September 7, 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01 (G.1, 1.b., 4.)(O.), Upland Game and Furbearing Animals
PROPOSED RULE NUMBER: 2016-P100 (re-proposed)
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife, at the request of 5 or more members of the public, will be holding a public hearing to discuss proposals that were advertised in a previous notice on August 3, 2016. The Department is proposing to adopt amendments to furbearer season dates and the open and closed areas for beaver trapping. In WMDs 15, 16, 20-26 and 29 the Department is proposing to open the beaver trapping season on October 30 to align the start of the season with other furbearer seasons and provide an additional 2 weeks of opportunity. An additional week of bobcat hunting is also being proposed with a season of December 1-February 21 each year. The Department is also proposing to collect improved biological data from some species. A tooth submission for bobcat, fisher, marten and otter would be required when presenting the animal for registration. A complete copy of the proposed rule can be obtained from the rule-making contact person listed below.
PUBLIC HEARING: September 26, 2016 @ 6:00 p.m. – Ramada Plaza Portland – York Room, 155 Riverside Street, Portland, ME
COMMENT DEADLINE: October 6, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 01-672 – Department of Agriculture, Conservation and Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Amendment to Appendix F, Expedited Wind Energy Development Area Designation
PROPOSED RULE NUMBER: 2016-P130
BRIEF SUMMARY: The Land Use Planning Commission has received a petition to remove Carroll Plantation from the expedited permitting area for wind energy development pursuant to Title 35-A  3453-A. In the expedited area, wind energy development is an allowed use with a permit, and no subdistrict rezoning is required. In response to the petition, the agency has received a timely request for substantive review.
A public hearing will be held on the removal petition and the public is invited to testify at the hearing. The Commission requests, if possible, that those interested in testifying at the hearing bring a written copy of their testimony for filing in the hearing record.
The hearing starts at 5:30 p.m. At the beginning of the hearing, time will be set aside for a presentation from those requesting substantive review of the removal petition and for a presentation from the removal petition circulators. The Commission will then receive testimony from the general public.
Written comments addressing the applicable statutory criteria and the removal petition, including data, views or arguments, may be submitted by US Postal Service Mail to “Stacie R. Beyer, LUPC, 106 Hogan Road, Suite 8, Bangor, ME 04401,” or by email to Stacie.R.Beyer@Maine.gov (including in the subject line “Carroll Removal Petition”). For consideration by the Commission, written comments must be submitted on or prior to October 10, 2016, and rebuttal must be submitted on or prior to October 17, 2016.
Additional information, including a longer, more detailed notice of the rule-making and the applicable statutory criteria, may be obtained by contacting Stacie Beyer or by visiting the Commission’s web site at: http://www.maine.gov/dacf/lupc/projects/wind_expedited_area/windexpedited_carrollplt_substantivereview.html .
DETAILED SUMMARY: The 123rd legislature enacted, “An Act to Implement Recommendations of the Governor’s Task Force on Wind Power Development,” PL 2007 ch. 661 that became effective April 18, 2008. The Act established the expedited permitting area for wind energy development, encompassing all of the organized areas of the State and a portion of the unorganized and deorganized areas now served by the Land Use Planning Commission (LUPC or Commission). As directed by that legislation, the Commission adopted through rule-making the description and map of the expedited permitting area located in the Commission’s rules as Appendix F to Ch. 10, Land Use Districts and Standards.
In 2015, the legislature enacted “An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission,” PL 2015 ch. 265 that became effective January 1, 2016. The statutory change created a six month time window within which registered voters in a given town, township, or plantation within the Commission’s jurisdiction may petition to have a place removed from the expedited area. Title 35-A, section 3453-A describes the mechanism by which the petition process is to take place, and provides the opportunity for any person to object to the removal of the specified place by requesting “substantive review” of the petition. When a substantive review is requested, certain criteria apply:
3. Removal by petition with review. A person may, in writing, request substantive review of a petition for removal under subsection 1 by the Maine Land Use Planning Commission. Upon receipt of a timely filed request for substantive review, if the commission finds the requirements of subsection 1, paragraphs A and B are satisfied, the commission shall, by rule, remove a specified place in the unorganized and deorganized areas from the expedited permitting area if it finds the proposed removal:
A. Will not have an unreasonable adverse effect on the State’s ability to meet the state goals for wind energy development in section 3404, subsection 2, paragraph C; and
B. Is consistent with the principal values and the goals in the comprehensive land use plan adopted by the Maine Land Use Planning Commission pursuant to Title 12, section 685-C.
In general, the effect of removing a place from the expedited area is to require, before a wind energy development may be permitted, one of two things to occur. The place must be added back into the expedited area pursuant to Title 35-A, section 3453, or rezoned to a Commission zoning subdistrict that allows wind power development pursuant to Title 12, section 685-A(8-A). These processes are different and if, successful, affect subsequent permitting differently. Notably, the criteria the Department of Environmental Protection (DEP) must apply when evaluating visual impacts of a project differ depending on whether a project is proposed to be located in the expedited area or a Planned Development (D-PD) subdistrict as a result of Commission rezoning.
Because of the significance removing a place from the expedited permitting area may have on future wind power development proposals and the interest of residents, land owners, developers, and many other members of the public in the location of wind power development, the Commission has decided to hold public hearings for all substantive reviews of removal petitions.
PUBLIC HEARING: September 28, 2016, the Waterfront Event Center, 8 Prince Street, Lincoln, starting at 5:30 p.m.
COMMENT DEADLINE: Written comments must be submitted on or prior to October 10, 2016; written rebuttal comments must be submitted on or prior to October 17, 2016.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Stacie Beyer, Land Use Planning Commission, 106 Hogan Road, Suite 8, Bangor, ME 04401. Telephone: (207) 941-4593. E-mail: Stacie.R.Beyer@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS  3453-A; 12 MRS  685-C(5)(A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: PL 2015 ch. 265
AGENCY WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULE-MAKING LIAISON: Mari.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 67, Principles of Reimbursement for Nursing Facility Services
PROPOSED RULE NUMBER: 2016-P131
CONCISE SUMMARY: This proposed rule-making seeks to increase Nursing Facility Services’ prospective and final prospective rate to 100 percent (100%) of all calculated direct care and routine cost components to ensure adequate funding to Nursing Facility Services effective retroactive to July 1, 2016.
The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services for this change.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: September 27, 2016 - 1:00 p.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 September 22, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 7, 2016.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or 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: 22 MRS    42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 4, Municipal Shellfish Conservation Warden Certification
PROPOSED RULE NUMBER: 2016-P132
BRIEF SUMMARY: This proposed rule-making is a repeal and replace of Ch. 4. The primary purpose of the repeal and replace is to restructure the chapter, clarify the requirements for Shellfish Conservation Warden positions, and put in place certain requirements for Warden applications that will ensure that Marine Patrol can better utilize Warden testimony in the context of shellfish violations. Specifically, changes include requiring candidates for Municipal Shellfish Conservation Warden positions to complete the MDMR Municipal Shellfish Conservation Warden Training Course, specifying that the background check will be specifically in regards to employment, and that candidates must specifically complete the MDMR Municipal Shellfish Conservation Warden Training Course. In addition, the proposed rule requires that applicants to Warden positions qualify as candidates able to provide courtroom testimony in both civil and criminal courts.
PUBLIC HEARING: N/A
COMMENT DEADLINE: October 7, 2016
DMR RULE-MAKING E-MAIL: DMR.rulemaking@Maine.gov .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  6671
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same
DMR WEBSITE: http://www.maine.gov/dmr/ .

ADOPTIONS

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 (amended)
ADOPTED RULE NUMBER: 2016-145
CONCISE SUMMARY: The Plumbers’ Examining Board amended 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.
EFFECTIVE DATE: October 1, 2016
AGENCY CONTACT PERSON: Catherine Carroll, Board Administrator, Office of Professional and Occupational Regulation, Plumbers’ Examining Board, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. TTY users call Maine Relay 711. E-mail: Catherine.M.Carroll@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/plumbers/index.html .
OPOR RULE-MAKING LIAISON: Holly.Doherty@Maine.gov .

AGENCY: 65-625 - Public Utilities Commission (PUC), Emergency Services Communications Bureau
CHAPTER NUMBER AND TITLE: Ch. 5 (New), Standards for the Implementation and Administration of Emergency Fire Dispatch Protocols
ADOPTED RULE NUMBER: 2016-146
CONCISE SUMMARY: Pursuant to PL 2015 ch. 230, the Public Utilities Commission adopts a new rule of the Emergency Services Communications Bureau's Rules (65-625 CMR ch. 5). Chapter 5 adopts and implements standardized protocols for 9-1-1 fire dispatch.
EFFECTIVE DATE: September 3, 2016
AGENCY CONTACT PERSON / PUC RULE-MAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Jamie.A.Waterbury@Maine.gov .
BUREAU WEBSITE: http://www.maine911.com/index.shtml .

AGENCY: 99-626 - Maine Rural Development Authority
CHAPTER NUMBER AND TITLE: Ch. 2, Commercial Facilities Development Program
ADOPTED RULE NUMBER: 2016-147
CONCISE SUMMARY: The amendment would extend the maximum loan term from 5 years to 20 years, and provide for the ability to change the interest rate for loans longer than 5 years.
EFFECTIVE DATE: September 3, 2016
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Christopher Roney, Maine Rural Development Foundation, c/o Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332 Telephone: (207) 620-3520. E-mail: croney@famemaine.com .
WEBSITE: http://www.mainerda.org/ .

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 & III Section 17, Community Support Services, and Allowances for Community Support Services
ADOPTED RULE NUMBER: 2016-148 (Emergency)
CONCISE SUMMARY: The Department adopts this emergency rule to effectuate the following changes:
1. Following various changes to Ch. II Section 17, Community Support Services, adopted by the Department on March 22, 2016, certain members no longer met clinical criteria for Community Support Services. This prompted a legislative review of the Section 17 rule changes, after which the legislature enacted Resolves 2016 ch. 82 (eff. Apr. 26, 2016). This Resolve requires the Department to extend the authorized service period for certain individuals who no longer meet clinical criteria for Section 17 services after the rule changes adopted on March 22, 2016. For members affected by the March 22nd rule change, the Department shall authorize a 120 day extension for the member's Section 17 services. Additionally, 90-day extensions may be granted, provided the member is able to reasonably demonstrate to the Department, or Authorized Entity, that he or she has attempted to and has been unable to access medically necessary covered services under any other section of the MaineCare Benefits Manual. The Ch. II changes shall be effective retroactive to April 26, 2016. The temporary transition period shall end on June 30, 2017.
2. Separately, the legislature enacted An Act to Increase Payments to MaineCare Providers that are Subject to Maine's Service Provider Tax, PL 2016 ch. 477 (eff. Apr. 15, 2016). Certain MaineCare providers subject to the service provider tax have experienced an increase in the tax to 6% since January 1, 2016. The legislature thus provided additional appropriations to certain MaineCare providers, including Section 17 providers, in an effort to offset the increase in the provider tax. The Department is seeking and anticipates CMS approval of the reimbursement changes for Section 17 providers. Pending approval, the Department will reimburse providers under the new increased rates retroactively to July 1, 2016 pursuant to PL 2016 ch. 477 (eff. Apr. 15, 2016).
3. Each of the new laws were enacted by the Legislature on an emergency basis. Given that each law provides benefits to the regulated community, and the time-sensitive, limited nature of the extension in eligibility, the Department is authorized to enact these changes to Section 17 on an emergency basis, without the findings required by 5 MRS  8054(2). These emergency rule changes shall be effective for ninety (90) days. The Department shall engage in proposed routine technical rule-making to permanently adopt these Section 17 rule changes.
4. Finally, the Department notes that on April 29, 2016, the legislature overrode the Governor's veto of LD 1696, Resolve, To Establish a Moratorium on Rate Changes Related to Rule Chapter 101: MaineCare Benefits Manual, Sections 13, 17, 28 and 65 (Resolves 2016 ch. 88). That law imposes a moratorium on rule-making to change reimbursement rates, including Section 17, until after a rate study has been completed and presented to the Legislature. The Department consulted with the Office of Attorney General and the Office of the Attorney General determined and has advised the Department that Resolves 2016 ch. 88 does not prevent the instant rule changes because (1) the separate law, PL 2016 ch. 477, is more specific in regard to changing reimbursement for providers impacted by the Service Provider Tax increase; and (2) these are reimbursement rate increases, thus providing a benefit to MaineCare providers.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: September 2, 2016
AGENCY CONTACT PERSON: Dean Bugaj, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4045. Fax: (207) 287-1864. TTY users call Maine relay 711. E-mail: Dean.Bugaj@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .