October 5, 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #11-16
PROPOSED RULE NUMBER: 2016-P157
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS  2954
PUBLIC HEARING: October 20, 2016, Thursday, starting at 10:30 a.m., Room 332, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: October 20, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS  8054 and 7 MRS  2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry (DACF), Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 11, Medication and Testing: Section 4, Use of Medications, Subsection 4
PROPOSED RULE NUMBER: 2016-P158
PUBLIC HEARING: None.
BRIEF SUMMARY: The proposed amendment would update Ch. 11 to remove the responsibility of the Commission to prove that a substance was in excess of the normal concentration if it affects the performance of a horse. The amendment also clarifies that the substances listed in the Uniform Guidelines for Foreign Substances published by the Association of Racing Commissioners International are prohibited.
COMMENT DEADLINE: 5:00 p.m. on November 4, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / COMMISSION RULE-MAKING LIAISON: Henry Jennings, Harness Racing, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7543. E-mail: Henry.Jennings@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 8 MRS    263-A, 268, 279-A, 279-B, 281
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rule #197P – SUA-COLA Changes for FY 2017: Section FS-000-1; Section FS-555-5 pages 1-11
PROPOSED RULE NUMBER: 2016-P159
BRIEF SUMMARY: The proposed rule implements annual changes in the standard utility allowances (SUA) and cost of living allowances (COLA) used to calculate benefits. The annual changes are mandated by federal regulations 7 CFR 273.9(a) and (d), and are based on USDA Food and Nutrition Services (FNS) requirements. The SUA values must be in place on October 1, 2016. Thus, an emergency rule-making is being promulgated concurrent to this proposed rule-making. The COLA values do not require an emergency rule-making because they represent increases, and as such, may be applied retroactively.
SUA values, which are based on changes in the Consumer Price Index (CPI) for fuel and utilities from June 2015 to June 2016, have decreased for FFY 2017. Conversely, COLA values have increased for FFY 2017 and will influence a household's maximum shelter allowance, standard deductions, and income eligibility standards.
Finally, the rule removes a "note" related to outdated LIHEAP policy that was not deleted when the Department's rule-making on updated LIHEAP policy was promulgated.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: No hearing.
COMMENT DEADLINE: November 4, 2016
CONTACT PERSON FOR THIS FILING: Marta Noriega-Allen, Senior Planner, Department of Health & Human Services, Office for Family Independence, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4135. Fax: (207) 287-3455. TTY Users Call Maine Relay – 711. E-mail: Marta.Noriega-Allen@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY: 22 MRS    42, 3104; 7 CFR 273.9(a) and (d)(6)(iii)(B)
AGENCY WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #10-16
ADOPTED RULE NUMBER: 2016-159 (Emergency)
CONCISE SUMMARY: Minimum October 2016 Class I price is $19.85/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $24.46/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: October 2, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 424, Lead Management Regulations
ADOPTED RULE NUMBER: 2016-160
CONCISE SUMMARY: The Department has adopted amendments that repeal and replace its existing Ch. 424, Lead Management Regulations, and harmonize this rule with EPA/HUD requirements for lead abatement professionals. Changes include updating and reorganizing abatement work practices, updating the inspection protocol by adding an Appendix on conducting lead inspections and removing from the regulation the incorporation by reference to Chapter 7 “HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing”, 1997 Revision. There are also additional changes proposed to further simplify and clarify the rule
EFFECTIVE DATE: October 3, 2016
AGENCY CONTACT PERSON: James Tansey, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04330-0017. Telephone: (207) 446-1611. FAX: (207) 287-7722. E-mail: Jamie.Tansey@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@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 Based Benefits for Adults with Intellectual Disabilities or Autistic Disorder (Emergency Major Substantive Rule)
ADOPTED RULE NUMBER: 2016-161 (Emergency)
CONCISE SUMMARY: The Department is adopting via emergency major substantive rule-making a 1% increase to certain rates in Ch. III Section 21, in accordance with PL 2016 ch. 477 (An Act to Increase Payments to MaineCare Providers That Are Subject to Maine’s Service Provider Tax), which provides additional appropriations to certain MaineCare providers that are subject to the service provider tax and that have experienced a recent increase in the tax from 5% to 6%. The Legislature enacted this law as an emergency measure, effective April 15, 2016, recognizing that providers affected by the tax increase had insufficient reserves to withstand this cost increase and that immediate funding was necessary to enable providers to continue providing MaineCare services. As set forth in the Basis Statement, the Department adopts changes to this rule on an emergency basis with the increased rates effective retroactive to April 15, 2016.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: September 28, 2016
AGENCY CONTACT PERSON: Andrew Hardy, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. 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: 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 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autistic Disorder (Emergency Major Substantive Rule)
ADOPTED RULE NUMBER: 2016-162 (Emergency)
CONCISE SUMMARY: The Department is adopting via emergency major substantive rule-making a 1% increase to certain rates in Ch. III Section 29, in accordance with PL 2016 ch. 477 (An Act to Increase Payments to MaineCare Providers That Are Subject to Maine’s Service Provider Tax), which provides additional appropriations to certain MaineCare providers that are subject to the service provider tax and that have experienced a recent increase in the tax from 5% to 6%. The Legislature enacted this law as an emergency measure, effective April 15, 2016, recognizing that providers affected by the tax increase had insufficient reserves to withstand this cost increase and that immediate funding was necessary to enable providers to continue providing MaineCare services. As set forth in the Basis Statement, the Department adopts changes to this rule on an emergency basis with the increased rates effective retroactive to April 15, 2016.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: September 28, 2016
AGENCY CONTACT PERSON: Andrew Hardy, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4058. 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 .