September 19, 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 NUMBER AND TITLE: Ch. 692, Siting of Oil Storage Facilities
PROPOSED RULE NUMBER: 2018-P193 (2nd publication – change of venue)
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., Le Club Calumet, 334 West River Road, Augusta, ME
This Notice was Originally Published on September 12, 2018 - Please Note the Change of Venue.
COMMENT DEADLINE: October 15, 2018 at 5:00 p.m.
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 .

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
PROPOSED RULE NUMBER: 2018-P194
CONCISE SUMMARY: This major substantive rule is proposed to implement the provisions of PL 2017 ch. 459, which provides funding to increase reimbursement rates for 33 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. 459, the Department has also increased the rate for a 34th procedure code, as the Department has determined that this rate increase needs to be done in this emergency rulemaking to avoid an immediate threat to public health, safety of general welfare. These increased rates will be effective retroactive to July 1, 2018.
In creating the rates for the 34 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.
The Department has adopted these rate increases via emergency rulemaking. Pursuant to 5 MRS §8073, the emergency major substantive rule may be effective for up to twelve months, or until the Legislature has completed its review. The Department is now engaging in proposed major substantive rulemaking to adopt these Section 21 rule changes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: October 10, 2018, 9 a.m., Marquardt Bldg. - Room 118, Door D7, 32 Blossom Lane, Augusta, Maine. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 1, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 20, 2018.
OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Trista Collins, Comprehensive Health Planner II, MaineCare Services, 242 State Street, - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4094. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Trista.Collins@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3173; PL 2017 ch. 459 §3195
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: 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
PROPOSED RULE NUMBER: 2018-P195
CONCISE SUMMARY: The Department proposes this major substantive rule in accordance with PL 2017 ch. 459 §3195, An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government (“Act”), which provided funding to increase reimbursement rates for eighteen (18) 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. These rates will be effective retroactive to July 1, 2018. The maximum amount that can be in a single day for Respite has been increased, consistent with the increased rates.
The Department has adopted these rate increases via emergency rulemaking. Pursuant to 5 MRS §8073, the emergency major substantive rule may be effective for up to twelve months, or until the Legislature has completed its review. The Department is now engaging in proposed major substantive rulemaking to adopt these Section 29 rule changes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: October 10, 2018 - 1 p.m., Marquardt Bldg. - Room 118, Door D7, 32 Blossom Lane, Augusta, Maine. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 1, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 20, 2018.
OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Trista Collins, Comprehensive Health Planner II, MaineCare Services, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4094. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Trista.Collins@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3173; PL 2017 ch. 459 §3195.
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 for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 331, Maine Public Assistance Manual (TANF), Rule #111P: Annual Increase to TANF Maximum Benefit
PROPOSED RULE NUMBER: 2018-P196
BRIEF SUMMARY: This rule increases the TANF maximum benefit by 2% pursuant to 22 MRS §3769-C(D).
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: October 19, 2018
OFI 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), 3769-C(D)
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 10, Clams and Quahogs: 10.05, Taking of Quahogs in the Sub-Tidal Waters of New Meadows Lakes, Brunswick and West Bath
PROPOSED RULE NUMBER: 2018-P197
BRIEF SUMMARY: The proposed regulation expands certain existing limitations on the harvest of quahogs from the New Meadows Lakes. Under the existing regulation, the line north of which the harvest restrictions apply is the Bath/State Road in Brunswick and West Bath. The proposal is to draw a new line north of which the limitations would apply, from the northwestern tip of Indian Point, southeasterly to northern tip of Bragdon Island, continuing east to Bragdon Rock, and then continuing in a northeasterly direction to the point of land at the end of Close Reach Road, West Bath, 43051’21”/069052’1”. By specifying this new line, the existing restriction on the method of harvest to hand digging only, the prohibition on harvesting during the winter months (January-March), and the prohibition on harvesting on Sundays, would extend over the known quahog resource, in order to better manage the quahog fishery in this area.
