September 12, 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: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 395, Construction Standards, Ownership, Cost Allocation, and Customer Charges Rules for Electric Distribution Line Extensions
PROPOSED RULE NUMBER: 2018-P191
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to consider amendments to the Commission’s Construction Standards, Ownership, Cost Allocation, and Customer Charges Rules for Electric Distribution Line Extensions rule (Ch. 395). The proposed amendments clarify the responsibility for installation, ownership and maintenance of both above-ground and underground service drops. The proposed rule specifies that transmission and distribution (T&D) utilities shall install, own and maintain above-ground service drops. The installation will be at no cost to the customer up to a specified length.
PUBLIC HEARING: October 2, 2018, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: October 12, 2018. Written comments on the proposed rule may be filed with the Administrative Director until October 12, 2018. However, the Commission requests that comments be filed by September 26, 2018 to allow for follow-up inquires during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2018-00202, and may be filed using the Commission’s Case Manage System.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Leslie Raber, PUC, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3831. Email: Leslie.Raber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 111, 314, 315
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PUC WEBSITE: www.maine.gov/mpuc .
PUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 91 (New), Spat Collection
PROPOSED RULE NUMBER: 2018-P192
BRIEF SUMMARY: The Department of Marine Resources is proposing rules for the collection of scallop spat under the spat collection license (12 MRS §6074-A). The proposed rules would create a maximum size for the possession and sale of scallop spat of 2 inches. It would limit a license holder to no more than 15 vertical lines, with a maximum of 30 spat collection bags per line. The proposed rule limits the size of bags that may be used, and specifies marking requirements. It requires that all collection equipment is removed from the coastal waters during the month of July, and specifies the records a license holder must retain.
PUBLIC HEARINGS:
Rockland: October 3, 2018, 6:00 p.m., Rockland Ferry Terminal, 517A Main Street, Rt. 1
Yarmouth: October 4, 2018, 6:00 p.m., Community Room, Yarmouth Town Hall, 200 Main Street
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: October 15, 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). Email: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6074-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 692, Siting of Oil Storage Facilities
PROPOSED RULE NUMBER: 2018-P193
BRIEF SUMMARY: These amendments are being proposed to provide flexibility to municipalities and businesses siting oil storage facilities, as long as certain criteria and design standards are met. This proposed language adds variance language to allow for more areas to be developed without negatively impacting groundwater or drinking water. Additional municipalities and businesses would be able to site oil storage facilities including those that were previously proposed and denied. These facilities would need to meet certain criteria and design standards to ensure that the risk or oil discharges and the likelihood of future groundwater contamination has been effectively minimized.
Proposed changes include:
* Eliminate the need to confirm mapping already completed by the Maine Geological Survey by conducting a site-specific evaluation thus creating less work for applicants;
* Allow flexibility to expand on a contiguous parcel if owned as of September 30, 2001 for UST facility and September 30, 2008 for an AST facility if expansion on the contiguous parcel does not increase fuel storage capacity or facility area by more than 30%;
* Allow a variance procedure for a municipality located on a significant sand and gravel aquifer as long as certain standards are met;
* Allow for a variance procedure for a facility on a polluted high yield significant sand and gravel aquifer;
* Clarify the design standards for facilities subject to variance requests under sections 3(B), 4(C), 4(D) or 4(E);
* Add a variance transfer procedure; and
* Modifies language including correcting typographical errors and providing definitions and language clarification.
PUBLIC HEARING: October 4, 2018, 9:00 a.m., Board of Environmental Protection Meeting, Augusta Civic Center, 76 Community Drive, Augusta, ME
COMMENT DEADLINE: October 15, 2018 at 5:00 pm
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 1391, 341-H, 1400
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP WEBSITE: http://www.maine.gov/dep/rules/index.html .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .

ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 1, Bylaws and Administration of the Finance Authority of Maine
ADOPTED RULE NUMBER: 2018-181
CONCISE SUMMARY: The amendment amends the Gift Policy within the Authority’s Code of Ethics. These changes clarify the limited circumstances when gifts or compensation to an employee or board member may be accepted without violation of the policy, and the effect of the receipt of such gifts or compensation. The amendment also makes other, non-substantive changes to the Code of Ethics.
EFFECTIVE DATE: September 5, 2018
FAME CONTACT PERSON / RULEMAKING LIAISON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. Email: CRoney@FameMaine.com .
FAME WEBSITE: https://www.famemaine.com/ .

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
ADOPTED RULE NUMBER: 2018-182
CONCISE SUMMARY: This rulemaking removes federal-poverty-level-based charts and references from the manual and replaces figures with percentages and formulas. The rule also makes formatting changes within the charts. The reason for removing specific dollar values from the manual is to avoid the need for annual rule changes to conform with federal updates, conserving the Department’s resources. The rule also removes references to the charts throughout the Manual. Clients or others who are affected will not find federal poverty level amounts in the MaineCare Eligibility Manual, but they are widely available online.
The rulemaking also makes three policy corrections. In Part 3 Section 2.2(C)(1) Maintenance of a Home, “and that child is also covered by Medicaid” is removed. This condition is not supported by federal law. In Part 17 Section 3.4.42 Nazi Persecution Payments, these payments are excluded as required by federal law. In Part 7 Section 3.1 Budget for SSI or State Supplement Payment, Roman numeral IX, living arrangement type “H” is corrected to “I.”
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 9, 2018
AGENCY CONTACT PERSON: Jessica Drenning, Senior Planner, Office for Family Independence, Department of Health & Human Services, 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-4135. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Jessica.Drenning@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER: 2018-183 (Emergency)
CONCISE SUMMARY: This emergency major substantive rule is adopted in accordance with PL 2017 ch. 459, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (“Act”). The Act gave notice that the Legislature determined that “these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety….” Pursuant to this Legislative determination, the requirements of 5 MRS §8054(1) are satisfied.
The Act provides funding to increase reimbursement rates for specific procedure codes in Ch. III Section 21. The legislation directed the Department to increase the rates by rulemaking for the specific procedure codes in equal proportion to the funding provided for that purpose.
In addition to the 33 rate increases required by PL 2017 ch. 459, the Department has also increased the rate for a 34th procedure code – T2017 QC (Home Support, Habilitation, residential, waiver – Remote Support – Monitor only). In accordance with 5 MRS §8054, the Department has determined that this rate increase needs to be done in this emergency rulemaking for it is necessary to avoid an immediate threat to public health, safety or general welfare.
These increased rates will be effective retroactive to July 1, 2018, as directed by the Act. The retroactive application of this rule comports with 22 MRS §42(8) which authorizes the Department to adopt rules with a retroactive application for a period not to exceed 8 calendar quarters and there is no adverse financial impact on any MaineCare member or provider. In addition, the Department sought, and obtained, approval by the Center for Medicare and Medicaid Services (“CMS”) to be able to submit a waiver amendment that will make the rate increases for these Medicaid waiver services retroactive to July 1, 2018.
In creating the increased rates, 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
The Maine Legislature has designed the Ch. III Section 21 regulation as a major substantive rule. Pursuant to 5 MRS §8073, this emergency major substantive rule may be effective for up to twelve months, or until the Legislature has completed its review. The Department intends to proceed with major substantive rulemaking, which will be provisionally adopted, and then submitted to the Legislature for its review.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 11, 2018
AGENCY CONTACT PERSON: Trista Collins, Comprehensive Health Planner, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4094. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Trista.Collins@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 29, Allowances for Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER: 2018-184 (Emergency)
CONCISE SUMMARY: The Department is adopting this emergency major substantive rule in accordance with PL 2017 ch. 459, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (“Act”). This Act provides funding to increase reimbursement rates for eighteen (18) procedure codes in Ch. III Section 29. The legislation directs the Department to increase the rates for the specific procedure codes in equal proportion to the funding provided for that purpose, and to do so via major substantive rulemaking. The Act gave notice that the Legislature determined that “these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety…” Pursuant to this Legislative determination, the requirements of 5 MRS §8054(1) are satisfied.
These increased rates will be effective retroactive to July 1, 2018. The retroactive application comports with 22 MRS §42(8), which authorizes the Department to adopt rules with a retroactive application for a period not to exceed 8 calendar quarters and there is no adverse financial impact on any MaineCare member or provider. In addition, the Department sought, and obtained approval, by the Centers for Medicare and Medicaid Services (“CMS”) to submit a waiver amendment making the rate changes retroactive to July 1, 2018.
In creating the increased rates, 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. Consistent with the rate increase, the emergency rule also increases the maximum amount that can be billed in a single day for Respite.
Pursuant to 5 MRS §8054 (3), this emergency rule may be effective for up 12 months, or until the Legislature has completed its review. The Department intends to proceed with major substantive rulemaking, which will be provisionally adopted, and then submitted to the Legislature for its review.
This change is not expected to have an adverse effect on the administrative burdens of small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 12, 2018
AGENCY CONTACT PERSON: Trista Collins, Comprehensive Health Planner, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4094. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Trista.Collins@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .