July 11, 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

AGENCIES: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (CDC), and 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 263, Maine Comprehensive and Limited Environmental Laboratory Accreditation Rule
PROPOSED RULE NUMBERS: 2018-P149, P150
BRIEF SUMMARY: The proposed Maine Comprehensive and Limited Environmental Laboratory Accreditation Rule repeals and replaces Maine Comprehensive and Limited Environmental Laboratory Certification Rules. This proposed rule contains quality guidelines for laboratory data received by the DHHS and the DEP to help ensure that laboratories analyzing samples for the following regulations: Safe Drinking Water Act; Clean Water Act; Resource Conservation and Recovery Act; and Leaking Underground Storage Tanks (LUST) Program, for compliance purposes, produce legally defensible data by meeting quality control and quality assurance objectives. This rule proposes an all-encompassing quality systems section for easy reference and includes the following: 1) references to the most recently updated 40 CFR, as applicable to the methods test categories specified; 2) “provisional status” as an additional accreditation option; and 3) reporting requirements for Maine laboratories when samples are not analyzed according to accredited methods, including those for private well samples. Proposed changes amend definitions and replace the term “certification” with “accreditation” to keep consistent nomenclature with national and international standards. Additionally, the proposed rule corrects grammatical inconsistencies, formally establishes an adjusted fee structure, and presents a new construction and format for improved clarity and conformity to standard conventions.
PUBLIC HEARING: 1 p.m. - July 30, 2018, 286 Water Street (Key Plaza - Room 16), Augusta, Maine 04330
COMMENT DEADLINE: August 9, 2018
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION:
DHHS: Bridget Bagley, 286 Water Street, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-9394. Fax: (207) 287-5807. TTY: 711. Email: Bridget.Bagley@Maine.gov .
DEP: Tom Graham, 28 Tyson Drive, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Fax: (207) 287-2814. TTY: 711. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §567
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY RULE WEBSITES: http://www.maine.gov/dhhs/mecdc/rules/ ; http://www.maine.gov/dep/rules/index.html .
AGENCY RULE-MAKING LIAISONS: DHHS: Tera.Pare@Maine.gov . DEP: Jeff.S.Crawford@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting Seasons (Open and Closed Season – Eastport)
PROPOSED RULE NUMBER: 2018-P151
BRIEF SUMMARY: In accordance with Title 12 MRS §11402, the Commissioner of Inland Fisheries and Wildlife, in conjunction with the City of Eastport in Washington County, is proposing to conduct a third and final special deer hunt beginning November 26, 2018 and ending December 8, 2018. Thirty permits will be available to qualified applicants authorizing the potential harvest of up to 90 antlerless deer. The City of Eastport will administer permit selection for city residents and nonresidents, approving specific hunting locations and compliance with city ordinances. Deer taken during this special hunt are in addition to the statewide bag limit. All other laws and rules relating to deer hunting shall apply. The permit from the Department to the City of Eastport will authorize restrictions to be placed on types of weapons, bag limits, season timing and length and any other special conditions deemed necessary.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: August 10, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / 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. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §11402
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II Section 13, Targeted Case Management
PROPOSED RULE NUMBER: 2018-P152
CONCISE SUMMARY: This rulemaking will update eligibility language to current terminology, guidelines, and practices. The rulemaking will add provider requirements and training/supervision requirements to increase the quality of services delivered. There are also other technical edits to close potential audit risks and other grammatical edits. A brief overview of the changes are as follows:
1. Adds definitions for CD4 count and viral load and requires HIV case managers to take an active role in monitoring their client’s health needs.
2. Removes the CAFAS and CHAT assessments for eligibility for children’s TCM services.
3. Adds a definition of Natural Supports.
4. The Individual Plan of Care (IPC) covered service has been updated to clarify the expectation of initial development and periodic review timelines.
5. Substance abuse disorders has been updated to substance use disorders, consistent with current terminology.
6. Eligibility for Children’s Behavioral Health and Developmental Disabilities TCM has been updated to reflect a consolidated Child and Adolescent Needs and Strengths assessment (CANS) and use of current diagnosis terminology as described in the Diagnostic and Statistical Manual of Mental Disorders, version 5.
7. Updates eligibility criteria for adult developmental disabilities to reflect current language in statute, using the Office of Aging and Disability Services’ (OADS) Certification Rule 14-197 Ch. 3 definition of intellectual disabilities combined with the current MRS §6002, which defines autism.
8. Updates eligibility criteria for adults with substance use disorders to include members who are receiving treatment, opposed to just seeking treatment as currently described in policy, and to remove the stipulation that the provider must receive funding from the Substance Abuse Prevention Treatment Block Grant.
9. Adds a stipulation that HIV TCM providers must be approved by the Office of MaineCare Services (OMS), and that staff must have experience with the population served.
10. Adds financial services (i.e. rep. payee) costs for paperwork or internal meetings, transportation, and services intended to supplement housekeeping to the list of Non-Covered Services.
11. Adds limitation language and a subsequent grid and appendix outlining circumstances for appropriate overlap of TCM services with Private Non-Medical Institutions (PNMIs), nursing facilities, intermediate care facilities for individuals with intellectual disabilities, and psychiatric hospitalization.
12. Adds a provision that all TCM providers servicing children must be approved by the Office of Child and Family Services prior to delivering TCM services to children.
13. Adds requirements for adults with developmental disabilities that providers must adhere to OADS’ Certification rule 14-197 ch. 10, and have written approval from OADS to deliver TCM services, and adding a maximum staffing ratio of one staff to 35 members, with an added requirement of case managers having at least one monthly contact unless otherwise specified in the person-centered plan, and one face-to-face contact with each member quarterly.
14. HIV TCM providers will facilitate and monitor a member’s access to medical providers at minimum every six months, and will make efforts to engage the member with his or her primary and/or specialty physician.
15. Requires staff with related degrees to have subsequent training and supervision relevant to the population served.
16. Adds staff orientation subject matter requirements and new supervision requirements to better detail expectation to increase overall case manager training and support.
17. Updates record and data entry requirements for the CANS assessment.
18. Requires the date, signature, and credential of staff completing the comprehensive assessment.
19. Updates the Individual Plan of Care (IPC) requirement to utilize the person-centered plan process for OADS-eligible TCM members, ensure the plan reflects the member’s strengths and needs, and ensure the plan will reflect the resources required to meet the member’s goals to include natural supports. The IPC will require the date, signature, and credential of the staff completing the plan, with case manager review at minimum every 90 days. The IPC must be updated annually at minimum.
20. Adds a documentation requirement for 90-day reviews.
21. Updates psychiatric nurse description for clarification of this credential.
22. Removes advance practice psychiatric nurse as an allowable supervisor, as this credential is already covered as an advance practice registered nurse.
23. Requires that record entry (progress notes) be completed within 72 hours of the delivery of services, and include the date and duration of the services provided as well as the provider name, signature, and credential of the individual delivering the service.
24. Clarifies provider enrollment requirements when office approval and/or licensure is required for serving specific target groups.
25. Clarifies the credentials of professional staff qualified to serve as supervisors of a TCM program by target group.
26. Adds Children’s TCM requirement for face-to-face visits to policy that is currently stated in the MaineCare Provider Agreement Rider A.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: Tuesday, July 31, 2018 – 9 a.m.. 32 Blossom Lane, Marquardt building Door D7, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before Monday, July 23, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on Friday, August 10, 2018.
AGENCY CONTACT PERSON: 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.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42, 42(8), 3173; 5 MRS §8054
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 95-648 - Efficiency Maine Trust
CHAPTER NUMBER AND TITLE: Ch. 3, Electric Efficiency and Conservation Programs
PROPOSED RULE NUMBER: 2018-P153
BRIEF SUMMARY: The Efficiency Maine Trust is proposing amendments to the existing rule that governs how it will implement electricity conservation programs in order to reflect several changes made by the Legislature to Title 35-A MRS §10110. There will be a public hearing at 9:00 a.m. on July 31, 2018 at the Trust’s office in Augusta in the Conference Room at 168 Capitol Street. Comments on the proposed rule amendments may be provided orally at the public hearing or in writing if submitted prior to August 10. Questions, comments and requests for a copy of the draft amendments may be directed to the Contact Person for this filing. Changes to the statute that are causing the Trust to update its rule pertain to authorizing the Trust to administer programs to conserve electricity, requiring the Trust to develop program plans and budgets in a Triennial Plan for review by the Public Utilities Commission pursuant to 35-A MRS §10104. The Trust is also proposing to clarify the definition that will be used for low-income residential customers and small business customers seeking to participate in the programs, and the share of total program budgets that will be allocated to these customer classes. More information is available online at www.efficiencymaine.com/rulemaking. The statement of the proposed rule’s impact on small business also may be found at this online address.
DETAILED SUMMARY: The Efficiency Maine Trust is proposing amendments to the existing rule that governs how it will implement electricity conservation programs in order to reflect several changes made to Title 35-A MRS §10110. Throughout the proposed rule, outdated statutory references are updated to reflect current section numbering. Also, where the old rule previously referenced Maine Public Utilities Commission as the planner and administrator of energy conservation programs, the proposed amendments reflect changes in statute that direct the Efficiency Maine Trust to perform these duties.
The proposed amendment modifies the definition of two customer classes. The old rule defined low-income consumers as households that were eligible for the Low Income Home Energy Assistance Program, while the proposed amendments would extend the definition to include households: that receive a special utility rate or credit for low-income customers or have qualified for any state or federal program in which low income or limited assets are criteria for eligibility. And whereas the old rule defined “small business customers” based on the number of employees working for the business, the proposed amendments would focus the definition on a criterion of energy usage to reflect the designations used by the utilities. The proposed amendment also modifies the budget allocation of electric conservation funding targeting low-income and small business customers to reflect changes made in the statute.
Finally, the proposed amendment modifies the process for planning and budgeting the programs to reflect the changed directives of Maine statute at 35-A MRS §10104(4), which requires the Trust to file a Triennial Plan at the Public Utilities Commission, and §10110 which establishes that the funding level for the programs must be sufficient to save all energy efficiency that is cost-effective, reliable and achievable.
A copy of the full draft rule may be found online at www.efficiencymaine.com/rulemaking or requested from Emily Cushman by email at Emily.Cushman@EfficiencyMaine.com or by phone at (207) 213-4150.
PUBLIC HEARING: July 31, 2018 - 9:00 a.m. at the Offices of Efficiency Maine Trust, 168 Capitol Street, Augusta, ME 04330
COMMENT DEADLINE: August 10, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Emily Cushman, Program Manager, 168 Capitol Street - Suite 1, Augusta, ME 04330. Telephone: (207) 213-4150. Fax: (207) 213-4153. Email: Emily.Cushman@EffiencyMaine.com .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: no change.
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §10110(13)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
AGENCY WEBSITE: www.efficiencymaine.com .


AGENCY: 95-648 - Efficiency Maine Trust
CHAPTER NUMBER AND TITLE: Ch. 4, Natural Gas Energy Conservation Programs
PROPOSED RULE NUMBER: 2018-P154
BRIEF SUMMARY: The Efficiency Maine Trust is proposing amendments to the existing rule that governs how it will implement natural gas conservation programs in order to reflect several changes made by the Legislature to Title 35-A MRS §10111. There will be a public hearing from 9:00 a.m. on July 31, 2018 at the Trust’s office in Augusta in the Conference Room at 168 Capitol Street. Comments on the proposed rule amendments may be provided orally at the public hearing, or in writing if submitted to the Trust on or before August 10, 2018. Questions, comments and requests for a copy of the draft amendments must be directed to the Contact Person for this filing using the postal or email address provided for the Contact Person. Changes to the statute that are causing the Trust to update its rule pertain to authorizing the Trust to administer programs to conserve natural gas, requiring the Trust to develop program plans and budgets for review by the Public Utilities Commission, and extending the programs to cover customers of each natural gas utility in Maine. The Trust is also proposing to clarify the definition that will be used for low-income residential customers seeking to participate in the programs governed by the rule. More information is available online at www.efficiencymaine.com/rulemaking. The statement of the proposed rule’s impact on small business also may be found at this online address.
DETAILED SUMMARY: The Efficiency Maine Trust is proposing amendments to the existing rule that governs how it will implement natural gas conservation programs in order to reflect several changes made to Title 35-A MRS §10111. Throughout the proposed rule, outdated statutory references are updated to reflect current section numbering. Also, where the old rule previously referenced a natural gas utility as the planner and administrator of energy conservation programs, the proposed amendments reflect changes in statute that direct the Efficiency Maine Trust to perform these duties and to extend the reach of these programs to customers in all gas utilities operating in the state.
