March 23, 2011.
COMMENT DEADLINE: Written comments may be submitted to Tom Miragliuolo c/o State Planning Office, 38 State House Station, Augusta ME 04333 or Tom.Miragliuolo@Maine.gov by April 14, 2011.
BRIEF SUMMARY: This chapter establishes the criteria the State Planning Office uses to review community comprehensive plans for consistency with the goals and guidelines of the Growth Management Act (30-A MRSA §4312 et seq.). The Office uses this Chapter to review proposed comprehensive plans under §4347-A(1) of the Act, and to review the plan component of local growth management programs for which certification has been requested under §4347-A(2). The Office proposes amending its rule to eliminate duplication, lessen the municipal burden of the comprehensive planning process, and move forward by one year the expiration date for SPO consistency findings made prior to December 31, 2000 to give towns with older plans more time to update them under the Act’s requirements.
IMPACT ON MUNICIPALITIES OR COUNTIES: Amendments will lessen the time and financial commitment municipalities commit to developing a comprehensive plan that is consistent with the Growth Management Act (30-A MRSA §4312 et seq.).
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA §4347-A (1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
WEBSITE: http://www.maine.gov/spo/landuse/compplans/index.htm
SPO RULE-MAKING LIAISON: Jody.Harris@Maine.gov .

ADOPTIONS


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 420, Safety Standards for Natural Gas and Liquefied Natural Gas Facility Operators
ADOPTED RULE NUMBER: 2011-59
CONCISE SUMMARY: To repeal and replace Ch. 420 that updates and makes clearer the safety requirements applicable to natural gas and liquefied natural gas distribution systems in Maine.
EFFECTIVE DATE: March 5, 2011
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, State House Station 18, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 323, Dental Equipment Revolving Loan Program
ADOPTED RULE NUMBER: 2011-60
CONCISE SUMMARY: The rule informs borrowers of the procedures, standards, conditions and fees applicable to loans to be administered by the Authority under an agreement with the State of Maine, Department of Health and Human Services for the purchase, replacement, or upgrading of equipment for use in dental care facilities necessary to expand access to dental care to the citizens of Maine. Loan funds are being made available through a federal grant.
CHAPTER NUMBER AND TITLE: Ch. 611, Maine College Savings Program, Amendment 13
ADOPTED RULE NUMBER: 2011-61
CONCISE SUMMARY: The amendment modifies the Initial Matching Grant (IMG) by removing the family income limit and by limiting the IMG to accounts for beneficiaries older than one year old, or one year old or younger if the beneficiary is not a Maine resident. The amendment modifies the Annual Matching Grant (AMG) by removing the family income limit and by allowing the Authority to limit the number of years an account for any one beneficiary may receive the AMG. The amendment creates a new one-time grant for choosing any automated funding service. The benefits of the revised and new grants are only available to eligible Maine accounts opened on or after January 1, 2011 for new beneficiaries. The amendment makes other minor modifications.
EFFECTIVE DATE: March 6, 2011
AGENCY CONTACT PERSON: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, ME 04332-0949. Telephone: (207) 620-3515. E-mail: kgabrielson@famemaine.com .
WEBSITE: http://www.famemaine.com/
FAME RULE-MAKING LIAISON: croney@famemaine.com