May 9, 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: 01-001 – Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 565, Nutrient Management Rules
PROPOSED RULE NUMBER: 2018-P100
BRIEF SUMMARY: These rules establish the standards for nutrient management plans required under 7 MRS §4204 for Maine farms, the process for certifying persons to write and approve nutrient management plans, the requirements for obtaining a livestock operations permit, and the procedures for implementing the requirements of the Nutrient Management Act. These rules establish the standards for compost management plans and the requirements for persons writing compost management plans.
DETAILED SUMMARY: The updated Ch. 565, Nutrient Management Rules, clarifies some provisions for the development of nutrient management plans and for the certification of nutrient management planning specialists, and establishes standards for the development of compost management plans and the requirements for persons developing compost management plans.
The updated rule:
* Adds definitions of “agricultural composting operation”, “compost”, “composting”, and “compost management plan”.
* Clarifies which farms and farming operations do not require a nutrient management plan.
* Clarifies the regulated residual status of wood ash, compost and Algefiber.
* Clarifies certification terms for certain nutrient management planning specialists.
* Specifies the qualifications of persons for siting and determining set-backs for permanent and temporary manure storage structures and field stacking pads.
* Specifies that the nutrient management plan must contain a routine carcass management plan, and a catastrophic carcass management plan for operations with 300 or more animal units.
* Specifies that soil-based carcass management sites must be approved by a Maine professional soil scientist or a Natural Resources Conservation Service soil scientist.
* Clarifies the qualifications of persons who develop or approve soil erosion control best management practices.
* Clarifies ownership of manure during transport from the farm of origin to the site where the manure is stored or utilized.
* Establishes that new farms or farming operations with no crop or livestock production history that are developing an initial nutrient management plan may estimate crop growth nutrient requirements and manure production by using specified publications.
* Specifies that the nutrient management plan update criterion of an increase of 50 or more animal units is changed to an increase of 15% or more in the number of animal units.
* Specifies farms that do not have a nutrient management plan, but request a variance to spread manure under the Winter Spreading Ban must use best management practices, approved by the Department, and that the operation must develop and implement a nutrient management plan if the operation is granted a variance for two or more consecutive years.
* Establishes that certain farms may be required to obtain a Livestock Operations Permit or a provisional Livestock Operations Permit if the Department determines that the operation has water quality or nutrient management deficiencies.
* Establishes criteria for closure of manure storage structures for farms that are ceasing operation.
* Establishes criteria for the development and implementation of compost management plans.
PUBLIC HEARING: None
COMMENT DEADLINE: June 8, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Mark F. Hedrich, DACF, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-7608. Fax: (207) 287-7548. Email: Mark.Hedrich@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 7 MRS ch. 747
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DACF WEBSITE: www.maine.gov/dacf .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 01-001 – Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 31, Rules for Operation of Potato Marketing Improvement Fund
PROPOSED RULE NUMBER: 2018-P101
BRIEF SUMMARY: This proposed rule amendment implements revisions made by 2017 PL ch. 6, which amended 7 MRS ch. 103, Article 1, §974-A. The law now states that for any project for which the total cost exceeds $150,000 (rather than the previous $50,000), no state loan may exceed 45% of the project cost. The law also now states that for any project for which the total cost is $150,000 or less (rather than the previous $50,000 or less), no state loan may exceed 55% of the project cost. This proposed rule amendment also changes what activities can be undertaken with Potato Marking Improvement funds, by creating the Support Facilities Loan Program and the Value Added Loan Program.
PUBLIC HEARING: no public hearing.
COMMENT DEADLINE: June 8, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Ron Dyer, DACF, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7574. Fax- (207) 287-7548. Email: Ron.Dyer@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 2017 PL ch. 6; 7 MRS ch. 103, Article 1-A; 10 MRS §1023-N
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DACF WEBSITE: www.maine.gov/dacf .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health & Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
RULE TITLE OR SUBJECT: Ch. 60 (New), Maine Background Check Center Rule
PROPOSED RULE NUMBER: 2018-P102
CONCISE SUMMARY: The proposed rule is intended to comply with the Maine Background Check Center Act (“the Act”) passed in 2015. This proposed rule would govern the use and operation of the Maine Background Check Center which operates an Internet-based system that specific employers must use to access criminal records and other background information. These employers must use these background checks to determine the eligibility of individuals to work in direct access positions serving vulnerable Mainers, including children, the elderly, dependent adults, and persons with disabilities.
PUBLIC HEARING: MaineCDC, 286 Water Street – Room 16, Augusta, ME - 9:00 a.m., May 31, 2018.
DEADLINE FOR COMMENTS: June 10, 2018.
AGENCY CONTACT PERSON: Jonathan Leach, Policy Analyst, Maine CDC – Policy and Compliance / Regulations and Enforcement, 286 Water Street - 8th Floor, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-9395. TTY: 711 (Maine Relay). Email: Jonathan.H.Leach@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS §9065
MaineCDC WEBSITE: https://backgroundcheck.maine.gov/DHHS/MBC/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@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 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER: 2018-071 (Final adoption, major substantive)
CONCISE SUMMARY: The Department is finally adopting this major substantive rule in accordance with PL 2017 ch. 284 sec. MMMMMMM-2. PL 2017 ch. 284 provides funding to increase reimbursement rates for 23 procedure codes in Ch. III Section 21. The legislation directed the Department to increase the rates for the specific procedure codes in equal proportion to the funding provided for that purpose. In addition to the rate increases required by PL 2017 ch. 284, the Department is also increasing the rate for a 24th procedure code to create consistency among similar services within the waiver. These increased rates will be effective retroactive to July 1, 2017. The Legislature did not appropriate additional funding for these rate increases beyond June 30, 2018; therefore, rates will revert to their current levels (pre-July 1, 2017) on July 1, 2018.
In creating the rates for the 24 codes, the Department examined utilization of these services, and then calculated rates to ensure parity between Section 21 and Section 29, to lessen administrative complications for providers.
On September 29, 2017, the Department adopted an emergency major substantive rule which increased reimbursement rates with a retroactive application date of July 1, 2017. The Department then engaged in proposed rulemaking for Ch. III Section 21, pursuant to 5 MRS §8072(1). On January 12, 2018 the Department provisionally adopted the rule. Subsequently, the Department submitted the provisionally adopted rule to the Maine State Legislature for its review, in accordance with 5 MRS §8072. The Maine State Legislature authorized final adoption of the January 12, 2018 provisionally adopted rule “only if in Section 2000 of the rule, relating to audit of services provided, the documentation requirement for staffing schedules per member is removed and replaced with a requirement that the documentation show the hours and the name of the direct care staff scheduled to work at the facility.” Resolves 2017 ch. 35 was approved by the Governor on March 26, 2018.
The final adopted major substantive rule makes the permanent change to Section 2000 as required by the Legislature.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: June 1, 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: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 205, Certification of Assessors
ADOPTED RULE NUMBER: 2018-072
CONCISE SUMMARY: Rule 205 (Certification of Assessors) has been updated to clarify and streamline the procedures related to the previously expanded levels of assessor certification, to institute a formal procedure for revocation of certifications, and to make other, housekeeping, changes. Certification and the continuing education of property tax assessors in the State of Maine is the responsibility of the Bureau. This rule governs the nature and timing of the certification examinations as well as the enforcement of the continuing education requirements required under 36 MRS §311.
EFFECTIVE DATE: May 7, 2018
AGENCY CONTACT PERSON: Justin Poirier, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5600. Email: Justin.L.Poirier@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULEMAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2018
ADOPTED RULE NUMBER: 2018-073
CONCISE SUMMARY: Maine Revenue Service has repealed and replaced Rule 202 (Tree Growth Tax Law Valuations – 2018). The replaced rule provides updated valuation rates for each forest type by region.
EFFECTIVE DATE: May 8, 2018
AGENCY CONTACT PERSON: Justin Poirier, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5600. Email: Justin.L.Poirier@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULEMAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 14, Education of Homeless Students
ADOPTED RULE NUMBER: 2018-074
CONCISE SUMMARY: This is a revision of the existing rule which defines a homeless student, outlines procedures for identifying and enrolling homeless students and for resolving disputes over their identification and educational placement, and assures access to appropriate educational services for homeless students consistent with the McKinney-Vento Homeless Assistance Act.
EFFECTIVE DATE: May 9, 2018
DOE CONTACT PERSON/ RULEMAKING LIAISON: Jaci Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .


AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 180, Performance Evaluation and Professional Growth Systems
ADOPTED RULE NUMBER: 2018-075 (Final adoption, major substantive)
CONCISE SUMMARY: This amendment revises Section 11 which involves educator involvement in developing, implementing and reviewing PEPG systems. Specifically, the peer review and collaboration piece has been enhanced to reflect peer support and feedback to include formative peer mentoring and coaching component for all educators new to the SAU and for conditionally certified educators. Secondly for all educators the peer support and feedback is intended for formative purposes only.
EFFECTIVE DATE: June 3, 2018
DOE CONTACT PERSON/ RULEMAKING LIAISON: Jaci Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .

AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
ADOPTED RULE NUMBER: 2018-076 (Final adoption, major substantive)
CONCISE SUMMARY: Under this rule amendment, candidates seeking Maine Clean Election Act funding could enter the names and addresses of people who had provided $5 by check or money order onto the Commission's online qualifying contribution service. The service would verify whether the contributors are registered to vote in the geographic area of the office sought by the candidate.
EFFECTIVE DATE: June 3, 2018
AGENCY CONTACT PERSON: Katie Feliciano, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135. Telephone: (207) 287-3024. Email: Katie Feliciano@Maine.gov .
COMMISSION WEBSITE: http://www.maine.gov/ethics/ .
COMMISSION RULEMAKING LIAISON: Jonathan.Wayne@Maine.gov .


AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 1, Home Mortgage Program Rule
ADOPTEDRULENUMBER: 2018-077
CONCISE SUMMARY: This replacement rule repeals and replaces in its entirety the current Home Mortgage Program Rule. The replacement rule does the following: (i) MSHA references are changed to MaineHousing; (ii) the new mortgage requirement is clarified to state that a homebuyer may not currently have a mortgage on the residence; (iii) mobile home security requirements are updated to comply with current law; (iv) the requirement for fidelity insurance on condominiums is changed from condominiums with greater than 30 units to condominiums with greater than 20 units; (v) language allowing MaineHousing to limit mortgage insurers by type of mortgage insurer is added; (vi) the section on application requirements for lenders to participate in our single family requirements is expanded; (vii) the Servicing Agreement is referenced in the section requiring indemnification from a Qualified Servicer.
EFFECTIVE DATE: May 9, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600. Maine Relay 711. Email: LUhl@MaineHousing.org .
MAINEHOUSING WEBSITE: http://www.mainehousing.org/ .


AGENCY: 99-626 - Maine Rural Development Authority
CHAPTER NUMBER AND TITLE: Ch. 3 (New), Rural Manufacturing and Industrial Site Redevelopment Program
ADOPTED RULE NUMBER: 2018-078
CONCISE SUMMARY: This rule provides the application and award process for the Rural Manufacturing and Industrial Site Redevelopment Program.
EFFECTIVE DATE: May 9, 2018
AGENCY CONTACT PERSON: Christopher Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3520. Email: CRoney@famemaine.com .
WEBSITE: http://www.mainerda.org/ .