January 2, 2019

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: 01-015 - Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-19
PROPOSED RULE NUMBER: 2018-P287
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: January 24, 2019, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: January 24, 2019
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 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, Rule #203P: FS-111-2, General Program Requirements / Non-Financial Eligibility Factors
PROPOSED RULE NUMBER: 2018-P288
BRIEF SUMMARY: This rule allows state-funded Food Supplement recipients (and their children under 18) who were eligible due to the hardship of waiting for work documentation to remain eligible once work documentation is received, if they are not yet employed.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None.
COMMENT DEADLINE: February 1, 2019
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: Municipal General Assistance programs may see a corresponding decrease in expenditures.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42(1), 3104-A
OFI RULES WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
FOOD SUPPLEMENT PROGRAM WEBSITE: https://www.maine.gov/dhhs/ofi/services/snap/index.html .
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 #110P (State Funded Non-Citizen Hardship): Ch. II, Eligibility Requirements (Non-Financial)
PROPOSED RULE NUMBER: 2018-P289
BRIEF SUMMARY: This rule provides cash assistance to legally admitted aliens who would be eligible for the TANF program but for their status as aliens under PRWORA. Specifically, in response to the Maine Supreme Court's decision in Manirakiza v. Department of Health and Human Services, this rule re-implements an eligibility category for legally admitted aliens who have obtained proper work documentation from USCIS but who have not yet obtained employment. This rule is consistent with 22 MRS §3762(3)(B)(d).
Other Changes: in addition to the change in policy, this proposed rule also contains changes to correct formatting, citations, and grammar. The following changes were also made to clarify intent:
Section IV(a)(2) - Clarified that eligibility for a Pregnant Woman grant is dependent on whether there are other TANF otherwise eligible children in the home.
Section V(b)(l) - Clarified policy when a caretaker relative opts off the TANF grant and claims the TANF children as tax dependents. This was left out in error during the recent repeal and replace of Ch. II Section V(d) - Clarified that an SSI or State Supplement individual must receive a benefit in order to opt out of the TANF AG.
Section V(d)(l) and (2) - Clarified when an otherwise eligible caretaker relative of an SSI child may receive TANF while excluding the other eligible children in the household.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None.
COMMENT DEADLINE: February 1, 2019
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 §3762(3)(B)(d)
OFI RULES 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. 2, Aquaculture Lease Regulations
PROPOSED RULE NUMBER: 2018-P290
BRIEF SUMMARY: This proposed rule would make a number of changes to clarify the aquaculture leasing regulations, including the elimination of redundant language from 12 MRS §§ 6072, 6072-A, and the Maine Administrative Procedure Act. It would also eliminate duplicative references to the National Shellfish Sanitation Program (NSSP) Model Ordinance, and include the addition or modification of provisions based on the NSSP including maintenance of a lease operation plan, preventing the accumulation of animal waste on structures, proper disposal of human waste, and the activities that an authorized representative of an aquaculture license holder, in accordance with 12 MRS §6810-B, may engage in. It would also make several changes to the leasing procedures for standard and limited-purpose aquaculture leases, including the adjustment of the timing for the scoping session, the information required to be submitted regarding an applicant’s financial capability, and a prohibition on the siting of leases within the 300:1 dilution zone around a wastewater treatment plant. It would create lease expansion application procedures in accordance with 12 MRS §6072(12-C). The proposed rule would also restrict the number of pending limited-purpose lease applications any one applicant could have in process to two applications. It would clarify that an emergency lease could be utilized when the safety of the consumer is threatened, as well as that of the shellfish or animal. The proposed rule also clarifies and establishes additional minimum lease maintenance standards.
PUBLIC HEARINGS:
January 22, 2019, 5:00 p.m., Yarmouth Log Cabin, 196 Main Street, Yarmouth, ME
January 23, 2019, 5:00 p.m., Rockland Ferry Terminal, 517A Main Street, Rockland, ME
January 24, 2019, 5:00 p.m., Ellsworth City Hall, 1 City Hall Plaza, Ellsworth, ME
If any hearing(s) listed above is postponed due to weather, an alternate hearing will be held as follows: January 25, 2019, 2:00 p.m., Marquardt Building, 32 Blossom Lane, Augusta, ME. Notice of a postponement will be posted on DMR’s website.
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: February 4, 2019
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: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: §§ 6072, 6072-A, 6072-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

ADOPTIONS

AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry (DACF), Bureau of Parks and Lands (BPL)
CHAPTER NUMBER AND TITLE: Ch. 57 (New), Logging and Forestry Education Grant Program
ADOPTED RULE NUMBER: 2018-273
CONCISE SUMMARY: This rule establishes standards for the Bureau of Parks and Lands’ administration of an educational grant program for public secondary or public postsecondary institutions or career and technical education centers that are related to logging or forestry.
EFFECTIVE DATE: January 2, 2019
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / DACF RULEMAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry,  22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. Email: Mari.Wells@Maine.gov .
BPL WEBSITE: http://www.maine.gov/dacf/parks/index.shtml .

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 275, Medicare Supplement Insurance
ADOPTED RULE NUMBER: 2018-274
CONCISE SUMMARY: The primary purpose of the amendment is to comply with Section 401 of the federal Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). This act prohibits the sale of Medicare supplement insurance policies that cover Part B deductibles on or after January 1, 2020. Other changes include updating a reference to the adjusted average age of Medicare supplement covered lives for all issuers in the Maine market based on rate filings, repeal of references to obsolete paper rate filing procedures, a clarification that for purposes of the rule “employee welfare benefit plan” includes COBRA and mini-COBRA coverage and a clarification that Medicare counts as creditable coverage only during a person’s 6-month open enrollment period.
EFFECTIVE DATE: December 26, 2018
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Benjamin Yardley, Senior Staff Attorney, Department of Professional & Financial Regulation, Bureau of Insurance, 34 State House Station - 76 Northern Avenue, Gardiner, ME 04345. Telephone: (207) 624-8537. Email: Benjamin.Yardley@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .

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#01-19
ADOPTED RULE NUMBER: 2018-275 (Emergency)
CONCISE SUMMARY: Minimum January 2019 Class I price is $18.37/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $2.79/cwt. handling fee for a total of $24.03/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: December 30, 2018
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission - 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 .