September 29, 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

AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 740, Credit for Reinsurance
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P175
BRIEF SUMMARY: The purpose of the proposed amendment to the rule is to adopt provisions consistent with National Association of Insurance Commissioners (NAIC) model rule #786 related to reinsurance ceded by domestic insurers to insurers domiciled in reciprocal jurisdictions as set forth in 24 A MRS §731-B, for the protection of ceding insurers in this State and their policyholders.
PUBLIC HEARING: October 21, 2021, at 10:00 a.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. November 1, 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, 731-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
AGENCY RULES WEBSITE: https://www.maine.gov/pfr/insurance/legal/rules/index.html#proposed
AGENCY WEBSITE: https://www.maine.gov/pfr/insurance/ .
AGENCY RULEMAKING LIAISON: Benjamin.Yardley@Maine.gov .

AGENCY: 05-071 - State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 60, New School Siting Approval; Ch. 61, Rules for Major Capital School Construction Projects; Ch. 125, Basic Approval Standards (Joint Rule with Maine Department of Education)
TYPE OF RULE: Major Substantive
PROPOSED RULE NUMBERS: 2021-P176, P177, P178
BRIEF SUMMARY: As the result of Resolve 2021 ch. 114, the State Board of Education is required to amend rule Ch. 60, 61 and 125 to require standards governing air quality and ventilation for all public schools including schools with mechanical and non-mechanical ventilation systems. Therefore, the State Board will propose in a targeted rulemaking for Ch. 60 to (Insert) New “SECTION 6. Other Considerations” (on page 3) that states “The school administrative unit will utilize the best- available practice national standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) for inspection, maintenance, ventilation and filtration.”
Therefore, the State Board will propose in a targeted rulemaking for Ch. 61 to SECTION 6 SCHOOL CONSTRUCTION ELIGIBILITY AND APPROVAL PROCESS
2. Eligibility for State Funding
(insert) “I. Ventilation Requirements” (page 15) that states “The school administrative unit will utilize the best- available practice national standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) for inspection, maintenance, ventilation and filtration.”
Therefore, the State Board and the Department of Education will propose in a targeted rulemaking for Ch. 125 to in SECTION 5 OTHER MINIMUM REQUIREMENTS
5.10 Health, Sanitation, and Safety Requirements
D. Air Quality (page 14) (insert) that states “The school administrative unit will utilize the best- available practice national standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) for inspection, maintenance, ventilation and filtration.”
PUBLIC HEARING: None
COMMENT DEADLINE: October 29, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / EDUCATION RULEMAKING LIAISON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 831-3168. Email: Jaci.Holmes@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: Ch. 60 – PL 1999 ch.77, §21;
Ch. 61 - 20-A MRS §3
20-A MRS §405(3)(J)
20-A MRS §15905 sub-§4
P.L. 2001 c. 439 part 0000 §0000-3
P.L. 2007 c. 240 part MM ch. 103-A
P.L. 2008 c.223
Ch. 125 – 20-A §4504(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY RULES WEBSITE: https://www.maine.gov/doe/about/laws/rulechanges
DOE WEBSITE: https://www.maine.gov/doe/

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: Major Substantive
PROPOSED RULE NUMBER: 2021-P179
BRIEF SUMMARY: This rulemaking implements statutory changes made to the Marijuana Legalization Act, 28-B MRS ch. 1, specifically PL 2021 ch. 226 and 314, including changes to the definitions of “marijuana trim” and “mother plant”, striking the requirement that sample collector licensees obtain a sales tax ID, and permitting the creation of a “controlled entry area” within the licensed premise of a marijuana store. This rulemaking also reconfigures the license application process to require detailed information regarding operations, cultivation, facility layout, and co-location of adult use licensees and/or licensees and medical program registrants at the active licensure phase as opposed to the conditional licensure phase. Finally, this rulemaking clarifies the regulation of licensee “brands” and “logos”, permits the use of reusable packaging, and reduces the information required on marijuana and marijuana product labels.
PUBLIC HEARING: Oct. 18th, 2021 - 10:00 a.m. EDT, State House, State and Capitol Streets., Augusta, Maine - 2nd floor, Room 228
COMMENT DEADLINE: Sunday, November 7, 2021 at 11:59 p.m. EDT.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Gabi Pierce; Office of Marijuana Policy, 162 State House Station, Augusta, ME 04333. Telephone: (207) 530-0507. Fax: (207) 287-2671. Email: Gabi.Pierce@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: Title 28-B ch. 1 (Marijuana Legalization Act)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
OMP WEBSITE: https://www.maine.gov/dafs/omp/
OMP RULEMAKING LIAISON: Erik.Gundersen@Maine.gov .

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 619, Foreign Credentialing and Skills Recognition Revolving Loan Program, Amendment 1
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P180
BRIEF SUMMARY: The rule amendments implement recent legislative changes to the program’s governing statute. These changes include: adding as a loan-eligible expense the costs of the filing fee for an immigrant's initial work permit application; defining "initial work permit"; ensuring that a change in federal regulations will not require a future statutory amendment of the provision of the program governing eligibility; and changing a specific time-frame while waiting for asylum to an unspecified time period while waiting on an application for asylum or other immigrant benefit or relief.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more parties.
COMMENT DEADLINE: October 29, 2021
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: William Norbert, Governmental Affairs and Communications Manager, Finance Authority of Maine, PO Box 949 - 5 Community Drive, Augusta, ME 04332-0949. Telephone: (207) 620-3540 or 1 (800)228-3734. Fax: (207) 213-2615. TTY: (207) 626-2717. Email: wnorbert@famemaine.com . FAME WEBSITE: www.famemaine.com .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS §969-A; 10 MRS §1100-AA
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Maine PL 2021 ch. 133 (originally LD 1533, An Act to Amend the Foreign Credentialing and Skills Recognition Revolving Loan Program)
FAME RULEMAKING LIAISON: croney@famemaine.com .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC), jointly with 05-071 -Department of Education (DOE)
CHAPTER NUMBER AND TITLE: 10-144 Ch. 261 and 05-071 Ch. 126, Immunization Requirements for School Children (DHHS)
TYPE OF RULE: Routine Technical
ADOPTED RULE NUMBERS: 2021-186 (DOE), 187 (Maine CDC)
CONCISE SUMMARY: The Department of Health and Human Services - Maine Center for Disease Control and Prevention (DHHS) and the Maine Department of Education (DOE) are jointly adopting these routine technical rule changes to implement PL 2019 Ch. 154: An Act to Protect Maine Children and Students from Preventable Disease by Repealing Certain Exemptions from the Laws Governing Immunization Requirements (the “Act”). The Act prohibits the rule from including any provision governing medical exemptions and requires the removal of provisions permitting exemptions from required immunization for school students who object based solely on a sincere religious belief or philosophical reason, except for certain students with an Individual Education Plan (IEP). Effective September 1, 2021, students who may have declined immunizations based on religious or philosophical objection and who are otherwise not eligible for exemptions permitted under Maine’s immunization laws, including those enrolled in or attending elementary or secondary schools for pre-kindergarten instruction and students enrolled in school and participating remotely, will be subject to current immunization requirements for the certain specified diseases. The adopted rule includes changes made based on public comment and recommendations by the Office of Attorney General.
This rule includes the following amendments: clarification of the requirement for schools to include in their annual report any stricter immunization requirements that may be adopted by ordinance or policy, pursuant to 20-A MRS §6358(2), in addition to the immunization status of all students, including immune students, exempt and non-immunized excluded students; revisions to definitions to clarify that school enrollment means adding and maintaining a student to school roster and includes in-person classes and remote learning programs offered by the school; includes immunization requirements specific to pre-kindergarten children; clarification of the dosage requirement for varicella for consistency with US CDC recommendation; clarification of existing authority and responsibility of a superintendent to dismiss or exclude a child from school when there is a public health threat (20-A MRS §6301; 22 MRS ch. 250) and for non-compliance, or when directed by order of a public health official; clarification that the licensed physician, registered nurse practitioner or physician’s assistant who provides a medical exemption or the consultation required by this adopted rule for determining a vaccine catch-up schedule for a child’s vaccines, be licensed by the State of Maine; and clarification of recordkeeping requirements and attendance tracking for those students who are exempt from immunization requirements. Additionally, for this adopted rule, the proposed exemption for students participating in a distance education program has been withdrawn, due to this proposal being beyond the scope of authority for this rule. Finally, changes also include a revised format of the rule for conformity with Maine CDC rulemaking standards.
EFFECTIVE DATE: September 25, 2021
AGENCY CONTACT PERSONS:
Maine CDC: Bridget Bagley, Policy Analyst, Maine CDC, 286 Water Street - 11 State House Station, Augusta, ME, 04333-0011. Telephone: (207) 287-9394. Email: Bridget.Bagley@Maine.gov . Rulemaking Liaison: Tera.Pare@Maine.gov .
DOE: Jaci Holmes, Rulemaking Liaison, Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
AGENCY WEBSITES: http://www.maine.gov/dhhs/mecdc/rules/ .
Maine CDC: https://www.maine.gov/dhhs/mecdc/ .
DOE: https://www.maine.gov/doe/home .

AGENCY: 10-148 - Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS)
CHAPTER NUMBER AND TITLE: Ch. 32, Child Care Facility Licensing Rule - Child Care Centers, Nursery Schools, Small Child Care Facilities, Other Programs (repeal and replace; also repeals Ch. 36, Rules for the Licensing of Nursery Schools)
ADOPTED RULE NUMBER: 2021-188, 189
CONCISE SUMMARY: The Office of Child and Family Services is repealing 10-148 ch. 32, Rules for the Licensing of Child Care Facilities, and 10-148 CMR ch. 36, Rules for the Licensing of Nursery Schools, and is replacing these two rules with one combined rule 10-148 CMR ch. 32, Child Care Facility Licensing Rule - Child Care Centers, Nursery Schools, Small Child Care Facilities, Other Programs. This adopted rule updates the current regulations and merges and consolidates requirements for Child Care Facilities including, Child Care Centers, Nursery Schools, Small Child Care Facilities, and Other Programs.
Substantive changes from the current rules to the proposed rule include adding the federal requirements of the 2014 reauthorization of the Child Care and Development Block Grant (CCDBG), 42 USC §9857 et seq., changing requirements necessary to meet the health and safety needs of children in Child Care Facility settings, and removing and modifying provisions in the current rules in order to streamline requirements and processes.
EFFECTIVE DATE: September 27, 2021
OCFS CONTACT PERSON: Janet Whitten, Office of Child and Family Services, 2 Anthony Avenue - 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-7068. Email: Janet.Whitten@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 62, Service Standards for Water Utilities
ADOPTED RULE NUMBER: 2021-190 (Emergency)
CONCISE SUMMARY: The Public Utilities Commission amends its Service Standards for Water Utilities rule (Ch. 62) pursuant to emergency rulemaking procedures set forth in 5 MRS §8054. The purpose of the amendments is to provide guidance and procedures for water utilities who need to curtail customer water usage in a water supply emergency. The emergency amendments are informed by comments received in response to a Commission Staff notice of inquiry into possibly amending Ch. 62 to address water supply emergencies anticipated before the end of the calendar year. In addition, the Commission closes its inquiry in Docket No. 2021-00201.
EFFECTIVE DATE: September 21, 2021
MPUC CONTACT PERSON / RULEMAKING LIAISON: Jamie Waterbury, Maine Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
MPUC WEBSITE: https://www.maine.gov/mpuc/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE:
Ch. 331, Public Assistance Manual (TANF): Introduction and General Definitions; Ch. I, Eligibility Process; Ch. V, Post TANF Benefits; Ch. IX, Alternative Aid Assistance Program; and Appendices. TANF Rule #117A – FFY 2022 COLA, application process updates, and Post TANF services budgeting updates.
ADOPTED RULE NUMBER: 2021-191
CONCISE SUMMARY: This rule is promulgated to comply with Maine statute 22 MRS §3769-C(1)(D), which requires the Department to increase the Temporary Assistance for Needy Families (TANF) maximum benefit on an annual basis by the amount of the cost of living allowance as determined by the Social Security Administration. The statute also requires the Department to make a related increase to the standard of need, provided the funds are available.
The Department is updating the introductory text to simplify language, pertaining to the receipt of assistance that is counted toward the 60-month lifetime limit.
Additionally, the TANF and MaineCare application processes are being disentangled. The TANF manual specified that all applications for TANF benefits were to be treated as an application for MaineCare. 22 MRS §3790(3-A) as amended by HP 1261 – LD 1774 §6 newly requires the Department of Health and Human Services to accept referrals from an educational institution or program that is part of the University of Maine System; the Maine Community College System; Jobs for Maine’s Graduates; an adult education program; or the career centers as an application for the Parents as Scholars Program with limited conditions. This newly required process conflicted with Maine’s Medicaid State Plan. As such, the Department removed reference to treating the Public Assistance application as a MaineCare application from this chapter.
The previous requirement for Applicants and Participants to appear in-person for interviews and orientation meetings created an unnecessary burden for them, and an administrative burden for the Department and the Department’s contractors. While these in-person meetings may expedite the application process for those able to visit an office in-person, the requirement for most slowed or reduced access. Furthermore, at times of community transmission of illnesses or diseases such as Corona virus or Influenza, or hazardous traveling conditions due to weather, these in-person requirements can pose a risk to the health of Applicants, Participants and staff. These in-person interactions have not been proven to increase program integrity. As such, these requirements were recently reduced in rules TANFC19E, and TANF114A. Recognizing the benefits of these adjustments, and not having experienced a demonstrable detriment, the Department removed all remaining in-person requirements from the manual.
To strengthen program integrity and reduce confusion, the Department is adding language to Ch. V(A) clarifying those children who are eligible for Transitional Child Care (TCC), and the reporting requirements for child care providers receiving TCC payments. The Department is clarifying language regarding TCC overpayment responsibility and recovery procedures as well. As the result of comments received additional terminology has been updated for clarity. A small business impact statement regarding this change can be obtained by contacting the agency person listed below.
Furthermore, the mileage reimbursement rate for Transitional Transportation Participants is updated to align with the MSEA rate at https://www.maine.gov/osc/travel/mileage-other-info and the rate used by other OFI supports such as the Additional Support for People in Retraining and Employment (ASPIRE), Food Supplement Employment and Training (FSET), and Higher Opportunity for Pathways to Employment (HOPE) programs.
Similarly, in compliance with 22 MRS §3762(8)(C), the Chart of Parent Fees and Subsidy Payments is updated based on Federal Poverty Level (FPL) figures published in the Annual Update of the Health and Human Services (HHS) Poverty Guidelines, 86 Fed. Reg. 7,732 (February 1, 2021) https://www.federalregister.gov/documents/2021/02/01/2021-01969/annual-update-of-the-hhs-poverty-guidelines. The Department is adopting this provision with a retroactive application to February 1, 2021. Retroactive rulemaking is authorized by the Legislature in accordance with 22 MRS §42(8) because this rule provides a benefit to recipients or beneficiaries and does not have an adverse financial effect on either providers or beneficiaries or recipients.
A clarification of good cause as it pertains to cooperation with child support requirements is being added to Ch. I(D)(2)(iii).
The Department is updating the text describing the legal foundation for the Alternative Aid program to reflect the current authority and requirement to administer said program.
The Department is updating and adding various cross references for clarity.
The Department is updating the Table of Contents as a result of all proposed changes.
Finally, various changes are being made to formatting, punctuation, and word choice, that do not alter the meaning of the text, but enhance readability and inclusivity.
See  ofi/rules/index.shtml for OFI rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2021
AGENCY CONTACT PERSON: Alexandria Lauritzen, TANF Program Manager, Department of Health and Human Services, Office for Family Independence, 109 Capitol Street – 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 624-4109. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Alexandria.Lauritzen@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
OFI RULEMAKING LIAISON: Dan.Cohen@Maine.gov .
DHHS WEBSITE: http://www.maine.gov/dhhs/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .