February 8, 2012

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: 04-058 � Department of Conservation (DOC), Maine Forest Service
CHAPTER NUMBER AND TITLE: Ch. 24, Boundary Paint Marking Standards
PROPOSED RULE NUMBER: 2012-P9
CONTACT PERSON FOR THIS FILING: Donald J. Mansius. Telephone: (207) 287-2791. E-mail: Forestinfo@Maine.gov .
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: 5:00 p.m. local time, Monday, 12 March, 2012
BRIEF SUMMARY: This rule establishes the procedures for lawfully posting property against trespass by the use of paint markings. The rule establishes requirements for the color and type of paint that may be used to indicate that access to property is prohibited without permission of the landowner or the landowner’s agent.
FURTHER DETAILS: The rule specifically requires that:
Paint used to post property against trespass must be:
1. either exterior latex or enamel paint; and,
2. the color purple.
Paint markings must be renewed at intervals no longer than five years.
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 17-A M.R.S., Part 2, c. 17 (§402, sub-§4, para. B-1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/doc/mfs/index.shtml .
DOC RULE-MAKING LIAISON: Dan.Burke@Maine.gov .


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 1, Procedures
PROPOSED RULE NUMBER: 2012-P10
CONCISE SUMMARY: The proposed rule amendments address money received and spent by individuals considering whether to run for public office; interpret the exception in campaign finance law for news media; establish criteria for a new statutory exception to the disclaimer requirement for certain handbills, campaign signs and internet or e-mail communications; eliminate accelerated reports for traditionally financed candidates with a Maine Clean Election Act opponent; amend the deadlines for independent expenditure reports; and establish deadlines for communications by membership organizations to their members.
RULE TITLE OR SUBJECT: Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2012-P11
CONCISE SUMMARY: The proposed rule amendments would simplify the written statement required in the Commission’s forms for volunteers who collect qualifying contributions for candidates; delete references to payments of matching funds to Maine Clean Election Act candidates; and require that records of vehicle travel be kept on or near the time of travel if a campaign is using Maine Clean Election Act funds to reimburse a candidate or volunteer for their vehicle travel; and increase the amount which a campaign must recover when selling personal property or equipment to a candidate after the election.
A copy of the proposed rule amendments is available on the Ethics Commission’s website – www.maine.gov/ethics or by calling (207) 287-4179.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003(1); 21-A MRSA §1126
PUBLIC HEARING: Wednesday, February 29, 2012, 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on Monday, March 12, 2012
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine. Telephone: (207) 287-4179. E-mail: Jonathan.Wayne@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 32, Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
PROPOSED RULE NUMBER: 2012-P12
CONCISE SUMMARY: The Department established Ch. II, Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders, in July of 2011. The Department decided to reopen Ch. II in response to comments to the initial proposed rule. The Department is proposing to add an Appendix I to Ch. II that would provide for an increased level of home support where certain criteria of need are met. The Department proposes to add definitions in Section 32.02 for the terms “Behavioral Interventions,” “Restraint” and “Seclusion.” The Department is proposing to add clarifying language to Section 32.03 regarding eligibility and priority. Additionally, the Department proposes to add language specifying the individual cost limits for waiver services, as set forth in the waiver application approved by the Centers for Medicare and Medicaid. Other technical changes and formatting are being proposed.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173
PUBLIC HEARING: February 27, 2012, 9:00 – 11:00 a.m., Pinetree Room, Department of Health and Human Services, Office of Child and Family Services, 2 Anthony Avenue, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before February 20, 2012.
COMMENT DEADLINE: Midnight, Thursday, March 8, 2012.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 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 or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 32, Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders
PROPOSED RULE NUMBER: 2012-P13
CONCISE SUMMARY: The Department went to emergency rulemaking on July 1, 2011 to establish Ch. III Section 32, Waiver Services for Children with Intellectual Disabilities or Pervasive Developmental Disorders, that details procedure codes and rates of reimbursement for covered services as described in Ch. II Section 32. During the initial rulemaking, the Department receiving compelling comments and determined Ch. III required changes in order to address the comments. The proposed rule lapsed and the Department is reopening the rule in order to make changes as a result of comment received during the comment period. The per diem rate for Home Support Family is $142.03 a day and the Department is proposing to increase it to $265.83 a day. The Department is proposing to add an increased level of support fee structure to allow children to better be supported to live in the natural home, raising the rate to $502.79 per diem. Also, the Department proposes to increase the rate for behavioral consultation from $13.75 to $21.00 per quarter hour.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173
PUBLIC HEARING: February 27, 2012, 9:00 – 11:00 a.m., Pinetree Room, Department of Health and Human Services, Office of Child and Family Services, 2 Anthony Avenue, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before February 20, 2012.
COMMENT DEADLINE: Midnight, Thursday, March 8, 2012.
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 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 or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 880, Regulation of Chemical Use in Children’s Products
PROPOSED RULE NUMBER: 2012-P14
CONTACT PERSON FOR THIS FILING: Kerri Malinowski, Maine Department of Environmental Protection, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207) 287-5987. E-mail: Kerri.Malinowski@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie Churchill. Telephone: (207) 287-7881. E-mail: Julie.M.Churchill@Maine.gov .
PUBLIC HEARING: N/A
COMMENT DEADLINE: March 9, 2012 at 5 p.m., comments may be submitted by mail, email or fax. To ensure the comments are considered, they must include your name and the organization you represent, if any. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and provided an opportunity for comment.
BRIEF SUMMARY: The Department held a public hearing on November 15, 2011 on the proposed amendments to rule Ch. 880, Regulation of Chemical Use in Children’s Products. The comment period closed on November 28, 2011. In response to evidence received at the hearing and written comments received from interested parties, the Department is proposing to adopt certain changes to the proposed rule that will result in a rule that differs considerably from the Department’s initial proposal. The Maine Administrative Procedure Act (MAPA), 5 MRSA §8052(5), requires that “[if] an agency determines that a rule that the agency intends to adopt is substantially different from the proposed rule, the agency shall request comments from the public concerning the changes from the proposed rule.”
DETAILED BASIS STATEMENT / SUMMARY: As stated in the declaration of policy under 38 MRSA §1692, the goal of the law is to protect the health, safety and welfare of children and other vulnerable populations by reducing their exposure to chemicals of high concern through the substitution of safer alternatives when feasible. To accomplish this goal, the law confers upon the department the regulatory power to compel disclosure of information on priority chemicals and prohibit the sale of children’s products containing those chemicals when safer alternatives are available. Ch. 880 identifies the process by which the department will classify chemicals of high concern, from which priority chemicals are designated for regulatory scrutiny, and details how the department will go about collecting information from manufacturers on the use of priority chemicals in children’s products. Changes to the underlying statute enacted by PL 2011, c. 319 [An Act to Provide the DEP with Regulatory Flexibility Regarding the Listing of Priority Chemicals, LD 1129, 125th Legislature], necessitate the amendments proposed to the existing rule Ch. 880.
The Department held a public hearing on November 15, 2011 on the proposed amendments to rule Ch. 880, Regulation of Chemical Use in Children’s Products. The comment period closed on November 28, 2011. In response to evidence received at the hearing and written comments received from interested parties, the Department is proposing to adopt certain changes to the proposed rule that will result in a rule that differs considerably from the Department’s initial proposal. The Maine Administrative Procedure Act (MAPA), 5 MRSA §8052(5) requires that “[if] an agency determines that a rule that the agency intends to adopt is substantially different from the proposed rule, the agency shall request comments from the public concerning the changes from the proposed rule.”
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §341-D(1-C)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .

ADOPTIONS


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, OFI Maine Public Assistance Manual, Rule #93E � Ch. II (pages 38-41 �ASPIRE-TANF�)
ADOPTED RULE NUMBER: 2012-9 (Emergency)
CONCISE SUMMARY: This emergency rule will implement provisions from P.L. 2011, ch. 380, §§ PP-3 and PP-4 , which revise the penalty for mandatory ASPIRE participants who fail without good cause to sign the family contract or to abide by its provisions as stated below:
1. For the first failure to comply, benefits to the individual will be terminated for the lesser of ninety (90) days or until the failure to comply ceases. Benefits for the remainder of the eligible family members will continue.
2. When the first failure to comply lasts for longer than 90 days and for a second and subsequent violation, termination of benefits applies to the adult recipient and the full family unit.
Benefits shall be restored once the recipient signs the contract and verifies compliance with the provisions of the contract.
EFFECTIVE DATE: February 1, 2012
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF 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) 287-6426. TTY: (800) 606-0215. E-mail: Dawn.Mulcahey@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/
DHHS RULE-MAKING LIAISON: Kevin.Wells@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 80, Pharmacy Services
ADOPTED RULE NUMBER: 2012-10 (Emergency)
CONCISE SUMMARY: The emergency rule will increase the dispensing fee paid to mail order pharmacies to $2.50 (two dollars and fifty cents). This emergency rulemaking is necessary in order to support administrative savings initiatives included in the 2012 Supplemental Budget.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: February 1, 2012
AGENCY CONTACT PERSON: Amy Dix, Comprehensive Health Planner II/Policy Writer, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 16-219 - Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Ch. 36 (New), Consumer Fireworks Sales License
ADOPTED RULE NUMBER: 2012-11
CONCISE SUMMARY : This rule describes licensing procedures and safety regulations for retail sellers of consumer fireworks in Maine and incorporates by reference Ch. 7, Retail Sales of Consumer Fireworks, of National Fire Protection Association Code 1124, Code for the Manufacture, Transportation, Storage, and Retail Sale of Fireworks and Pyrotechnic Articles, 2006 edition.
EFFECTIVE DATE: February 6, 2012
AGENCY CONTACT PERSON: Richard E. Taylor, Sr. Planning & Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3873. E-mail: Richard.E.Taylor@Maine.gov .
WEBSITE: http://www.maine.gov/dps/fmo/index.htm


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 850, Identification of Hazardous Wastes
ADOPTED RULE NUMBER: 2012-12
CONCISE SUMMARY: The Department has adopted amendments to these rules making them consistent with rules by EPA, such that isopropyl alcohol is not a hazardous waste if it is being used or reused as an effective substitute for a commercial product.
EFFECTIVE DATE: February 8, 2012
AGENCY CONTACT PERSON: Stacy Ladner, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-2651. E-mail: Stacy.A.Ladner@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 418, Maine Solid Waste Management Rules: Beneficial Use of Solid Wastes; and Ch. 419, Maine Solid Waste Management Rules: Agronomic Utilization of Residuals
ADOPTED RULE NUMBER: 2012-13 and 14
CONCISE SUMMARY: As required by PL 2011 Ch. 304 (LD 1), the Department of Environmental Protection has adopted changes to the Maine Solid Waste Management Rules: Beneficial Use of Solid Wastes, 06-096 CMR 418 and the Maine Solid Waste Management Rules: Agronomic Utilization of Residuals, 06-096 CMR 419. The revisions provide that wood ash is not a solid waste if being used, reused or recycled as an effective substitute for commercial products.
EFFECTIVE DATE: Feruary 8, 2012
AGENCY CONTACT PERSON: Carla J. Hopkins, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 215-3314. E-mail: Carla.J.Hopkins@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (MRS)
CHAPTER NUMBER AND TITLE: Ch. 601, Estate Tax
ADOPTED RULE NUMBER: 2012-15
CONCISE SUMMARY: MRS has adopted amended Rule 601 (“Estate Tax”). The following changes were made to the Rule. The definition of “Maine exclusion” in section .01(H) was amended to reflect the legislative change that raised the exclusion to $2,000,000 for estates of decedents dying after December 31, 2012. Other references throughout the Rule were updated to include that change and the new estate tax chapter in Title 36. Additionally, wording throughout the Rule was revised to be more precise. The deadline for filing an amended return in .03(D) was extended to reflect the passage of a recent law that changed that date from 90 to 180 days. The domicile discussion in section .07(B) was edited to more closely follow the language in Rule 807 –Residency. Section .07(D)(1) was amended to remove the inclusion of proceeds from the sale of Maine property in response to a law change. Section .07(D)(2) was changed to more closely follow the language of the statute that was recently amended. New language reflecting the change in the law to the calculation of the Maine QTIP for decedents dying on or after January 1, 2011 was included in section .08. Various other editorial changes were made.
CHAPTER NUMBER AND TITLE: Ch. 806, Nonresident Individual Tax
ADOPTED RULE NUMBER: 2012-16
CONCISE SUMMARY: MRS has adopted amended Rule 806 ("Nonresident Individual Income Tax"). The following changes were made to the Rule. The Rule is edited to change headings, remove examples, correct references, and renumber provisions to be consistent with the format used in connection with other Bureau of Revenue Services Rules. New definitions of "permanent business presence," "research and development," and ''temporary business presence" were added in section .01 to clarify the use of these terms elsewhere in the Rule. In section .02(E), the meaning of "original cost" as used in that subsection was clarified by reference to Rule 801. In section .02(G) and (H), discussion of the minimum taxability thresholds was revised to reflect the recent legislative changes to the thresholds. Section .03 was revised to reflect recent changes to federal and state law impacting respectively, military spouses and nonresident employees subject to interlocal agreements. Section .04 was updated to include discussion of the existing law applicable to net operating losses that began in 2009. An application date was added at the end of the Rule. Various other editorial changes were made, including revision of wording throughout the Rule to be more precise.
CHAPTER NUMBER AND TITLE: Ch. 807, Residency
ADOPTED RULE NUMBER: 2012-17
CONCISE SUMMARY: MRS has adopted amended Rule 807 (“Residency”). The following changes were made to the Rule. In section .04(D) and (G), the geographic location of an individual’s financial institution was deleted as a factor and was instead listed as an exception from consideration consistent with the recent law change. A reference to the Internal Revenue Code was added the factor related to the individual’s principal residence. In section .06(B)(3), how a portion of a day is counted was clarified. An application date was added in section .10. Various other editorial changes are made, particularly related to format.
EFFECTIVE DATE: February 11, 2012
AGENCY CONTACT PERSON: Nanette Ardry, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette.M.Ardry@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .