October 9, 2019

(posted October 8)

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. 584, Surface Water Quality Criteria for Toxic Pollutants
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P180 (2nd publication)
BRIEF SUMMARY: The Department is proposing to amend the existing Ch. 584: Surface Water Quality Criteria for Toxic Pollutants. This rule establishes ambient water quality criteria for toxic pollutants in the surface waters of the State and sets forth procedures that may be used to determine alternative statewide criteria or site-specific criteria adopted as part of a licensing proceeding. The purpose of the rulemaking proposal is to implement Human Health Criteria based on updates to 38 MRS §466 sub-§10-A for the designated use of sustenance fishing, institute water effect ratios (WERs) for the Androscoggin and St. Croix rivers, as well as promulgate new ambient water quality criteria (AWQC) for copper in the Little Androscoggin River based on the Biotic Ligand Model (BLM), and introduce carbaryl in the non-priority pollutant list. The proposal also updates AWQC for human health using methodology from the U.S. Environmental Protection Agency (USEPA) Human Health Ambient Water Quality Criteria 2015 update.
PUBLIC HEARING: November 21, 2019 - 9:00 a.m., Augusta Civic Center, 76 Community Drive, Augusta
COMMENT DEADLINE: December 6, 2019 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Cindy Dionne, Maine DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7823. Fax: (207) 287-3435. Email: Cindy.L.Dionne@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact on municipalities or counties is anticipated from this proposal.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS § 341-H, 420, 464(5); Public Law 2019 ch. 463.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DEP RULES WEBSITE: http://www.maine.gov/dep/rules/.
DEP WEBSITE: http://www.maine.gov/dep/rules/
DEP RULEMAKING LIAISON: Mark.T.Margerum@Maine.gov.

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 40, Rule for Medication Administration in Maine Schools
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2019-P181
BRIEF SUMMARY: This rule provides directions to public and private schools approved pursuant to 20-A MRS §2902 in the administration of medication within schools . It is to assist school administrative units in implementing the provision of the medication statute [20-MRS §254(5)(A-D)] that provides direction for training of unlicensed school personnel in the administration of medication, requires that students be allowed to carry and self-administer prescribed emergency medications; specifically, asthma inhalers or epinephrine auto-injectors with health care provider approval and school nurse assessment demonstrating competency and authorizes any student who attends public school to possess and use topical sunscreen product while on school property or at a school-sponsored event without a note or prescription from a health care provider if the product is regulated by the federal Food and Drug Administration for over-the-counter use for the purpose of limiting skin damage from ultraviolet radiation. In addition refinements have been made to the proposed rule related to medications related to the care of insulin dependent diabetes.
PUBLIC HEARING: October 28, 2019 from 1-2:30 p.m. in Room 500 of the Cross State Office Building, Augusta, Maine
COMMENT DEADLINE: November 22, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Emily Poland, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6688. Email: Emily.Poland@Maine.gov.
IMPACT ON MUNICIPALITIES OR COUNTIES:
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §254(5)(A-C)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov.

AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 180, Performance Evaluation and Professional Growth Systems
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2019-P182
BRIEF SUMMARY: This proposed rulemaking provides a sunset for Section 7, “Student Learning and Growth Measures”, which are no longer a requirement. School administrative units will have flexibility in developing multiple measures on the local level. Section 13, subsection 3 has been revised to reflect "A majority of the steering committee members must be teachers and must be chosen by the local representative of the applicable collective bargaining unit if the teachers in the school administrative unit are covered by a collective bargaining agreement."
The Department will be developing guidance to be available on the PEPG General Resources web page.
PUBLIC HEARING: October 28, 2019 10-11:30 a.m., Room 500 of the Cross· State Office Building, Augusta, Maine
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Emily Gribben, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6748. Email: Emily.Gribben@Maine.gov.
COMMENT DEADLINE: November 22, 2019
IMPACT ON MUNICIPALITIBS OR COUNTIBS (if any):
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRS §13706
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE RULEMAKING LIAISON: Jaci.Holmes@Maine.gov.

AGENCY: 09-585 - Department of Inland Fisheries and Wildlife (IFW), Maine Outdoor Heritage Fund Board (MOHF)
CHAPTER NUMBER AND TITLE: Ch. 25, Maine Outdoor Heritage – Strategic Plan
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P183
BRIEF SUMMARY: The Maine Outdoor Heritage Fund Board is proposing to amend its strategic plan to provide a six-year review of the plan. Updates will be made to provide more clarity of the projects involvement in the four established categories. A complete copy of the proposal may be obtained from the contact person listed below.
PUBLIC HEARING: October 31, 2019 - 1:00 p.m., Department of Agriculture, Conservation, and Forestry, Deering Building Room 101, Augusta, Maine
COMMENT DEADLINE: November 11, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MOHF RULEMAKING LIAISON: Carol Gay, Maine Outdoor Heritage Fund. 37 Wiscasset Road, Pittston, ME 04345. Telephone: (207) 458-8421. Email: mohf@gwi.net.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §10308
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.maine.gov/ifw/mohf.
MOHF RULEMAKING LIAISON: mohf@gwi.net.

AGENCY: 16-219 – Department of Public Safety (DPS), Office of State Fire Marshal (FMO)
CHAPTER NUMBER AND TITLE: Ch. 3, Fire Protection Code
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P184
BRIEF SUMMARY: This proposed rule adopts the 2018 edition of NFPA #1, Uniform Fire Code and is critical to the general fire safety in and around buildings in the State of Maine. It includes Ch. 38, which covers the fire safety of marijuana grow and extraction facilities. This code also addresses new technology that will allow for compliance with the code and in some situations allow for equivalences .
PUBLIC HEARING: N/A
COMMENT DEADLINE: November 11, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT: 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: There is not expected to be a significant fiscal impact with the adoption of this code. The fire protection industry is already instituting many of the requirements already.
STATUTORY AUTHORITY FOR THIS RULE: 25 MRS §2452
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FMO RULEMAKING WEBSITE: https://www.maine.gov/dps/fmo/fire-service-laws/rules/proposed .
FMO WEBSITE: https://www.maine.gov/dps/fmo.
FMO RULEMAKING LIAISON: Joseph.E.Thomas@Maine.gov.

AGENCY: 16-219 – Department of Public Safety (DPS), Office of State Fire Marshal (FMO)
CHAPTER NUMBER AND TITLE: Ch. 17, National Fire Alarm and Signaling Code, NFPA #72
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P185
BRIEF SUMMARY: This proposed rule adopts the 2019 edition of NFPA 72, which includes recognition of new technology such as Voice over Internet Protocol and Ethernet communications and allows technology available for years to be used in the fire alarm and signaling industry. The adoption of the 2019 edition of NFPA 72 also incorporates the subject matter of the State Fire Marshal’s rule Ch. 18, which is being repealed. The rule is intended to allow companies to use newer equipment and provide building owners with more options for compliance with the standard.
PUBLIC HEARING: None
COMMENT DEADLINE: November 11, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT: 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: There should be no fiscal impact from the adoption of this code.
STATUTORY AUTHORITY FOR THIS RULE: 25 MRS §§ 2396, 2452
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FMO RULEMAKING WEBSITE: https://www.maine.gov/dps/fmo/fire-service-laws/rules/proposed .
FMO WEBSITE: https://www.maine.gov/dps/fmo.
FMO RULEMAKING LIAISON: Joseph.E.Thomas@Maine.gov.

AGENCY: 16-219 – Department of Public Safety (DPS), Office of State Fire Marshal (FMO)
CHAPTER NUMBER AND TITLE: Ch. 18, Carbon Dioxide Alarms
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P186 (Repeal)
BRIEF SUMMARY: This rule is being repealed because the adoption of the 2019 edition of NFPA 72 in Ch. 17 will incorporate the subject matter of the State Fire Marshal’s rule Ch. 18.
PUBLIC HEARING: None
COMMENT DEADLINE: November 11, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT: 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 §2468
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FMO RULEMAKING WEBSITE: https://www.maine.gov/dps/fmo/fire-service-laws/rules/proposed .
FMO WEBSITE: https://www.maine.gov/dps/fmo.
FMO RULEMAKING LIAISON: Joseph.E.Thomas@Maine.gov.

AGENCY: 16-219 – Department of Public Safety (DPS), Office of State Fire Marshal (FMO)
CHAPTER NUMBER AND TITLE: Ch. 20, Fire Safety in Buildings and Structures
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P187
BRIEF SUMMARY: This proposed rule adopts NFPA #101, Life Safety Code to align our state adopted code with several federal codes that we enforce. It adopts updated versions of NFPA #80, 201 and 221, all of these standards work in unison with NFPA #101 to provide a minimum safety standard in and around all buildings in the State of Maine. Adoption of NFPA #241 was needed as it is now a standalone standard instead of being part of a larger standard. It will allow our office and municipalities to ensure safety during the construction of buildings.
PUBLIC HEARING: N/A
COMMENT DEADLINE: November 11, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT: 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: There is not expected to be a significant fiscal impact with the adoption of this code. The fire protection industry is already instituting many of the requirements already.
STATUTORY AUTHORITY FOR THIS RULE: 25 MRS §2452; 8 MRS §236
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FMO RULEMAKING WEBSITE: https://www.maine.gov/dps/fmo/fire-service-laws/rules/proposed .
FMO WEBSITE: https://www.maine.gov/dps/fmo.
FMO RULEMAKING LIAISON: Joseph.E.Thomas@Maine.gov.

AGENCY: 65-625 – Maine Public Utilities Commission (MPUC), Emergency Services Communications Bureau
CHAPTER NUMBER AND TITLE: Ch. 5, Standards for the Implementation and Administration of Emergency Fire Dispatch Protocols
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P188
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to amend its emergency fire dispatch protocols as a result of discussions in a stakeholder group convened pursuant to Resolves 2019 c. 24 (MPUC Docket No. 2019-00159).
PUBLIC HEARING: November 1, 2019 - 9:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: November 12, 2019. Comments may be filed until November 12, 2019. However, the Commission requests that comments be filed by close of business October 29, 2019, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2019-00243. All comments will appear in the Commission’s case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Paulina Collins, Public Utilities Commission, 18 State House Station, Augusta, Maine 04347. (207) 287-1566. Email: Paulina.Collins@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal Impact
STATUTORY AUTHORITY FOR THIS RULE: 25 MRS §2927(3-C)(A)
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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 323, Maine General Assistance Manual: GA 22, Access for Certain Non-Citizens (Sections II, IV)
ADOPTEDRULENUMBER: 2019-176
CONCISE SUMMARY: This rule amends sections II and IV of the Maine General Assistance Manual.
In 2015, the Maine Legislature amended the definition of "eligibility" in the Municipal General Assistance law through PL 2015 ch. 324, codified at 22 MRS §4301(3), by adding the following sentence: "Beginning July 1, 2015, in accordance with 8 United States Code, Section 162l(d), "eligible person" means a person who is lawfully present in the United States or who is pursuing a lawful process to apply for immigration relief, except that assistance for such a person may not exceed 24 months." The terms "lawfully present" and "pursuing a lawful process to apply for immigration relief' were not defined in the statute. In April 2016 the Department adopted regulations defining those terms.
On July 18, 2019, the Department adopted emergency rules, which amended the definition of "lawfully present" and "pursuing a lawful process to apply for immigration relief' in Section II of the regulation. The emergency rule broadened the definitions to include asylum seekers who provide proof that they are taking "reasonable good steps" to apply for immigration relief, including pursuit of asylum or other adjustments of immigration status. The definition of 'pursuing a lawful process to apply for immigration relief' also set forth what types of documentation would be required to prove that an individual was taking reasonable, good faith steps to apply for immigration relief with the U.S Citizenship and Immigration Services or before an immigration judge. In addition, the emergency rule made the following changes to Section IV(N): (1) required those individuals provide satisfactory proof to the municipalities, as defined in Section Il, that they are either lawfully present or pursuing a lawful process to apply for immigration relief; and (2) required municipalities to provide relevant information to the Department upon request, for purposes of program integrity and coordination and prevention of duplication of services.
This rulemaking proposes to make the July 18, 2019 emergency changes permanent.
In addition to the July 18, 2019 emergency changes, the Department is adopting the following changes to this rule:
1) Amending the definition of "eligible person" in Section II, so that it more closely comports with the statutory definition in 22 MRS §4301(3).
2) The definition of "pursuing a lawful process to apply for immigration relief' has been amended to provide:
    a. that the act of taking reasonable good faith steps to apply for immigration relief must be done within twelve months of arrival to the United States (as a result of comments);
    b. Changing "been unable to file" to "not yet filed" (as a result of comments);
    c. Corrected a term to: "master calendar hearing" (as a result of comments);
    d. Added the phrase "or any other federal immigration agency" to broaden the scope of agencies providing authorized documentation (as a result of comments).
See http://www.maine.gov/dhbs/ofi/rules/index.shtmlfor rules and related rulemaking documents.
EFFECTIVE DATE: October 16, 2019
OFI CONTACT PERSON: Sara Russell, General Assistance Program Manager, Office for Family Independence, Department of Health and Human Services, 109 Capitol Street, Augusta, ME 04333. Telephone: (207) 624-4193. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Sara.Russell@Maine.gov.
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/.
OFI RULEMAKING LIAISON: Dan.Cohen@Maine.gov.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Rules
ADOPTED RULE NUMBER: 2019-177
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is has completed the final adoption process for an emergency rule that was put into effect on July 26, 2019. A final adoption of the rule is necessary to take the place of the emergency rule which was effective for 90-days. The emergency rule was adopted to remove the scope of rule previously adopted in a rulemaking notice that was advertised on May 15, 2019. The scope of rule was removed so that Ch. 13 Watercraft Rules may be enforced not only on Maine inland waters. In accordance with Title 12 MRS Section 13051, §3, watercraft rules adopted by the Commissioner govern the use and operation of watercraft upon the waters of the State to insure safety of persons and property. A complete copy of the rule is available by contacting the rulemaking contact person listed below.
EFFECTIVE DATE: October 12, 2019
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone and Email: (207) 287-5202; Becky.Orff@Maine.gov.
IFW WEBSITE: https://www.maine.gov/ifw/ .