June 29, 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.

PROPOSAL

AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #08-11
PROPOSED RULE NUMBER: 2011-P63
CONCISE 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.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: July 22, 2011, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 22, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-MAIL: Tim.Drake@Maine.gov

ADOPTIONS


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #07-11
ADOPTED RULE NUMBER: 2011-202
CONCISE SUMMARY: Minimum July 2011 Class I price is $24.28/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $27.83/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/minimum.shtml .
EFFECTIVE DATE: July 3, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
E-MAIL: Tim.Drake@Maine.gov
TELEPHONE: (207) 287-7521
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml


AGENCY: 04-061 - Department of Conservation, Maine Land Use Regulation Commission (LURC)
CHAPTER NUMBER AND TITLE: proposed amendments to
Ch. 5, Rules for rhe Conduct of Public Hearings; and
Ch. 10, Land Use Districts and Standards: miscellaneous rule changes
ADOPTED RULE NUMBER: 2011-203 and 204
CONCISE SUMMARY: Ch. 5 establishes rules for public hearings and was revised to correct typographical errors. Ch. 10 rules establish land use standards for lands under LURC jurisdiction. Ch. 10 was revised to correct typographical errors and update references and to address several issues which have become obvious through experience gained from applying current rules, including but not limited to: clarification of nonconforming use provisions in 10.11, reformatting of subdistrict land use listings for ease of use, clarification regarding clearing and filling standards for trails in shoreland protection subdistricts, and various revisions to review standards.
EFFECTIVE DATE: July 1, 2011
AGENCY CONTACT PERSON: Susan Burns, Maine Land Use Regulation Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4969. E-mail: Susan.Burns@Maine.gov .
WEBSITE: http://www.maine.gov/doc/lurc/index.shtml
DEPARTMENTAL RULE-MAKING LIAISON: Gale.Ross@Maine.gov .


AGENCY: 04-061 - Department of Conservation, Maine Land Use Regulation Commission (LURC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Rule Changes for Land Use Activities in Flood Prone Areas; Miscellaneous Rule Correction; and Rule Changes Regarding Wind Energy Projects
ADOPTED RULE NUMBER: 2011-205
CONCISE SUMMARY: Ch. 10 rules establish land use standards for lands under LURC jurisdiction.
Rule Changes for Land Use Activities in Flood Prone Areas: The changes for activities in flood prone areas amend many sections of Ch. 10 Land Use Districts and Standards. The revisions make the rules more consistent with National Flood Insurance Program federal regulations.
Miscellaneous Rule Correction: This rule revision corrects an error inadvertently made in the 10.23,I Recreation Protection (P-RR) Subdistrict land use listings in the miscellaneous rule revisions adopted by the Commission on September 1, 2010.
Rule Changes regarding Wind Energy Projects: Public Law 2009, Ch. 615, An Act to Implement the Recommendations of the Governor’s Ocean Energy Task Force, took effect April 7, 2010 and required that the Land Use Regulation Commission amend its rules to list offshore wind power projects and community-based offshore wind energy projects as uses requiring a permit in all subdistricts. The Act also amended the review criteria that apply to community-based offshore wind energy projects. The revised wind project rules incorporate the required amendments to subdistrict use listings as well as the changes to the review criteria.
EFFECTIVE DATE: July 1, 2011
AGENCY CONTACT PERSON: Susan Burns, Maine Land Use Regulation Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4969. E-mail: Susan.Burns@Maine.gov .
WEBSITE: http://www.maine.gov/doc/lurc/index.shtml
DEPARTMENTAL RULE-MAKING LIAISON: Gale.Ross@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 109, Speech and Hearing Services
ADOPTED RULE NUMBER: 2011-206
CONCISE SUMMARY: The Department of Health and Human Services is adopting this routine technical rule to clarify that unlicensed Speech and Language Clinicians holding a Certificate 293, as defined by the Maine Department of Education regulations Ch.115 Part II, 2.6, are not qualified providers of MaineCare services. This rule change assures compliance with 42 CPR §440.110. This rule change requires that speech language pathologists delivering medically necessary services in all settings, including schools, meet state licensure requirements.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2011
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner II, MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 895, Underground Facility Damage Prevention Requirements
ADOPTED RULE NUMBER: 2011-207 (Final adoption, major substantive)
CONCISE SUMMARY: The Commission adopts amendments to Ch. 895 that sets forth the requirements for underground facility damage prevention. These amendments update the rules based on legislation enacted subsequent to the Commission's provisional adoption of amendments to the rule in Resolves 2011, Ch. 31.
EFFECTIVE DATE: July 24 2011
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .