December 4, 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 #01-20
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P268
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: December 19, 2019, Thursday, starting at 10:30 a.m., Room 101, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: December 19, 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 WEBSITE: http://www.maine.gov/dacf/.

AGENCY: 18-691 - Department of Administrative and Financial Services (DAFS), Office of Marijuana Policy (OMP)
CHAPTER NUMBER AND TITLE: Ch. 1, Adult Use Marijuana Program Rule
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P269
BRIEF SUMMARY: OMP is proposing to introduce additional rules to the adopted Adult Use Marijuana Program Rule to establish a regulatory framework governing the licensing of adult use marijuana testing facilities in Maine. This rule includes testing requirements and the licensure process for testing facilities. These additional regulations aim to protect the health and safety of the public.
PUBLIC HEARJNG: Monday, December 23, 2019 - 8:30 a.m., 101 Deering Building - 90 Blossom Lane, Augusta ME 04330
COMMENT DEADLINE: Monday, January 6, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Erik Gundersen; Office of Marijuana Policy, 162 State House Station, Augusta, ME 04333. Telephone: (207) 287-3282. Fax: (207) 287-2671. Email: Erik.Gundersen@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: Title 28-B, Chapter 1 (Marijuana Legalization Act)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMP WEBSITE: https://www.maine.gov/dafs/omp/.
DAFS WEBSITE: https://www.maine.gov/dafs/.
OMP RULEMAKING LIAISON: Gabi.Pierce@Maine.gov.
DAFS RULEMAKING LIAISON: Anya.Trundy@Maine.gov.

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (MaineCDC)
CHAPTER NUMBER AND TITLE: Ch. 287, Rules for Family Planning Funding (Repeal)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2019-P270
BRIEF SUMMARY: This rule was enacted to ensure that all State contracts for family planning services included assurances that State contractors were in compliance with federal Title X Program Guidelines for Project Grants for Family Planning Services. Recent changes to the federal Title X Program Guidelines would prevent Maine health care providers who receive Title X funding from informing patients of all available health care options and from making referrals for abortion services. The Department’s proposed repeal of this rule will ensure continued access to reproductive health care services by allowing the State to set its own requirements for program standards through contract negotiations with providers. The Rules for Family Planning Funding do not contain enforcement mechanisms; nor does the rule cite any statutory authority for requiring recipients of state family planning funding to comply with federal Title X Program Guidelines.
PUBLIC HEARING: No public hearing scheduled.
COMMENT DEADLINE: January 3, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Andrew Hardy, 286 Water Street - 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-4490. Email: Andrew.Hardy@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §1904
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINE CDC RULEMAKING WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/.
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov,

AGENCY: 01-001 - Maine Department of Agriculture, Conservation & Forestry (DACF), Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 350 (New), On Farm Raising, Slaughter and Processing of Less Than 1,000 Ready-To-Cook Whole Poultry Carcasses
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2019-P271
BRIEF SUMMARY: Ch. 350, On Farm Raising, Slaughter and Processing of Less Than 1,000 Ready-to-Cook Whole Poultry Carcasses, is being adopted to implement the statutory requirement enacted by the 124th Legislature. 22 MRS §2517-C-§1 exempts a processor who raises and slaughters less than 1,000 birds (poultry) annually on their farm and offers the poultry for sale in compliance with the restrictions of 22 MRS §2517-C §4 "point of sale" is exempted from the statutory licensing requirement of 22 MRS §2514 §1. 22 MRS 2517-C §4 requires the Department to adopt rules to establish requirements for the physical facilities and sanitary processes used by exempted poultry producers.
PUBLIC HEARING: December 23, 2019 - 10:00 a.m., Maine Department of Agriculture, Conservation & Forestry, Division of Quality Assurance & Regulations, Room 118 - Marquardt Building, 32 Blossom Lane, Augusta, Maine 04333
COMMENT DEADLINE: January 8, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jennifer Eberly DVM, Program Manager Maine Meat & Poultry Inspection Program, Maine Department of Agriculture, Conservation & Forestry, Division of Quality Assurance & Regulations, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-3841. Fax: (207) 287-5576. TTY: User Call Maine Relay 711. Email: Jennifer.Eberly@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §2517-C §4
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
AGENCY WEBSITE: https://www.maine.gov/dacf/qar/index.shtml.
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov.

AGENCY: 16-219 – Department of Public Safety (DPS), Office of State Fire Marshal (FMO)
CHAPTER NUMBER AND TITLE: Ch. 4, Water-Based Fire Protection Systems
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBER: 2019-P272
BRIEF SUMMARY: This proposed rule adds a requirement that the duly authorized representative information must be included on all fire sprinkler permit applications, and the State Fire Marshal’s Office will at random select a permit application for inspection by one of their inspectors; requires property owners to provide documentation from their insurance carrier of their knowledge of use of a non-recognized national standard fire protection system; and adopts current standards relating to water based fire protection systems. The rule is intended to reduce overall fire suppression costs, fatalities, injuries and property loss due to fire.
PUBLIC HEARING: Monday, December 23, 2019 at 2 p.m., Champlain Conference Room, Department of Public Safety, 45 Commerce Drive, Augusta, Maine 04333
COMMENT DEADLINE: January 6, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Michelle Mason Webber, Senior Planning and Research Analyst, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov.
FMO RULEMAKING WEBSITE: https://www.maine.gov/dps/fmo/fire-service-laws/rules/proposed.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 25 MRS §2452; 32 MRS §§1373, 1374, 1382
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FMO WEBSITE: https://www.maine.gov/dps/fmo/.
FMO RULEMAKING LIAISON: Joseph.E.Thomas@Maine.gov.

ADOPTIONS

AGENCY: 10-148 - Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS)
CHAPTER NUMBER AND TITLE: Ch. 6, Child Care Subsidy Program Rules
ADOPTED RULE NUMBER: 2019-206
CONCISE SUMMARY: The Department repeals the previous rule and replaces it with this adopted rule to update and clarify program definitions and eligibility standards, as well as to ensure Maine's Child Care Subsidy Program complies with updated federal rules that went into effect September 23, 2016, governing the Department's administration of Child Care and Development Block Grant funds. 45 CFR §98. The Department adopts these rules with the following changes:
Section 9(F): The Department added Emergency Preparedness and response Planning to comply with 45 CFR 98.l(aa) and 98.4l(a)(l)(vii). The adopted rule requires the Department to have a statewide child disaster plan and all child care providers have in place an emergency preparedness and response plan.
Section 1(10) and (79): The Department updated the rule pursuant to 45 CFR §98.21(a)(5) to add conditions of eligibility to the child care subsidy award on re-determination period of no less than 12 months. This includes a new definition of "Temporary change."
Section 9(G): The Department added Health and Safety Standards to comply with 45 CFR §98.41 and §98.42(b)(2)(iv)(A). The rule requires the Department to set health and safety standards on the ten health and safety requirements provided in 45 CFR §98.41. All Providers must complete the health and safety training within ninety calendar days of beginning their work with children.
Section 9(E): The Department added Background Check standards to comply with 45 CFR §98.43. The rule requires the Department to have policies and procedures in place for Providers to have a criminal background check prior to beginning work with a child. The background check must include: Child Protective Services, State Bureau of Identification with fingerprints, Department of Motor Vehicle, State Sex Offender Registry, National Crime Information Center National Sex Offender registry, and FBI fingerprint check using Next Generation Identification.
Various technical, non-substantive changes relating to section numbers, spelling, formatting, and grammar have been made throughout the rules.
EFFECTIVE DATE: November 26, 2019
OCFS CONTACT PERSON: Debra White, Office of Child and Family Services Division of Policy, 2 Anthony Avenue - 11 State House Station, Augusta, Maine 04333-0011. (207) 624-7968. TTY users call Maine relay 711. Email: Debra.White@Maine.gov.
OCFS WEBSITE: http://www.maine.gov/dhhs/ocfs/.
DHHS WEBSITE: http://www.maine.gov/dhhs/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.

AGENCY: 16-219 – Department of Public Safety (DPS), Office of State Fire Marshal (FMO)
CHAPTER NUMBER AND TITLE: Ch. 3, Fire Prevention Code
ADOPTED RULE NUMBER: 2019-207
CONCISE SUMMARY: This adopted rule incorporates 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.
EFFECTIVE DATE: November 27, 2019
AGENCY CONTCT PERSON: Michelle Mason Webber, Planning and Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. TELEPHONE: (207) 626-3873. Email: Michelle.Mason@Maine.gov.
FMO WEBSITE: http://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
ADOPTED RULE NUMBER: 2019-208
CONCISE SUMMARY: The existing rule has been amended to adopt 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 allows companies to use newer equipment and provide building owners with more options for compliance with the standard.
EFFECTIVE DATE: November 27, 2019
AGENCY CONTCT PERSON: Michelle Mason Webber, Planning and Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. TELEPHONE: (207) 626-3873. Email: Michelle.Mason@Maine.gov.
FMO WEBSITE: http://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 Monoxide Alarms
ADOPTED RULE NUMBER: 2019-209 (Repeal)
CONCISE SUMMARY: This rule was repealed because the adoption of the 2019 edition of NFPA 72 in Ch. 17 incorporated the subject matter of the State Fire Marshal's rule Ch. 18.
EFFECTIVE DATE: November 27, 2019
AGENCY CONTCT PERSON: Michelle Mason Webber, Planning and Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. TELEPHONE: (207) 626-3873. Email: Michelle.Mason@Maine.gov.
FMO WEBSITE: http://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
ADOPTED RULE NUMBER: 2019-210
CONCISE SUMMARY: This adopted rule updates NFPA #101, #80, #220 and #221 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.
EFFECTIVE DATE: November 27, 2019
AGENCY CONTCT PERSON: Michelle Mason Webber, Planning and Research Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. Telephone: (207) 626-3873. Email: Michelle.Mason@Maine.gov.
FMO WEBSITE: http://www.maine.gov/dps/fmo/.
FMO RULEMAKING LIAISON: Joseph.E.Thomas@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 #12-19
ADOPTED RULE NUMBER: 2019-211 (Emergency)
CONCISE SUMMARY: Minimum December 2019 Class I price is $22.58/cwt. plus $1.53/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $25.82/cwt. that includes a $0.20/cwt. Federal promotion fee. 
EFFECTIVE DATE: December 1, 2019
MMC CONTACT PERSON: Tim Drake, Maine Milk Commission, 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/.

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, Rules Establishing Blind Seroprevalence Surveys for Occurrence of HIV in Newborns
ADOPTED RULE NUMBER: 2019-212 (Repeal)
CONCISE 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 study involved newborn bloodspot specimens that occurred between 1988 and 1993. Because this program is no longer in effect, the Department is now repealing the rule.
EFFECTIVE DATE: December 4, 2019
DHHS CONTACT PERSON: Andrew Hardy, 11 State House Station - 286 Water Street, Augusta ME 04333-0011. Telephone: (207) 287-4490. Email: Andrew.Hardy@Maine.gov.
MAINE CDC RULEMAKING WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov.
MAINE CEC WEBSITE: http://www.maine.gov/dhhs/mecdc/.
DHHS RULEMAKING LIAISON: Kevin.Wells@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, Rules for the SSI Children’s Program of Services
ADOPTED RULE NUMBER: 2019-213 (Repeal)
CONCISE SUMMARY: The Department is repealing the Rules for the SSI Children’s Program of Services, which had an original effective date of 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 repealing this rule, because these services have long been provided through the DHHS, Office of Child and Family Services and MaineCare. Services are no longer provided pursuant to this rule.
EFFECTIVE DATE: December 4, 2019
DHHS CONTACT PERSON: Andrew Hardy, 11 State House Station - 286 Water Street, Augusta ME 04333-0011. Telephone: (207) 287-4490. Email: Andrew.Hardy@Maine.gov .
MAINE CDC RULEMAKING WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/.
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov.
MAINE CEC WEBSITE: http://www.maine.gov/dhhs/mecdc/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.

AGENCY: 09-585 - Department of Inland Fisheries and Wildlife (IFW), Maine Outdoor Heritage Fund
CHAPTER NUMBER AND TITLE: Ch. 25, Maine Outdoor Heritage Fund - Strategic Plan
ADOPTED RULE NUMBER: 2019-214
CONCISE SUMMARY: The Maine Outdoor Heritage Fund Board has amended its strategic plan to provide a six year review of the plan as required by statute. The updates made to the plan will provide more clarity of the projects involvement in the four established categories
EFFECTIVE DATE: December 2, 2019
FUND CONTACT PERSON: Carol Gay, Maine Outdoor Heritage Fund37 Wiscasset Road, Pittston, ME 04345. Telephone: (207) 458-8421. Email: carolgay@gwi.net.
WEBSITE: www.maine.gov/ifw/mohf/

AGENCY: 99-639 - Connectome Authority
CHAPTER NUMBER AND TITLE: Ch. 101, ConnectME Authority
ADOPTED RULE NUMBER: 2019-215
CONCISE SUMMARY: PL 2019 ch. 343 Part SSSS directed the ConnectME Authority to add an additional surcharge of 10 cents per line or number to fund the ConnectME fund and to plainly identify the surcharge on a bill. This rule amends Section 7 of the ConnectME rule to implement that statute.
EFFECTIVE DATE: December 2, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Peggy Schaffer, Executive Director, ConnectME Authority, 59 State House Station, Augusta, ME 04330-0059. Telephone: (207) 624-9807. Email: Peggy.Schaffer@Maine.gov.
CONNECTME WEBSITE: http://www.maine.gov/connectme/.