The proposed amendment modifies the definition of a “low-income residential customer.” Whereas the old rule limited access to an initiative tailored for low-income consumers who were participants in the Low Income Home Energy Assistance Program, the proposed amendments would extend eligibility to households: that receive a special utility rate or credit for low-income customers; or have qualified for any state or federal program in which low income or limited assets are criteria for eligibility. The proposed amendment also modifies the budget allocation of natural gas conservation funding targeting low-income and small business customers to more accurately reflect the statute.
Finally, the proposed amendment modifies the process for planning and budgeting the programs to reflect the changed directives of Maine statute at 35-A MRS §10104(4) and §10111.
A copy of the full draft rule may be found online at www.efficiencymaine.com/rulemaking or requested from Emily Cushman by email at Emily.Cushman@EfficiencyMaine.com or by phone at (207) 213-4150.
PUBLIC HEARING: July 31, 2018 - 9:00 a.m. at the Offices of Efficiency Maine Trust, 168 Capitol Street, Augusta, ME 04330
COMMENT DEADLINE: August 10, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Emily Cushman, Program Manager, 168 Capitol Street - Suite 1, Augusta, ME 04330. Telephone: (207) 213-4150. Fax: (207) 213-4153. Email: Emily.Cushman@EffiencyMaine.com .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: no change.
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §10111(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
AGENCY WEBSITE: www.efficiencymaine.com .


AGENCY: 01-001 - Department of Agriculture Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine
PROPOSED RULE NUMBER: 2018-P155
BRIEF SUMMARY: This chapter outlines the procedures and standards governing the certification of seed potatoes in the State of Maine. The proposed changes will include eliminating the Florida winter grow-out and replacing it with post-harvest laboratory testing. Tolerances for potato blackleg will be amended to allow for downgrading a lot to the next eligible field generation instead of eliminating it if over tolerance.
DETAILED SUMMARY: The changes proposed for the Maine Seed Certification rules are in response to rising costs of operating the experimental farm in Homestead Florida where the winter grow out has taken place over the last several decades. Maine in the past had rented large portions of the farm to other states and provinces for their winter grow outs and this provided a large subsidy to offset operating costs. Maine is now the only state using the property and rental revenue has ceased there for making the farm very expensive to run and maintain. Advances in laboratory testing in the past several years have made post-harvest potato virus testing a cheaper and more accurate alternative to a grow out in Florida during the winter months.
Other proposed changes to the rule include altering the tolerances for potato blackleg which were first implemented in 2016. Going forward instead of eliminating blackleg lots which are over tolerance for the generation, it is proposed that any lot exceeding the blackleg tolerance for that generation will be downgraded to the next generation in which it meets that blackleg tolerance. This is proposed to better maintain seed markets and stabilize supply. These rule changes have been proposed and developed with seed potato industry support. These rules will only impact the potato industry and their customers.
PUBLIC HEARING: Tuesday - July 31, 2018 at 6 p.m., Maine Potato Board - Conference Room, 744 Main Street, Presque Isle, ME 04769
COMMENT DEADLINE: by 12:00 noon Friday, August 10, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Eric Hitchcock, Division of Animal & Plant Health, 744 Main Street - Suite 9, Presque Isle, ME 04769. Telephone: (207) 764-2036. Cell: (207) 458-9340. Email: Eric.Hitchcock@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 7 MRS ch. 401 §§ 2101-2105; 7 MRS ch. 1 §12; 7 MRS ch. 411 §2352
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dacf/php/seed_potato/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTIONS

AGENCY: 12-172 - Department of Labor (DOL), Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Ch. 2, Employer Notices, Records, Contribution and Reimbursement Payments and Reports
ADOPTED RULE NUMBER: 2018-119
CONCISE SUMMARY: Modification of Ch. 2 is sought to clarify procedures for employers in filing notices, records, contributions and payments in lieu of contributions and maintenance reports with the Bureau; to bring the rule into compliance with the statutes, clarifying successorship and proprietorship/partnership income, assessment of responsible individual and make explicit the necessity of the employer maintaining their contact information with the Bureau. Most of the updates were made to bring the rule in compliance with the statues or to bring the rule up to date with the current practice.
EFFECTIVE DATE: July 2, 2018
DOL CONTACT PERSON / INTERIM RULEMAKING LIAISON: Laura J. Hudson, c/o Department of Labor - Unemployment Insurance Commission, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5009. Email: Laura.J.Hudson@Maine.gov .
BUREAU OF UNEMPLOYMENT COMPENSATION WEBSITE: http://www.maine.gov/labor/unemployment/index.shtml .