December 11, 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: no proposals this week.

 

ADOPTIONS

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 311, Portfolio Requirement
ADOPTED RULE NUMBER: 2019-216
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 311, the PUC portfolio requirement rule, to implement recently enacted legislation (Public Law 2019 ch. 477 – An Act to Reform Maine’s Renewable Portfolio Standard). The Commission provisionally adopts amendment to Section 4(B).
EFFECTIVE DATE: December 7, 2019
MPUC CONTACT PERSON: 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: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 313, Customer Net Energy Billing
ADOPTED RULE NUMBER: 2019-217
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to its net energy billing (NEB) rules (Ch. 313). These amendments implement changes to NEB contained by recently enacted legislation
EFFECTIVE DATE: December 7, 2019
MPUC CONTACT PERSON: 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: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Atlantic Herring (HMA 1A Closes)
ADOPTED RULE NUMBER: 2019-218 (Emergency)
CONCISE SUMMARY: NOAA Fisheries’ Greater Atlantic Regional Fisheries Office (GARFO) has moved to close Herring Management Area (HMA) 1A. GARFO has been projected the sub-ACL for HMA 1A to reach the 92% threshold with the inclusion of reported landings from Monday, November 25, 2019. Directed fishery for Atlantic herring will remain closed through to December 31, 2019.
The Commissioner has determined that it is necessary to take emergency action to implement these limitations to prevent the imminent depletion of the supply of Atlantic herring and to comply with the changes to the interstate management of the Atlantic herring resource. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS §6171(3).
EFFECTIVE DATE: November 30, 2019
DMR CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov.
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/.
DMR WEBSITE: http://www.maine.gov/dmr/.
DMR RULEMAKING LIAISON: Deirdre.Gilbert@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. 287, Rules for Family Planning Funding
ADOPTED RULE NUMBER: 2019-219 (Emergency repeal)
CONCISE SUMMARY: This rule was established to ensure that all State contracts for family planning services include assurances that State contractors are 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 not permit Maine health care providers who receive Title X funding to discuss all possible health care options with their clients. Pursuant to 5 MRS §8054, the Department finds that the emergency adoption and repeal of 10-144 CMR ch. 287 is necessary to avoid an immediate threat to public health, safety or general welfare. The repeal of this rule ensures continued access to a wider variety of 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 is there a statutory authority cited in the rule.
EFFECTIVE DATE: December 4, 2019
AGENCY CONTACT PERSON: Andrew Hardy, DHHS – Maine CDC,  286 Water Street - 11 State House Station, Augusta ME 04333-0011. Telephone: (207) 287-4490. Email: Andrew.Hardy@Maine.gov.
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/.
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/.
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.

AGENCY: 10-144 - Department of Health and Human Services (DHH), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 282, Prenatal Care Program
ADOPTED RULE NUMBER: 2019-220 (Repeal)
CONCISE SUMMARY: The Maine CDC is repealing this rule. The Prenatal Care Program rule was originally adopted to provide a mechanism for payment for routine prenatal care for eligible pregnant adolescent women who lacked healthcare insurance or financial resources. Pregnant women 18 years or younger may be eligible for prenatal services through MaineCare and through the Maine Center for Disease Control and Prevention, Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) program, which have eligibility requirements similar to those used in the Prenatal Care Program. Services are no longer provided pursuant to this rule, and the Prenatal Care Program is no longer funded. Therefore, the Department has determined that this rule is no longer necessary.
EFFECTIVE DATE: December 11, 2019
MAINE CDC CONTACT PERSON: Andrew Hardy, Maine CDC, 11 State House Station - 286 Water Street, Augusta ME 04333-0011. Telephone: (207) 287-4490. Email: Andrew.Hardy@Maine.gov.
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/,
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov.