May 25, 2016

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: 02-395 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Plumbers’ Examining Board
CHAPTER NUMBER AND TITLE: Ch. 4, Installation Standards
PROPOSED RULE NUMBE: 2016-P062
BRIEF SUMMARY: The Plumbers’ Examining Board proposes to amend Ch. 4 of the board’s rules by updating the standards for plumbing installations in the State of Maine from the 2009 edition to the 2015 edition of the International Association of Plumbing and Mechanical Officials Uniform Plumbing Code. The text of the proposed rule may be obtained from www.maine.gov/professionallicensing .
Date, time and location of PUBLIC HEARING: None scheduled
COMMENT DEADLINE: June 24, 2016 at 5 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Catherine Carroll, Board Administrator, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. TTY users call Maine Relay 711. E-mail: Catherine.M.Carroll@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  3403-B(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: www.maine.gov/professionallicensing .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #282 (Family Planning): Part 9 Section 4; Part 18
PROPOSED RULE NUMBER: 2016-P063
BRIEF SUMMARY: This rule aligns the MaineCare Eligibility Manual with statutory changes to 22 MRS  3173-G, Medicaid coverage for reproductive health care and family planning services, creating a limited benefit coverage group for adult and adolescent individuals in need of reproductive health care and family planning services who meet certain income guidelines. To be eligible, individuals must have an income at or below 209% of the Federal Poverty Level. The size of the assistance unit and income must be calculated using modified adjusted gross income (MAGI). This limited benefit may be granted to all individuals regardless of age and gender.
Individuals eligible under other Medicaid Categorical programs and pregnant women are not eligible for this coverage group. An individual may not receive coverage for Family Planning benefits when also receiving benefits under the Maine Rx Plus, Low Cost Drugs for the Elderly and Disabled (DEL) at the same time, except when DEL is supplementing Medicare Part D. This rule is in accordance with the federal Patient Protection and Affordable Care Act, as required.
The Office of Family Independence, MaineCare Eligibility and the Office of MaineCare Services are working concurrently to propose and implement the rule based on new legislation. The rule proposed from the Office of MaineCare Services (Ch. 101, Ch. X Section 4, “Limited Family Planning Benefit”) will present the covered services whereas MaineCare Eligibility sets out the income and other eligibility requirements to access services under the legislation.
PUBLIC HEARING: None.
COMMENT DEADLINE: Comments must be received by 11:59 p.m., Friday, June 24, 2016.
CONTACT PERSON FOR THIS FILING: Lea Studhholme, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4106/ TTY: 711 (Maine Relay). E-mail: Lea.Studholme@Maine.gov .
SMALL BUSINESS IMPACT: None expected.
IMPACT ON MUNICIPALITIES OR COUNTIES: None expected.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA    42, 3173; 42 USC  1396a
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 22 MRS  3173-G
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 100, Definitions Regulation
ADOPTED RULE NUMBER: 2016-093
CONCISE SUMMARY: The Department is has amended its Ch. 100, Definitions Regulation, to: 1) explicitly identify NOx as a precursor to ozone in the definition of "regulated pollutant"; 2) replace a reference to "N02" with "NOx" in the footnote of the definition of "significant emission increase"; and require actual PM2.5 emissions from calendar year 2010 be used for purposes of determining baseline emissions in an ambient increment determinations.
EFFECTIVE DATE: May 22, 2016
AGENCY CONTACT PERSON / DEP RULE-MAKING LIAISON: Jeff Crawford, DEP, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7647. E-mail: Jeff.S.Crawford@Maine.gov.
WEBSITE: http://www.maine.gov/dep/ .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 501, Stormwater Management Compensation Fees and Mitigation Credit
ADOPTEDRULENUMBER: 2016-094
CONCISE SUMMARY: The Department has revised Table 2 of Ch. 501 to more accurately reflect the effectiveness of different mitigation activities on each of the following sites: 1) Road or high use parking lots; 2) Medium use parking lots; 3) Other parking lots; 4) Roof or impervious areas; and 5) Landscaped areas.
EFFECTIVE DATE: May 22, 2016
AGENCY CONTACT PERSON / DEP RULE-MAKING LIAISON: Jeff Crawford, DEP, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7647. E-mail: Jeff.S.Crawford@Maine.gov.
WEBSITE: http://www.maine.gov/dep/ .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 603, Maine Estate Tax after 2012
ADOPTED RULE NUMBER: 2016-095
CONCISE SUMMARY: Maine Revenue Services (MRS) has amended Rule 603 (“Maine Estate Tax After 2012”). The rule explains in further detail the estate tax laws of the State of Maine for estates of decedents dying on or after January 1, 2013. In addition to miscellaneous technical changes, MRS amended an incorrect section reference to the Internal Revenue Code. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
EFFECTIVE DATE: May 24, 2016
AGENCY CONTACT PERSON: Heather O. Popadak, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9999. E-mail: Heather.O.Popadak@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .