May 2, 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 26, Producer Margins
PROPOSED RULE NUMBER: 2018-P089
BRIEF SUMMARY: The principal reason for this rule-making is to fulfill the Milk Commission’s mandate a study and update the cost of producing milk in Maine every three years. The study has been completed and the findings now have to be accepted and put into effect. The Maine Dairy stabilization program also uses this study to adopt new target prices for the four ranges of production.
PUBLIC HEARING: May 24, 2018, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: June 8, 2018
MMC CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Tim Drake, Maine Milk Commission - Agriculture, 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):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

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 #06-18
PROPOSED RULE NUMBER: 2018-P090
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: May 24, 2018, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: May 24, 2018
MMC CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Tim Drake, Maine Milk Commission - Agriculture, 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):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

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. II & III Section 107, Psychiatric Residential Treatment Facilities (New)
PROPOSED RULE NUMBER: 2018-P091
CONCISE SUMMARY: This rulemaking intends to create a new section of policy describing Psychiatric Residential Treatment Facilities (PRTF). The rule addresses the PRTFs’ covered services, policy and procedures, standards, and reimbursement methodology. This service is intended to address a current gap in Maine’s offering of behavioral health services to youth under the age of 21. The PRTF is being created to specifically address a high need to support Maine’s most vulnerable youth, including: youth in out of state placement, youth stranded in psychiatric hospitalization with no safe discharge option, youth stranded in emergency rooms with no safe placement, and incarcerated youth in need of mental health treatment. PRTFs are federally regulated facilities by the Centers for Medicare and Medicaid Services (CMS) via 42 CFR 441 Subpart D and 42 CFR 483 Subpart G.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: Monday, May 21, 2018 at 9:00 a.m., Augusta Civic Center – Piscataquis/Sagadahoc Rooms, 76 Community Drive, Augusta, Maine 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before May 14, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on May 31, 2018.
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Dean Bugaj, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4045. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Dean.Bugai@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42, 3173; 5 MRS §8054
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): developed pursuant to Federal Regulation 42 CFR 441 Subpart D and 42 CFR 483 Subpart G.
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health & Human Services (DHHS), Maine CDC - Health Inspection Program
CHAPTER NUMBER AND TITLE: Ch. 201, Administration and Enforcement of Establishments and Body Artists Licensed and Regulated by the Department
PROPOSED RULE NUMBER: 2018-P092
BRIEF SUMMARY: The Department of Health and Human Services Maine CDC (The Department) is proposing a number of changes necessary to continue to effectively and efficiently operate the Health Inspection Program. The Department proposes to add new definitions, remove obsolete definitions, add body artist licensing and application requirements and enforcement protocols, further specify requirements for Certified Food Protection Managers, clarify the process for delegated municipalities performing inspection and licensing duties, remove menu labeling requirements, further explain licensing procedures and requirements, update descriptions of licensing violations, penalties and hold orders, clarify inspection frequencies and clarify appeal rights and procedures.
PUBLIC HEARING: Tuesday, May 22, 2018 - 9:00 a.m., 286 Water Street, 1st Floor, Conference Room 12, Augusta ME 04333
COMMENT DEADLINE: June 1, 2018
CONTACT PERSON FOR THIS FILING: Andrew Hardy, 286 Water Street, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-4490. Email: Andrew.Hardy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: This rule change poses no fiscal impact to counties or municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 2496, 1551-A; 32 MRS §§ 1242, 4251, 4313, 4326
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
MAINE CDC WEBSITE: www.maine.gov/dhhs/mecdc/rules/index.shtml .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .
PROGRAM WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/el/index.htm .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 – Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 36 (New), Children’s Residential Care Facilities Licensing Rule
PROPOSED RULE NUMBER: 2018-P093 thru P097
BRIEF SUMMARY: The Department is proposing the repeal of four existing children’s residential care licensing rules, and replacing those rules with one single rule: 10-144 Ch. 36, Children’s Residential Care Facilities Licensing Rule, to provide a comprehensive, one-stop licensing rule for all children’s residential care facilities in Maine. This proposed rule governs the licensing requirements for a children’s residential treatment facility. The rules proposed for repeal and replacement include: 10-148, 14-193, 14-118, 14-193: Ch. 18, Rules for the Licensure of Residential Child Care Facilities; and 10-148 Ch. 18-A, Rules for the Licensure of Private-Non-Medical Institutions-Residential Child Care Facilities.
This proposed rule introduces a new service: a children’s residential care facility with secure capacity and psychiatric treatment (Level 2 Facility), which would allow residents to receive psychiatric and intensive mental health services in a secure facility that is not in a hospital. By expanding children’s residential facilities to this service, it would address the problem of children being treated in a facility that does not match their level of need or being sent out of Maine for treatment.
This proposed rule also updates and clarifies language to reflect current practice in application and licensing requirements, since some of the proposed rules for repeal were not updated for many years. The rule is structured to more clearly explain requirements for staff training, policies, reporting, maintaining records and caring for residents.
PUBLIC HEARING: Monday, May 21, 2018 - 1:00 p.m., Augusta Civic Center, Piscataquis/Sagadahoc Room, 76 Community Drive, Augusta, Maine
COMMENT DEADLINE: Thursday May 31, 2018. Any person who requires special accommodations to participate in the public hearing is asked to notify the person named below as the contact for this filing within 7 days of the date of the scheduled hearing.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Andrew Hardy, 286 Water Street, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-4490. Fax: (207) 287-2887. TTY: Call 711 (Maine Relay). Email: Andrew.Hardy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: 
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §8102 et seq., 22 MRS §8104, 5 MRS §8001
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
Maine CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/index.shtml .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.04, Lobster Trawl Limits
PROPOSED RULE NUMBER: 2018-P098
BRIEF SUMMARY: Initiated by the Zone B Council in accordance with 12 MRS §6447, this proposed rule would limit the number of lobster traps on a trawl to a maximum of five within the waters of Zone B from the six-mile line to the 25675 line. The proposal was supported by over 2/3rds of Zone B license holders in a referendum conducted in February 2018. On April 25, 2018 the Zone B Council voted unanimously to recommend to the Commissioner to advance this proposal to rule-making.
PUBLIC HEARING: May 22, 2018 - 5:00 p.m., Ellsworth High School. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: June 1, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 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 §§ 6446(2), 6447
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: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board
CHAPTER NUMBER AND TITLE: Ch. 501, Kim Wallace Adaptive Equipment Loan Program Rule
PROPOSED RULE NUMBER: 2018-P099
BRIEF SUMMARY: The proposed rule repeals and replaces the existing Ch. 501, which sets the operating procedures for the Adaptive Equipment Loan Program (AELP). The proposed changes will streamline AELP operations; direct the AELP Board to adopt procedures, guidelines for applications and underwriting, and interest rates; and delete from the rule most details of such procedures, guidelines, and interest rates. Also, the proposed changes will allow the AELP Board to deposit the AELP Fund with a fund administrator other than the Finance Authority of Maine.
DETAILED SUMMARY: The proposed rule will repeal and replace the rule 94-178 Ch. 501, which regulates the operation of the Adaptive Equipment Loan Program (AELP). The proposed changes help implement the 2016 amendments to 10 MRS §§ 372-377 pursuant to LD 1549. The current rule 94-178 Ch. 501 is available at http://www.maine.gov/sos/cec/rules/90/94/178/178c501.doc .
In Section 1, "Definitions", defined terms are rearranged into alphabetical order and renumbered. Definitions of some common terms are deleted.
Current paragraph 1.F., where the term “authority” is defined to mean the Finance Authority of Maine, is deleted. A new paragraph (1.J.) adds a definition for “fund administrator,” the state agency where the AELP Fund is deposited.
Paragraph 4.C. is changed to reduce the maximum aggregate amount for individual outstanding loans from $250,000 to $100,000.
Current paragraph 8.B., which sets the interest rate for loans, is replaced by a new paragraph (6.B.), which says the AELP Board will set the interest rate annually.
Current Sections 5, 6, 7, 7-A, 9, 10 and 13, which describe detailed operational procedures, are largely deleted or replaced. New Section 5 says the AELP Board can delegate to a financial service provider the loan approval, denial, and commitment based on underwriting guidelines approved and reviewed annually by the AELP Board.
Current Section 15, “Request for Reconsideration”, is replaced by a new Section 10, which provides for appeals of loan denials made by the financial services provider.
COMMENT DEADLINE: June 1, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Nina McLaughlin, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS §371
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPOWER LOANS WEBSITE: https://mpowerloans.org/ .

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 #05-18
ADOPTED RULE NUMBER: 2018-068 (Emergency)
CONCISE SUMMARY: Minimum May 2018 Class I price is $17.69/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $3.26/cwt. handling fee for a total of $23.82/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 29, 2018
MMC CONTACT PERSON / RULEMAKING LIAISON: Tim Drake, Maine Milk Commission - Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: 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. 382 (New), Wind Energy Act Standards
ADOPTED RULE NUMBER: 2018-069
CONCISE SUMMARY: This rule provides guidance by clarifying and explaining the current review process and standards for five specific aspects of proposed wind energy projects under the Wind Energy Act (WEA). The rule provides detailed guidelines for the Department’s analysis of a proposed wind energy project’s scenic impacts to protected resources; establishes standards for shadow flicker and safety setbacks; clarifies the statutory description of tangible benefits from a wind energy project and establishes a reporting requirement for benefits; and establishes a formal structure and process for decommissioning a wind energy project, including funding requirements.
EFFECTIVE DATE: April 30, 2018
DEP CONTACT PERSON: Erle Townsend, Department of Environmental Protection, 17 State House Station, Augusta ME 04330-0017. Telephone: (207) 287-6115. Email: Erle.Townsend@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02, Migratory Birds
ADOPTED RULE NUMBER: 2018-070
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds. These rules will protect migratory game birds from over-harvest by setting limitations. Based on the status of the North American Population (NAP) of Canada geese, there has been a change to the regular goose season from 70 to 60 days and a reduction in the daily bag and possession limit from 3 to 2 and 9 to 6. Please contact the agency rulemaking contact person for a complete copy of the adopted rules.
EFFECTIVE DATE: May 5, 2018
AGENCY CONTACT PERSON / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: http://www.maine.gov/ifw/ .