May 31, 2017

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 #07-17
PROPOSED RULE NUMBER: 2017-P064
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: June 22, 2017, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: June 22, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING 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, 7 MRS  2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting Seasons
PROPOSED RULE NUMBER: 2017-P065
BRIEF SUMMARY: In accordance with Title 12 MRS  11152 sub- 3, the Commissioner of Inland Fisheries and Wildlife proposes to adopt antlerless deer permit numbers for the 2017 regular deer hunting season and special muzzle-loading season by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:

WMD 1 - 0 permits
WMD 2 - 50 permits
WMD 3 - 75 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 225 permits
WMD 7 - 850 permits
WMD 8 - 575 permits
WMD 9 - 200 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 - 725 permits
WMD 13 - 625 permits
WMD 14 - 400 permits
WMD 15 - 2,375 permits		 WMD 16 - 4,550 permits
WMD 17 - 6,075 permits
WMD 18 - 150 permits
WMD 19 - 0 permits
WMD 20 - 9,650 permits
WMD 21 - 9,550 permits
WMD 22 - 7,700 permits
WMD 23 - 7,725 permits
WMD 24 - 7,875 permits
WMD 25 - 4,950 permits
WMD 26 - 175 permits
WMD 27 - 50 permits
WMD 28 - 0 permits
WMD 29 - 1,500 permits
TOTAL - 66,050

A complete copy of the proposed rule can be obtained from the rulemaking contact person listed below.
PUBLIC HEARING: Wednesday, June 21, 2017 @ 6:00 p.m. – Augusta Armory, Room 209A, 179 Western Avenue, Augusta
COMMENT DEADLINE: July 3, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT / IFW RULEMAKING 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    11152, 11401
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program
PROPOSED RULE NUMBER: 2017-P066
BRIEF SUMMARY: This replacement rule repeals and replaces the current Home Energy Assistance Program rule. The replacement rule: (i) Eliminates the asset test for minor, low cost work for the Central Heating Improvement Program (CHIP) and only requires it for higher cost, system replacements; (ii) adds clarifying language regarding how the benefit is determined for CHIP Heating System Replacement, when assets actually exceed the allowable threshold; (iii) requires the determination of who is responsible for maintenance of a home in life estate or life lease situations, only for higher cost system replacements; (iv) excludes from a household's income calculation any income from a qualifying full-time college student; (v) simplifies the application process for an applicant whose dwelling does not have electricity or water. In such cases, the Community Action Agency will verify eligibility without needing to request a waiver from MaineHousing; (vi) expands the list of allowable Energy Crisis Intervention Program (ECIP) expenditures to include additional intervention measures such as purchasing space heaters, assisting with temporary relocation (hotel/motel), and assistance for rent with heat included applicants who are facing eviction due to nonpayment of rent; (vii) other nonsubstantive policy clarifications and changes necessary due to the new Hancock (HEAT) computer system used for weatherization activities.
A copy of the proposed replacement rule may be found at www.mainehousing.org .
PUBLIC HEARING: A public hearing will be held on Tuesday, June 20, 2017 at 9:30 a.m. at Maine State Housing, 353 Water Street, Augusta, Maine 04330-4633
Maine State Housing Authority's office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, June 30, 2017 at 11:00 a.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT / AGENCY RULE-MAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 89 State House Station, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600, (800) 452-4668 (voice in state only), or Maine Relay 711. E-mail: LUhl@MaineHousing.org .
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRS    4722(1)(W), 4741(15), and 4991 et seq.; 42 USCA    8621 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 19, Homeless Solutions Rule
PROPOSED RULE NUMBER: 2017-P067
BRIEF SUMMARY: This rule repeals and replaces the current Homeless Solutions Rule, Ch. 19, with a new Homeless Solutions Rule. The replacement rule amends the funding formula allocation by changing a definition and provides for a one-time payment adjustment.
A copy of the proposed replacement rule may be found at www.mainehousing.org .
PUBLIC HEARING: A public hearing will be held on Tuesday, June 20, 2017 at 9:00 a.m. at Maine State Housing, 353 Water Street, Augusta, Maine 04330-4633.
Maine State Housing Authority's office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, June 30, 2017 at 10:00 a.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT / AGENCY RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 89 State House Station, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600, (800) 452-4668 (voice in state only), or Maine Relay 711. E-mail: LUhl@MaineHousing.org .
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES. None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRS  4741.1,  4741.18,  4852 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above

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 #06-17
ADOPTED RULE NUMBER: 2017-079 (Emergency)
CONCISE SUMMARY: Minimum June 2017 Class I price is $18.56/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $2.33/cwt. handling fee for a total of $23.71/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: April 30, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (ACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: 10.02, Definitions (“Public Drinking Water Source”, “Sole Source Aquifer”); 10.23, Protection Subdistricts, B. Aquifer Protection Subdistrict (P-AR)
ADOPTED RULE NUMBER: 2017-081
CONCISE SUMMARY: The Land Use Planning Commission acted on a citizen petition to amend Ch. 10, Land Use Districts and Standards, in order to allow portable rock crushing equipment by special exception in the Aquifer Protection (P-AR) Subdistrict. This includes a set of criteria intended to protect the water resource that would have to be met for portable rock crushing to be allowed in the aquifer protection subdistrict. These criteria include provisions to reduce the risk of groundwater contamination from fuel or other hazardous liquids and to reduce the risk of surface water contamination from fine sediments.
EFFECTIVE DATE: May 29, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Naomi Kirk-Lawlor, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4936. E-mail: Naomi.E.Kirk-Lawlor@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 02-380 - Maine State Board of Nursing (affiliated with the Department of Professional and Financial Regulation - PFR)
CHAPTER NUMBER AND TITLE: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
ADOPTED RULE NUMBER: 2017-082
CONCISE SUMMARY: This rule clarifies the current scope of practice for certified nurse-midwives and the contact hours for advanced practice registered nurses who prescribe opioids.
EFFECTIVE DATE: May 29, 2017
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Virginia E. deLorimier, MSN, RN., Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1149. E-mail: Virginia.E.deLorimier@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/boardofnursing/ .