October 3, 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. 101, Visible Emissions Regulation
PROPOSED RULE NUMBER: 2018-P157 (2nd publication)
BRIEF SUMMARY: Emissions into the ambient air from facilities, both licensed and unlicensed, are subject to visible emissions standards. These standards may be located in the Department’s Ch. 101, Visible Emissions Regulation, in State-determined Best Available Control Technology (BACT) and Best Practical Treatment (BPT) determinations, and in federal National Emissions Standards for Hazardous Air Pollutants (NESHAP) and/or New Source Performance Standards (NSPS). Emissions sources identified in this chapter include sources which may not otherwise be subject to visible emissions requirements.
Currently, Ch. 101 includes up to two six-minute exemptions from visible emissions standards per three-hour period for certain regulated emissions units. As the result of legal action against the U.S. Environmental Protection Agency (EPA), such exemptions have been found to conflict with Clean Air Act (CAA) requirements and the EPA has issued a State Implementation Plans (SIP) Call, identifying each state and state rule deemed in conflict with such CAA requirements. This proposed rulemaking rectifies language and requirements to bring the chapter in compliance with the SIP Call and CAA requirements.
Ch. 101 was originally promulgated in 1972 and was most recently updated in 2003. Since that time, the Department and EPA have identified several revisions that will provide greater clarity and flexibility to the regulated sources while accommodating real and unavoidable fluctuations in operations. Changes in this proposed rulemaking are more consistent with applicable federal requirements and do not increase the regulatory burden on affected facilities.
The proposed changes include the following:
* Removal of the “unregulated” exemption periods and inclusion of new, alternate provisions for periods of startup, shutdown, or malfunction, allowing the option of compliance with work practice standards to minimize emissions during such times instead of a numerical opacity limit;
* Clarification of exemptions from the chapter, including units whose visible emissions are regulated through another State rule, visible air contaminants emitted for the purpose of visible emissions observer training, and visible air contaminants emitted for the purpose of Predictive Emission Monitoring Systems (PEMS) research that has been approved by the Commissioner and EPA;
* Clarification of the applicability of the annual capacity factor visible emission standard;
* Inclusion of a definition of distillate fuel, for the purposes of the chapter;
* Removal of specific visible emissions standards for Kraft recovery furnaces, since all such units are subject to visible emission standards in applicable federal rules.
On July 18, 2018, the Department posted this proposal to a 30-day public comment period with an opportunity to request a public hearing; the comment period closed on August 17, 2018. After reviewing public comments, the Department revised its proposals and provided an opportunity for additional public comment pursuant to 5 MRS §8052(5)(B) on additional changes to the proposals that may be substantial. These changes include:
* Specific exclusions have been added to Section 1(C) to clarify the Department’s intent to exempt equipment subject to a visible emission standard under New Source Performance Standards (40 CFR Part 60) or National Emission Standards for Hazardous Air Pollutants (40 CFR Part 63) as well as units with a wet plume subject to operating limits for control of PM under National Emission Standards for Hazardous Air Pollutants (40 CFR Part 63);
* Section 2(A)(5) has been revised to retain the original visible emission standards for biomass and multifuel boilers, minus the periods of unlimited opacity;
* Section 3(C) has been added to retain the ability for facilities to amend their license to establish alternative (site-specific) work practice standards during periods of startup and shutdown;
* For units monitored by a Continuous Opacity Monitoring System (COMS), higher alternative limits have been added for up to 5% of the unit’s operating time on a quarterly basis in lieu of utilizing work practice standards for periods of startup, shutdown, and malfunction; and
* Sections 2(A)(4) and 3 have been revised to clarify requirements for combustion turbines as opposed to reciprocating engines.
Please note that the Department is not accepting additional comments on other portions of the proposals at this time.
The Department may submit these amendments to the U.S. Environmental Protection Agency for approval as an amendment to Maine's State Implementation Plan. Copies of these rules are available upon request by contacting the agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: No public hearing is scheduled (there is a 30-day written comment period). A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: November 2, 2018 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Fax: (207) 287-7826. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP RULES WEBSITE: http://www.maine.gov/dep/rules/ .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 288, Maine Universal Service Fund
PROPOSED RULE NUMBER: 2018-P185 (2nd publication)
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend Ch. 288, Maine Universal Service Fund (MUSF), of the Commission’s rules. The proposed amendments will make the rule compatible with the current statute, will provide stability for the amounts contributed to the Fund, and will integrate the collection of the MUSF with that of the MTEAF, which itself was recently amended in Docket No. 2017-00283 to adopt a new contribution methodology.
A PUBLIC HEARING was held on September 17, 2018, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: Comment deadline extended to October 26, 2018.
The purpose for the extension is to allow interested persons to comment on the estimate of Commission Staff regarding the potential financial impact of the proposed changes to Ch. 288. Interested parties are encouraged, however, to file preliminary post-hearing comments on or before the original October 5, 2018 comment deadline. The Staff's estimate and all comments can be found in the Case Management System, which is accessible from the Commission’s website. Commenters should refer to Docket Number 2018-00200 when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jordan McColman, PUC, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3831. Email: Jordan.D.McColman@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 7104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PUC WEBSITE: www.maine.gov/mpuc .
PUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #11-18
PROPOSED RULE NUMBER: 2018-P201
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954
PUBLIC HEARING: October 18, 2018, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: October 18, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program: FS Rule #205P - COLA SUA FFY 2019, Sections: FS-000-1, Basis of Issuance; FS-555-5, Income and Deductions
PROPOSED RULE NUMBER: 2018-P202
BRIEF SUMMARY: This proposed rule implements updates to the federal poverty levels, maximum allotments, standard deduction and standard utility allowance deductions for the Food Supplement program as of October 1st. As a result, Food Supplement benefits will change for some households
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: November 2, 2018
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, 3104; 5 MRS §8054; 7 CFR §273.9(d)
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.04, Lobster Trawl Limits
PROPOSED RULE NUMBER: 2018-P203
BRIEF SUMMARY: Initiated by the Zone A Council in accordance with 12 MRS §6447, this proposed rule would eliminate the Hancock County Trawl Limit area in Zone A. This would eliminate the three traps on a trawl maximum in Zone A and allow license holders to fish longer trawls (more traps on a trawl). The proposal was supported by over two-thirds of the Zone A license holders voting in a referendum conducted in June 2018. On August 29, 2018, the Zone A Council voted unanimously to recommend to the Commissioner to advance this proposal to rule-making.
PUBLIC HEARING: No hearing(s) scheduled.
COMMENT DEADLINE: November 2, 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).
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 6446 & 6447
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 29, Dealer Margins
PROPOSED RULE NUMBER: 2018-P204
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954
PUBLIC HEARING: October 25, 2018, Thursday, starting at 10:30 a.m., Room 332, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: November 5, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations (Striped Bass Length and Bag Limits)
ADOPTED RULE NUMBER: 2018-200
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule for striped bass caught in inland waters: 1-fish bag limit, minimum length 28 inches. Striped bass travel above head of tide in several of Maine's rivers and protections for those fish is necessary. Length, bag limits and gear restrictions are reflected in Department of Marine Resources rules (Ch. 42) and apply to all territorial waters.
EFFECTIVE DATE: September 25, 2018
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBERS AND TITLES:
Ch. 1, Open Water and Ice Fishing Regulations;
Ch. 1-A, State Heritage Fish Waters
ADOPTEDRULENUMBER: 2018-201, 202
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to open water fishing and ice fishing. This body of rules is printed in its entirety in the Open Water & Ice Fishing Laws and Rules booklet (January 1, 2019-December 31, 2019) and will be available from the Department, online at www.maine.gov/ifw, as well as license agents. The Department has also added six waters to the State Heritage Fish waters list and will be removing two waters. For a copy of adopted changes prior to release of the laws and rules booklet, please contact the agency rulemaking contact person.
EFFECTIVE DATE: January 1, 2019
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01 (G.1, 1.b. and 3-A), Upland Game and Furbearing Animals: Open Seasons for the Hunting and Trapping of Furbearing Animals; Beaver Trapping; Open and Closed Areas for Beaver Trapping; Fisher Limit, Restrictions and Season Exceptions
ADOPTED RULE NUMBER: 2018-203
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended the dates for the fisher trapping season to allow two additional weeks of trapping in WMDs 12, 13 and 15-29. The season for trapping of fisher will be November 15 to December 31 annually. The bag limit remains at 10 fisher per trapper. An amendment has also been adopted for an area in the Town of Alna in WMD 25 to open that portion to the trapping of beaver. A complete copy of the proposed rule can be obtained from the rulemaking contact person listed below.
EFFECTIVE DATE: September 25, 2018
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

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)
ADOPTED RULE NUMBER: 2018-204
CONCISE 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, has adopted rules to allow 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. A complete copy of the rule can be obtained from the rulemaking contact person listed below.
EFFECTIVE DATE: September 25, 2018
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 691, Rules for Underground Oil Storage Facilities; and
Ch. 693, Operator Training for Underground Oil, Hazardous Substance, and Field Constructed Underground Oil Storage Facilities, and Airport Hydrant Systems
ADOPTED RULE NUMBERS: 2018-205, 206
CONCISE SUMMARY: The Department has adopted updates to its Ch. 691 and 693 underground oil storage rules to include requirements under federal regulations that were passed in 2015. This will allow the Department to seek reauthorization for Maine’s underground oil storage tank program. The amendments also remove outdated aspects of the rule and other minor language improvements.
Most of the adopted changes to Ch. 691 are in accordance with the EPA’s regulatory changes in 2015. States with delegated authority such as Maine, are required to achieve regulatory consistency by October 13, 2018. The major changes within this rule, which were needed to gain consistency with federal regulations, include:
* Sump testing every 3 years, unless the sump is double walled, to ensure sumps are liquid tight. Changing the annual statistical inventory analysis leak detection method to monthly statistical inventory reconciliation. Currently 7 facilities would need to make this change and DEP staff has met with each facility (the last of these tanks are scheduled to be removed by August 1, 2019);
* Facilities may remain temporarily out of service for up to 12 months, a reduction from the current 24 months; however, approval to remain out of service for longer periods of time may be obtained from the Commissioner;
* Discharge investigation, response and corrective action is required for aboveground tanks associated with field constructed tanks or airport hydrant systems and wastewater treatment tank systems not regulated by the federal NPDES or pretreatment programs;
* Aligning discharge investigation and corrective actions to federal rules for protection of surface waters and consistency between the state and federal rules; and
* Installation of double walled spill buckets for new or replacement construction, eliminating the need for the 3-year sump testing.
EFFECTIVE DATE: September 26, 2018
AGENCY CONTACT PERSON: Tom Graham, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.Crawford@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order#10-18
ADOPTED RULE NUMBER: 2018 207 (Emergency)
CONCISE SUMMARY: Minimum October 2018 Class I price is $19.58/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $23.85/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: September 30, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, Department of Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 17-229 - Maine Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 601, Rules Relating to the Maine State Ferry Service
ADOPTED RULE NUMBER: 2018-208
CONCISE SUMMARY: This new rule is required by Resolve, To Improve the Safety of Ferries in the State, ch. 86, LD 1468. This rule will address the secure transport of medical samples by the Maine State Ferry Service (MSFS) to and from the islands that are serviced by the MSFS
EFFECTIVE DATE: September 29, 2018
DOT CONTACT PERSON / RULEMAKING LIAISON: Toni Kemmerle, Maine Department of Transportation, 16 State House Station, Augusta, Maine 04333. Telephone: (207) 624-3020. Email: Toni.Kemmerle@Maine.gov .
DOT WEBSITE: http://www.maine.gov/mdot/ .

AGENCY: 10-146 - Department of Health and Human Services, Maine Center for Disease Control and Prevention
CHAPTER NUMBERS AND TITLES:
Ch. 4, Disclosure of Vital Statistics Data, Reports and Record (Repeal and replace former Ch. 4, Rules for Public Access to Vital Records, and Ch. 8, Release of Restricted Vital Statistics Data)
ADOPTED RULE NUMBERS: 2018-209, 210
CONCISE SUMMARY: This rulemaking repeals and replaces 10-146 CMR ch. 4 and 8 with a new rule, 10-146 CMR ch. 4, to consolidate, update, and establish or clarify requirements related to public access to and standards for the release of vital statistics data, reports and records registered with the State Registrar for researchers, municipal clerks and the public. This rule implements the record disclosure requirements contained in 22 MRS §2706 and other statutes, and restricts parties’ access to certain records to only those with legitimate reasons to obtain the information. This rule includes new definitions and procedures and standards for release, purchase of copies, researchers’ privileges, and fees related to the Department’s vital statistics data, reports and records. The consolidated rule incorporates regulations for electronic submission, collection, preservation, certification, verification and the maintenance of the security and integrity of vital statistics data, reports and records. This rule contains (1) the criteria that must be met in order to access non-restricted or restricted vital statistics data, reports and records; (2) details for the application process, including eligibility determination, and the genealogical researcher identification card registration requirements; (3) a fee waiver for active duty personnel and certain government agencies; and (4) clarification regarding direct and legitimate interest, lineage and genealogist researcher access which may require a signed confidentiality agreement or a genealogist disclosure agreement. Rule updates are necessary to be consistent with changes to statute regarding access to specific records maintained by the Department, and are intended to better serve the public and researchers, and custodians and municipal clerks who issue vital records, by providing guidelines for accessing and disclosing restricted and non-restricted vital record information.
EFFECTIVE DATE: October 3, 2018
AGENCY CONTACT PERSON: Bridget Bagley, 11 State House Station, 286 Water Street, Augusta, Maine 04333-0011. Telephone: (207) 287-9394. E-mail: Bridget.Bagley@Maine.gov .
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .
MAINE DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 305, Licensing Requirements, Annual Reporting, Enforcement and Consumer Protection Provisions for Competitive Provision of Electricity
ADOPTED RULE NUMBER: 2018-211
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to the Commission’s Ch. 305, which governs licensing requirements, annual reporting, enforcement, and consumer protection provisions for competitive electricity providers (CEPs). The adopted rule conforms Ch. 305 to recent legislative changes regarding CEPs and transparency in the electricity supply market. Based on the Commission’s experience in implementing the rule, the adopted rule also provides additional customer protection standards with regard to small commercial customers and improves consumer protection standards regarding the marketing practices of CEPs.
EFFECTIVE DATE: September 30, 2018
AGENCY CONTACT PERSON / PUC RULEMAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
MPUC WEBSITE: http://www.maine.gov/mpuc/

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 45, Principles of Reimbursement for Hospital Services
ADOPTED RULE NUMBER: 2018-212
CONCISE SUMMARY: The Department adopts this rule pursuant to Resolves 2017 ch. 41, Resolve, Regarding Medicaid Reimbursement for Rehabilitation Hospitals. The adopted rule amends the Department of Health and Human Services rule, Ch. 101, MaineCare Benefits Manual, Ch. III Section 45.06, to increase the Medicaid per discharge reimbursement rate provided to rehabilitation hospitals to fifteen-thousand, one-hundred, sixty-one dollars and forty-three cents ($15,161.43) and reduces the total hospital supplemental pool as described in Section 45.07, by four-hundred thousand dollars ($400,000).
This rule also amends Section 45.13-2, “Additional Eligibility Requirements for Acute Care Hospitals”, reverting to the use of Interim Cost Reports, rather than Final Cost Reports, for purposes of determining whether a hospital is a Disproportionate Share Hospital in a payment year.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2018
AGENCY CONTACT PERSON: Anne E. Labonte, Comprehensive Health Planner II, Division of Policy, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4082. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Anne.Labonte@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
OMS RULEMAKING LIAISON: Samuel.Senft@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .