March 25, 2015

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: 10-148 - Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS)
CHAPTER NUMBER AND TITLE: Ch. 577, Alumni Transition Grant Program Rules
PROPOSED RULE NUMBER: 2015-P047
BRIEF SUMMARY: As a result of recent state legislation, the proposed rules establish the Alumni Transition Grant Program (ATGP), which provides financial support and navigator services to youth, who were formerly in Maine’s foster care system and who meet certain eligibility criteria, in order to support their post-secondary education. The ATGP also establishes an Advisory Committee.
PUBLIC HEARING: None, unless requested by five (5) interested parties.
COMMENT DEADLINE: April 24, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dulcey Laberge, OCFS, 2 Anthony Avenue, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 624-7928. E-mail: Dulcey.Laberge@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §4010-C
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Exceptions to Dimensional Requirements for Public Recreational Facilities
PROPOSED RULE NUMBER: 2015-P048
BRIEF SUMMARY: The Maine land Use Planning Commission is seeking public comment on proposed amendments to Ch. 10, Land Use Districts and Standards, that would provide an exception to dimensional lot standards for certain public recreational facilities. The exceptions would apply to boat launches, campsites, and trailheads that are owned, leased, or operated by a public entity. Eligible public facilities would be those that are within or surrounded by land protected by a conservation easement or other legally binding provisions that prohibit incompatible land uses in locations that would be affected by the reductions. The exceptions would be a minimum lot size of 20,000 square feet, minimum shoreline frontage of 100 feet, and minimum road frontage of 100 feet. The exceptions would be allowed only if the facility is otherwise sufficiently sized to fulfill the use for which it is designed.
PUBLIC HEARING: None
COMMENT DEADLINE: Written comments must be submitted on or prior to April 24, 2015; and Written rebuttal comments must be submitted on or prior to May 1, 2015.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Hugh Coxe, Maine land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2662. E-mail: Hugh.Coxe@Maine.gov. Website: www.maine.gov/doc/lupc .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 685-A(3), 685-A(7-A), §685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program
PROPOSED RULE NUMBER: 2015-P049
BRIEF SUMMARY: This rule repeals and replaces the current Home Energy Assistance Program rule. The rule establishes standards for administering fuel assistance, emergency fuel assistance, weatherization, and heating system repair and replacement funds to low income households in the State of Maine. The replacement rule extends the FFY 2015 LIHEAP application period from April 30 to July 17 for the following applicants: tenants in subsidized housing with heat included; tenants in rental units with heat included; and households that are potential candidates for the PUC Arrearage Management Program (AMP)
A copy of the proposed replacement rule may be found at www.mainehousing.org.
PUBLIC HEARING: N/A
COMMENT DEADLINE: Friday, April 24, 2015 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600, (800) 452-4668 (voice in state only), or Maine Relay 711. E-mail: luhl@mainehousing.org .
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA §§ 4722(1)(W), 4741(15), and 4991 et seq.; 42 U.S.C.A. §§ 8621 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above


AGENCY: 17-229 - Maine Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 206, Rules for the Installation of Gas, Food, Lodging, Camping and Attractions Logo Signs on the Rural Portions of the Interstate Highway System
PROPOSED RULE NUMBER: 2015-P050
BRIEF SUMMARY: MaineDOT is proposing amendments to Ch. 206. The current rules offer little flexibility for mixing and matching logo signs on the interstate. The amended rules will afford the Department much needed flexibility, as follows:
* Change to allow attraction logos
* Added flexibility in what is allowed under attractions including types of facilities, number of visitors and miles from the interchange.
* Allowing mileage distance to be doubled and visitors halved on sections of Interstate with less than 5000 AADT.
* Increased flexibility by allowing logo panels to go up with 2 entities instead of the currently required 3 entity applications.
* Allows more than 6 panels of one service type spread over multiple boards.
* In non-rural areas, the Department may allow Attraction and Lodging signs if there is sufficient room.
* If a service is not located on the roadway the interchange serves, the logo entity shall apply for OBDS as continuity signage. Municipalities cannot deny OBDS signs needed for continuity purposes.
* If logo signage for gas, food, lodging and camping are full at an interchange and other entities are on a waiting list to get signage, those entities that have signs will be allowed to keep their signs until December 31, 2016, at which time a lottery will be held to determine which entities will receive permits. This lottery will be held at the end of December every 3 years after.
* If the Attractions panels are full at an interchange, the Department will open up 3 slots for a bid process, with the highest 3 bidders receiving the slots, their yearly cost will be their bid price. The remainder of the slots will be done via lottery. This lottery will be held at the end of December every 3 years after.
* Existing signs on the interstate that the Department determines is better suited for logo signage will be removed from the interstate by December 31, 2015. The Department will notify the entity 30 days before removal.
* Change to allow the Department to install and maintain the signs.
PUBLIC HEARING: No public hearing is planned.
COMMENT DEADLINE: 4:30 pm, Friday, April 24, 2015.
CONTACT PERSON(s) FOR THIS FILING / SMALL BUSINESS INFORMATION: William Akins, Legal Administrator, MaineDOT Legal Services, telephone (207) 624-3020; Stephen Landry, State Traffic Engineer, telephone (207) 624-3632 – E-mail: Stephen.Landry@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: There is no fiscal impact or additional work for municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 23 MRSA §1912-B; 23 MRSA §52
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mdot/ .
DOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .

ADOPTIONS

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 180, Performance Evaluation and Professional Growth Systems
ADOPTED RULE NUMBER: 2015-040 (Emergency)
CONCISE SUMMARY: The US Department of Education requires that statutory revisions to 20-A MRSA §13704 and §13706 regarding educator effectiveness and corresponding amendments be made to Maine Department of Education rule Ch. 180 be in effect by March 30, 2015 in order to be in compliance with the federal Elementary and Secondary Education Act. Specifically, the rule language has been changed to reflect that school administrative units will use state assessment data for English language arts and math as a measure of performance for teachers and as a measure of performance for principals. The rule clarifies the usage of summative effectiveness ratings for certain categories of performance rating. An additional component has been added to the rules regarding monitoring of the performance evaluation and professional growth systems.
EFFECTIVE DATE: March 18, 2015
AGENCY CONTACT PERSON: Anita Bernhardt, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6835. E-mail: Anita.Bernhardt@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Deborah.Friedman@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services, Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #277A Brain Injury Waiver:
Part 13, Home and Community-Based Waiver: Sections 1, Definitions, and 6.1, Budgeting;
Part 6, Supplemental Security Income: Section, 5.2.6, Individuals Receiving Nursing Care in Community Settings
ADOPTED RULE NUMBER: 2015-041
CONCISE SUMMARY: A new MaineCare waiver program will provide an alternative to institutional care for adults with brain injuries. This rule sets forth the eligibility criteria for this waiver program. The Centers for Medicare and Medicaid Services approved this waiver with an effective date of July 1, 2014.
The proposed rule also removes the Home and Community Benefits for the Physically Disabled Waiver eligibility group and changes the budgeting process and eligibility calculations to subtract 200% of the FPL as a Personal Needs Allowance (PNA) for all single-person households within the Home and Community Benefits (HCB) Waiver Program for the Elderly and for Adults with Disabilities. This is equal to the PNA for all other Home and Community-Based Waiver programs.
EFFECTIVE DATE: July 1, 2014 (retroactive)
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: (800) 606-0215. E-mail: Lea.Kendall@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, Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 609, Food Supplement - Employment and Training (FSET) Program Rules, Rule #3A (formerly OFI ASPIRE/JET)
ADOPTED RULE NUMBER: 2015-042
CONCISE SUMMARY: This rule updates the Food Supplement Employment and Training (FSET) program for Federal Fiscal Year (FFY) 2015, approved by the United States Department of Agriculture, Food and Nutrition Services.
DHHS Office for Family Independence (OFI) will partner with the Maine Department of Labor to expand FSET services for Able Bodied Adults Without Dependents (ABAWDs). FSET services will be available in Augusta, Bangor, Lewiston and Portland CareerCenters. FSET will provide employment assistance, training on job search skills, support job search activities, and provide work related case management services. Able Bodied Adults Without Dependents who are subject to Food Supplement work requirements will be able to apply up to 9.75 hours per week of FSET job search activities toward their weekly 20 hour work requirement, and will receive up to $50 per month assistance with transportation costs to attend FSET approved activities. The FSET Competitive Skills Scholarship Program (FSET-CSSP) will be established, which will support up to 75 participants in certificate and degree programs for approved high wage and in-demand jobs.
In the final rule, in response to concerns raised by commenters, the Department withdrew its proposal to make participation mandatory, and will maintain FSET participation as voluntary. The Department also made several other changes to clarify language throughout the rule, consistent with what was proposed.
Finally, this rule amendment will change the title of 10-144 CMR Ch. 609 from “ASPIRE/JET” to “Food Supplement Employment and Training (FSET) Program Rules.”
EFFECTIVE DATE: April 1, 2015
AGENCY CONTACT PERSON: Patricia Dushuttle, Special Projects Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-6907. TTY: 711 (Maine Relay). E-mail: Patricia.Dushuttle@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBERS AND TITLES:
Ch. 401, Certification Program for Installers of Solar Energy Equipment in Maine;
Ch. 405, Certification of Energy Auditors in Maine;
Ch. 407, Energy Efficiency Building Performance Standards Act;
Ch. 409, Pilot Energy Conservation Revolving Loan Fund Program
ADOPTED RULE NUMBERS: 2015-043 thru 046 (Repeals)
CONCISE SUMMARY: The Public Utilities Commission repeals a number of outdated rules related to a prior role the Commission had regarding Maine’s energy conservation programs.
EFFECTIVE DATE: March 23, 2015
AGENCY CONTACT PERSON / PUC RULE-MAKING LIAISON: 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/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 45, Shrimp: 45.05, Shrimp Season Closure Clarification
ADOPTED RULE NUMBER: 2015-047 (Emergency)
CONCISE SUMMARY: In November 2014, the Atlantic States Marine Fisheries Commission’s (ASMFC) Northern Shrimp Section approved a moratorium for the 2015 fishery. This action was taken in response to the findings of the 2014 Stock Status Report, indicating current fishable biomass is the lowest on record. A suite of indicators were used in the 2014 Stock Status Report. These include abundance and biomass indices from fishery independent surveys for 2012-2014, which were at all-time lows, and recruitment indices for the 2010-2012 year classes, which were well below average. The Northern Shrimp Technical Committee considers the stock to have collapsed with little prospect of recovery in the immediate future. For these reasons, the Department did not adopt a season for the 2015 fishery and the last season in regulation was for 2013. This emergency rule-making is adopted for the purpose of clarifying that there is no opportunity for harvest in 2015, whether for commercial or personal use purposes.
EFFECTIVE DATE: March 20, 2015
AGENCY CONTACT PERSONS: Deirdre Gilbert
AGENCY NAME: Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6550. Fax: (207) 624-6024. TTY: (711) Maine Relay. DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ . DMR Rule-making E-mail: dmr.rulemaking@maine.gov
WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 208, Revaluation Guidelines
ADOPTED RULE NUMBER: 2015-048
CONCISE SUMMARY: Maine Revenue Services has adopted amended Rule 208 (Revaluation Guidelines). The amended rule explains in further detail the process of revaluation of property and offers guidance for professionals providing revaluation services. The amendment updates obsolete references and makes other housekeeping changes. Aside from technical changes, the only noteworthy change is to eliminate the requirement for a municipality to gain approval from the State Tax Assessor prior to using a new pricing schedule. The rule change replaces that requirement with the requirement for municipalities to provide a copy of new pricing schedules to the State Tax Assessor only on request.
EFFECTIVE DATE: March 24, 2015
AGENCY CONTACT PERSON: David Ledew, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5601. E-mail: David.P.Ledew@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 02-380 Department of Professional and Financial Regulation (PFR), Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 4, Disciplinary Action and Violations of Law
ADOPTED RULE NUMBER: 2015-049
CONCISE SUMMARY: The proposed rule change is simply to mirror language in statute that Legislature revised last year to update terminology regarding substance misuse.
EFFECTIVE DATE: March 25, 2015
AGENCY CONTACT PERSON: Myra A. Broadway, JD, RN, MS - Executive Director, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1133. E-mail: Myra.A.Broadway@Maine.gov .
WEBSITE: http://www.maine.gov/boardofnursing/ .
BOARD RULE-MAKING LIAISON: Tracy.Pushard@Maine.gov .