June 4, 2014

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/index.html. There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 02-029 - Department of Professional and Financial Regulation (PFR), Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 118, Funds Availability and Truth in Savings
PROPOSED RULE NUMBER: 2014-P130
GENERAL SUMMARY OF THE SUBSTANCE OF PROPOSED RULE: This promulgation repeals and replaces Regulation 18. It conforms Regulation 18 to federal regulations, specifically, by incorporating by reference Federal Regulation CC (12 CFR Part 229, January 1, 2014), Federal Regulation DD (12 CFR Part 1030, January 1, 2014), and National Credit Union Administration Board provisions (12 CFR Part 707, January 1, 2014), which include any amendments that may have been made to these federal regulations since this rule was last promulgated. This promulgation replaces references to 12 CFR Part 230 with references to 12 CFR Part 1030 because administration of this regulation has been transferred from the Federal Reserve Board to the Consumer Financial Protection Bureau (CFPB). Accordingly, the Federal Reserve Board has proposed repealing 12 CFR Part 230 because it has been replaced by 12 CFR Part 1030 now administered by the CFPB.
The text of the proposed rule and the notice of rulemaking may be found at the Bureau’s website: www.Maine.gov/pfr/financialinstitutions.
SMALL BUSINESS IMPACT STATEMENT: May be found at the Bureau’s website: www.maine.gov/pfr/financialinstitutions.
PUBLIC HEARING: None proposed. If 5 or more interested persons request a hearing, they may do so by contacting Christian D. Van Dyck.
COMMENT DEADLINE: July 7, 2014.
CONTACT PERSON FOR SUBMITTING DATA, VIEWS OR ARGUMENTS, AND OBTAINING ADDITIONAL INFORMATION OR PRINTED VERSION OF PROPOSED RULE / SMALL BUSINESS INFORMATION / BUREAU RULE-MAKING LIAISON: Christian D. Van Dyck, Attorney, Bureau of Financial Institutions, 36 State House Station, Augusta ME 04333-0036. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: Title 9-B MRSA §241(1) gives the Superintendent the authority to promulgate rules defining, limiting, or proscribing acts and practice which are determined to be anti-competitive, unfair, deceptive or otherwise injurious to the public interest.
Title 9-B MRSA §241(5) gives the Superintendent the authority to promulgate rules setting forth time limitations and disclosure requirements governing funds availability. That statute also requires that Maine's financial institutions make funds, represented by items deposited into an account, available for withdrawal within a reasonable time.
Title 9-B MRSA §242(1) gives the Superintendent authority to adopt rules defining, limiting or proscribing advertising that is false, misleading or deceptive.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Federal Regulation CC, 12 CFR Part 229, (January 1, 2014), Federal Regulation DD, 12 CFR Part 1030, January 1, 2014), and National Credit Union Administration Board provisions (12 CFR Part 707, January 1, 2014)


AGENCY: 17-229 - Maine Department of Transportation (MaineDOT)
CHAPTER NUMBER AND TITLE:
Ch. 205, Permit-By-Rule Regulations for Aboveground Utility Facilities (repeal; merge subject matter into Ch. 210)
Ch. 210, Utility Accommodation Rules
PROPOSED RULE NUMBER: 2014-P131, P132
BRIEF SUMMARY: We propose to repeal and replace Ch. 210, our "Utility Accommodation Policy Rules", and to repeal, relocate and amend Ch. 205, our "Permit-By-Rule Regulations for Aboveground Utility Facilities". The repealed "Permit-By-Rule" regulations, with some minor amendments, will be relocated within the new Ch. 210, which will be retitled "Utility Accommodation Rules". These rules set standards for permitting and locating utility facilities within the corridors of all state and state-aid highways.
DETAILED BASIS STATEMENT / SUMMARY: The purpose for this rule-making is to repeal and replace MaineDOT's existing "Utility Accommodation Policy" rules; revised title will be "Utility Accommodation Rules"; also repeal, relocate and amend MaineDOT's existing "Permit-By-Rule Regulations for Aboveground Utility Facilities".
The intent of these rules are to provide administrative procedures and establish minimum requirements governing the location, method of installation, maintenance, adjustment and relocation of the utility facilities on state and state-aid highways.
Major revisions include: inserting Permit-By-Rule regulations, inserting Highway Opening policy and construction requirement details, overhaul standard utility offsets to reflect current Engineering Instructions and Corridor Priority designations, better define where and when Utility Accommodation Rules apply, joint use of poles with regard to installation of MaineDOT traffic signalization equipment, distinguishing between high pressure gas transmission and low pressure gas distribution lines, defining financial responsibility for utility relocation work and project delay claims.
Minor revisions include: tree trimming requirements, location of poles near guardrail ends, underground services, the use of metal gate valve boxes, offsets for maintenance of highway signs and structures, directional drill tip instrument requirements, gas line shutoffs for over-water bridges, preferred corridors for utility occupation, permit requirements for crossing Control Of Access highways and utility coordination.
PUBLIC HEARING: Monday, June 23, 2014, 1:00 p.m. to 3:00 p.m. at the Transportation Building (MaineDOT Office), Child Street, Augusta, Maine - Room 216.
COMMENT DEADLINE: 5:00 p.m., July 7, 2014
CONTACT PERSON(S) FOR THIS FILING / SMALL BUSINESS INFORMATION: William Akins, MaineDOT Legal Services; Michael Moreau, MaineDOT Utility Engineer – Department of Transportation, 16 State House Station, Augusta, ME 04333-0016. Telephone: (207) 624-3020. E-mails: William.Akins@Maine.gov ; Michael.Moreau@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: These rules will regulate the accommodation of utility facilities in Urban Compact Areas where the Compact municipality has not adopted more stringent local rules [35-A MRSA §2503 (21)].
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §2503(16) & (21); 23 MRSA §52
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .
WEBSITE: http://www.maine.gov/mdot/ .

ADOPTIONS

AGENCY: 01-015 Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-14
ADOPTED RULE NUMBER: 2014-102
CONCISE SUMMARY: Minimum June 2014 Class I price is $26.11/cwt. plus $1.16/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 $29.47/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: June 1, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #267A, Premium Increase for HIV/AIDS Waiver: Part 9 Section 1.4.1, Payment of Premiums; Chart 3.10, Premiums for HIV Benefit
ADOPTED RULE NUMBER: 2014-103
CONCISE SUMMARY: This rule increases the monthly premium for certain individuals enrolled in the HIV/AIDS Waiver, [10-144 CMR ch. 101, MaineCare Benefits Manual: Ch. X Section 1, “Benefit for People Living with HIV/AIDS”], for 2014. For persons with income equal to or less than 150% of the Federal Poverty Level (FPL) the monthly premium remains at zero. The monthly premium increases from $31.04 to $32.59 for people with income between 150.1% of the FPL up to and including 200% of the FPL, and from $62.07 to $65.17 for people with income between 200.01% and 250% of the FPL.
This rule results in changes to Chart 3.10, “Premiums for HIV Benefit”, of the MaineCare Eligibility Manual.
This rule also updates the grace period on nonpayment of premiums. The grace period extends through the last day of the twelve month enrollment period or 60 days from the first day of the month for which a payment is due, whichever is later.
This rule change is made necessary as a result of premium adjustments necessary to comply with federal lawand the waiver agreement between the Maine Department of Health and Human Services and the Centers for Medicare and Medicaid Services, through which this initiative is operated.
The rule will not be implemented until it has been adopted, properly filed with the Secretary of State and becomes effective in accordance with 5 M.R.S. §§ 8001, 8052, Maine Administrative Procedure Act.
This rule change is not anticipated to impose any additional costs on counties or municipalities or to have any adverse impact on small businesses.
EFFECTIVE DATE: June 1, 2014
AGENCY CONTACT PERSON: Lea Kendall, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4106. TTY: Maine Relay 711. E-mail: Lea.Kendall@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 02-360 - Department of Professional & Financial Regulation (PFR), Office of Professional & Occupational Regulation (OPOR), Board of Licensure for Professional Land Surveyors
CHAPTER NUMBER AND TITLE: Ch. 70, Continuing Education
ADOPTED RULE NUMBER: 2014-104
CONCISE SUMMARY: The rule establishes the continuing education requirement for renewal of a land surveyor license. Land surveyors are required to complete 8 clock hours in one of the content areas set out in the rule in courses, seminars, instructional programs, workshops or in-service training sessions. A licensee issued a license during the first of the 2-year license term is required to complete 4 hours and a licensee issued a license during the second year of the 2-year term is not required to complete continuing education for the first license renewal term. A licensee who is 65 years or older and practices less than 160 hours a year is not required to complete the continuing education hours for renewal.
EFFECTIVE DATE: June 2, 2014
AGENCY CONTACT PERSON: Carol Leighton, Administrator, Office of Professional and Occupational Regulation, Board of Licensure for Professional Land Surveyors, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/surveyors/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 106, Low Sulfur Fuel
ADOPTED RULE NUMBER: 2014-105 (Final adoption, major substantive)
CONCISE SUMMARY: The Department has adopted major substantive rules that provide an opportunity for a licensed air contamination source to utilize an alternative sulfur reduction strategy that provides emission reductions that are equivalent to the use of low sulfur fuels. These rules allow for the achievement of equivalent sulfur emission reductions through other means, including, but not limited to, reductions in the consumption of residual fuel oil and distillate fuel, early sulfur emission reductions from a baseline emissions inventory year of 2002 and conversions to alternative fuels, and will require the alternative control plan to be submitted to EPA for incorporation in the Maine State Implementation Plan (SIP) as a single-source State Implementation Plan revision.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/.
EFFECTIVE DATE: June 27, 2014
AGENCY CONTACT PERSON: Jeffrey Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 159, Control of Volatile Organic Compounds from Adhesives and Sealants
ADOPTED RULE NUMBER: 2014-106
CONCISE SUMMARY: The Department has amended its Ch. 159, Control of Volatile Organic Compounds from Adhesives and Sealants, to delay compliance requirements for single-ply roof membrane installation or repair adhesives, single-ply roof membrane sealants and single-ply roof membrane adhesive primers until January 1, 2016.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/.
EFFECTIVE DATE: June 2, 2014
AGENCY CONTACT PERSON: Jeffrey Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 884 (New), Designation of Cadmium as a Priority Chemical and Regulation of Cadmium in Children’s Products
Ch. 886 (New), Designation of Mercury as a Priority Chemical and Regulation of Mercury in Children’s Products
Ch. 887 (New), Designation of Arsenic as a Priority Chemical and Regulation of Arsenic in Children’s Products
ADOPTED RULE NUMBER: 2014-107, 108, 109
CONCISE SUMMARY: The Department has adopted three new rules implementing Maine’s Toxic Chemicals in Children’s Products law (38 MRSA §§ 1691-1699-B), which, as set forth in 38 MRSA §1692, has the purpose of protecting the health, safety and welfare of children and other vulnerable populations by reducing their exposure to chemicals of high concern by substituting safer alternatives when feasible. These rules designate cadmium, mercury, and arsenic as priority chemicals, and require manufacturers or distributors of certain children’s products, which are available for sale in the State of Maine, to report the intentional use of these chemicals above de minimis levels.
EFFECTIVE DATE: June 2, 2014
AGENCY CONTACT PERSON: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine. Telephone: (207) 215.1894. E-mail: Kerri.Malinowski@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .