December 16, 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: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 41, Offering Instruction Related to Cardiopulmonary Resuscitation and the Use of an Automated Defibrillator in Maine Public Schools
PROPOSED RULE NUMBER: 2015-P228
BRIEF SUMMARY: This rule requires public schools to offer training to students on how to perform cardiopulmonary resuscitation and use automated external defibrillators. The rules must be designed to ensure that the training requirements can be met without public schools being required to expand or modify its activity so as to necessitate additional expenditures from local revenues.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: January 15, 2016 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Susan Berry, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6695. E-mail: Susan.Berry@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA  §6304
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Jaci.Holmes@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 12, Allowances for Consumer Directed Attendant Services.
PROPOSED RULE NUMBER: 2015-P229
CONCISE SUMMARY: The purpose of this rule is to comply with Resolve 2015 ch. 50 and LD 1350, which requires the Department to increase the reimbursement rate for Attendant Care Services provided under the provisions of 10-144 CMR ch. 101, MaineCare Benefits Manual, Ch. II Section 12. The Department shall seek approval from the federal Centers for Medicare and Medicaid Services (CMS) for a State Plan Amendment for this change. Pursuant to 22 MRSA  §42(8), if CMS approves, the increased reimbursement rates will be effective retroactive to October 1, 2015. The Department published notice of change in reimbursement methodology, pursuant to 42 CFR  §447.205, on September 30, 2015.
In addition to the rate increase, the Department proposes to remove from Sec. 12, Ch. III references to Levels I, II, and III for Attendant Care Services (procedure codes S5125, S5125 TF and S5125 TG), since a single procedure codes (S5125 U2) is used for all three levels of service. The three Levels of Care are based on the hours of need, as determined by the assessment process, and they remain referenced in Sec. 12, Ch. II.
Finally, pursuant to 5 MRSA  §8052(6), the Department proposes to remove the references to the Maine Integrated Health Management Systems (MIHMS), which was implemented on September 1, 2010.
Procedure codes H2014, G9001, and G9002 have been utilized since that time.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: Wednesday, January 6, 2016 - 1:00 p.m., 19 Union Street, Room 110, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before 5:00 p.m., on Monday, December 28, 2015.
DEADLINE FOR COMMENTS: Comments must be-received by midnight, January 16, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Heidi Bechard, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY users call Maine relay 711 (Deaf'/Hard of Hearing). E-mail: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA  § § 42(8), 3173; Resolve 2015 ch. 50 and LD 1350 (127th Legislature 2015), “To Increase the Reimbursement Rate for Direct-care Workers Serving Adults with Long-term Care Needs”.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIASON: Kevin.Wells@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 (MBM): Ch. II Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder
PROPOSED RULE NUMBER: 2015-P230
CONCISE SUMMARY: This waiver renewal proposes rule changes to the Comprehensive Home and Community-Based Services (HCBS) Waiver for Persons with Intellectual Disabilities and Autism. This rule is a companion to Section III Ch. 21, “Allowances for Home and Community Benefits for Adults with Intellectual Disabilities”. The section is being renamed to “Home and Community Benefits for Members with Intellectual Disabilities and Autism Spectrum Disorder”. The rule will only become effective upon approval by the Centers for Medicare and Medicaid Services (CMS).
DHHS is implementing a standardized assessment process and resource allocation model for this waiver program. The Supports Intensity Scale (SIS) will be utilized as the primary assessment and resource allocation tool as developed by the American Association on Intellectual and Development Disabilities (AIDD). Upon completion of a SIS assessment, members will be assigned to a "Level." A Level assignment will be used to determine the amount of supports that are needed for a member to be successful and will be tied to a set "Level-Based Budget" necessary to purchase these supports.
In instances where it is felt that the Level-Based Budget is not adequate to support a member, there will be opportunities within the system to request additional resources to meet those needs.
Significant updates and changes to Section 21 Ch. II include:
* Renaming of the section from “Home & Community Benefits for Members with Intellectual Disabilities or Autistic Disorder” to “Home & Community Benefits for Members with Intellectual Disabilities and Autism Spectrum Disorder”.
* Expansion of the Introduction to include information about the SIS and its use as an assessment and resource allocation tool.
* Throughout Section 21, replacement of the term "Mental Retardation" with the more appropriate term, "Intellectual Disabilities."
* Updating references to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition.
* In the Definitions section, the following new terms have been added:
- Extraordinary Review Committee (ERC)
- Level-Based Budget
- ME- Verify Portal
- Supports Intensity Scale (SIS)
- SIS Manager
- SIS Venture
- Supplemental Questions
- Supplemental Verification Team
- Supporting Individual Success
* In the Definitions section, Mental Retardation was removed.
* Under Personal Plan, the language was updated to ensure that the member is driving the process and that the process is more closely aligned with the CFR  §441.301 and  §441.303. Direct references to the CFR were included.
* In the Covered Services section:
- Addition of clarifying language for Assistive Technology on limits exclusions.
- Addition of Community Support Services- Community Based and Community Support Services-Facility-Based. Added language to provide guidance on what constitutes Community Support Services-Community Based and Community Support Services, Facility Based.
- Under Home Support-Agency per Diem added weekly staff hour limits based upon SIS Levels.
- Addition of Qualified Extra Support Service.
- Addition of Respite.
- Addition of Semi-Independent Supported Living.
- Addition of Skilled Nursing Service for Persons with Intellectual Disabilities or Autism Spectrum Disorder.
* In the Limits section:
- Addition of language which disallows duplicative services covered by other sections in the MaineCare Benefits Manual.
- Definition of annual limits for: Occupational Therapy (Maintenance), QESS, Respite and Skilled Nursing for Persons with Intellectual Disabilities or Autism Spectrum Disorder.
- Definition of (SIS) Level-Based Budgets for: Family Center Support, Agency Home Support, Shared Living, Living with Unpaid Caregivers, Living Independently and Semi-Independent Supported Living.
* In Provider Qualifications and Requirements, added:
- Provider qualifications necessary to perform an Assistive Technology Assessment.
- Qualified Extra Support Services.
- Residential Settings Owned or Controlled by a Provider.
- Semi-Independent Supported Living.
- Shared Living (Foster Care, Adult).
- Skilled Nursing Service for Persons with Intellectual Disabilities or Autism Spectrum Disorder.
- Activities that support Personal Well-Being.
- Clarification of Background Check Criteria.
- Clarification of Reportable Events & Behavioral Treatment for Persons with Intellectual Disability .
* Appendix V- added Requirements for Section 21 Providers of Home Support Services, Community Support Services, and Employment Specialist Services.
* Added Appendix VI-Supporting Individual Success & The Supports Intensity Scale.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: January 5, 2016 - 10:00 a.m., 19 Union Street, Room 110, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before December 22, 2015.
DEADLINE FOR COMMENTS: Comments must be received by midnight January 15, 2016.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Andrew Hardy, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Andrew.Hardy@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 42 CFR  § § 440.110, 447.201,; CFR  § § 441.301, 441.303; 22 MRSA  § § 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIASON: Kevin.Wells@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 (MBM): Ch. III Section 21, Allowances for Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder
PROPOSED RULE NUMBER: 2015-P231
CONCISE SUMMARY: This waiver renewal proposes rule changes to the Comprehensive Home and Community-Based Services (HCBS) Waiver for Persons with Intellectual Disabilities and Autism. The Section is being renamed to “Home and Community Benefits for Members with Intellectual Disabilities and Autism Spectrum Disorder”. This is a companion rule to Section 21 Ch. II of the same title. The rule will become effective when approved by the Centers for Medicare and Medicaid Services (CMS). DHHS is implementing a standardized assessment process and resource allocation model for this waiver program. The Supports Intensity Scale (SIS) will be utilized as the primary assessment and resource allocation tool.
Significant updates and changes to Section 21, Ch. III include:
* Renaming of the section from “Home & Community Benefits for Members with Intellectual Disabilities or Autism” to “Home and Community Benefits for Members with Intellectual Disabilities and Autism Spectrum Disorder”.
* Updating rates for the implementation of Level-Based Budgets and adding new procedure codes and modifiers for new services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: January 5, 2016 - 10:00 a.m., 19 Union Street, Room 110, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before December 22, 2015.
DEADLINE FOR COMMENTS: Comments must be received by midnight January 15, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Andrew Hardy, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Andrew.Hardy@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 42 CFR  § § 440.110 and 447.201, CFR  § § 441.301, 441.303; 22 MRSA  § § 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIASON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health & Human Services (DHHS), Maine CDC - Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 231, Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 2015-P232
CONCISE SUMMARY: The proposed changes remove definitions unused within these rules, add new definitions in Section 2, insert relevant portions of the Bottled Water & Water Vending Machine Rules (and insert new language for bottled water and water vending machines) in Sections 2, 3(J), 4(K), 4(L)(2) , 6(B) and Appendix A.
In Section I-A, the Program proposes to add operator requirements for select transient public water systems. In addition, these proposed changes clarify sampling standards for source approval in Section 3, articulate that DWP approval is necessary for existing wells changing the chemistry or yield of the water in Section 3(H)(2)(g), add requirements for tank and clearwell repairs, coating and painting of surfaces touching finished water in Section 4(M), clarify timelines and analysis reporting requirements for certified laboratories in Section 6(B) and monthly reports in 6(C), incorporate the “Revised Total Coliform Rule”, effective April 1, 2016, update and correct references, citations, and typos throughout the rule, revise direct references to the federal regulations and add Appendix A to clarify further bottled water facility testing requirements.
PUBLIC HEARING: 10:00 a.m., Thursday, January 7, 2016, Room 12, 1st Floor, Key Bank Plaza, 286 Water Street, Augusta
DEADLINE FOR COMMENTS: January 18, 2016
AGENCY CONTACT PERSON: Tera Pare, J.D., Rule-making Coordinator, Maine CDC - Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. TTY: 711 (Maine Relay). E-mail: Tera.Pare@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS ch. 601, subchapter 1,  §2605; subchapter II,  § § 2611-2613, 2615; Subchapter III,  §2628
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/dwp/index.shtml .
DHHS RULE-MAKING LIASON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health & Human Services (DHHS), Maine CDC - Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 235, Maine Rules Relating to Bottled Water, Bulk Water and Water Vending Machines
PROPOSED RULE NUMBER: 2015-P233
CONCISE SUMMARY: This proposed change would delete bottled water and water vending machine regulations from this rule, with relevant language placed in Ch. 231's “Rules Relating to Drinking Water”. These changes would result in this rule (Ch. 235) to be re-named "Rules Relating to Bulk Water". Specific language changes from Ch. 235 to Ch. 231 reflect the changes agreed upon among the DHHS Drinking Water Program, the Department of Agriculture, Conservation & Forestry, and the Department of Environmental Protection, in order to clarify each Department's role and responsibility regarding regulation of bottled water facilities.
Appendix A to clarify further bottled water facility testing requirements.
AGENCY CONTACT PERSON: Tera Pare, J.D., Rule-making Coordinator, Maine CDC - Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. TTY: 711 (Maine Relay). E-mail: Tera.Pare@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS  § § 2605, 2611, 2620-C.
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/dwp/index.shtml .
DHHS RULE-MAKING LIASON: Kevin.Wells@Maine.gov .

AGENCY: 02-032 - Department of Professional and Financial Regulation (PFR), Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 528, Federal "Regulation A" Tier 2 Notice Filings and Fees
PROPOSED RULE NUMBER: 2015-P234
BRIEF SUMMARY: This proposed rule would establish notice filing requirements and associated fees for securities offered in Maine under Tier 2 of federal "Regulation A," a newly established federal exemption from securities registration.
The text of the proposed rule and the notice of rule-making may be found at the Office's website: www.investors.maine.gov .
PUBLIC HEARING: Thursday, January 7, 2016 at 10:00 a.m., Department of Professional and Financial Regulation - Kennebec Room, 76 Northern Avenue, Gardiner, Maine. The Office requests that any interested party requiring special arrangements to attend the hearing contact Dona Garippa by telephone at (207) 624-8551. (TTY users call Maine Relay 711) before December 31, 2015.
COMMENT DEADLINE: Written comments must be received no later than 4:30 p.m. on Tuesday, January 19, 2016 and should be addressed to: Judith M. Shaw, Securities Administrator, 121 State House Station, Augusta, Maine 04333.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Judith M. Shaw, Administrator, Maine Office of Securities, 121 State House Station, Augusta, ME 04333-0121. Telephone: (207) 624-8551. E-mail: Judith.M.Shaw@Maine.gov .
SMALL BUSINESS IMPACT STATEMENT The small business impact statement may be found on the Office's website: www.investors.maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  § § 16302, 16605
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 17 CFR  § § 230.251 - 230.263
OFFICE OF SECURITIES WEBSITE: http://www.maine.gov/pfr/securities/index.shtml .
SECURITIES RULE-MAKING LIAISON: Karla.Black@Maine.gov .

AGENCY: 16-219 – Department of Public Safety (DPS), Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Ch. 4, Water-Based Fire Protection Systems
PROPOSED RULE NUMBER: 2015-P235
BRIEF SUMMARY: This proposed rule intends to remove redundant or obsolescent content from the rule, define the roles and responsibilities of responsible managing supervisors in the State of Maine, and adopt current standards relating to water based fire protection systems. The rule is intended to reduce overall fire suppression costs, fatalities, injuries and property loss due to fire.
DETAILED BASIS STATEMENT / SUMMARY: This rule establishes the design, installation, operation, maintenance, inspection, testing and all other aspects of water-based fire protection systems and life safety sprinkler systems for occupancies and structures with water-based fire protection system measures. This standard is intended to provide uniform requirements for the entire state to ensure the safety of occupants of structures using such measures.
PUBLIC HEARING: January 4, 2016, Florian Hall, Department of Public Safety, 45 Commerce Drive, Augusta, Maine 04333 @ 9 a.m.
COMMENT DEADLINE: January 14, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Michelle Mason Webber, Sr. Planning and Research Analyst, 52 State House Station, Augusta ME 04333-0052. Telephone: (207) 626-3873. E-mail: Michelle.Mason@Maine.gov . Rule-making website: http://maine.gov/dps/fmo/laws/proposedrulemaking.html .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact.
STATUTORY AUTHORITY FOR THIS RULE: 25 MRS  §2452; 32 MRS  § § 1373, 1374, 1382
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dps/fmo/index.htm .
FIRE MARSHAL RULE-MAKING LIAISON: Joseph.E.Thomas@Maine.gov .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 600, Oil Discharge Prevention and Pollution Control Rules for Marine Oil Terminals, Transportation Pipelines and Vessels
Ch. 685, Payment and Reimbursement of Oil Transfer Fees
Ch. 686, Standards for Assessing Ability to Pay Deductibles Under the State Insurance Program for Oil Storage Tanks
Ch. 691, Rules for Underground Oil Storage Facilities
PROPOSED RULE NUMBERS: 2015-P236 thru P239
BRIEF SUMMARY: The Department is proposing to amend its rules to incorporate changes in the underlying statutes made by the 127th Maine Legislature. The proposed amendments include:
1) Revise definition to be consistent with the Statute:
2) Reflect that the Maine Coastal and Inland Surface Oil Clean Up Fund and the ground Water Oil Clean Up Fund have been combined to create the Maine Ground and Surface Water Clean-up and Response Fund:
3) Correct citation to statute to be consistent with the statutory amendments:
4) Reflect that the Fund Insurance Review Board and the Oil Spill Advisory Committee have been combined creating the Clean-up and Response Fund Review Board: and
5) Clarify the process for refunding certain fees collected on oil that is exported from the State.
In addition these amendments propose minor revision to formatting and to improve clarity of the rule.
PUBLIC HEARING: No public hearing is scheduled for these proposals.
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rules is 5 p.m., January 16, 2016. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Tom Graham, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov . DEP rule-making page: www.maine.gov/dep/rules .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THE RULE: 38 MRSA  § § 561 et seq., 38 MRSA  §341-H, 38 MRSA  §568-A(3), 38 MRSA  §341-D(1-B), 38 MRSA  §546(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: PL 2015 c. 319 (LD 1303).
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. 701, Rules Governing Animal Welfare
PROPOSED RULE NUMBER: 2015-P240
BRIEF SUMMARY: These technical changes to the “Rules Governing Animal Welfare” will improve best practices for all animal shelters and rescue groups within the State of Maine.
DETAILED BASIS STATEMENT / SUMMARY: Over the past few years there have been changes to the way animals are kept in shelters. New advances in shelter medicine and animal behavior have changed how the different problems are solved within the shelter system. These rule changes reflect these improvements.
* Creates new definitions for: Housing facilities, impervious surfaces and Veterinarian of Reference
* Requires all facilities to use their license number on advertisements
* Improves record keeping for fostering agreements, pharmaceutical records and importation records
* Prevents dangerous animals that are a risk to public safety from being adopted out
* Changes a solid type of material to an impervious surface
* Improves controlled substances controls
* Ensures proper medical waste disposal
* Ensures isolation areas for imported animals
* Removes the veterinarian exemption for the rules of animal shelters and boarding kennels
PUBLIC HEARING: January 5th, 2016, Room 109, 10 a.m. – Harlow Building, 18 Elkins Lane, Augusta, Maine.
COMMENT DEADLINE: January 16th, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Liam Hughes, Director of Animal Welfare, Department of Agriculture, Conservation and Forestry, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-5531. E-mail: Liam.Hughes@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: Title 7, Agriculture and Animals: 7 MRS  §3906-B; 2015 PL ch. 223
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGRICULTURE WEBSITE: http://www.maine.gov/dacf/index.shtml .
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Mari.Wells@Maine.gov

ADOPTIONS

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 (amended)
ADOPTED RULE NUMBER: 2015-240
CONCISE SUMMARY: In this rule-making, the Maine Fuel Board amended Ch. 13 of its rules by adopting Section 13.7, which sets forth requirements for installing a conversion burner to convert an appliance to propane or natural gas from another fuel source.
EFFECTIVE DATE: December 8, 2015
AGENCY CONTACT PERSON: Catherine Carroll, Board Administrator, Maine Fuel Board, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. E-mail: Catherine.M.Carroll@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/fuel/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .

AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 730, Standards for Acceptance of Reinsurance of Workers’ Compensation Self-Insurance
ADOPTED RULE NUMBER: 2015-241
CONCISE SUMMARY: These amendments update the rule, originally adopted in 1993, to conform to changes in the financial standards generally applicable to insurers and reinsurers.
EFFECTIVE DATE: December 9, 2015
AGENCY CONTACT PERSON: Elena Crowley, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .

AGENCY: 19-498 – Department of Economic and Community Development (DECD), Office of Community Development (OCD)
CHAPTER NUMBER AND TITLE: Ch. 44 (New), Program Statement for Administering the 2016 Maine Community Development Block Grant Program
ADOPTED RULE NUMBER: 2015-242
CONCISE SUMMARY: This rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: December 12, 2015
AGENCY CONTACT PERSON: Deborah Johnson, Director OCD, Department of Economic & Community Development, Office of Community Development, DECD/OCD, State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059. Telephone: (207) 624-9817. E-mail: Deborah.Johnson@Maine.gov .
WEBSITE: http://www.maine.gov/decd/ .
DECD RULE-MAKING LIAISON: Douglas.Ray@Maine.gov .