August 28, 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: 02-380 - Maine State Board of Nursing (affiliated with the Department of Professional and Financial Regulation – PFR)
RULE TITLE OR SUBJECT: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
PROPOSED RULE NUMBER: 2019-P042 (2nd publication)
CONCISE SUMMARY: Per LD 1166, SP 387, An Act Regarding Anesthesia Care in Maine, effective September 12, 2017, the proposed rule addresses the elimination of the certified registered nurse anesthetist’s requirement to be accountable to a licensed physician or dentist in rural and critical access hospitals. The proposed rule adds prescriptive authority to the CRNA’s scope of practice in the preoperative and immediate postoperative period. The rule clarifies the treatment and prescribing of medications to family and friends, allows for the initial licensure of advanced practice nurses that may have a degree that is more than a master’s degree, reduces the continuing education requirement, and clarifies the twenty-four-month supervisory requirement.
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: September 27, 2019
BOARD CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: Virginia deLorimier, MSN, RN, Assistant Executive Director, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1147. Email: Virginia.E.deLorimier@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRS §§ 2153-A(1), 2102(2-A), 2211(4)
BOARD WEBSITE: http://www.maine.gov/boardofnursing/ .

AGENCY: 02-380 - Maine State Board of Nursing (affiliated with the Department of Professional and Financial Regulation – PFR)
RULE TITLE OR SUBJECT: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
PROPOSED RULE NUMBER: 2019-P148
CONCISE SUMMARY: Changes the number of hours of the Certified Nursing Assistant (CNA) Prescribed Curriculum, provides for more flexibility with additional CNA skills training, quantifies the meaning of the ability to read and write English, and clarifies what recently graduated means in the section for certified nursing assistants from out of state.
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: September 27, 2019
BOARD CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: Virginia deLorimier, MSN, RN, Assistant Executive Director, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1147. Email: Virginia.E.deLorimier@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRS §§ 2102, 2153-A(1)
BOARD WEBSITE: http://www.maine.gov/boardofnursing/ .

AGENCY: 02-380 - Maine State Board of Nursing (affiliated with the Department of Professional and Financial Regulation – PFR)
RULE TITLE OR SUBJECT: Ch. 10, Regulations Relating to Administration of Intravenous Therapy by Licensed Nurses
PROPOSED RULE NUMBER: 2019-P149
CONCISE SUMMARY: The proposed language will remove the requirement of a licensed practical nurse intravenous therapy certification course approved by the Board and to allow the facilities to provide the intravenous therapy training specific to the needs of that facility.
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: September 27, 2019
BOARD CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: Virginia deLorimier, MSN, RN, Assistant Executive Director, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1147. Email: Virginia.E.deLorimier@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRS §§ 2102(2)(C), 2153-A(1)
BOARD WEBSITE: http://www.maine.gov/boardofnursing/ .

AGENCY: 16-219 – Department of Public Safety (DPS), Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Ch. 1, Fee Schedules for Plans Examination
PROPOSED RULE NUMBER: 2019-P150
BRIEF SUMMARY: This proposed rule updates the fee schedule for the review of plans of construction, reconstruction, repairs and renovations so they will reflect the fee structure listed in Maine statute 25 MRS §2450.
PUBLIC HEARING: N/A
COMMENT DEADLINE: September 29, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Michelle Mason Webber, Sr. Planning and Research Analyst, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 25 MRS §§ 2450, 2452; 32 MRS §1374
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FIRE MARSHAL RULEMAKING WEBSITE: https://www.maine.gov/dps/fmo/fire-service-laws/rules/proposed .
FIRE MARSHAL WEBSITE: https://www.maine.gov/dps/fmo/ .
FIRE MARSHAL RULEMAKING LIAISON: Joseph.E.Thomas@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 5, State Owned Wildlife Management Areas, Shooting Ranges (and Boat Launch Facilities)
PROPOSED RULE NUMBER: 2019-P151
BRIEF SUMMARY: In accordance with 12 MRS §2701 sub-§5, the Commissioner may adopt rules regulating public use of Department owned or maintained boat launch facility sites. The proposed rule will provide the Department and public clear guidance on how water access facilities can be utilized. Types of use such as swimming, parking, discharging of waste, fires and camping are clarified to provide the Department and law enforcement the ability to ensure public safety. Rules unique to the specific state-owned boat launch facility site at Mere Point in Brunswick will be limited to boats with a length of 24 feet or less and provide regulations for overnight parking at the site. A complete copy of the proposed rule is available from the contact person listed below.
PUBLIC HEARING: Monday, September 16, 2019 @ 4:00pm – Inland Fisheries and Wildlife, upstairs conference room, 284 State Street, Augusta
COMMENT DEADLINE: September 26, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 12701
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #291P – SBW Premium Rule: Chart 3.8, Premiums for Special Benefits Waiver [Maine Section 1115 Health Care Reform Demonstration for Individuals with HIV/AIDS].
PROPOSED RULE NUMBER: 2019-P152
BRIEF SUMMARY: The proposed increase of monthly premiums, required under certain circumstances for enrollment in the Special Benefits Waiver (SBW) program, is necessary to comply with the waiver agreement (Maine Section 1115 Health Care Reform Demonstration for Individuals with HIV/AIDS, Part V, Paragraph 21) between The Department of Health and Human Services (DHHS) and The Centers for Medicare and Medicaid Services (CMS). Premium amounts for calendar year 2019 through calendar year 2028 have been negotiated between the Office of MaineCare Services (OMS) and CMS.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: September 27, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Esther Bullard, MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 109 Capitol Street – 11 State House Station, Augusta, ME 04330-6841. Telephone: (207) 624-4178. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Esther.Bullard@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42(1), 3173; 42 USC §1396a et seq.
OFI RULEMAKING WEBSITE: http://www.maine.gov/dhhs/ofi/rules/index.shtml .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS WEBSITE: http://www.maine.gov/dhhs/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 19, Homeless Solutions Rule
PROPOSED RULE NUMBER: 2019-P153
BRIEF SUMMARY: The proposed rule repeals and replaces the current Homeless Solutions Rule in order to (i) revise and update language where appropriate; (ii) address concerns regarding bed utilization; and (iii) make changes to the funding formula allocation. A copy of the proposed replacement rule may be found at www.mainehousing.org .
PUBLIC HEARING: A public hearing will be held on Tuesday, September 17, 2019 at 9:45 a.m. at Maine State Housing, 353 Water Street, Augusta, Maine 04330-4633. Maine State Housing Authority's office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, September 27, 2019 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MAINEHOUSING RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 89 State House Station - 353 Water Street, Augusta, Maine 04330-4633 Telephone: (207) 626-4600; (800) 452-4668 (voice in state only); or Maine Relay 711 Email: luhl@mainehousing.org .
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRS §§ 4741 (1) and (18); 42 USCA §§ 11301 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above.
MAINEHOUSING WEBSITE: http://www.mainehousing.org/ .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program
PROPOSED RULE NUMBER: 2019-P154
BRIEF SUMMARY: The proposed rule repeals and replaces the current Home Energy Assistance Program rule which establishes standards for the Fuel Assistance Program, the Energy Crisis Intervention Program, HEAP Weatherization, the Central-Heating Improvement Program, and Supplemental Benefits. A copy of the proposed replacement rule may be found at www.mainehousing.org .
PUBLIC HEARING: A public hearing will be held on Tuesday, September 17, 2019 at 9:30 a.m. at Maine State Housing, 353 Water Street, Augusta, Maine 04330-4633. Maine State Housing Authority's office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, September 27, 2019 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MAINEHOUSING RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 89 State House Station - 353 Water Street, Augusta, Maine 04330-4633 Telephone: (207) 626-4600; (800) 452-4668 (voice in state only); or Maine Relay 711 Email: luhl@mainehousing.org .
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES. None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRS §§ 4722(1)(W), 4741 (1) and (15), and 4991 et seq.; 42 USCA §§ 8621 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above
MAINEHOUSING WEBSITE: http://www.mainehousing.org/ .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 313, Customer Net Energy Billing
PROPOSED RULE NUMBER: 2019-P155
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend its net energy billing (NEB) rules (Ch. 313) as required by recently enacted legislation.
PUBLIC HEARING: September 16, 2019 - 9:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: September 30, 2019. Interested persons may file initial comments on the proposed rule using the Commission's Case Management System (CMS), in Docket No. 2019-00197, on or before September 11, 2019. Interested persons may file final comments on the proposed rule using the Commission’s Case Management System (CMS), in Docket No. 2019-00197, on or before September 30, 2019. All comments will appear in the Case Management System, which is accessible from the Commissions’ website. Comments should refer to Docket Number 2019-00197 when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Mitch Tannenbaum, Maine PUC, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1391. Email: Mitchell.Tannenbaum@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact.
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 1301, 3203(9), 3210; Public Law 2019 ch. 478
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine/gov/mpuc .
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

ADOPTIONS

AGENCY: 02-380 - Maine State Board of Nursing (affiliated with the Department of Professional and Financial Regulation – PFR)
CHAPTER NUMBER AND TITLE: Ch. 11, Regulations Relating to Nurse Licensure Compact
ADOPTED RULE NUMBER, 2019-153 (Repeal)
CONCISE SUMMARY: Ch. 11 is superseded by Sec. A-1, 32 MRSA c. 31 sub-c. 2-A, also entitled Nurse Licensure Compact.
EFFECTIVE DATE: August 26, 2019
BOARD CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: Virginia deLorimier, MSN, RN, Assistant Executive Director, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1147. Email: Virginia.E.deLorimier@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRS c. 31 sub-c. 2-A
BOARD WEBSITE: http://www.maine.gov/boardofnursing/ .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 32, Electric Utilities Service Standards
ADOPTED RULE NUMBER: 2019-154 (Repeal)
CONCISE SUMMARY: The Public Utilities Commission repeals Ch. 32 of the Commission's Rules (65-407 CMR ch. 32), which sets forth rules establishing service standards for electric transmission and distribution utilities. Ch. 32 has been replaced by Ch. 320, which was adopted by the Commission on June 7, 2019.
EFFECTIVE DATE: August 27, 2019
MPUC CONTACT PERSON / 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations (North Zone General Law)
ADOPTED RULE NUMBER: 2019-155
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended the General Law for fishing regulations in the North Region (Franklin, Somerset, Piscataquis, Aroostook, and northern portions of Oxford and Penobscot Counties) to further protect wild trout waters, including tributaries and outlets of heritage ponds in the North Region. The rule will prohibit use and possession of live fish as bait, except where designated by special rule (S-11 ), reducing the chance of new introductions of baitfish and other fish in the vast majority of flowing waters, dead-waters and small ponds in the North Region. The majority of waters with traditional use of live fish as bait will continue to allow such use under this proposal by addition of the special code. A new section in General Law titled "Terminal Gear" has also been added. The list of affected waters and amended General Law may be obtained from the Agency Contact Person below. The new rules will become effective January I, 2020 and will be published in the 2020 Maine Open Water and Ice Fishing regulations booklet and posted on the Department's website at: http://www.maine.gov/ifw/fishingboating/fishing/laws-rules/index.html .
EFFECTIVE DATE: January I, 2020
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. 1, Open Water and Ice Fishing Regulations (Conroy Lake Petition)
ADOPTED RULE NUMBER: 2019-156
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted the following change to fishing regulations for CONROY LAKE, Monticello (North Region). General fishing laws apply, except: B, CI. S-8, S-19. Open to open water fishing from October 1 - November 30: ALO, S-7. The rule is the result of a valid public petition to consider opening Conroy Lake to ice fishing. Beginning January I, 2020, Conroy Lake will be open to ice fishing under the B season code, January 1 - March 31.
EFFECTIVE DATE: January 1, 2020
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/ .