PUBLIC HEARING: October 10, 2018, 3 p.m., West Bath Fire Station, 192 State Road, West Bath, 04530. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at 207-624-6553.
COMMENT DEADLINE: October 20, 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). Email: Amanda.Ellis@Maine.gov .
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 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. I Section 1, General Administrative Policies and Procedures
ADOPTED RULE NUMBER: 2018-185
CONCISE SUMMARY: The Department of Health and Human Services (“the Department”) adopts this rule pursuant to PL 2017 ch. 442, An Act To Clarify Liability Pertaining to the Collection of Debts of MaineCare Providers by the Department of Health and Human Services. This rulemaking removes the following language from Section 1.12-2: “The liability for debts owed to the Department by the Provider is enforceable against the Provider, including any person who has an ownership or control interest in the Provider, and against any officer, director, or member of the Provider who, in that capacity, is responsible for any control or any management of the funds or finances of the provider. Personal liability against an officer, director, or member of the Provider described in this section shall be limited to debts owed to the Department occurring or arising during that person’s employment or affiliation with the Provider or to any debts which become known to such a person and not voluntarily disclosed by that person to the Department. Individuals or entities with an ownership or control interest in the provider include: 1) Those with an ownership interest, meaning those in possession of equity in the capital, the stock, or the profits of the provider. 2) Those with an indirect interest, meaning those with an ownership interest in an entity that has an ownership interest in the provider.”
The Department has determined to not adopt the proposed change of adding an Appendix #3 (“Duplication Table”) to this rule. Concerns and questions about this Duplication Table were raised in written comments to the rulemaking, as well as from the Office of the Attorney General during its review of the rule.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 17, 2018
AGENCY CONTACT PERSON: Thomas M Leet, Comprehensive Health Planner, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Thomas.Leet@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations: 36.01, Herring Management Plan
ADOPTED RULE NUMBER: 2018-186 (Emergency)
CONCISE SUMMARY: Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). ASMFC monitors the consumption of the available Trimester 2 (June 1 - September 30) quota via NOAA Fisheries Atlantic Herring Quota Monitoring site and will initiate the move to zero landing days when the Area 1A quota has reached 95% of the available quota allowance. Full utilization of the Trimester 2 quota has been projected and thus, ASMFC designates zero landing days for the Atlantic herring fishery beginning 12:01 a.m. on Thursday, September 13, 2018. Fish taken on Wednesday, September 12, 2018 may be landed on Thursday, September 13 until 12 p.m. The Commissioner has determined that it is necessary to take emergency action to implement these limitations to prevent the depletion of the supply of Atlantic herring and to comply with the changes to the interstate management of the Atlantic herring resource. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS §6171(3)(C).
EFFECTIVE DATE: September 12, 2018
AGENCY CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021 Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

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 #20A
ADOPTED RULE NUMBER: 2018-187 (Repeal and replace)
CONCISE SUMMARY: Rule #20A is being adopted 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 effect, 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 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 made a policy change designed to improve the administration of the program and to ensure program integrity. Specifically, 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.
EFFECTIVE DATE: September 18, 2018
OFI CONTACT PERSON: Jessica Drenning, Senior Planner, Office for Family Independence, Department of Health & Human Services, 19 Union Street – 11 State House Station. 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/rules/index.shtml .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
ADOPTED RULE NUMBER: 2018-188
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The amendments to the rule are the recommendations of the Participating Local District Advisory Committee to further modernize the plan and improve future funding levels of the Plan by amending the provisions relating to retire/rehire. The amendments to the rule also include clarifying language to provisions pertaining to employer-specific plan elections and determination of withdrawal liability,
EFFECTIVE DATE: September 19, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Kathy J. Morin, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332. Telephone: (207) 512-3108. Email: Kathy.Morin@Mainepers.org .
MAINEPERS WEBSITE: http://www.mainepers.org/ .