April 8, 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: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services ? MRS)
CHAPTER NUMBER AND TITLE: Ch. 812, Credit for Educational Opportunity
PROPOSED RULE NUMBER: 2015-P057
BRIEF SUMMARY: MRS is proposing to amend Ch. 812 ("Credit for Educational Opportunity"). The rule provides guidance for taxpayers who are qualified individuals for purposes of claiming the credit for educational opportunity. Particularly, the rule provides clarification on what type of degree qualifies as an associate's degree or bachelor's degree in science, technology, engineering or mathematics. In addition, the rule provides for the application of a proration factor when a bachelor's degree and a master's degree are earned and awarded simultaneously in order to properly determine the allowable credit with respect to the bachelor's degree. A copy of the proposed rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
PUBLIC HEARING: None
COMMENT DEADLINE: May 8, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS ?? 112, 5217-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 20-A MRS c. 428-C; 36 MRS ?5217-D
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 420, Safety Standards for Natural Gas and Liquefied Natural Gas Facility Operators
PROPOSED RULE NUMBER: 2015-P058
BRIEF SUMMARY: The purpose of this proceeding is to amend Ch. 420 of the Public Utilities Commission?s rules which establishes safety standards for natural gas and liquefied natural gas facility operators. Under the proposed amendments, the Commission will establish an accommodation program for the placement and excavation of underground utility facilities, as well as typographical and other corrections and clarifications to existing portions of the rule.
PUBLIC HEARING: April 29, 2015, 9:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: May 20, 2015. Written comments on the proposal to amend this rule may be filed using the Public Utilities Commission?s case management system no later than 4:00 p.m., May 20, 2015. Persons without electronic access may mail comments to Administrative Director, MPUC, 18 SHS, Augusta, Maine 04333. Please reference Docket No. 2015-00061. All comments will appear in the Commission?s case management system which is accessible from the Commission?s website. Please refer to the docket number of this proceeding, Docket No. 2015-00062 when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jordan McColman, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1365. E-mail: Jordan.McColman@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS ?§ 111, 4508, 4515, 4516-A, 4705-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section?113, Non-Emergency Transportation (NET) Services
ADOPTED RULE NUMBER: 2015-055
CONCISE SUMMARY: This rule is being adopted in order to bring the policy into conformity with Department-negotiated contracts with transportation Brokers. In August of 2013, MaineCare began delivering non-emergency transportation (NET) services using regional, risk-based, pre-paid ambulatory health plan brokerages, in alignment with Maine?s eight (8) transit regions, pursuant to a ?1915(b) waiver that was approved by the Centers for Medicare and Medicaid Services (CMS). NET Brokers were selected through a competitive procurement process, following the Department?s Request for Proposals (RFP). During the first year of implementation, there were significant problems in several NET regions. As a result, the Department re-issued the RFP for NET services in six of the eight regions. In two regions, the original NET Brokers? contracts were renewed. For the other six regions, the Department selected new NET Brokers, based on the bids they submitted in response to the RFP.
On July 7, 2014, CMS approved the Department?s request to renew its NET waiver for a two year period, beginning July 1, 2014 and ending on June 30, 2016. The Department negotiated new contracts with its NET Brokers, effective August 1, 2014, and these contracts include several important changes. Therefore, MaineCare?s NET policy has been changed to conform to the NET waiver and the contracts.
These changes include: the allowance of pharmacy trips, including those required on an urgent basis; revisions to the map of NET regions that more clearly delineate all eight regions and reflect a slight change in the geographic distribution of one region; addition of the requirement that parents or guardians of minors under the age of 12 years old authorize the specific type of transportation when minors travel unaccompanied; addition of language requiring prior authorization for out-of-state NET trips; addition of the requirement that the NET Broker contacts a member?s assigned care coordinator to verify services for members receiving Home and Community Based Services under Sections 18 and 20 of the MaineCare Benefits Manual, as well as several other changes designed to help clarify existing requirements of the NET program.
Additionally, the Department made a number of changes to the rule as a result of comments made during the rule-making and subsequent Departmental findings. These changes include: the addition of and clarification to certain definitions; clarification of provisions regarding related travel expenses; amendment to the NET advisory committee meeting requirement to every six months; addition of ?Autism Spectrum Disorder? to the rule permitting the accompaniment of an Escort without the need for a Departmental determination; further explanation of the reimbursement rules; clarification on the limited circumstances for out-of-region Broker cooperation; as well as several other non-substantive technical, grammatical, and formatting changes. All changes subsequent rule are detailed in the Department?s Summary of Public Comments.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: April 5, 2015
AGENCY CONTACT PERSON: Samuel Senft, Comprehensive Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011.Telephone: (207) 624-4053. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Samuel.Senft@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services ? MRS)
CHAPTER NUMBER AND TITLE: Ch. 801, Apportionment
ADOPTED RULE NUMBER: 2015-056
CONCISE SUMMARY: MRS has amended Rule 801 ("Apportionment"). The rule explains apportionment for corporations, pass-through entities, sole proprietorships and other business types. The rule applies to entities that have income from business activity both within and without Maine. The rule also applies for purposes of determining the apportionable income base when calculating the credit for taxes paid to other jurisdictions on certain income.
For ease of reference, MRS restructured section .06 (?Sales factor?) to add a new section?A., ?Formula?. The opening paragraphs are reorganized into outline form to clearly separate three distinct exceptions. Due to a statutory change, language was added to exclude from the numerator of the sales factor sales of a person whose only business activity in Maine is the performance of services directly related to a declared state disaster or emergency. MRS also adopted changes which clarify that gross receipts is an amount net of returns and allowances, consistent with longstanding practice. Additional miscellaneous technical changes were also made. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
EFFECTIVE DATE: April 5, 2015
AGENCY CONTACT PERSON: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services ? MRS)
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
ADOPTED RULE NUMBER: 2015-057
CONCISE SUMMARY: MRS has amended Rule 803 ("Withholding Tax Reports and Payments"). The rule identifies income subject to Maine withholding and prescribes the methods for determining the amount of Maine income tax to be withheld. It also explains the related reporting requirements. In addition to miscellaneous technical changes, MRS has added definitions for "Payer", "Payee" and "Person" in order to consolidate references to employers and other persons required to register to report and remit Maine income tax withholding and to consolidate references to payees from whose income withholding is required. Another change was made to reflect separate filing, payment and processing of Maine income tax withholding and unemployment contributions for tax periods beginning after 2014 and billing notices issued after June 18, 2014. Lastly, the rule was amended due to a recent law change that allows the State Tax Assessor to establish the due date for providing Maine withholding information statements to payees; generally, under the provisions of the proposed rule, each statement is due the same date that the related federal statement is due. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
EFFECTIVE DATE: April 5, 2015
AGENCY CONTACT PERSON: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services ? MRS)
CHAPTER NUMBER AND TITLE: Ch. 805, Composite Filing
ADOPTED RULE NUMBER: 2015-058
CONCISE SUMMARY: MRS has amended Rule 805 ("Composite Filing"). The rule provides information regarding the filing of composite returns of income by partnerships, estates, trusts, and S corporations on behalf of nonresident partners, beneficiaries, or shareholders. MRS has updated a reference to the statute as a result of a recent law change and made miscellaneous technical changes. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
EFFECTIVE DATE: April 5, 2015
AGENCY CONTACT PERSON: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 400, Maine Solid Waste Management Rules: General Provisions
ADOPTED RULE NUMBER: 2015-059
CONCISE SUMMARY: The purposes of the proposed amendment to Ch. 400 are to reflect legislative changes regarding public benefit determinations, incorporate the waste management hierarchy into the general licensing criteria, streamline the process for beneficial use of ?fully-hardened asphalt? and ?wood pallets that are not pressure treated or visibly contaminated, and from which fasteners have been removed?, consolidate reporting dates of solid waste facilities, and minor format and organizational changes for consistency throughout the Solid Waste Rules.
EFFECTIVE DATE: April 6, 2015
AGENCY CONTACT PERSON: Tom Graham, DEP, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7598. Fax: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
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. 418, Maine Solid Waste Management Rules: Beneficial Use of Solid Wastes
ADOPTED RULE NUMBER: 2015-060
CONCISE SUMMARY: The Department is proposing to use ?Maine Remedial Action Guidelines for Sites Contaminated with Hazardous Substances? to determine allowable levels of various components in waste that is proposed for beneficial use. The amendment also contains minor formatting revisions and clarifications.
EFFECTIVE DATE: April 6, 2015
AGENCY CONTACT PERSON: Tom Graham, DEP, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7598. Fax: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .