September 15, 2021

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

CORRECTION: REVISED NOTICE OF MEETING (REMOTE ONLY)
AGENCY: 90-590 - Maine Health Data Organization (MHDO)
PROPOSED RULE NUMBERS: 2021-P147, P148, P149
TYPE OF RULE: Routine Technical
CHAPTER NUMBERS AND TITLES:
Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
Ch. 247, Uniform Reporting System for Non-Claims Based Primary Care Payments
The Maine Health Data Organization will hold a Public Hearing and Board meeting on Thursday, September 23, 2021 – 9 a.m. Remotely. There will not be an in-person option as previously advertised. Remote access to the meeting is as follows: https://mainestate.zoom.us/j/81753001616 OR 1-646-876-9923 meeting ID: 81753001616
CONTACT PERSON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street - 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6722. Fax: (207) 287-6732. Email: Debra.J.Dodge@Maine.gov .

AGENCY: 02-313 - Maine Board of Dental Practice (affiliated with the Department of Professional and Financial Regulation - PFR)
CHAPTER NUMBERS AND TITLES:
Ch. 1, Definitions
Ch. 2, Qualifications for Dental Hygienist Licensure and Dental Hygienist Practice Authorities
Ch. 3, Qualifications for Expanded Function Dental Assistant Licensure
Ch. 5, Qualifications for Denturist Licensure
Ch. 6, Qualifications for Dentist Licensure:
Ch. 11, Qualifications for Licensure by Endorsement; Requirements for Renewal, Late Renewal, and Reinstatement of Licensure and Authorities
Ch. 17, Requirements for Establishing a Board Approved Dental Hygiene Therapy Program
TYPE OF RULES: Routine Technical
PROPOSED RULE NUMBERS: 2021-P152 to P158
BRIEF SUMMARY: The proposed changes are to fully implement the amendments to the qualifications for licensure based on the following emergency legislation:
Public Law 2021, chapter 44: An Act to Remove the Advanced Cardiac Life Support Certification Requirement for Dental Therapists – effective May 5, 2021.
Public Law 2021, chapter 88: An Act to Modify the Qualifications for Resident Dentist Licensure effective June 8, 2021.
Public Law 2021, chapter 163: An Act to Modify Dental Licensure Requirements to Consider Credentialed Individuals from Other Jurisdictions - effective June 11, 2021.
In addition, the proposed changes to Board Rules Ch. 17 reflect a statutory amendment that removed the term hygiene from the dental therapy educational qualifications in 2019 – See 32 MRS §10345(2)(C) and (F).
PUBLIC HEARING: October 8, 2021 at 8:30 a.m.; Maine Board of Dental Practice, Conference Room, 161 Capitol Street, Augusta, ME
COMMENT DEADLINE: October 18, 2021 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Penny Vaillancourt, Executive Director, 143 State House Station, Augusta, ME 04333. Telephone: (207) 287-3333. Fax: (207) 287-8140. TTY: 711. Email: Penny.Vaillancourt@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 18323(3), 18324
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
BOARD WEBSITE: www.maine.gov/dental .

AGENCY: 99-639 - ConnectMaine
CHAPTER NUMBER AND TITLE: Ch. 101, ConnectMaine
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P159
BRIEF SUMMARY: This rule makes needed changes to update the 10 cent surcharge per line enacted as part of (PL 2021 ch. 398 section AA). It also updates the definition of underserved, and makes programmatic changes to the infrastructure and planning grants.
DETAILED SUMMARY: This rule makes the required changes to implement PL 2021 ch. 398, section AA, which expands the 10 cents per line surcharge to additional phone lines.
It includes in the required data reporting section, data that will be needed to use new federal funding to determine eligibility for grants.
The rule also changes the definition of underserved to reflect the recent changes in ConnectMaine’s unserved definition.
It makes changes in the infrastructure grant program to reflect the input ConnectMaine has received as a result of public outreach, and the increase in federal funding coming to broadband. These changes will allow ConnectMaine greater flexibility in developing applications and scoring. It also updates to the required reporting for grantees.
It simplifies the Community Planning grant process for communities.
PUBLIC HEARING: October 4th, 2021 - 1:00 p.m.: https://networkmaine.zoom.us/meeting/register/tZAocOyrpzkiEt0ISMU8YgVB5V7Ca-PuEde7
COMMENT DEADLINE: October 14, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / CONNECTMAINE RULEMAKING LIAISON: Stephenie MacLagan, ConnectMaine, 59 State House Station, Augusta ME 04333. Telephone: (207) 624-9849. Email: Connect.ME@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 35 MRS ch. 93
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.maine.gov/connectme/ .

AGENCY: 12-179 - Department of Labor (DOL), Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 5, Occupational Safety and Health Standards for Public Safety Diving
PROPOSED RULE NUMBER: 2021-P160
BRIEF SUMMARY: The purpose of this chapter is to establish standards and procedures to protect public safety divers from the hazards of diving.
PUBLIC HEARING: None, unless requested pursuant to 5 MRS §8052(1).
COMMENT DEADLINE: October 15, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Isaac H. Gingras, Department of Labor, 54 State House Station, Augusta, Maine 04333-0054. Telephone: (207) 626-6232. Email: lsaac.H.Gingras@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS §565
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEPARTMENT WEBSITE: http://www.maine.gov/labor .

AGENCY: AGENCY: 12-179 - Department of Labor (DOL), Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 6, Recording Occupational Injuries and Illnesses in the Public Sector
PROPOSED RULE NUMBER: 2021-P161
BRIEF SUMMARY: The purpose of this chapter is to incorporate by reference rules governing the recording of occupational injuries and illnesses as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR part 1904, most recently amended on June 3, 2021
PUBLIC HEARING: None, unless requested pursuant to 5 MRS §8052(1).
COMMENT DEADLINE: October 15,2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Isaac H. Gingras, Department of Labor, 54 State House Station, Augusta, Maine 04333-0054. Telephone: (207) 626-6232. Email: lsaac.H.Gingras@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS §565
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEPARTMENT WEBSITE: http://www.maine.gov/labor .

AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 856, Combination of the Individual and Small Business Health Insurance Risk Pools
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P162
BRIEF SUMMARY: The purpose of the proposed rule is to establish the necessary conditions and procedures for implementation of the pooled individual and small group health insurance market, and the extension of Maine Guaranteed Access Reinsurance Association (MGARA) coverage to small group health insurance.
PUBLIC HEARING: October 12, 2021, at 1:00 p.m. from the Department of Professional and Financial Regulation, Bureau of Insurance, 76 Northern Avenue, Gardiner, ME 04345. Instructions for registering for and attending the hearing remotely, by either audio-visual link or telephone, are on the Bureau of Insurance website, www.maine.gov/pfr/insurance.
COMMENT DEADLINE: 4:30 p.m., October 25, 2021, by mail or email to the Contact Person.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Brittnee Greenleaf, Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8491. TTY users use Maine Relay 711. Email: Brittnee.L.Greenleaf@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 24-A MRS §§ 212, 2792(5).
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
BUREAU RULES WEBSITE: https://www.maine.gov/pfr/insurance/legal/rules/index.html#proposed .
BUREAU WEBSITE: https://www.maine.gov/pfr/insurance/ .
BUREAU RULEMAKING LIAISON: Benjamin.Yardley@Maine.gov .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 815, Consumer Protection Standards for Electric and Gas Transmission and Distribution Utilities
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P163
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to consider proposed amendments to the Commission’s Consumer Protection Standards for Electric and Gas (Ch. 815). The proposed amendments address notice requirements during the winter disconnection period, as directed by An Act To Protect Maine Electricity Customers from Threats of Disconnection in the Wintertime, Public Law 2021 ch. 347 §1 (the Act).
PUBLIC HEARING: October 4, 2021 - 1:00 p.m. The Public Utilities Commission will conduct the hearing remotely via Microsoft Teams. Interested persons wishing to participate in the hearing by telephone may dial (207) 209-4724 and enter Conference ID 102 974 995#. Interested persons wishing to participate in the hearing using video may contact the Hearing Officer by email at Leslie.Raber@Maine.gov for a link.
COMMENT DEADLINE: October 14, 2021. Written comments on the proposed rule may be filed until close of business on October 14, 2021. However, the Commission requests that initial comments be filed by September 30, 2021 to allow for follow up inquires during the hearing. Supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2021-00266, and be filed using the Commission’s case management system (CMS) which is accessible from the Commission’s website.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Leslie Raber, Maine Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1562. Email: Leslie.Raber@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 704, 1308; Public Law 2021 ch. 347
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: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBERS AND TITLES:
Ch. 2 (New), Definitions;
Ch. 10, Land Use Districts and Standards; and
Ch. 16, Rules Relating to Large Lot Land Divisions
ADOPTED RULE NUMBERS: 2021-177, 178, 179
CONCISE SUMMARY: The revisions collectively improve user convenience by consolidating or reorganizing provisions without changing their regulatory effect, and revise visual characteristics to simplify or otherwise clarify rule. All other revisions represent typical rule maintenance.
EFFECTIVE DATE: November1, 2021
LUPC CONTACT PERSON / RULEMAKING LIAISON: Judy East, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-2631. Email: Judith.C.East@Maine.gov .
LUPC WEBSITE: https://www.maine.gov/dacf/lupc/index.shtml .
DACF RLEMAKING LIAISON: Shannon.Ayotte@Maine.gov .

AGENCY: 16-633 - Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 28, Advance Deposit Wagering
ADOPTED RULE NUMBER: 2021-180
CONCISE SUMMARY The rule package changes the collection of payments from the advance deposit wagering licensee from weekly to monthly.
EFFECTIVE DATE: September 14, 2021
BOARD CONTACT PERSON: Milton Champion, Gambling Control Board, 45 Commerce Boulevard – 87 State House Station, Augusta Maine 04333. Telephone: (207) 626-3901. Email: Milton.F.Champion@Maine.gov .
BOARD WEBSITE: https://www.maine.gov/dps/gamb-control/index.html .