July 15, 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: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 19, Homeless Solutions Rule
PROPOSED RULE NUMBER: 2015-P126
BRIEF SUMMARY: This rule repeals and replaces the current Homeless Programs Rule, Ch. 19, with a new Homeless Solutions Rule. The replacement rule is intended to transform the homeless system to effectively prevent and end homelessness by aligning resources with current state and federal initiatives. The Department of Housing and Urban Development has introduced new requirements and priorities on the use of federal resources which focus on an adequate geographic network of emergency housing and a rapid rehousing approach with support for stability and success in maintaining housing and system performance measures to ultimately end and prevent homelessness. The definitions section includes new terminology. The Emergency Shelter Housing Requirements section addresses the new requirements and best practice models. The Emergency Shelter Housing Funding Allocation section includes a new funding methodology. The Data Collection Requirements section and the Monitoring and Assessment section include an annual review for program compliance.
A copy of the proposed replacement rule may be found at www.mainehousing.org .
PUBLIC HEARING: A public hearing will be held on Tuesday, August 4, 2015 at 9:30 a.m. at Maine State Housing, 353 Water Street, Augusta, Maine 04330-4633.
Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, August 14, 2015 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MSHA 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  §4741.1,  §4741.18,  §4852 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting)
PROPOSED RULE NUMBER: 2015-P127
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider the adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES).
1) Ducks: NORTH ZONE: September 28 through December 5, 2015; SOUTH ZONE: October 1 through October 17, 2015, October 31 through December 22, 2015. COASTAL ZONE: October 1 through October 17, 2015, November 14, 2015 through January 5, 2016. Daily Limit, 6 ducks, no more than 4 of any one species; possession limit, 18, no more than 12 of any one species, with the following exceptions:
a. Closed season for harlequin ducks and Barrow’s goldeneye.
b. Daily limit, 1; possession limit, 3; for black ducks, canvasbacks, mottled ducks, and fulvous whistling ducks.
c. Daily limit, 2; possession limit, 6; for hen mallard, northern pintail, scaup and redhead ducks.
d. Daily limit, 3; possession limit, 9; for wood ducks.
2) Mergansers and American coots: SEASON DATES SAME AS DUCKS. Mergansers: Daily limit, 5 in the aggregate; possession limit, 15 with the following exception: Hooded mergansers: daily limit, 2; possession limit, 6. American coot: Daily limit, 5, possession limit, 15.
3) Canada Geese
Early Season: September 1 through September 25, 2015. NORTH ZONE: Daily limit, 6; possession limit, 18. SOUTH ZONE: Daily limit, 10; possession limit, 30. COASTAL ZONE: Daily limit, 10; possession limit, 30.
Regular Goose Season - (Daily Limit, 3, possession limit, 9). NORTH ZONE: October 1 through December 21, 2015; SOUTH ZONE: October 1 through October 17, 2015; October 31 through January 2, 2016; COASTAL ZONE: October 1 through October 17, 2015; Nov. 14, 2015 through Jan. 16, 2016
4) Snow Geese: October 1, 2015 - January 30, 2016. Daily limit, 25; no possession limit.
5) Brant: (Daily limit, 2; possession limit, 6). NORTH ZONE: October 1 through November 4, 2015. SOUTH ZONE: October 1 through October 17, 2015, October 31 through November 17, 2015; COASTAL ZONE: October 1 through October 17, 2015, November 14 through December 2, 2015
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, geese, mergansers, and American coots. NORTH ZONE: December 15, 2015 through February 4, 2016; COASTAL and SOUTH ZONE: January 8, 2016 through February 29, 2016. Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 9 birds respectively, singly or in the aggregate.
7) Sea Ducks: (scoters, eiders, and long-tailed ducks in the sea duck hunting area***): October 1, 2015 through January 30, 2016. Daily limit, 7; possession limit, 21with following exceptions: Scoter: daily limit, 4; possession limit, 12; Common Eider: daily limit, 4; possession limit, 12.
***Note: the Sea Duck Hunting Area differs from the Coastal Zone in definition: Sea Duck Hunting Area = All coastal waters and all waters of rivers and streams seaward from the first upstream bridge. Coastal Zone = Includes areas south of a line beginning at the Maine-New Brunswick border in Calais at the Route 1 bridge, south along Route 1 to the Maine-New Hampshire border in Kittery.
8) Woodcock: October 1 – November 14, 2015 - Daily limit, 3; possession limit, 9.
9) Common Snipe: September 1 – December 16, 2015 - Daily limit, 8; possession limit, 24
10) Rails (Sora and Virginia): September 1 – November 9, 2015. Daily limit, 25; possession limit, 25
11) Moorhens and Gallinules: CLOSED SEASON
12) Youth Waterfowl Hunt: North Zone: September 19, 2015, December 12, 2015. South Zone: September 26, 2015, October 24, 2015. Coastal Zone: September 26, 2015; November 7, 2015. Bag limits for waterfowl as above. Special regulations will apply to youth and accompanying adult.
PUBLIC HEARING: Wednesday, August 5, 2015 @ 6:30 p.m. - Augusta Civic Center, Lincoln/Oxford Room, 76 Community Drive, Augusta
COMMENT DEADLINE: August 5, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 41 State House Station, 284 State Street, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA  § § 10104, 11855
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .

ADOPTIONS

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 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autistic Disorder.
ADOPTED RULE NUMBER: 2015-124
CONCISE SUMMARY: This is a final adoption of a major substantive rule. Section 29 services are governed by a Centers for Medicare and Medicaid Services (CMS) Medicaid Waiver. On April 18, 2014, CMS approved changes to the Section 29 waiver, effective July 1, 2014, adding new services as requested by the Department. In order to add these additional services to the MaineCare Benefits Manual, the Department amended Section 29, Ch. II through routine rule-making with changes to these services effective September 1, 2014.
However, Ch. III Section 29 is a major substantive rule and requires the approval of the Legislature. 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 15, 2014, and accepting public comments until April 25, 2014. The Commissioner provisionally adopted the Ch. III Section 29 rule on August 22, 2014. Thereafter, the Department submitted the provisionally adopted rule to the Legislature for its review.
In order to be able to reimburse for the new services found in Ch. II Section 29, effective September 1, 2014, and in order to comply with the CMS-approved waiver, the Department adopted changes to Ch. III Section 29 through the emergency rule-making process pending the Legislature’s approval of the provisional adoption.
On April 28, 2015 the Legislature enacted “Resolve, Regarding Legislative Review of Portions of Ch. 101: MaineCare Benefits Manual, Ch. III, Section 29: "Allowances for Support Services for Adults with Intellectual Disabilities or Autistic Disorder, a Major Substantive Rule of the Department of Health and Human Services” (Resolves 2015 ch. 13). The law took effect May 10, 2015.
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 29 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 29 waiver and include:
1. Allowances for Assistive Technology services, including (a) Assistive Technology-Assessment; (b) Assistive Technology – Transmission (Utility Services); and (c) Assistive Technology – Devices. Adding these services complied with P.L. 2013, ch. 368  §SS, which authorized MaineCare “reimbursement for the use of appropriate electronic technology as a means of reducing the costs of supporting people currently being served [on the Section 29 waiver.” Assistive Technology – Devices are limited to a cap of $6,000 per year, and Assistive Technology – Transmission (Utility Services) are limited to a cap of $50.00 per month.
2. Allowances for Home Support services, including (a) Home Support – Quarter Hour; (b) Home Support – Remote Support – Monitor Only; and (c) Home Support – Remote Support – Interactive Support. Adding these services complied with Resolves 2013, Ch. 24 (“Resolve, Directing the Department of Health and Human Services To Provide Coverage under the MaineCare Program for Home Support Services for Adults with Intellectual Disabilities or Autistic Disorder”).
Additionally, the Department clarified the reimbursement and billing for Work Support – Group services so that the exact reimbursement rate, depending on the number of members in the group, is indicated.
Finally, the Department deleted Home Accessibility Adaptation services from the calculation for the Standard Unit Rate, since this service is paid per invoice, as indicated in Appendix I.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: August 8, 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) 624-4048. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Andrew.Hardy@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 17-229 - Maine Department of Transportation (MaineDOT)
CHAPTER NUMBERS AND TITLES:
Ch. 200, Regulations for the Installation of Official Business Directional Signs (repealed; absorbed into Ch. 205)
Ch. 201, Regulations for the Location of Political Posters and Signs (repealed; absorbed into Ch. 205)
Ch. 203, Regulations for Categorical Signs Permitted Outside the Right-of-Way (repealed; absorbed into Ch. 205)
Ch. 205, Rules for Administering the Maine Traveler Information Services Act (new)
ADOPTED RULE NUMBER: 2015-125 thru 128
CONCISE SUMMARY: MaineDOT repealed existing rule chapters 200, 201 and 203 and replaced them with a new Ch. 205, Rules for Administering the Maine Traveler Information Services Act. These changes were made to provide more flexibility on installing signs statewide and clarify what have been problem areas in administering past rules. The new Rules will allow continuity signage for Maine Logo signs, allow farmer's market signs in the State's highway rights of way and provide a licensing option for signs within the right of way. Specific enhancements include:
• Added definitions to codify existing business practices. The definitions are meant to provide guidance to alleviate on-going issues under the current rules.
• Maine Logo signs are directional in nature. The new rule requires that continuity signs (in the form of OBDS) are needed if the entity with the logo sign is not located immediately on the roadway that the interstate ramps connect with.
• The continuity OBDS signs do not need municipal approval. The continuity signs do not count towards the six maximum OBDS allowed.
• Adds a reconsideration and appeals section to streamline aggrieved parties.
• Development of charts indicating Categorical sign sizes and accepted locations.
• Allows farmers market signs in the states Right of Way.
• All new OBDS on National Highway System (NHS) roadways shall only be reflective type signs.
• No Categorical signs allowed on islands 6 feet or less in width (including hand held signs), nor in the center island of any rotary or roundabout. This is being done for safety of those holding signs, installing signs and view of vehicular traffic.
• Categorical signs cannot be placed in an area that interferes with or obstructs a driver's view.
• Reinforces that entities installing categorical signs need to comply with "Dig Safe" standards.
• Allows for licensing provisions for on-premises signs to be located in the State's Right-of-Way for reasons of hardship, provided safety clear zone standards are met.
• More than one Changeable sign may be allowed on a property if that property abuts more than one roadway.
EFFECTIVE DATE: July 15, 2015
AGENCY CONTACT PERSON / MaineDOT RULE-MAKING LIAISON: William Akins, Legal Administrator, Maine Department of Transportation, 16 State House Station, Augusta, Maine 04333-0016. Telephone: (207) 624-3020. E-mail: William.Akins@Maine.gov .
WEBSITE: http://www.maine.gov/mdot/ .


AGENCY: 01-672 – Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Natural Resource Protection Act and Recreational Gold Prospecting)
ADOPTED RULE NUMBER: 2015-129
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted amendments to the agency's Ch. 10, Land Use Districts and Standards. The primary objective of this rule-making was to review and update the agency's standards regarding certain protected natural resources to be consistent with the goals of the Natural Resources Protection Act (NRPA). The NRPA consistency rule-making focuses on the permit requirements for activities in and around wetlands and water bodies. In addition, changes were made to Ch. 10 to conform with recent legislative changes relating to improved consistency in the regulation of motorized recreational gold prospecting.
EFFECTIVE DATE: July 24, 2015
AGENCY CONTACT PERSON: Stacie R. Beyer, Maine Land Use Planning Commission, 106 Hogan Road, Suite 8, Bangor, Maine 04401. Telephone: (207) 941-4593. E-mail: Stacie.R.Beyer@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Eagar@Maine.gov .


AGENCY: 01-672 – Department of Agriculture, Conservation and 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)
ADOPTED RULE NUMBER: 2015-130
CONCISE SUMMARY; The Maine Land Use Planning Commission has adopted amendments to Ch. 10, Land Use Districts and Standards, that provide an exception to dimensional lot standards for certain public recreational facilities. The exceptions would apply to boat launches and trail heads 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.
EFFECTIVE DATE: July 24, 2015
AGENCY CONTACT PERSON: 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: http://www.maine.gov/dacf/lupc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Eagar@Maine.gov .


AGENCY: 01-672 – Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Treatment of Non-Conforming Lots)
ADOPTED RULE NUMBER: 2015-131
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted amendments to Ch. 10, Land Use Districts and Standards, regarding the treatment of non-conforming lots. Specifically, the revisions eliminate the term waiver in Section 10.11, E,3 and 4. In addition, the proposed rule amends Section 10.11,E,3 to allow permanent structures for the storage of personal property on certain lots.
EFFECTIVE DATE: July 24, 2015
AGENCY CONTACT PERSON: Eric Larsson, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4936. E-mail: Eric.Larsson@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Eagar@Maine.gov .