July 22, 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: 02-313 - Maine Board of Dental Examiners (Affiliated with the Department of Professional and Financial Regulation - PFR)
CHAPTER NUMBER AND TITLE: Ch. 16, Rules for Independent Practice Dental Hygienists to Process Dental Radiographs
PROPOSED RULE NUMBER: 2015-P128
BRIEF SUMMARY: This chapter implements Public Law 2015 ch. 2 of the 127th Legislature (First Regular Session), which requires the Board to adopt rules setting the practice standards for Independent Practice Dental Hygienists to expose and process dental radiographs as part of their established scope of practice. The existing rule allowed Independent Practice Dental Hygienists to process radiographs, but only under a pilot program, which expired on March 13, 2015. This proposed amendment removes the pilot program language, the reporting and inspection requirements, the exposure and findings form, as well as the geographic restrictions. It retains the protocols established in the prior adoption of the rule with regard to written agreements and referral protocols.
PUBLIC HEARING: August 14, 2015 at 1:00 p.m., Maine Board of Dental Examiners, Conference Room, 161 Capitol Street, Augusta, ME
COMMENT DEADLINE: August 24, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Penny Vaillancourt, Executive Director, Board of Dental Examiners, 143 State House Station, Augusta, ME 04333. Telephone: (207) 287-3333. Fax: (207) 287-8140. TTY or TDD: Maine Relay 711. E-mail: Penny.Vaillancourt@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: no impact.
STATUTORY AUTHORITY FOR THIS RULE: Public Law 2015 ch. 2 of the 127th Maine Legislature (First Regular Session (LD 918)) and 32 MRSA  §1073(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.mainedental.org/ .


AGENCY: 02-658 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Maine Fuel Board
CHAPTER NUMBER AND TITLE: Ch. 13, Installation of Propane and Natural Gas Burning Equipment
PROPOSED RULE NUMBER: 2015-P129
BRIEF SUMMARY: In this rule-making, the Maine Fuel Board ("board") proposes language for Ch. 13, Section 13.7, which sets forth the requirements for installing a conversion burner to convert an appliance to propane and natural gas from another fuel source. In a previous rule-making that concluded in 2014, the board adopted Ch. 1 through 13, which repealed and replaced the rules of the former Oil and Solid Fuel Board and Propane and Natural Gas Board. However, the board subsequently reserved rule-making on Ch. 13, Section 13.7 due to concerns raised by the regulated community about the proposed language. The board formed the Section 13.7 Subcommittee ("subcommittee"), made up of board members and staff, fuel industry representatives, and other interested parties. The subcommittee met three times from November 2014 to January 2015. On January 12, 2015, the subcommittee voted to approve proposed language for Section 13.7. On February 12, 2015, the board voted unanimously to approve the subcommittee's proposed language and to proceed to rule-making. A more detailed description and the text of the proposed rule may be obtained at www.maine.gov/professionallicensing .
PUBLIC HEARING: August 13, 2015 at 10:30 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: August 24, 2015 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Catherine M. Carroll, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. E-mail: Catherine.M.Carroll@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  §18123(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/fuel/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .


AGENCY: 29-250 – Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 170, Permitting Commercial Vehicles at Canadian Weight Limits to Travel from Designated Points at the Canadian Border to Baileyville, Madawaska, and Van Buren
PROPOSED RULE NUMBER: 2015-P130
BRIEF SUMMARY: The primary purpose of this rule amendment is to implement PL 2015 ch. 119 by adding an additional 7-axle combination vehicle to the allowable truck configurations eligible for the Canadian Weight Limit permit. The additional permit would be available for the Calais to Baileyville route only. The amendment also establishes the fee for this new permit. Ch. 119 was enacted as an emergency, and became effective May 29, 2015.
DETAILED BASIS STATEMENT / SUMMARY: This rule implements the Canadian Weight Limits (CWL) program authorized by Title 29-A MRSA  §2354-C which provides for the operation of three vehicle configurations at certain Canadian weight limits between the Canadian border at Calais to a mill in Baileyville; from the Canadian border at Madawaska to a paper mill in Madawaska; and from the Canadian border at Van Buren to a rail yard in Van Buren.
The primary purpose of this rule amendment is to add an additional 7-axle combination vehicle to the allowable truck configurations eligible for the Canadian Weight Limit permit. The additional permit would be available for the Calais to Baileyville route only. The amendment also establishes the fee for this new permit.
PUBLIC HEARING: none
COMMENT DEADLINE: August 21, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Garry Hinkley, Director - Vehicle Services, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA  §2354-C; PL 2015 ch. 119 (emergency)
SUBSTANTNE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O'Connell@Maine.gov .


AGENCY: 94-649 - Maine Commission on Indigent Legal Services (MCILS)
CHAPTER NUMBER AND TITLE: Ch. 301, Fee Schedule and Administrative Procedures for Payment of Commission Assigned Counsel
PROPOSED RULE NUMBER: 2013-P131
BRIEF SUMMARY: This rule amends the MCILS fee schedule and administrative procedures for payment of Commission assigned counsel to set the hourly rate paid to attorneys providing indigent legal services at $60.00/hr.
DETAILED BASIS STATEMENT / SUMMARY: Prior to July 1,2015, the MCILS fee schedule sets the hourly rate paid to attorneys providing indigent legal services at $55.00/hr. In Sec. A-41 of the biennial budget passed by the Legislature for fiscal years 2015-2016 and 2016-2017, the Legislature appropriated sufficient funds to pay lawyers $60.00/hr. for the 2015-2016 fiscal year and for the 2016-2017 fiscal year. The Legislature also directed the Commission, in Sec. Y-I of that budget, to amend its rules to set the hourly rate in accordance with the hourly rate set forth in the budget. On July 1, 2015, the Commission promulgated an emergency rule to set the rate at $60/hr. This amendment will make that change permanent.
PUBLIC HEARING: August 11, 2015 - 10:30 a.m., Judiciary Committee Room, Room 438, Statehouse, Augusta, ME 04333
COMMENT DEADLINE: August 21, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MCILS RULE-MAKING LIAISON: John D. Pelletier, MCILS Rule-making Liaison, 154 State House Station, Augusta, ME 04333-0154. Telephone: (207) 287-3254. E-mail: John.Pelletier@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 4 MRSA  § § 1804(2)(F), (3)(B), (3)(F) and (4)(D), PL 2015 ch. 267, Sec. A-41, Sec. Y-I.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mcils/ .


AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 730, Standards of Acceptance of Reinsurance of Workers' Compensation Self-Insurance (Amendments)
PROPOSED RULE NUMBER: 2015-P132
BRIEF SUMMARY: The proposed amendments update the current rule to conform to standards generally applicable to insurers and reinsurers.
PUBLIC HEARING: August 11, 2015 at 9:00 a.m., Kennebec Room, Department of Professional & Financial Regulation Building, 76 Northern Avenue, Gardiner, ME
COMMENT DEADLINE: August 24, 2015 at 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Karma Lombard, Bureau of Insurance, 34 State House Station, Augusta, ME 04330. Telephone: (207) 624-8540. E-mail: Karma.Y.Lombard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRSA  § § 2I2, 222, 410, 412, 413, 421, 422, 73I-B; 39 MRSA  §403.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 740, Credit for Reinsurance (Amendments)
PROPOSED RULE NUMBER: 2015-P133
BRIEF SUMMARY: The proposed amendments update the current rule to reflect the current version of the NAIC Model Credit for Reinsurance Act as well as to reflect other statutory changes since the rule's adoption in 1993.
PUBLIC HEARING: August 11,2015 at 10:00 a.m., Kennebec Room, Department of Professional & Financial Regulation Building, 76 Northern Avenue, Gardiner, ME
COMMENT DEADLINE: August 24, 2015 at 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Karma Lombard, Bureau of Insurance, 34 State House Station, Augusta, ME 04330. Telephone: (207) 624-8540. E-mail: Karma.Y.Lombard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRSA  § § 212, 731-B.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 920, Reporting of Fraudulent Insurance Acts (Amendments)
PROPOSED RULE NUMBER: 2013-P134
BRIEF SUMMARY: This proposal updates the existing rule to address ambiguities and to allow the Superintendent to update the reporting form.
PUBLIC HEARING: August 11, 2015, 11 :00 a.m., Kennebec Room, Department of Professional & Financial Regulation Building, 76 Northern A venue, Gardiner, Maine
COMMENT DEADLINE: August 24, 2015 at 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Karma Lombard, Bureau of Insurance, 34 State House Station, Augusta, ME 04330. Telephone: (207) 624-8540. E-mail: Karma.Y.Lombard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRSA  § § 212, 2186
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 500, Stormwater Management
ADOPTED RULE NUMBER: 2015-132 (Final adoption, major substantive)
CONCISE SUMMARY: The Department has adopted amendments to its Ch. 500, Stormwater Management rule, that provide greater flexibility while encouraging the use of innovative stormwater designs that will accommodate measures for addressing climate change, resiliency, and adaptation in our infrastructure. The changes include: 1) the treatment levels in the general standards were revised to provide additional stormwater treatment options where the standard treatment requirements are impractical or cannot be met; 2) a new voluntary Low Impact Development (LID) credit that reduces the volume of stormwater that must be treated if an applicant uses LID techniques was incorporated; 3) new scaled treatment requirements for redevelopment projects were incorporated; and 4) the appendices, which provide basic performance standards for a variety of stormwater management and associated activities, were updated to reflect current stormwater best management practices. The Department also adopted a number of minor revisions to the rule that will provide greater clarity and consistency with other Department rules.
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: August 12, 2015
AGENCY CONTACT PERSON: Jeff Crawford, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. E-mail: Jeff.S.Crawford@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 01-001 - Department of Agriculture, Conservation and Forestry
CHAPTER NUMBER AND TITLE: Ch. 360, The Returnable Beverage Container Law
ADOPTED RULE NUMBER: 2015-133
CONCISE SUMMARY: Updating the rules governing The Returnable Beverage Container Law to add exemption from Universal Product Code (UPC) requirements for seasonally produced malt liquor products as defined by 28-A MRS  §2 sub- §18.
EFFECTIVE DATE: July 21, 2015
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/qar/bottle_bill/laws_rules.shtml .