April 25, 2018

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: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 117, Source Surveillance (Amendments)
Ch. 121, Emission Limitations and Emission Testing of Resource Recovery Facilities (Amendments)
Ch. 137, Emission Statements (Amendments)
Ch. 140, Part 70 Air Emission Licensing Regulations (Amendments)
Ch. 146, Diesel-Powered Motor Vehicle Emissions Standards (Amendments)
Ch. 148, Emissions from Smaller-Scale Electric Generating Facilities (Amendments)
Ch. 150, Control of Emissions from Outdoor Wood Boilers (Amendments)
Ch. 164, General Permit for Concrete Batch Plants (Amendments)
Ch. 165, General Permit for Class IV-A Incinerators (Amendments)
Ch. 167, Greenhouse Gas Emissions Standards (New Rule)
Ch. 168, Sulfur Hexafluoride Emissions Standards (New Rule)
Ch. 305, Natural Resources Protection Act Permit by Rule Standards (Amendments)
PROPOSED RULE NUMBERS: 2018-P065 thru P076
BRIEF SUMMARY: On January 24, 2018, the Department of Environmental Protection received a citizen petition (Citizen Petition for Rulemaking to Require the Maine Department of Environmental Protection to Fulfill its Statutory, Constitutional, and Public Trust Obligations to Reduce Greenhouse Gas Emissions Along a Trajectory that is Based on the Best Climate Science and that will Reduce the Impacts of Climate Change in Maine (GHG Petition)) to initiate rulemaking pursuant to 5 MRS §8055. The GHG Petition was signed by 696 registered voters, and the petition was verified as required by Maine law. Therefore, pursuant to 5 MRS §8055, the Department is required to initiate rulemaking proceedings.
The Petitioners’ proposal: (1) creates a new rule establishing emission standards for greenhouse gas emissions from air contaminant sources; (2) establishes a new rule addressing sulfur hexafluoride (SF6) emissions from gas-insulated electrical switch gear; and (3) amends 10 existing rules to incorporate greenhouse gas standards.
Copies of these proposed rules are available upon request by contacting the agency contact person or on the Department of Environmental Protection rulemaking website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, email 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: May 15, 2018 - 1:00 p.m., DEP Response Training Room, 4 Blossom Lane (AMHI Complex), Augusta, ME
COMMENT DEADLINE: June 29, 2018 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DEP RULEMAKING LIAISON Jeffrey Crawford, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. Email: Jeff.S.Crawford@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: This proposal may have both direct and indirect fiscal impacts on municipalities or counties. Direct fiscal impacts could include increased licensing and/or permitting costs, and increased compliance costs. Indirect fiscal impacts associated with the costs of goods and services purchased or consumed may also be incurred by municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8055; 38 MRS §§ 341-A(1), 575, 576, 581, 582, 584, 585, 585-A, 585-B, 585-C, 590, 601-B, 1301 et seq., and 1310-N
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP WEBSITE: http://www.maine.gov/dep/ .

AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2018-P077
BRIEF SUMMARY: The Land Use Planning Commission is proposing routine maintenance of Ch. 10, Land Use Districts and Standards. For organizational purposes, the proposal has been divided into three parts:
Part 1 includes responses to two laws in 2017 that affect the Commission, as well as other revisions that cover general housekeeping matters, update references, and clarify existing provisions.
Part 2 of this rulemaking updates the Commission's standards relating to protected natural resources to ensure consistency, as required in statute, with the goals of the Natural Resources Protection Act (NRPA). The NRPA-related updates clarify the existing practice for rezoning areas that include wetlands, ensure consistent application of existing standards to wetland alterations in all zoning subdistricts, establish that filling and grading an acre or more in the General Management Subdistrict (M-GN) requires a permit, and contain other miscellaneous revisions to improve clarity and consistency with other related statutes and rules.
Part 3 includes revisions that correct errors and update references in Appendix C, “Alphabetical List of Lakes Showing Wildlands Lake Assessment Findings”. Revisions include updating minor civil division and waterbody names, as well as correcting certain management classifications and resource values for some waterbodies.
PUBLIC HEARING: not applicable; a hearing has not been scheduled.
COMMENT DEADLINE: Written comments must be submitted on or prior to May 29, 2018; Written rebuttal comments must be submitted on or prior to June 5, 2018.
CONTACT PERSON FOR THIS FILING: Stacie R. Beyer, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 557-2535. Email: Stacie.R.Beyer@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §685-A(3), (7-A), and §685-C(5)(A); 38 MRS §480-E-1; PL 2017 ch. 89; PL 2017 ch. 236
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
LUPC WEBSITE: www.maine.gov/doc/lupc/
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS), Board of Occupational Safety and Health (BOSH)
PROPOSED RULE NUMBERS: 2018-P078, P079, P080
CHAPTER NUMBERS, TITLES AND BRIEF SUMMARIES:
Ch. 4, Occupational Safety and Health Standards for Firefighting in the Public Sector. The purpose of this chapter is to provide clarification and identify the minimum Occupational Safety and Health Standards for Firefighting in the Public Sector.
Ch. 6, Recording Occupational Injuries and Illnesses in the Public Sector.
The purpose of this chapter is to incorporate by reference rules governing the recording of occupational injuries and illnesses as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1904, most recently amended on March 1, 2018.
Ch. 7, Minimum Driver Training Requirements for Fire Apparatus. This standard identifies the minimum job performance requirements for career and volunteer fire fighters who drive fire apparatus in order to reduce accidents, injuries and loss of fire equipment.
PUBLIC HEARING: no hearing scheduled
COMMENT DEADLINE: May 25, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DOL RULEMAKING LIAISON: Nina McLaughlin, Department of Labor, 54 State House Station, Augusta, ME 0433-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THESE RULES: 26 MRS §565
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOL WEBSITE: http://www.maine.gov/labor/ .

AGENCY: 10-146 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 4, Public Access to Vital Records (Repeal and replace), and Ch. 8, Release of Restricted Vital Statistics Data (Repeal)
PROPOSED RULE NUMBERS: 2018-P081, P082
BRIEF SUMMARY: The Department of Health and Human Services is proposing to repeal Ch. 4, Public Access to Vital Records, and Ch. 8, Release of Restricted Vital Statistics Data, and replace the two chapters by consolidating both into the proposed Ch. 4 entitled Disclosure of Vital Statistics Data, Reports and Vital Records.
The consolidation of both chapters clarifies the protocol for public access to and the specific release of all vital statistics data, reports and vital records retained by the Department of Health and Human Services. This rule is intended to better serve the public and municipal clerks through this consolidation and clarification. The proposed rule incorporates regulation for electronic submission, collection, preservation, certification, verification and the maintenance of the security and integrity of vital statistics data, reports and records.
PUBLIC HEARING: May 15, 2018 - 9 a.m., DRVS Conference Room, 220 Capitol Street, Augusta, Maine 04333-0011. The Department requests that anyone requiring special accommodations to participate in the public hearing, contact the person listed below for this filing by May 18, 2018 .
COMMENT DEADLINE: May 28, 2018
CONTACT PERSON FOR THIS FILING: Bridget Bagley, Maine CDC Policy Analyst, 286 Water Street – 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-9394. Email: Bridget.Bagley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: The proposed rule clarifies standards for those requesting access to vital statistics data, reports and vital records from the Department. This rule includes procedures and requirements for municipal clerks to ensure the proper release of vital statistics data, reports and vital records, thus eliminating the possibility of releasing confidential and identifying information. The Department does not anticipate this rule will have any change in fiscal impact for municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 2701, 2706
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/index.shtml .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 16, Low-Income Housing Tax Credit Rule (Repeal and replace)
PROPOSED RULE NUMBER: 2018-P083
BRIEF SUMMARY: The rule repeals and replaces the current Ch. 16, Low-Income Housing Tax Credit Rule. The rule is the qualified allocation plan for allocating and administering the federal low-income housing tax credit in the State of Maine, including the State’s housing credit ceiling for calendar year 2019, as required pursuant to Section 42 of the Internal Revenue Code.
DETAILED BASIS STATEMENT / SUMMARY: This rule is the qualified allocation plan for allocating and administering federal low income housing tax credits (“LIHTC”) in the State of Maine, which MaineHousing, as the State’s designated housing credit agency, is required to adopt pursuant to Section 42 of the Internal Revenue Code and the above-referenced sections of the Maine Housing Authorities Act. This rule replaces the prior rule and includes the following changes:
* Cost containment cap changed from a Total Development Cost/Unit to a Total Development Cost Index with a per bedroom cost factor.
* Cap for New Construction projects changed to one category including family projects and non-family projects.
* Upper and lower limits for the New Construction cost containment category adjusted consistent with the new cap.
* Telemed requirement changed to allow for a plan for how Project will provide telemedicine services rather than separate room.
* High Opportunity Areas take into account quality education, healthcare, services, and economic activity.
* Monitoring Fee increased from $800 to $1,000 per credit unit.
* Self-scoring’s impact on scoring order eliminated.
* Acceptance of HUD Section 811 Project Rental Assistance moved from scoring criteria to threshold requirement.
* Points adjusted to accommodate removal of criteria and slightly greater/lessor focus in specific areas.
* Service Center Communities list updated.
* Allows for two consecutive years of submitting required reports past the deadline before losing of points.
PUBLIC HEARING: A public hearing will be held on Tuesday, May 15, 2018 at 9:30 a.m. at Maine State Housing Authority, State House Station #89, 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 communication auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, May 25, 2018 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MAINEHOUSING 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. Maine Relay 711. Email: 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); 30-A MRS §4741(14); Section 42 of the Internal Revenue Code of 1986, as amended
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above.
MAINEHOUSING WEBSITE: http://www.mainehousing.org/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 323, Maine General Assistance Manual, Rule #20P
PROPOSED RULE NUMBER: 2018-P084
BRIEF SUMMARY: Rule #20P is being proposed to repeal and replace the Maine General Assistance (GA) Policy Manual. The majority of the content is the same, with changes primarily to its structure and organization as well as the removal of provisions that had no legal affect, such as training examples and certain rules and definitions that were duplicative of statute.
Legislation not previously incorporated into rule (but already applied in practice by the Department) is also included in the proposed rule. Specifically: the penalties for false representation were amended as per LD 722, and they have been updated in this rule. Additionally, effective July 1, 2015 the General Assistance reimbursement rate was changed in statute to 70% of direct costs. Previous rates were tied to a spending threshold based on the valuation of the municipality. All policy related to previous rates and valuation was removed. The reimbursement reporting schedule had been tied to the valuation threshold. The rule now requires a municipality to receive approval from the Department to change their reporting schedule.
The revised manual also clarifies several pieces of policy that had previously been, or potentially could be, misinterpreted. Specifically: “Presumptive eligibility” was clarified to allow shelters to provide (only) one night of stay prior to a client applying for General Assistance; the manual makes more clear that administrative costs are not reimbursable; and the manual defines a “new applicant” as one that has not applied for assistance in the last 12 months. The definition of “new applicant” now matches the MMA Model Ordinance.
The rule also makes policy changes designed to improve the administration of the program and to ensure program integrity. Specifically, it adds a requirement for municipalities to retain documentation verifying citizenship and asylum seeking status for a minimum of three years; it updates the section regarding Department-imposed penalties on municipalities to align with statute and provide a clear road map and set of guidelines for the Department to follow in determining whether and in what amount to impose statutory penalties for municipal non-compliance with GA statute or regulation.
Finally, the rule makes changes to fill in gaps or address issues that had arisen from the previous version of the manual. Specifically: Court-ordered alimony was added as an allowable expense; the manual now clarifies the difference between and defines “available” and “potential” resources; and the manual added MaineCare copays as an acceptable expenditure if deemed necessary by the municipal General Assistance Administrator.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None.
COMMENT DEADLINE: May 25, 2018
CONTACT PERSON FOR THIS FILING: Jessica Drenning, 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. TT Users Call Maine Relay – 711. Email: Jessica.Drenning@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §42(1)
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, MC Rule #287 (FPL-based Changes)
PROPOSED RULE NUMBER: 2018-P085
BRIEF SUMMARY: This rulemaking removes FPL-based charts and references from the manual and replaces figures with the formulas used to determine the values. The rulemaking also includes formatting changes within the charts and manual. The reason for removing FPL figures from the manual is to avoid the need for annual FPL rule changes, conserving the Department’s resources.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: May 25, 2018
CONTACT PERSON FOR THIS FILING: Esther Bullard, MaineCare Program Manager, Department of Health & Human Services, Office for Family Independence, 19 Union Street, Augusta, ME 04333-0011. Telephone (207) 624-4178. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Esther.Bullard@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42(1), 3173
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 24, Importation of Live Marine Organisms
PROPOSED RULE NUMBER: 2018-P086
BRIEF SUMMARY: This rule-making proposes to amend Ch. 24 to make clarifying changes, including improving and creating definitions as necessary, using consistent terminology, and providing updates throughout the chapter. The rule-making also allows the Commissioner, in consultation with the Aquatic Animal Health Technical Committee, to issue permits to an approved quarantine facility from facilities that do not otherwise meet the regulation requirements, under certain limited circumstances. Transfer from a quarantine facility would be permitted only if post-import testing provides satisfactory evidence of freedom from pathogens of regulatory concern for which evidence of disease freedom of the import was not satisfied. The proposed rule allows for consideration of evidence other than direct testing of lots to provide evidence of disease freedom from Ceratomyxosis, Whirling disease, and PKD if importation will be only in the form of embryos that have been iodine disinfected before and immediately after import, prior to the time of introduction to the waters of the receiving facility.
PUBLIC HEARING: May 16, 2018 at 2:30 p.m., DMR Conference Room, Marquardt Building, 32 Blossom Lane, Augusta. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: May 29, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). DMR Rulemaking Email: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6071
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.70, Legal Lobster Tails
PROPOSED RULE NUMBER: 2018-P087
BRIEF SUMMARY: This proposed rulemaking would provide minimum (2.7 oz) and maximum (14 oz) weights for legal lobster tails in the shell for sale in Maine. Currently, the only measurement provided is the legal length of tail meat that has been removed from the shell. Providing a weight for tails in the shell will ensure that all retail and wholesale establishments are buying and selling only tails that are from lobsters that are of legal size in Maine.
PUBLIC HEARING: May 16, 2018 at 2:00 p.m., DMR Conference Room, Marquardt Building, 32 Blossom Lane, Augusta. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: May 29, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). DMR Rulemaking Email: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6851-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 40, Smelt Regulations: 40.12, Taking of Smelts from the Coastal Waters of Maine
PROPOSED RULE NUMBER: 2018-P088
BRIEF SUMMARY: This proposed rulemaking would amend the smelt regulations for Zone One (1), which is the area from the New Hampshire border to Owl’s Head Light. In this Zone, the taking of smelt is currently allowed only by hook and line through the ice. This proposed regulation would also allow the taking of smelt in the fall (October 1 – December 31) by hook and line only. The existing four quart limit would apply.
PUBLIC HEARING: May 16, 2018 at 3:00 p.m., DMR Conference Room, Marquardt Building, 32 Blossom Lane, Augusta. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: May 29, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). DMR Rulemaking Email: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6171
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

ADOPTIONS

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 Autism Spectrum Disorder
ADOPTED RULE NUMBER: 2018-062 (Final adoption, major substantive)
CONCISE SUMMARY: The Department is adopting this rule in accordance with PL 2017 ch. 284 (An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2018 and June 30, 2019), §§ ZZZZZZZ-9, MMMMMMM-2, which provided funding to increase reimbursement rates for 16 procedure codes in Ch. III Section 29, and directed the Department – via major substantive rulemaking – to increase the rates for the specific procedure codes in equal proportion to the funding provided. The Department has also increased the rate for a 17th procedure code in order to create consistency among similar services within the waiver. These rates will be effective retroactive to July 1, 2017. Funding for these rate increases was only appropriated for SFY18. The Legislature did not appropriate additional funding for these rates beyond June 30, 2018; therefore, rates increased for SFY18 will revert to their current levels (pre-July 1, 2017) on July 1, 2018.
In accordance with Part III Section TTTT-1 of the Act and 5 MRS §§ 8054, 8073, the Department adopted an emergency major substantive rule effective October 1, 2017, and retroactive to July 1, 2017. The Department then engaged in proposed rulemaking for Ch. III Section 29, pursuant to 5 MRS §8072(1), provisionally adopting a rule on January 12, 2018, to make the emergency changes permanent. The Department submitted the provisionally-adopted rule to the Legislature, which authorized adoption of the rule pursuant to Resolves 2017 ch. 33. This emergency legislation was approved by the Governor and took effect on March 7, 2018. The October 1, 2017 Emergency Major Substantive Rule will expire upon the effective date of this rule — May 13, 2018.
In creating the rates for the codes covered by this rate increase, the Department examined utilization of these services, and then calculated rates to ensure parity between Section 29 and Section 21, to lessen administrative complications for providers.
In addition, the Department has added two procedure codes for Shared Living services. The Department adopted an emergency rule and subsequently a final adopted rule (effective December 28, 2017) for Ch. II Section 29 to add this benefit as a covered service for members. These rates are consistent with the rates for the same services under Section 21, and include increased rates for SFY18 that will revert to their current levels (pre-July 1, 2017) pursuant to PL 2017 ch. 284.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: May 13, 2018
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6951. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Rachel.Posner@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 520, Tour, Charter and Water Taxi Services, and Unscheduled Freight Services in Casco Bay
ADOPTED RULE NUMBER: 2018-063
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 520, the rule that governs unscheduled tour, charter, water taxi, and unscheduled freight services in Casco Bay. The revised rule amends the definition of charter service to address certain circumstances under which waivers have been granted for the provision of charter service, and promotes efficiency in the submission and review of applications through the Commission’s electronic case management system (CMS).
EFFECTIVE DATE: April 25, 2018
AGENCY CONTACT PERSON / PUC RULEMAKING LIAISON: Jamie A. Waterbury, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
PUC WEBSITE: http://www.maine.gov/mpuc/ .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 502, Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams
ADOPTED RULE NUMBER: 2018-064 (Final adoption, major substantive)
CONCISE SUMMARY: The Department has amended Ch. 502 to add the following waterbodies to the listings of Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams:
Papoose Pond, Waterford
Granger Pond, Denmark
Moose Pond, Bridgton
Georges Pond, Franklin
The Basin, Auburn and Mud Pond, Turner
Kennedy Brook, Augusta
Whitney Brook, Augusta
Sucker Brook, Bangor and Hampden
Thatcher Brook, Biddeford
Dole Brook, Pittsfield
Goodall Brook, Sanford
Unnamed tributary to Androscoggin River, Topsham.
The Department has deleted the following waterbodies from Ch. 502’s listings of Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams:
Sherman Lake, Newcastle
Mattanawcook Stream, Lincoln
Mill Stream, Winthrop
Brown Brook, Limerick.
EFFECTIVE DATE: May 23, 2018
AGENCY CONTACT PERSON / DEP RULEMAKING LIAISON: Jeff Crawford, DEP, 17 State House Station Augusta, ME 04333-0017. Telephone: (207) 287-7647. Email: Jeff.S.Crawford@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations: 34.07, Atlantic Halibut (Hippoglossus hippoglossus)
ADOPTED RULE NUMBER: 2018-065 (Emergency)
CONCISE SUMMARY: In order to remain within the State Waters Sub Annual Catch Limit, and to prevent the Allowable Biological Catch from being exceeded and Accountability Measures being triggered, Maine is taking this emergency action to reduce catch in the state waters halibut fishery by the following measures: 1) reducing the length of the state waters halibut season by ten days at each end of the season (resulting in a season of May 11 - June 20); 2) reducing the number of hooks from 450 to 250; and 3) imposing a prohibition on possession of halibut by those license holders who have been issued state commercial halibut tags when operating seaward of the territorial waters boundary. This action is intended to protect and conserve the halibut resource in compliance with the federal management plan. For these reasons, the Commissioner has determined that it is necessary to take this emergency action under 12 MRS §6171(3)(C).
EFFECTIVE DATE: April 23, 2018
AGENCY CONTACT PERSON: Amanda Ellis (207-624-6573), Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. FAX: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41, Menhaden
ADOPTED RULE NUMBER: 2018-066
CONCISE SUMMARY: This rulemaking establishes the management framework for the Atlantic menhaden fishery in territorial waters, including the state allocated fishery, the episodic event fishery, and an incidental catch/small scale fishery. The state allocated fishery will operate under the quota assigned to Maine by the Atlantic Menhaden Management Board of the Atlantic States Marine Fisheries Commission (ASMFC) until such time that the quota is near to or is achieved. Notification will be then given that this fishery is closed. The episodic event fishery may be subsequently opened by notice to license holders, provided there is sufficient evidence of substantial resource remaining in territorial waters. Both the state allocation fishery and the episodic event fishery will operate under a daily landing limit of 120,000 lbs and a weekly landing limit of 160,000 lbs with one landing per day allowed for both catcher and carrier vessels. Additionally for both state allocation and episodic event fisheries, vessels may only fish for and land menhaden from territorial waters Monday through Thursday. Daily reporting of Atlantic menhaden landings will be required for both the state allocated and the episodic event fisheries. An incidental catch and small scale fishery will commence after the closure of the state allocated fishery, or a subsequent episodic event fishery, with a daily landing limit of 6,000 lbs under gear restrictions. All fish must be immediately stored in barrels or totes upon harvest. For both the state allocation and episodic event fisheries, a transfer at sea to a vessel utilizing menhaden as bait is considered a landing event. No transfer of fish at sea will be allowed under the incidental catch and small scale fishery.
EFFECTIVE DATE: April 28, 2018
AGENCY CONTACT PERSON: Amanda Ellis (207-624-6573), Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. FAX: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .