July 10, 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: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 235, Annual Audited Financial Reports
PROPOSED RULE NUMBER: 2019-P101
BRIEF SUMMARY: The proposed amendments update the current regulation in response to changes adopted by the National Association of Insurance Commissioners in 2014 and 2015. The amendments require certain large insurers or insurance groups to establish an internal audit function. The audit function must be organizationally independent from management.
PUBLIC HEARING: July 29, 2019, Department of Professional and Financial Regulation, Bureau of Insurance, Central Conference Room, 76 Northern Avenue, Gardiner, ME 04345 @ 10:00 a.m.
COMMENT DEADLINE: 4:30 p.m., August 9, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Susan Tardiff, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8415. Email: Susan.P.Tardiff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 24 MRS §2317(2); 24-A MRS §§ 212, 221-A(5), 4218
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
BUREAU WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULEMAKING LIAISON: Benjamin.Yardley@Maine.gov .

AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 705, Corporate Governance Annual Disclosure
PROPOSED RULE NUMBER: 2019-P102
BRIEF SUMMARY: This rule implements part of 2017 PL ch. 169, An Act To Update the Maine Insurance Code to Maintain Conformance with Uniform National Standards (LD 1544), enacted at 24-A MRS §423-F.  The rule sets forth the required contents and filing procedures for the Corporate Governance Annual Disclosure.
PUBLIC HEARING: July 29, 2019, Department of Professional and Financial Regulation, Bureau of Insurance, Central Conference Room, 76 Northern Avenue, Gardiner, ME 04345 @ 11:00 a.m.
COMMENT DEADLINE: 4:30 p.m., August 9, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Susan Tardiff, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8415. Email: Susan.P.Tardiff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRS §§ 212, 423-G(6), 6718(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
BUREAU WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULEMAKING LIAISON: Benjamin.Yardley@Maine.gov .

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
PROPOSED RULE NUMBERS: 2019-P103, P104
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine’s inland fisheries and to enhance fishing opportunities throughout the State. This rule-making packet includes proposals for: Addition of five (5) waters to the State Heritage Fish Waters list and removal of three (3) waters from the State Heritage Fish Waters list; Addition of “S-4” to tributaries of nineteen (19) south region State Heritage Fish Waters; Extending the end date of the “B.” ice fishing season to eliminate the need for emergency rule changes (including creating special language on two (2) waters to address harvest concerns); Amending eighteen (18) water specific regulations to address management changes, public requests, and to correct a law book error.
The list of proposals may be obtained from the Agency Contact Person or online at: https://www.maine.gov/ifw/news-events/rulemaking-proposals.html . The proposals, if adopted, will become effective January 1, 2020.
Members of the public are encouraged to review the proposals and provide comments by either attending the public hearing or submitting written comments by mail or email to the contact person for this filing. (All comments must be related to this rulemaking packet.) Note: Written comments are given equal consideration to testimony given at the public hearing.
PUBLIC HEARING: Wednesday, July 31, 2019 @ 4:00 p.m. – Maine Department of Inland Fisheries and Wildlife, upstairs conference room, 284 State Street, Augusta
COMMENT DEADLINE: August 12, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 12452 & 12461
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 259 (Repeal), Rules Establishing Blind Seroprevalence Surveys for Occurrence of HIV in Newborns
PROPOSED RULE NUMBER: 2019-P105
BRIEF SUMMARY: The Rules Establishing Blind Seroprevalence Surveys for Occurrence of HIV in Newborns, 10-144 CMR ch. 259, was originally adopted to establish procedures for a seroprevalence survey to target public health efforts to control HIV and to ensure the anonymity of all test subjects. This was a study involving newborn bloodspot specimens that occurred between 1988 and 1993. The statute that authorized the Department to adopt this rule was repealed in 1989. PL 1989 ch. 487 §12. Accordingly, the Department has determined that the rule needs to be repealed.
PUBLIC HEARING: public hearing not scheduled.
COMMENT DEADLINE: August 9, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Andrew Hardy, Maine CDC, 286 Water Street - 11 State House Station, Augusta, ME, 04333. Telephone: (287) 287-4490. Email: Andrew.Hardy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §42
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 273 (Repeal), Rules for the SSI Children’s Program of Services
PROPOSED RULE NUMBER: 2019-P106
BRIEF SUMMARY: The Department is proposing to repeal this rule. The rules for the SSI Children’s Program of Services were originally adopted on May 19, 1980. The intent of the rule was to provide medical and health services to children receiving SSI when referred to the program by the Social Security Administration. The rule provides information on eligibility, services provided and reimbursed through the program, provider reimbursement, confidentiality, and rights of appeal. The Maine CDC is proposing to repeal this rule, because these services have long been provided through the DHHS, Office of Child and Family Services and MaineCare. No services are provided pursuant to this rule. Therefore, the Department is proposing to repeal the rule, because it is no longer necessary.
PUBLIC HEARING: no public hearing scheduled.
COMMENT DEADLINE: August 9, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Andrew Hardy, Maine CDC, 286 Water Street - 11 State House Station, Augusta, ME, 04333. Telephone: (287) 287-4490. Email: Andrew.Hardy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42, 1951, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 282 (Repeal), Prenatal Care Program
PROPOSED RULE NUMBER: 2019-P107
BRIEF SUMMARY: The Maine CDC is proposing to repeal this rule. The Prenatal Care Program rule was originally adopted to define and describe the program standards necessary, that encouraged pregnant adolescent women to obtain prenatal care, including those who lacked healthcare insurance or the financial resources necessary to obtain prenatal care. Pregnant women 18 years or younger can become eligible for prenatal services under similar eligibility criteria through 10-144 CMR ch. 332, MaineCare Eligibility Manual, and through the Maine Center for Disease Control and Prevention, Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) program. No services are provided pursuant to this rule. Therefore, the Department has determined that this rule is no longer necessary and is proposing its repeal.
PUBLIC HEARING: no public hearing scheduled.
COMMENT DEADLINE: August 9, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Andrew Hardy, Maine CDC, 286 Water Street - 11 State House Station, Augusta, ME, 04333. Telephone: (287) 287-4490. Email: Andrew.Hardy@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42, 1951, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .

ADOPTIONS

AGENCY: 12-179 – Department of Labor (DOL), Bureau of Labor Standards (BLS), Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 8 (New), Occupational Safety and Health Standards for Whistleblowers / Discrimination in the Public Sector
ADOPTED RULE NUMBER: 2019-110
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference where applicable rules governing Occupational Safety and Health as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1977 as of June 1, 2018.
EFFECTIVE DATE: July 7, 2019
AGENCY CONTACT PERSON: Steve Greeley, Department of Labor, 45 Commerce Drive – 54 State House Station, Augusta, ME 04333. Telephone: (207) 623-7916. Email: Steven L.Greeley@Maine.gov .
BLS WEBSITE: http://www.maine.gov/labor/bls/index.shtml .
DOL RULEMAKING LIAISON: Isaac.H.Gingras@Maine.gov .

AGENCY: 12-179 – Department of Labor (DOL), Bureau of Labor Standards (BLS), Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 9 (New), Occupational Safety and Health Standards for Issuing Variances in the Public Sector
ADOPTED RULE NUMBER: 2019-111
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference where applicable rules governing Occupational Safety and Health as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1905 as of June 1, 2018.
EFFECTIVE DATE: July 7, 2019
AGENCY CONTACT PERSON: Steve Greeley, Department of Labor, 45 Commerce Drive – 54 State House Station, Augusta, ME 04333. Telephone: (207) 623-7916. Email: Steven L.Greeley@Maine.gov .
BLS WEBSITE: http://www.maine.gov/labor/bls/index.shtml .
DOL RULEMAKING LIAISON: Isaac.H.Gingras@Maine.gov .

AGENCY: 12-179 – Department of Labor (DOL), Bureau of Labor Standards (BLS), Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 10 (New), Occupational Safety and Health Standards for Section 1908 Consultation Guidelines in the Public Sector
ADOPTED RULE NUMBER: 2019-112
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference where applicable rules governing Occupational Safety and Health as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1908 as of June 1, 2018.
EFFECTIVE DATE: July 7, 2019
AGENCY CONTACT PERSON: Steve Greeley, Department of Labor, 45 Commerce Drive – 54 State House Station, Augusta, ME 04333. Telephone: (207) 623-7916. Email: Steven L.Greeley@Maine.gov .
BLS WEBSITE: http://www.maine.gov/labor/bls/index.shtml .
DOL RULEMAKING LIAISON: Isaac.H.Gingras@Maine.gov .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 16, Low-Income Housing Tax Credit Rule
ADOPTED RULE NUMBER: 2019-113
CONCISE SUMMARY: The rule, as repealed and replaced, is the qualified allocation plan for allocating and administering the 2020 state ceiling of federal low income housing tax credits for the State of Maine.
EFFECTIVE DATE: July 8, 2019
MAINEHOUSING WEBSITE: http://www.mainehousing.org/ .
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. 711 (Maine Relay). Email: LUhl@MaineHousing.org .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program Rule
ADOPTED RULE NUMBER: 2019-114
CONCISE SUMMARY: This replacement rule repeals and replaces in its entirety the current Home Energy Assistance Program Rule. The rule establishes standards for administering fuel assistance, emergency fuel assistance, Supplemental Benefits funded by TANF funds, weatherization, and heating system repair and replacement funds to low income households in the State of Maine.
EFFECTIVE DATE: July 8, 2019
MAINEHOUSING WEBSITE: http://www.mainehousing.org/ .
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. 711 (Maine Relay). Email: LUhl@MaineHousing.org .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 288, Parenting Education Scholarship Program
ADOPTED RULE NUMBER: 2019-115 (Repeal)
CONCISE SUMMARY: The Department of Health and Human Services Maine Center for Disease Control and Prevention is repealing this rule. There is no statutory requirement that the Department implement and fund the Parenting Education Scholarship Program. This program went out of existence years ago. Therefore, the rule governing this non-existent program is being repealed.
EFFECTIVE DATE: July 29, 2019
MAINE CDC CONTACT PERSON / RULEMAKING LIAISON: Tera Pare, J.D., Maine CDC, 11 State House Station - 286 Water Street, Augusta, ME, 04333-0011. Telephone: (207) 287-5680. Email: Tera.Pare@Maine.gov .
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .

AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 692, Siting of Oil Storage Facilities
ADOPTED RULE NUMBER: 2019-116 (Final adoption, major substantive)
CONCISE SUMMARY: Ch. 692 sets forth restrictions on the geographic location of new oil storage to protect drinking water resources from oil contamination in accordance with 38 MRS §1391. The adopted amendments provide flexibility to municipalities and businesses siting oil storage facilities, provided certain criteria and design standards are met. The amendments also add variance language to allow for more areas to be developed without negatively impacting groundwater or drinking water.
EFFECTIVE DATE: August 7, 2019
DEP CONTACT PERSON: Tom Graham, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04330-0017. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Mark.T.Margerum@Maine.gov .