September 28, 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: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 710, Auditing Requirements for All Public Utilities
PROPOSED RULE NUMBER: 2011-P176
CONTACT PERSON FOR THIS FILING: Joanne Steneck. Telephone: (207) 287-1390. E-mail: Joanne.teneck@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: October 29, 2011. Written comments should refer to the docket number of this proceeding, Docket No. 2011-307, and be sent to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018.
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend provisions of the PUC auditing requirements rule, Chapter 710, in response to recent legislation that exempted qualified small water utilities from certain auditing requirements.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 101, 103, 104, 107, 111, 112, 501, 502, 504 and 505
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 8.10(C)(6), Primary Buyer Permit Reporting, Shrimp (weekly reporting by dealers)
PROPOSED RULE NUMBER: 2011-P177
CONCISE SUMMARY: Weekly landings reports by shrimp dealers are needed to manage the fishery. Currently, some dealers report only monthly, and this is not timely enough to effectively monitor landings. The proposed regulation would change the report submission time from monthly to weekly, but does not change the type or quantity of information required.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6173
AGENCY CONTACT PERSON: Heidi Bray (207-633-9500)
PUBLIC HEARINGS: Oct. 19, 2011, 6:00 p.m., Yarmouth, American Legion Cabin, 198 Main Street and Oct. 20, 2011, 6:00 PM, Ellsworth, City Hall Council Chambers (1st Floor), One City Hall Plaza. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207)287-7578.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: October 31, 2011. To ensure consideration, comments must include your name and the organization you represent, if any. Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender. MAIL or E-MAIL WRITTEN COMMENTS TO: DMR, attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008 E-mail: Laurice.Churchill@Maine.gov . WEBSITE: www.maine.gov/dmr/rulemaking . FAX: (207) 633-9579. TTY: (207) 633-9500 (Deaf/Hard of Hearing).


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 307, Maine Seed Capital Tax Credit, Amendment 7
PROPOSED RULE NUMBER: 2011-P178
BRIEF SUMMARY: The amendment implements the changes made by P.L. 2011, Ch. 454, expanding the credit statewide to 60% (except for private venture capital funds) and relating to refundable tax credits for private venture capital funds.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA c. 110, subchapter IX
CHAPTER NUMBER AND TITLE: Ch. 325, Maine New Markets Capital Investment Program
PROPOSED RULE NUMBER: 2011-P179
BRIEF SUMMARY: This rule is a new rule proposed to implement the Maine New Markets Capital Investment Program. This program was created by the Legislature this past session (PL 2011, Ch. 380, Part Q). It is modeled on the federal New Markets Tax Credit Program, awarding credits against Maine income tax for certain investments in low income community businesses in the state. The statute requires the Authority to promulgate rules to implement the Program.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §1100-Z, 36 MRSA §5219-GG
PUBLIC HEARING: none
COMMENT DEADLINE: October 28, 2011
CONTACT PERSON: Christopher H. Roney. E-mail: CRoney@FameMaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
WEBSITE: http://www.famemaine.com/ .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 81, Designation of Priority Toxic Chemicals, and
Ch. 82, Priority Toxic Chemical Reporting and Pollution Prevention Planning
PROPOSED RULE NUMBERS: 2011-P180, P181
CONTACT PERSON FOR THIS FILING: Julie Churchill, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7881. E-mail: Julie.M.Churchill@Maine.gov .
PUBLIC HEARING: October 18, 2011, 1 p.m., DEP Response Training Room, 4 Blossom Lane (AMHI Complex), Augusta, ME
COMMENT DEADLINE: October 28, 2011
BRIEF SUMMARY: Ch. 81, required by Maine’s Priority Toxic Chemical Use Reduction laws, 38 MRS §§ 2321 to 2330: the rule defines a list of “priority toxic chemicals” that subjects entities using the substances to reporting and pollution prevention planning requirements regarding any of the listed chemicals being used. This rulemaking proposes to add: Cadmium; Formaldehyde; Hexavalent Chromium; Perchloroethylene; Styrene; and, Trichloroethylene, as priority toxic chemicals.
Ch. 82, Maine’s Priority Toxic Chemical Use Reduction laws, 38 MRS §§ 2321 to 2330, subjects entities using substances defined as “priority toxic chemicals” to reporting and pollution prevention planning requirements regarding any of the listed chemicals being used. This rulemaking seeks to establish details applicable to these reporting and pollution prevention planning requirements.
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 2321 to 2330
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: 02-313 - Board of Dental Examiners (affiliated with the Department of Professional and Financial Regulation)
RULE TITLE OR SUBJECT: Ch. 16, Rules to Implement a 2-Year Pilot Project for Independent Practice Dental Hygienists to Process Dental Radiographs in Underserved Areas of the State
PROPOSED RULE NUMBER: 2011-P182
CONCISE SUMMARY: This chapter implements Resolve 2011, Ch. 167 of the 125th Maine Legislature (First Regular Session) (LD 230), that required the Board to create and adopt rules for a 2-year pilot project that allows Independent Practice Dental Hygienists to Process Radiographs in Underserved Areas of the State under protocols developed by the Board. The Resolve also requires the Board to provide a report by January 15, 2013, to the Joint Standing Committee on Labor, Commerce, Research and Economic Development on the projects ability to improve access to dental health services in federally designated dental health professional shortage areas and recommendations for the continuance, discontinuance or modification of the pilot project.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Resolve 2011, Ch. 167 of the 125th Maine Legislature (First Regular Session) (LD 230); 32 MRSA §§ 1073(2), 1094-Q, and 1100-A
PUBLIC HEARING: Anticipated hearing date: October 21, 2011 – 9:30 a.m.
DEADLINE FOR COMMENTS: November 17, 2011
AGENCY CONTACT PERSON: Teneale E. Johnson, Executive Secretary, Board of Dental Examiners, 143 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3333. E-mail: Teneale.E.Johnson@Maine.gov .
WEBSITE: http://www.mainedental.org/

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AGENCY: 02: Department of Professional and Financial Regulation (P&FR)
CHAPTER TITLE AND NUMBERS: Truth-in-Lending, Regulation Z-2
02-029 - Bureau of Financial Institutions (Ch. 138, Regulation 38), jointly with
02-030 - Bureau of Consumer Protection (Ch. 240)
PROPOSED RULE NUMBERS: 2011-P183, P184
CONTACT PERSON FOR THESE FILINGS: Christian D. Van Dyck, Attorney, Bureau of Financial Institutions (P&FR), 36 State House Station, Augusta, ME 04333. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov .
PUBLIC HEARING: None proposed
COMMENT DEADLINE: Monday, October 31, 2011
BRIEF SUMMARY: This rule-making proposes to repeal Regulation Z-2. Federal truth-in-lending regulations through July 21, 2011 have been incorporated by reference into Maine Law by virtue of 2011 PL 427, “An Act to Amend the Maine Consumer Credit Code to Conform with Federal Law” making Regulation Z-2 both out-of-date and duplicative.
DETAILED BASIS STATEMENT / SUMMARY: This rule-making repeals a joint rule issued by Bureau of Financial Institutions’ Ch. 138, Regulation 38 and the Bureau of Consumer Credit Protection’s Ch. 240, Regulation Z-2 because creditors are mandated to comply with the federal Consumer Credit Protection Act, 15 United States Code, Section 1601 et seq., and its implementing Regulations, Section 226.1 et seq. and Regulation M, 12 Code of Federal Regulations, Section 213.1 et seq., including any final regulations issued on or before July 21, 2011, pursuant to Public Law 2011, Ch. 427, “An Act to Amend the Maine Consumer Credit code to Conform with Federal Law.” In light of this Public Law, Regulation Z-2 is both out-of-date and duplicative. Any distinctions from federal truth-in-lending laws are now embodied in Article 8-A of the Maine Consumer Credit Code. It is the Bureaus’ view that this rule is superseded upon the effective date of Public Law 2011, Ch. 427.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 9-A MRS §§ 1-102, 6-104 and 8-104, Public Law 2011, Ch. 427
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITES: Bureau of Financial Institutions. Bureau of Consuler Credit Protection.


AGENCY: 02: Department of Professional and Financial Regulation (P&FR)
CHAPTER TITLE AND NUMBERS: Mortgage Lending: Guidelines for Determining Reasonable, Tangible Net Benefit
02-029 - Bureau of Financial Institutions (Ch. 144 - repeal), jointly with
02-030 - Bureau of Consumer Protection (Ch. 550 - amend)
PROPOSED RULE NUMBERS: 2011-P185, P186
CONTACT PERSON FOR THESE FILINGS: Christian D. Van Dyck, Attorney, Bureau of Financial Institutions (P&FR), 36 State House Station, Augusta, ME 04333. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov .
PUBLIC HEARING: None proposed
COMMENT DEADLINE: Monday, October 31, 2011
BRIEF SUMMARY: In 2011, the Maine Legislature passed Public Law 2011, Ch. 427, “An Act to Amend the Maine Consumer Credit Code to Conform with Federal Law.” As a result of this new law, supervised financial organizations and the Maine State Housing Authority are exempt from Section 8-506 of the Code, which sets forth enhanced restrictions for certain creditors. One of the enhanced restrictions set forth in Section 8-506 is the prohibition against knowingly or intentionally engaging in the act or practice of flipping a residential mortgage loan when making a high-cost mortgage loan or higher-priced mortgage loan. Because supervised financial organizations are no longer subject to this enhanced restriction, the Bureaus are repealing and replacing the rule with a new proposed rule that will not apply to supervised financial organizations or the Maine State Housing Authority. For this reason, the proposed rule, when it becomes effective, will no longer be a joint rule administered by both Bureaus; rather, it will be a rule administered by the Bureau of Consumer Credit Protection only. The proposed rule also changes statutory cross-references as a result of the passage of Public Law 2011, Ch. 427. The Bureaus are not proposing any other substantive changes to the rule.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE:
1. Title 9-A MRSA §1-102(2), which sets forth the underlying purposes and policies of the Code and which includes simplifying and clarifying the law governing consumer credit.
2. Title 9-A, MRSA §6-104(1)(E), which permits the Administrator to adopt, amend, and repeal rules to carry out the specific provisions of the Consumer Credit Code.
3. Title 9-A MRSA §8-504, which gives the administrator authority to adopt rules substantially similar to or that afford more protection for consumers than those codified in 12 C.F.R., Part 226.
4. Title 9-A MRSA §8-506(5), which permits the administrator to adopt rules defining with reasonable specificity the requirements for complying with the prohibition against knowingly or intentionally engaging in the act or practice of flipping a residential mortgage loan when making a high-cost mortgage loan or a higher-priced mortgage loan.
5. Title 9-A MRSA §8-506(7), which exempts supervised financial organizations and the Maine State Housing Authority from the provisions of §8-506.
6. Title 9-A MRSA §8-508, which grants rulemaking authority to the administrator to prohibit acts or practices in connection with the refinancing of a residential mortgage loan that the administrator finds is associated with abusive lending practices or that is otherwise not in the interest of the borrowing public.
7. Title 9-B MRSA §215, which permits the Superintendent of the Bureau of Financial Institutions to implement rules relating to the supervision of financial institutions or their subsidiaries, or financial institution holding companies or their subsidiaries. 
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Public Law 2011, Ch. 427
WEBSITES: Bureau of Financial Institutions. Bureau of Consuler Credit Protection.


AGENCY: 18-553 - Bureau of Alcoholic Beverages and Lottery Operations (BABLO, part of DAFS), Maine State Liquor and Lottery Commission
RULE TITLE OR SUBJECT: Ch. 20, Powerball Rules
PROPOSED RULE NUMBER: 2011-P187
CONCISE SUMMARY: This amendment repeals and replaces the existing rule governing the online jackpot game Powerball. The repeal and replacement of these rules is necessary because of major game changes to Powerball as determined by the Multi-State Lottery Association including a change in the price to $2.00 per single play bet, changing the matrix to 5 of 59 and 1 of 35, improving the overall odds of winning a prize, improving the odds of winning the grand prize and increasing the starting grand prize to $40 million. In order to sell Powerball tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions for the major components of the rules for Powerball as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Powerball game.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
FISCAL IMPACT ON MUNICIPALITIES: None
STATUTORY AUTHORITY: 8 MRSA §374 and 8 MRSA §372, sub-§2, ¶I
PUBLIC HEARING: No Public Hearing
DEADLINE FOR COMMENTS: October 31, 2011
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMP ACT ON SMALL BUSINESS IF RELEVANT: Timothy R. Poulin, Acting Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
WEBSITE: http://www.maine.gov/dafs/bablo/ .
DEPARTMENTAL (DAFS) RULE-MAKING LIAISON: Sandra.J.Harper@Maine.gov .

ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rev. #255A:
Part 12, Residential Care
Chart 3.11, Spousal Living Allowance for SSI Recipients
Chart 4.3, Nursing Care Private Rate
Chart 6, Federal Poverty Levels
ADOPTED RULE NUMBER: 2011-314
CONCISE SUMMARY: This rule updates the MaineCare Eligibility Manual with the Federal Poverty Level (FPL) amounts that were published in the U.S. Department of Health and Human Services Federal Register on January 20, 2011. The Federal Poverty Levels are used to determine eligibility for MaineCare, and to calculate the Spousal Living Allowance for SSI Recipients. Both Chart 6 Federal Poverty Levels and Chart 3.11 needed to be revised to reflect the new federal FPL amounts.
The rule also changes the Chart 4.3 Nursing Care Private Rate from $7258 to $7667 based on the results of a survey conducted by the Department in February 2011. This is the first change in this rate since 2009. The Nursing Care Private Rate is used to calculate the penalty period for individuals seeking MaineCare funding for care in a medical institution or home and community-based waiver services when transfers of assets have occurred for less than fair market value.
This rule will have no effect on the administrative burdens of small businesses.
EFFECTIVE DATE: September 1, 2011
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta, ME 04333-0011. Telephone: (207) 287-4076. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rev. #256A: Part 13, Home and Community-Based Waiver - Home and Community-Based Services Waiver for Children with Intellectual Disabilities and/or Pervasive Developmental Disorders
ADOPTED RULE NUMBER: 2011-315
CONCISE SUMMARY: A new Mainecare program will provide a cost-neutral alternative to institutional care for children aged five through twenty years old (up to age twenty-one) with Intellectual Disabilities and/or Pervasive Developmental Disorders. This rule permanently adopts MaineCare Eligibility Manual Emergency Rule #256E which added the eligibility rules for this waiver to Part 13 of the MaineCare Eligibility Manual.
This waiver was approved for a three-year period by the Centers for Medicare and Medicaid Services with an effective date of February 1, 2011. The Department was not able to initiate operation of the waiver program before July 1, 2011 through emergency rulemaking. The Office of MaineCare Services requested that CMS approve a new effective date for the first year starting July 1, 2011.
This rule will have no effect on the administrative burdens of small businesses.
EFFECTIVE DATE: September 29, 2011
AGENCY CONTACT PERSON: Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta, ME 04333-0011. Telephone: (207) 287-4076. TTY: (800) 606-0215. E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands, Off-Road Vehicle Division
CHAPTER NUMBER AND TITLE: Ch. 7, Rules for Snowmobile Program
ADOPTED RULE NUMBER: 2011-316
CONCISE SUMMARY: To identify the process and define the terms and conditions for making grants-in-aid to political subdivisions for the construction and/or maintenance of snowmobile trails.
EFFECTIVE DATE: September 23, 2011
STATUTORY AUTHORITY: Title 12, MRSA Ch. 937 §13104-4
AGENCY CONTACT PERSON: Scott Ramsay, Department of Conservation, Bureau of Parks and Lands, Off-Road Vehicle Division, State House Station 22, Augusta, ME 04333. Telephone: (207) 287-4956. E-mail: Scott.Ramsay@Maine.gov .
WEBSITE: http://www.maine.gov/doc/parks/ .
CONSERVATION RULE-MAKING LIAISON: Dan.Burke@Maine.gov .


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands, Off-Road Vehicle Division
CHAPTER NUMBER AND TITLE: Ch. 9, Rules for Snowmobile Capital Equipment Grand-in-aid Program
ADOPTED RULE NUMBER: 2011-317
CONCISE SUMMARY: Title 12, MRSA Ch. 937 §13104-4 authorizes the Bureau's Off-Road Vehicle Division to award grants to qualified snowmobile clubs or political subdivisions that have purchased grooming equipment to maintain snowmobile trails. The purpose of this rule is to establish the Bureau's Snowmobile Capital Equipment Grant in Aid Program and its associated Capital Equipment Fund, identify the process for qualified snowmobile clubs or political subdivisions to use to apply for Capital Equipment Grants, and to define the terms and conditions of the Grants.
EFFECTIVE DATE: September 23, 2011
STATUTORY AUTHORITY: Title 12, MRSA Ch. 937 §13104-4
AGENCY CONTACT PERSON: Scott Ramsay, Department of Conservation, Bureau of Parks and Lands, Off-Road Vehicle Division, State House Station 22, Augusta, ME 04333. Telephone: (207) 287-4956. E-mail: Scott.Ramsay@Maine.gov .
WEBSITE: http://www.maine.gov/doc/parks/ .
CONSERVATION RULE-MAKING LIAISON: Dan.Burke@Maine.gov .