May 20, 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: 01-001 - Maine Department of Agriculture, Conservation and Forestry
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 2015-P069
CONCISE SUMMARY: The principal reason for this rule-making is to amend the cost of administering the Maine Milk Pool. Costs incurred for the Maine Milk Pool for personnel services and for operation was approximately $60,000 in 2015. Based on the last twelve months expenses, it is estimated that the Pool costs for similar expenses for 2015 will be about $60,000.
The total pounds in the Pool for the last twelve months (December 2013 - November 2014) were approximately 598,509,014. It is estimated that the total pounds in the Pool for 2014 will be approximately 600,000,000.
Based on the above projected costs and pounds the Pool Administrator proposes to set the rate per hundredweight of milk for the cost of administering the Pool for calendar year 2015 at $0.01/cwt. This is the same rate as 2014.
PUBLIC HEARING: June 11, 2015, Thursday, starting at 9:00 a.m., Room 233, Department of Agriculture Conservation and Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: June 22, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MILK RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA  §3154(2)
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting
PROPOSED RULE NUMBER: 2015-P070
BRIEF SUMMARY: In accordance with Title 12 MRSA  §11152 sub- § 3, the Commissioner of Inland Fisheries and Wildlife proposes to adopt antlerless deer permit numbers for the 2015 regular deer hunting season and special muzzle-loading season by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:
WMD 1 – 0 permits
WMD 2 – 0 permits
WMD 3 – 50 permits
WMD 4 – 0 permits
WMD 5 – 0 permits
WMD 6 – 100 permits
WMD 7 – 0 permits
WMD 8 – 0 permits
WMD 9 – 0 permits
WMD 10 – 0 permits
WMD 11 – 0 permits
WMD 12 – 0 permits
WMD 13 – 0 permits
WMD 14 – 70 permits
WMD 15 – 1,980 permits
WMD 16 – 1,600 permits
WMD 17 – 2,275 permits
WMD 18 – 140 permits
WMD 19 – 0 permits
WMD 20 – 5,300 permits
WMD 21 – 6,350 permits
WMD 22 – 1,925 permits
WMD 23 – 2,210 permits
WMD 24 – 4,250 permits
WMD 25 – 1,770 permits
WMD 26 – 150 permits
WMD 27 – 0 permits
WMD 28 – 0 permits
WMD 29 – 600 permits
TOTAL – 28,770
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: June 19, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA  §11152
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 141, Conformity of General Federal Action
PROPOSED RULE NUMBER: 2015-P071 (Repeal)
BRIEF SUMMARY: A General Conformity SIP is no longer federally required and Ch. 141 incorporates sections of the Federal Register which have subsequently been repealed as duplicative of 40 CFR 91; the Department proposes that Ch. 141 be repealed and all future General Conformity determination made in accordance with 40 CFR 91. These amendments will be submitted to EPA as a revision to Maine’s State Implementation Plan.
DETAILED SUMMARY: Ch. 141 currently incorporates section of 40 CFR 51 as published November 30, 1993, which satisfied the 1993 federal requirement that states incorporate Federal Conformity into their SIP. Subsequently, in 2005, the United States Congress passed the Safe, Accountable, Flexible, Efficient Transport Equity Act: A Legacy for Users, eliminating the mandate for states to adopt and submit General Conformity SIPs. As a result EPA amended its regulations to make the adoption and submittal of General Conformity SIPs optional. These amendments also repealed the majority of the relevant sections 40 CFR 51 as they were duplicative of 40 CFR 93. As a General Conformity SIP is no longer mandatory and Ch. 141 incorporates sections of the Federal Register which have subsequently been repealed, the Department proposes that Ch. 141 be repealed and the SIP amended to reflect this change; all future General Conformity determination would be made accordance with 40 CFR 91.
PUBLIC HEARING: No public hearing scheduled – 30 day written comment period. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., June 19, 2015. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Tom Graham, DEP, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov . Website: www.maine.gov/dep/rules .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THE RULE: 38 MRSA  § § 585, 585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Federal Clean Air Act as amended by The Safe, Accountable, Flexible, Efficient Transport Equity Act: A Legacy for Users.
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .

ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting
ADOPTED RULE NUMBER: 2015-088
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended a rule to establish the number of moose hunting permits to be issued for the 2015 season. Permits will be issued for bulls, antlerless and any-moose. Permits are allocated according to Wildlife Management District as follows:
WMD 1 – 275 bulls / 100 antlerless
WMD 2 – 200 bulls /100 antlerless
WMD 3 – 180 bulls / 100 antlerless
WMD 4 – 400 bulls / 200 antlerless
WMD 5 – 125 bulls
WMD 6 – 125 bulls
WMD 7 – 125 bulls
WMD 8 – 175 bulls
WMD 9 – 75 bulls
WMD 10 – 60 bulls
WMD 11 – 50 bulls
WMD 12 – 35 bulls
WMD 13 – 35 bulls
WMD 14 – 35 bulls
WMD 15 – 25 any-moose
WMD 16 – 20 any-moose
WMD 17 – 20 bulls
WMD 18 – 40 bulls
WMD 19 – 100 bulls/50 antlerless
WMD 22 – 0 permits
WMD 23 – 25 any-moose
WMD 25 – 25 any-moose
WMD 26 – 10 any-moose
WMD 27 – 10 bulls
WMD 28 – 20 bulls
TOTAL: 2085 bulls /550 antlerless / 105 any-moose
EFFECTIVE DATE: May 13, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program
ADOPTED RULE NUMBER: 2015-089
CONCISE SUMMARY: The Home Energy Assistance Program rule sets forth: (i) the basic eligibility criteria for weatherization, energy conservation and fuel assistance; (ii) the standards for selecting subgrantees to administer programs; (iii) the procedures for administering and distributing the funds on behalf of eligible households; and (iv) the requirements for vendor participation.
EFFECTIVE DATE: May 16, 2015
AGENCY CONTACT PERSON / MSHA RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. TTY: (800) 452-4603. E-mail: luhl@mainehousing.org .
MSHA WEBSITE: http://www.mainehousing.org/ .


AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry, Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 17, Rule Violations; Penalties
ADOPTED RULE NUMBER: 2015-090
CONCISE SUMMARY: The adopted changes to Ch. 17 will change the penalties imposed for violating the Commission Rules. Further, the adopted change will replace level of penalties to categories. These adopted changes will mirror what the Association of Racing Commission International (ARC I) recommends to all jurisdictions. There also are minor corrections to spelling and grammar throughout the Chapter.
References: The Commission reviewed the current Model Rules recommended by the Association of Racing Commissioners International; the Drug Classifications and suggested penalties of the Racing Medication and Testing Consortium; and, other regional racing jurisdictions while developing the proposed changes to the existing rules.
EFFECTIVE DATE: May 18, 2015
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3221. E-mail: Henry.Jackson@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .


AGENCY: 02-031 – Department of Professional and Financial Regulation (DAFS), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 917, Annuity Suitability
ADOPTED RULE NUMBER: 2015-091
CONCISE SUMMARY: The amendments revise suitability standards and producer training requirements with respect to annuity recommendations made by insurance producers of companies. The amendments reflect 2010 changes to the National Association of Insurance Commissioners' (NAIC) Suitability in Annuity Transactions Model Regulation.
EFFECTIVE DATE: May 18. 2015 (Deferred effective date: November 1, 2015.)
AGENCY CONTACT PERSON / AGENCY RULE-MAKING LIAISON: Thomas Record, Esq., Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8424. E-mail: Thomas.M.Record@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .


AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 125, Basic Approval Standards: Public Schools and School Administrative Units
ADOPTED RULE NUMBER: 2015-092
CONCISE SUMMARY: Expedited amendment to Ch. 125 to address statutory revision regarding acceptable methods of rescheduling school days canceled due to weather or emergency closures.
EFFECTIVE DATE: May 14, 2015
AGENCY CONTACT PERSON: Joanne C. Holmes, DOE, 23 State House Station, Augusta, Me 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Main.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Deborah.Friedman@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 127, New Motor Vehicle Emission Standards
ADOPTED RULE NUMBER: 2015-093
CONCISE SUMMARY: The purpose for this rule amendment is to delay implementation of California's aftermarket catalytic converter requirements for three years to June 1, 2018. In addition, clarification for exempt vehicles is adopted in Section 4(F)(5).
EFFECTIVE DATE: May 19, 2015
AGENCY CONTACT PERSON: Tom Graham, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)- Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 21, Allowances for Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder
ADOPTED RULE NUMBER: 2015-094 (Final adoption, major substantive)
CONCISE SUMMARY: This is a final adoption of a major substantive rule. The following outlines the procedural history of this rule adoption as well as the specific changes to the rule.
By way of background, Section 21 services are governed by the Centers for Medicare and Medicaid Services (CMS). On April 18, 2014, CMS approved changes to the Section 21 waiver, effective July 1, 2014, adding new services and clarifying other services, as requested by the Department. In order to add these new services, the Department promulgated a routine technical rule-making for Ch. II Section 21. The Commissioner adopted the Ch. II Section 21 rule-making on or about August 22, 2014, with an effective date of the changes to services of September 1, 2014.
However, Ch. III Section 21, which governs the reimbursement of services under Ch. II, is a major substantive rule. As such, Ch. III Section 21 needs approval by the Legislature before becoming effective. Pursuant to 5 MRSA  §8072, the Department engaged in the rule-making process set forth under 5 MRSA  §8052 up until the point of adoption. This included conducting a public hearing on April 14, 2014, and accepting public comments until April 24, 2014. Thereafter, the Commissioner provisionally adopted the Ch. III Section 21 rule on August 22, 2014. The Department submitted the provisionally adopted rule to the Legislature for its review on or about August 29, 2014.
Meanwhile, because federal law requires that provider claims for Medicaid services be submitted within one year of providing the Medicaid service (42 CFR 447.45), and because Medicaid reimbursement must be made timely, the Department determined to concurrently adopt an emergency major substantive rule for Ch. III Section 21. The emergency major substantive rule became effective on September 1, 2014. Thus, the Department has been able to reimburse for new services under Ch. II Section 21 pending the Legislature’s review of the provisionally adopted major substantive rule.
On March 17, 2015, the Legislature authorized the final adoption of the major substantive rule in Resolve, Regarding Legislative Review of Portions of Chapter 101, MaineCare Benefits Manual, Chapter III, Section 21: Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder, a Major Substantive Rule of the Department of Health and Human Services (Resolves 2015, Ch. 1).
Given the Legislature’s authorization for final adoption, as well as the limit on the application of an emergency rule, the Department now finally adopts the Ch. III Section 21 major substantive rule the Commissioner had provisionally adopted on August 22, 2014.
This final adopted rule mirrors those changes currently in place since September 1, 2014, under the emergency major substantive rule. These changes correspond to the CMS-approved Section 21 waiver and include:
MaineCare reimbursement for the following services:
Home Support – Remote Support services which includes: (a) Home support- Remote Support – Monitor Only; and (b) Home support – Remote Support – Interactive Support, Assistive Technology services, which includes: (a) Assistive Technology – Assessment services; (b) Assistive Technology – Transmission (Utility Services); and (c) Assistive Technology – Devices services. Adding these services complies with P.L. 2013, Ch. 368, PART SS, which authorized MaineCare β€œreimbursement for the use of appropriate electronic technology as a means of reducing the costs of supporting people currently being served…”
To comply with the waiver amendment, the Department added a new modifier (β€œU5”) to the code for Home Support – Family Centered Support – which indicates that the services are Family Centered Support services.
The Department also added: Career Planning services.
This adopted major substantive rule also separates Home Support Services into four different services: 1) Home Support-Agency Home Support (Per Diem), 2) Home Support-Quarter Hour (1/4 hour), 3) Home Support-Family Centered Support and 4) Home Support-Shared Living.
The Department deleted some of the language in the second paragraph of Principle 1900 (Billing Procedure), that relates to rates for Work Support Services – Group, and replaced the language with the actual rates per unit, depending on the number of members in a group.
This adopted major substantive rule also added: Occupational Therapy (Maintenance) – which can be provided by a Certified Occupational Therapy Assistant (COTA) under the supervision of an Occupational Therapist Registered (OTR).
This final adoption of a major substantive rule shall take effect upon the Commissioner’s final adoption and filing with the Secretary of State, at which time the emergency major substantive rule in effect since September 1, 2014 will expire.
This change is not expected to have an adverse effect on the administrative burdens of small businesses.
http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: June 14, 2015
AGENCY CONTACT PERSON: Andrew Hardy, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Andrew.Hardy@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .