August 2, 2017

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking 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 #09-17
PROPOSED RULE NUMBER: 2017-P093
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: August 24, 2017, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: August 24, 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. Email: 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: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS), Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Industry Employment in the Public Sector
PROPOSED RULE NUMBER: 2017-P094
BRIEF SUMMARY: To update the rule to incorporate changes to the Federal Occupational Safety and Health Administration regulations, 29 CPR, Part 1910.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: Friday, September 1, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOL RULEMAKING LIAISON: Jeanne St. Pierre Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Jeanne.StPierre@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS  §565
SUBSTANTNE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/labor/ .

AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS), Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 3, Occupational Safety and Health Standards for Construction Industry Employment in the Public Sector
PROPOSED RULE NUMBER: 2017-P095
BRIEF SUMMARY: To update the rule to incorporate changes to the Federal Occupational Safety and Health Administration regulations, 29 CPR, Part 1926.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: Friday, September 1, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOL RULEMAKING LIAISON: Jeanne St. Pierre Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Jeanne.StPierre@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS  §565
SUBSTANTNE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/labor/ .

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 #08-17
ADOPTED RULE NUMBER: 2017-111 (Emergency)
CONCISE SUMMARY: Minimum August 2017 Class I price is $19.97/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $24.19/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: July 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. Email: Tim.Drake@Maine.gov .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTED RULE NUMBER: 2017-112 (posted last Wednesday)

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Unified Special Education Regulation Birth to Age 20
ADOPTED RULE NUMBER: 2017-113 (Final adoption, major substantive)
CONCISE SUMMARY:
1. Inserts the requirement that the general education interventions under Section III of the rule must be included in the data collected by the IEP Team when the team uses a process based on the child’s response to scientific, research-based intervention; and
2. Removes the limitation that the psychological processing data from standardized measures to identify contributing factors must be considered only as available and as determined to be relevant by the child’s IEP team.
EFFECTIVE DATE: August 25, 2017
AGENCY CONTACT PERSON: Janice E. Breton, Director of Special Services, Maine Department of Education, 111 Sewall Street - 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6676. Email: Janice.Breton@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULEMAKING LIAISON: Jaci.Holmes@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: Ch. III Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER: 2017-114 (Final adoption, major substantive)
CONCISE SUMMARY: The Department seeks to finally adopt these major substantive changes to the reimbursement rates in Ch. III Section 29. Pursuant to 5 MRS  §8072, the Department submitted its provisionally adopted rule changes to the Legislature for review and authorization for final adoption. On May 31, 2017 the Legislature enacted “Resolve, Regarding Legislative Review of Portions of Chapter 101: MaineCare Benefits Manual, Chapter III, Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder, a Late-filed Major Substantive Rule of the Department of Health and Human Services” (Resolves 2017, Ch. 10 (effective May 31, 2017), which authorized the Department to finally adopt the provisionally adopted rule changes, as submitted (i.e., without any changes). The law included authority for the Resolve to take place immediately, given the Legislature’s emergency findings, and thus it took effect upon the Governor’s signature.
Most of the changes finally adopted in Section 29 were made pursuant to PL 2015, Ch. 477, An Act to Increase Payments to MaineCare Providers That Are Subject to Maine’s Service Provider Tax (eff. April 15, 2016). Through this law, the Legislature required a 1% increase in reimbursement for certain services to offset an increase in the service provider tax, which took effect January 1, 2016.
In addition, the Department seeks to permanently adopt new codes and rates for Work Support provided to multiple members at one time. The Department is making these changes to allow for providers to bill for different group sizes.
On September 28, 2016, the Department implemented the above-described changes through emergency major substantive rulemaking. Pursuant to 5 MRS  §8073, emergency major substantive rules are effective for up to 12 months, or until the Legislature has reviewed and approved of the provisionally adopted rule. In addition, pursuant to 22 MRS  §42(8), these emergency rule changes are effective retroactive to April 15, 2016.
Additional changes to Ch. III Section 29 that were not deemed emergency but were part of the proposed rule and the provisionally adopted rule include:
o Updating Section 1400(3), reducing the reimbursement for respite care to provide that the amount billed for any single day cannot exceed a per diem rate of $90.00. The Department seeks to implement this change to make the rule consistent with the rates that are already in Appendix I and to be consistent with MIHMS.
o Renaming of the Section from “Allowances for Support Services for Adults with Intellectual Disabilities or Autistic Disorder” to “Allowances for Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder.” The Department seeks to implement this change as this is the current terminology used in the DSM 5.
o Various clerical and formatting changes.
These finally adopted major substantive rule changes will be effective 30 days after the rule is filed with the Secretary of State.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: August 26, 2017
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Children’s and Waiver Services Program Manager, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4048. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Ginger.Roberts-Scott@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations: 36.01, Herring Management Plan
ADOPTED RULE NUMBER: 2017-115 (Emergency)
CONCISE SUMMARY: Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). During the Days Out Conference Meeting on July 26, 2017, the Atlantic Herring Section determined that landing days for all vessels issued a Federal Limited Access Atlantic Herring Category A Permit for Management Area 1A, Sub-ACL Trimester 2 (June 1 – September 30) shall be five consecutive days, beginning on 6:00 p.m. Sunday to 6:00 p.m. Friday and are limited to landing 680,000 lbs. (17 trucks) weekly; and, may transfer to only one carrier vessel per week up to 120,000 lbs. All vessels issued a Federal Limited Access Atlantic Herring Permit Category C may fish and land Atlantic herring seven days a week and are restricted to the transfer of Atlantic herring to one carrier vessel only and no more than 120,000 lbs. per week. All harvesters issued a State Commercial Pelagic and Anadromous License may fish and land Atlantic herring on seven days a week in territorial waters and are restricted to the transfer of Atlantic herring to one carrier vessel only and no more than 120,000 lbs. per week. Harvester vessels may transfer catch to another harvester vessel while at-sea. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6:00 p.m. to 6:00 p.m.). The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS  §6171(3)(C).
EFFECTIVE DATE: July 29, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .