September 26, 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: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 165, The Administration of the International Fuel Tax Agreement and the Intrastate Fuel Tax Program
PROPOSED RULE NUMBER: 2018-P198
BRIEF SUMMARY: This rule outlines the procedures and standards for participation in the International Fuel Tax Agreement pursuant to 29-A MRS §525.
DETAILED SUMMARY: The rule is being updated to provide for electronic credentialing and electronic recordkeeping. Specifically, the rule is being updated to define the use of electronic mileage recording devices such as GPS, and to conform to IFTA audit requirements. The rule is being revised to provide for the electronic display of the IFTA license. The rule also is being revised to clarify the best information available assessment process.
PUBLIC HEARING: October 18, 2018 @ 10 a.m., at 101 Hospital Street, Augusta, ME
COMMENT DEADLINE: October 31, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Garry R. Hinkley, Vehicle Services Director, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9055. Fax: (207) 624-9204. Email: Garry.Hinkley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS §525
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 162, The Administration of the International Registration Plan
PROPOSED RULE NUMBER: 2018-P199
BRIEF SUMMARY: This rule outlines the procedures and standards governing Maine's participation in the International Registration Plan pursuant to Title 29-A §531-3. The rule is being amended to update the rule relative to new IRP recordkeeping, auditing, and electronic credentialing requirements. The rule also is being updated to reflect changes to the sales tax requirements for vehicles used in interstate commerce.
PUBLIC HEARING: October 18, 2018, at 10 a.m. at the Bureau of Motor Vehicles, 101 Hospital Street, Augusta, ME
COMMENT DEADLINE: October 31, 2108.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Garry R. Hinkley, Vehicle Services Director, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9055. Fax: (207) 624-9204. Email: Garry.Hinkley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS §531
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@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. II & III Section 40, Home Health Services
PROPOSED RULE NUMBER: 2018-P200
CONCISE SUMMARY: Ch. III Section 40, “Home Health Services”, increases some reimbursement rates for Home Health Services pursuant to Resolve 2017 ch. 61, To Support Home Health Services, effective January 1, 2019.
Additional Chapter III changes include:
* Procedure codes, as set forth by the Centers for Medicare and Medicaid Services (CMS), effective retroactive to January 1, 2016, are updated. The procedure code for the services of a skilled nurse (RN) is updated to G0299 from G0154 TD. The procedure code for a skilled nurse (LPN/LVN) is updated to G0300 from G0154 TE. Procedure codes G1054 TD and G1054 TE are eliminated through this rulemaking as they are obsolete.
* Procedure code S9110 GT, for telemonitoring of a patient in their home, is added to Ch. III to support the reimbursement for this new covered service as proposed in Ch. II Section 40, “Home Health Services”. This service is currently described in the MaineCare Benefits Manual, Ch. I Section 4, “Telehealth Services”, but has been added to this Section for clarity. This procedure code is effective retroactive to April 16, 2016.
* This Ch. III proposed rule seeks to increase the following rates effective 1/1/19: G0299, G0300, G0156, G0152, G0152 TF, G0151, G0151 TF, G0153, G0153 TF, and G0155.
Ch. II changes include:
* Pursuant to 42 CFR §440.70, Home Health Services eligibility criteria is updated to read any home health service may be offered as the sole home health service and shall not be contingent upon the provision of another home health service.
* Other Eligibility for Care changes: Medical Eligibility Requirements for Interactive Telehealth Services and Telemonitoring Services.
* New definitions added: Health Care Provider, Interactive Telehealth Services, Telehealth Services, and Telemonitoring Services, Authorized Agent is changed to Authorized Entity And updated throughout the policy.
* Additions to Covered Services: Interactive Telehealth Services and Telemonitoring Services.
* Pursuant to Section 12006, 21st Century CURES Act, Electronic Visit Verification (EVV) requirements for home health services providers, as of January 1, 2023, are added.
* Non-Routine Medical Supplies includes an updated link to billing instructions and list of supplies.
* Throughout the policy, “mental retardation” has been updated to “individuals with intellectual disabilities” and “severe and disabling mental illness” has been updated to “Severe and Persistent Mental Illness” to align with Section 17, “Community Support Services”.
* A typographical error in the header of Chapter II, which read “Chapter III”, has been corrected.
* Limitations have been updated to reflect that members of Section 19, “Home and Community Based Services for Elders and Adults with Disabilities”, may be receive authorization for nursing services through Section 40, “Home Health Services”, should Section 19 nursing services be deemed insufficient to meet the member’s needs.
* MaineCare Services, Division of Customer Service has been updated to MaineCare Provider Services with an updated toll-free number.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: October 15, 2018 - 1:00 p.m., Cross Office Building -Conference Room 400 (This is a fragrance-free environment), 111 Sewall Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 9, 2018.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 25, 2018.
OMS CONTACT PERSON: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES / SMALL BUSINESS IMPACT INFORMATION: The Department anticipates that these rulemakings will not have any impact on municipalities or counties. There may be additional costs to small business for compliance with the EVV requirements, however compliance with those federal requirements is not required until January 1, 2023.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3173, 7863; 5 MRS §§ 8054, 8072; Resolve 2017 ch. 61, 42 CFR §440.70
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 02-360 - Department of Professional And Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Licensure for Professional Land Surveyors
CHAPTER NUMBERS AND TITLES:
Ch. 10, Definitions (Amend)
Ch. 20, General Information (Amend)
Ch. 40, Qualifications for Licensure as Land Surveyor-in-Training (Amend)
Ch. 50, Qualifications for Licensure as Professional Land Surveyor (Amend)
Ch. 60, Licensure by Comity (Amend)
Ch. 70, Continuing Education (Amend)
Ch. 90, Standards of Practice (Amend)
Ch. 100, Enforcement and Disciplinary Procedures (Repeal)
ADOPTED RULE NUMBERS: 2018-189 thru 196
CONCISE SUMMARY: The Board of Licensure for Land Surveyors last revised their rules in 2001 and the proposed changes update the rules to reflect current practices and changes since 2001. The proposed amendment to Ch. 10 and Ch. 20 make minor changes to update the chapter. The amendments to Ch. 40 change the required courses but does not increase the hours required to qualify for a license, and requires that work must take place under the supervision of a licensed surveyor. Ch. 40 amendments reflect that the licensure exam is no longer administered by the Board. Ch. 50 amendments incorporate language that the required hours be under the supervision of a professional surveyor and amends the rules to reflect current Board administrative practices. Ch. 60 reflects changes to the description of the examination. Ch. 70 expands the courses that meet the requirements for continuing education to include distance learning courses. Ch. 90 reflects a minor change on page one eliminating reference to another part of the rules. Ch. 100 is repealed in its entirety as unnecessary.
These are routine technical rules as defined in the Maine Revised Statutes, Title 5 ch. 375 sub-ch. 2-A.
EFFECTIVE DATE: September 19, 2018
AGENCY CONTACT PERSON: Karen L. Bivins, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8524. Email: Karen.L.Bivins@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/surveyors/index.html .
OPOR WEBSITE: http://www.maine.gov/pfr/professionallicensing/
PFR WEBSITE: http://www.maine.gov/pfr/
PFR RULEMAKING LIAISON: Karissa.Davan@Maine.gov

AGENCY: 95-648 - Efficiency Maine Trust
CHAPTER NUMBER AND TITLE: Ch. 3, Electric Efficiency and Conservation Programs (formerly Ch. 380)
ADOPTED RULE NUMBER: 2018-197
CONCISE SUMMARY: The rule will govern the planning and implementation of electric conservation programs to be administered by the Efficiency Maine Trust. The general purpose of the amendments is to update the rule to reflect changes made by the Legislature to Title 35-A MRS §10104 and §10110. These statutory changes pertain to shifting the planning and implementation functions of the program to the Trust and requiring the Trust to develop program plans and budgets in a "Triennial Plan" for review and approval by the Board and subsequently by the PUC. The amendments retain the overall structure of the existing rule as well as the discretion and flexibility that the Commission originally established to enable programs to make timely changes reflecting market realities. The amendments also provide clarifications to the definitions 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. The amendments also modify language regarding the discount rate for utility ratepayer procurement funds.
EFFECTIVE DATE: September 22, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Emily Cushman, Efficiency Maine Trust, 168 Capitol Street - Suite 1, Augusta, ME 04330. Telephone: (207) 213-4150. Email: Emily.Cushman@EfficiencyMaine.com .
WEBSITE: https://www.efficiencymaine.com/ .

AGENCY: 95-648 - Efficiency Maine Trust
CHAPTER NUMBER AND TITLE: Ch. 4, Natural Gas Energy Conservation Programs (formerly Ch. 480)
ADOPTED RULE NUMBER: 2018-198
CONCISE SUMMARY: The rule will govern the planning and implementation of natural gas conservation programs to be administered by the Efficiency Maine Trust. The general purpose of the amendments adopted is to update the rule to reflect changes made by the Legislature to Title 35-A MRS §10104 and §10111. These statutory changes pertain to shifting the planning and implementation functions of the program to the Trust and requiring the Trust to develop program plans and budgets in a "Triennial Plan" for review and approval by the Board and subsequently by the PUC. The amendments retain the overall structure of the existing rule, as well as the discretion and flexibility that the PUC originally established to enable programs to make timely changes reflecting market realities. The amendments also provide clarifications to the definition that will be used for low-income residential customers seeking to participate in the programs, and the share of total program budgets that will be allocated to the low-income and small business customer classes. The amendments also modify language regarding the discount rate to be used when calculating cost-effectiveness.
EFFECTIVE DATE: September 22, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Emily Cushman, Efficiency Maine Trust, 168 Capitol Street - Suite 1, Augusta, ME 04330. Telephone: (207) 213-4150. Email: Emily.Cushman@EfficiencyMaine.com
WEBSITE: https://www.efficiencymaine.com/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41, Menhaden: 41.30, Menhaden Fishery Management Program
ADOPTED RULE NUMBER: 2018-199 (Emergency)
CONCISE SUMMARY: The fishery for Atlantic menhaden is managed through the Atlantic States Marine Fisheries Commission (ASMFC). Maine's allocated quota share for 2018 was 2,439,114 pounds, which was fully consumed on July 22, 2018. Recently, Maine Department of Marine Resources (DMR) has been the recipient of additional quota via transfers of Atlantic menhaden quota from partnering states to allow for a re-opening of the directed fishery for the fall. As a result of these transfers, Maine is reopening the State Allocation fishery. Beginning September 17, 2018, harvest may occur between 12:01 a.m. on Monday and 11:59 p.m. Thursday each week; daily landing limit is reduced by this regulation to 80,000 pounds, with a weekly limit of 160,000 pounds. Harvesting and landings are restricted to Maine territorial waters and may occur once per 24-hour period. All landings must be reported daily via email to menhaden.dmr@maine.gov. The Commissioner has determined that it is necessary to take emergency action to implement the reduction of the daily limit to prevent the depletion of the supply of Atlantic menhaden. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS §6171(3)(B).
EFFECTNE DATE: September 15, 2018
DMR 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 .