October 12, 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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 889, Designation of Two Flame Retardants as Priority Chemicals
PROPOSED RULE NUMBER: 2016-P160
BRIEF SUMMARY: This draft rule seeks to designate two flame retardants on the chemicals of high concern list as priority chemicals. The proposal applies to manufacturers of specified product categories that contain intentionally added amounts of decabromodiphenol ether (deca BDE) or hexabromocylododecane (HBCD), which are used in the non-polymeric, additive form as flame retardants.
As provided by Maine law at 38 MRS  §1694, the Department has the authority to promote chemicals on Maine’s chemicals of high concern list to priority status through routine technical rulemaking. If a chemical meets certain statutory criteria it may be designated as a priority chemical by the Commissioner, with concurrence by the Department of Health and Human Service, Maine Center for Disease Control (“Maine CDC”). Once classified as a priority chemical, the Department has the authority to require manufactures of specified product categories to report their use of a priority chemical above de minimis levels.
A copy of the draft rule is available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: November 1, 2016 at 1:00 p.m. in the DEP Response Training Room at 4 Blossom Lane, Augusta, Maine 04330.
COMMENT DEADLINE: The public comment period will close at 5:00 p.m. on November 14, 2016.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207) 287-2814. E-mail: Kerri.Malinowski@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS  §1694
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None that replicated or interfere with the proposed rule.
AGENCY WEBSITE: www.maine.gov/dep/rules/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 45 (New), Proposed Statement for Administering the 2017 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2016-P161
CONCISE SUMMARY: This proposed 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.
PUBLIC HEARING: November 4, 2016 - 11:00 a.m., Burton Cross Office Building - 3rd Floor, 111 Sewell Street, Augusta, Maine 04330
DEADLINE FOR COMMENTS: November 14, 2016 - 4:00 p.m.
AGENCY CONTACT PERSON: Deborah Johnson, Director of OCD, Department of Economic and Community Development, Office of Community Development, 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059. Telephone: (207) 624-9817. E-mail: Deborah.Johnson@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRS  §13058 sub- §3
OCD WEBSITE: http://www.maine.gov/decd/meocd/ .
DECD RULE-MAKING LIAISON: Douglas.Ray@Maine.gov .

AGENCY: 12-170 - Department of Labor (DOL), Bureau of Labor Standards (BLS)
CHAPTER NUMBER AND TITLE: Ch. 16, Rules Governing Definitions for Executive, Administrative, and Professional Exemptions from Minimum Wage and Overtime
PROPOSED RULE NUMBER: 2016-P162
BRIEF SUMMARY: To update the rule to incorporate changes to the U.S. Department of Labor Wage and Hour Division regulations, 29 CFR Part 541, which go in to effect on December 1, 2016.
DETAILED SUMMARY: The United States Department of Labor (USDOL) released new overtime (OT) rules on May 18, 2016 that will become effective December 1, 2016. These rules require employers in Maine to make changes in how they treat certain employees who work OT. Maine statutes incorporate by reference the salary requirements under the Fair Labor Standard Act (FLSA). Maine employers who currently claim overtime exemptions for their employees who work in a "bona fide executive, administrative or professional capacity" will be required to comply with the new rules for these categories of workers. All businesses in Maine are covered under state statutes regardless of size or dollar volume.
There are four major changes to USDOL's rules that must also be adopted in Maine.
1) A new salary threshold for qualifying executive, administrative and professional exempt employees equaling $913.00 a week. This is an increase of$458 from the current required amount of$455 a week.
2) An automatic increase in the salary threshold every three years based on a 40th percentile of weekly earnings for full-time salaried workers in the lowest paid region of the nation. The next increase is scheduled for January 1, 2020. USDOL will provide at least a 150 day notice of the effective date for future increases.
3) An increase in the threshold for highly compensated employees (HCE) to $134,004 per year.
  a. HCE is currently not specifically addressed in Maine's rules. Changes in Maine's rules will help clarify the department's position and align with USDOL.
4) Allowing employers to credit up to 10 percent of the salary level with non-discretionary bonuses and/or commissions (other incentive pay), as long as they are paid at least quarterly or more frequent basis.
  a. Credits towards the salary threshold are not currently allowed under Maine statutes or USDOL. USDOL will now allow this credit; therefore Maine should allow the same credit for businesses. Changes in Maine's rules will help clarify the department's position and align with USDOL.
PUBLIC HEARING: Thursday, November 3, 2016, 10:00 a.m. - 11:00 a.m., Department of Labor, Frances Perkins Conference Room, 45 Commerce Drive, Augusta, Maine 04333-0045
COMMENT DEADLINE: Monday, November 14, 2016 by 12:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOL RULE-MAKING LIAISON: Jeanne St. Pierre, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Jeanne.StPierre@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Maine has nearly 500 municipalities located in 16 different counties each employing individuals that will be impacted by the U.S. Department of Labor Wage and Hour Division changes. It is unknown the exact fiscal cost that each municipality and/or county will have to undertake. Per statutory reference, Maine must adhere to the new requirements.
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS  §663(K)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Federal Regulations, 29 CFR Part 541.
AGENCY WEBSITE: http://maine.gov/labor/labor laws/wagehour.html .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 2, Adult Family Care Services
PROPOSED RULE NUMBER: 2016-P163
CONCISE SUMMARY: This proposed rule-making seeks to increase the rates of reimbursement for Adult Family care Services pursuant to:
(1) Public Law 2016, ch. 481, Part C, An Act to Provide Funding to the Maine Budget Stabilization Fund and To Make Additional Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2016 and June 30, 2017. This proposed rule implements a four (4) percent cost-of-living rate increase for adult family care homes for the fiscal year ending June 30, 2017. Ch. III Section 2, “Adult Family Care Services”, increases the unadjusted price from $44.99 to $46.79 and the resource-adjusted prices accordingly. The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for this change. Pending approval, the four (4) percent cost-of-living increase will be effective retroactive to July 1, 2016. A Change in Reimbursement Methodology Notice was published on June 28, 2016. To comply with future cost-of-living increases set forth in PL 2016 ch. 481, the Department will engage in subsequent rule-making at a later date.
(2) Resolves 2015, ch. 45, Resolve, To Require the Department of Health and Human Services to Provide Supplemental Reimbursement to Adult Family Care Homes and Residential Care Facilities in Remote Island Locations. The Department is making changes to this rule pursuant to Resolves 2015 ch. 45, which effectuates a supplemental rate payment of fifteen (15) percent to adult family care homes that satisfy the definition of remote island facilities. The Legislature directed the Department to amend its rule by October 1, 2015, to implement the fifteen percent supplemental payment and authorized the Department to do so via emergency rule-making without the necessity of demonstrating emergency findings. The Department engaged in emergency rule-making followed by routine technical rule-making that added a provision to the rule about the supplemental payment. The Department also indicated in these prior rule-makings that it was seeking CMS approval for this change retroactive to October 1, 2015. However, the Department did not include a case mix chart specific to remote island facilities that identifies the increased rate. Through this rule-making, the Department has added a case mix chart reflecting an unadjusted price of $51.74 (a fifteen percent increase from $44.99) for the period of October 1, 2015 through June 30, 2016, and an unadjusted price of $53.81 (reflecting the fifteen percent supplemental payment and the four percent cost-of-living increase) for the period beginning July 1, 2016.
This proposed routine technical rule-making follows an emergency adoption of Ch. III Section 2, “Adult Family Care Services”, on October 4, 2016.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: November 1, 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 October 26, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on November 14, 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(8), 3173; PL 2016 ch. 481 Part C; and Resolves 2015 ch. 45
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement, Rule #197E - SUA Changes for FFY 2017: Section FS-555-5, Income and Deductions
ADOPTED RULE NUMBER: 2016-163 (Emergency)
CONCISE SUMMARY: This rule implements updated standard utility allowances (SUA), as approved by USDA Food and Nutrition Services (FNS) for FFY 2017, effective October 1, 2016. Federal regulation 7 CFR 273.9(d)(6)(iii)(B) requires that SUA(s) be reviewed and updated annually. The SUA values are based on changes in the Consumer Price Index (CPI) for fuel and utilities from June 2015 to June 2016, subject to approval by FNS, which was obtained prior to this rulemaking.
The final approved values, which will cause benefits to decrease, were not provided in a timeframe that would allow the Department to comply with the non-emergency rule-making process and implement by the required date of October 1, 2016. The Department finds that an emergency rule change is necessary to preclude federal penalties or loss of federal funds.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: October 1, 2016
AGENCY CONTACT PERSON: Marta Noriega-Allen, Senior Planner, Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4135. Fax: (207) 287-3455. TTY Users Call Maine Relay-711. E-mail: Marta.Noriega-Allen@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 104, Filing of Maine Tax Returns
ADOPTED RULE NUMBER: 2016-164
CONCISE SUMMARY: MRS has amended Rule 104 ("Filing of Maine Tax Returns"). The rule describes the requirements for filing certain Maine tax returns, including mandatory electronic filing of certain Maine tax returns. Along with miscellaneous technical changes, MRS amended definitions in the rule by: adding "business trust'' to the definition of Person; amending the definition of Software Developer to include a person that develops computer generated forms used in connection with unemployment compensation laws; and removing an obsolete reference to the lowest individual income tax bracket in the definition of Threshold Amount. MRS also removed section .03(3) as the waiver provisions are provided elsewhere in the rule. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
EFFECTIVE DATE: October 8, 2016
AGENCY CONTACT PERSON: Heather 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 .

AGENCY: 18-125 - Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services - MRS)
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
ADOPTED RULE NUMBER: 2016-165
CONCISE SUMMARY: MRS has amended Rule 803 ("Withholding Tax Reports and Payments"). The rule identifies income subject to Maine withholding and prescribes the methods for determining the amount of Maine income tax to be withheld. It also explains the related reporting requirements. MRS has moved the filing due date for pass-through entity withholding returns from April 30th to March 15th following the end of the calendar year. This change is based on changes at the federal level and is effective for tax periods beginning on or after January 1, 2016. MRS also updated references to Maine individual income tax rates based on recently enacted legislation. In addition, miscellaneous technical changes such as changing references to employee and employer to payee and payer, respectively, and removing references to Form 941/ClME were made. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html .
EFFECTIVE DATE: October 8, 2016
AGENCY CONTACT PERSON: Heather 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 .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 2, Adult Family Care Services
ADOPTED RULE NUMBER: 2016-166 (Emergency)
CONCISE SUMMARY: The Department of Health and Human Services ("the Department") adopts this emergency rule to increase the rates of reimbursement for Adult Family Care Services pursuant to:
1) PL 2016 ch. 481 Part C, An Act To Provide Funding to the Maine Budget Stabilization Fund and To Make Additional Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2016 and June 30, 2017. This emergency adopted rule implements a four (4) percent cost-of-living rate increase for adult family care homes for the fiscal year ending June 30, 201 7. The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for this change. Pending approval, the four (4) percent rate increase will be effective retroactive to July 1, 2016.
2) Resolves 2015 ch. 45, Resolve, To Require the Department of Health and Human Services To Provide Supplemental Reimbursement to Adult Family Care Homes and Residential Care Facilities in Remote Island Locations. The Department previously engaged in emergency rule-making followed by routine technical rule-making that added language to the rule providing for a supplemental rate payment of fifteen (15) percent to adult family care homes that satisfy the definition of remote island facilities. The Department did not include a case mix chart specific to remote island facilities that identified the increased rates and now seeks to do so with an emergency adoption of this rule. As noted previously, the Department is seeking and anticipates receiving CMS approval for the change so that the supplemental rate payment will be retroactive to October 1, 2015.
Both of these rate increases for Adult Family Care Services ensure vulnerable members have access to medically necessary covered services, and otherwise have no adverse impact on either MaineCare providers or members. Further, this change is not expected to have an adverse effect on the administrative burdens of small businesses.
See http://www.maine.gov/dhrs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: October 4, 2016
AGENCY CONTACT PERSON: 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. E-mail: Heidi.Bechard@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)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 20, Allowances for Home and Community-Based Services for Adults with Other Related Conditions
ADOPTED RULE NUMBER: 2016-167 (Emergency)
CONCISE SUMMARY: The Department is adopting via emergency rule-making a 1% increase to certain rates in Ch. III Section 20 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: October 5, 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 .