May 24, 2023

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: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Lottery Rules
PROPOSED RULE NUMBER: 2023-P112
BRIEF SUMMARY: This amendment updates the existing rules governing the rules of the Maine Lottery. This amendment makes necessary changes to allow terminal generated vouchers to be handled consistent with other game tickets and expire one year from the date of issue. This amendment also updates and clarifies definitions that have changed with advances in technology, gives the director the authority to temporarily suspend a licensee until such time a hearing can be held and adds a new license type. In addition, the rules for technical changes to clarify language, and fix typographical errors.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: June 23, 2023
CONTACT PERSON FOR THIS FILING /SMALL BUSINESS INFORMATION: Michael Boardman, Interim Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-4614. Fax: (207) 287-6769. Email: Michael.Boardman@Maine.gov.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Lottery Staff Professional Judgment
STATUTORY AUTHORITY: 8 MRS §374, 8 MRS §372 sub-§2 ¶I
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DAFS RULEMAKING LIAISON: Anya.Trundy@Maine.gov.

AGENCY: 10-144 - Department of Health and Human Services(DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Parts 2, 3, 4, 5, and Chart 7: Rule #301P, Certain MAGI and CHIP Coverage Group Changes
PROPOSED RULE NUMBER: 2023-P113
BRIEF SUMMARY: The purpose of this rule is to provide continuing MaineCare coverage for parents, of children in the custody of the Office of Child and Family Services (OCFS), who are actively participating in family reunification. The proposed rule also removes exclusions, lock-out periods, and premiums for Cub Care and increases the Federal Poverty Level (FPL) to 208% for all children. The proposed rule changes increase access to health insurance coverage.
The Department proposes to correct a typo in Part 2, Section 3.2(III)(B)(2)(a) and (b) from February 25, 2027 to February 25, 1927. In addition, the proposed rulemaking removes Part 2, Section 16 language regarding Cub Care ineligibility due to premium non-payment and references to a penalty for premium non-payment.
Part 3, Section 2.2, is changed to allow Parent/Caretaker Relatives to maintain coverage while actively working towards reunification with the OCFS. Parents with Substance Use Disorder (SUD) whose children have been removed from the home will maintain necessary health coverage to continue SUD treatment, which will increase the success of reunification efforts, and thus the overall health and wellness of Maine families. In addition, the Department proposes to correct a typo in Part 3, Section 3(I)(C) from quality to qualify.
Part 5, Section 4(A) removes “Federally Facilitated Marketplace” as Maine’s State Based Marketplace is utilized. In addition, Chart 7, CubCare, is removed to align with the proposed rule changes to CubCare.
The following changes shall be retroactive. Part 3 Section 3(III) aligns with federal requirements for coverage of Former Foster Care Children that are effective retroactive to January 1, 2023. Part 4, Section 4(D and E) updates the FPL limit for children under age 19 effective retroactive to March 1, 2023. Part 5, Section 3 removes exclusions and wait periods for Cub Care eligibility, and Part 5 is further amended to remove premium payments for Cub Care effective retroactive to March 1, 2023. Removing exclusions, wait periods, and premiums for Cub Care eases financial burdens for program beneficiaries. Retroactive rulemaking is permissible under 22 M.R.S. § 42(8) as these changes afford this benefit to more residents of the State of Maine and does not adversely impact applicants, participants, beneficiaries, or providers.
See https://www.maine.gov/dhhs/about/rulemaking for rules and related rulemaking documents.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42(1), (8); 3174-G, 3174-FFF
PUBLIC HEARING: No public hearing is scheduled.
COMMENT DEADLINE: Monday, June 26, 2023, at 5:00 p.m. EST. Written public comments may be submitted via the link at https://www.maine.gov/dhhs/about/rulemaking.
CONTACT PERSON FOR THIS FILING: Lea Studholme, MaineCare Senior Program Manager, Department of Health and Human Services - Office for Family Independence, 109 Capitol Street – 11 State House Station, Augusta, ME 04330-6841. Telephone: (207) 624-4106. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Lea.Studholme@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
OFI WEBSITE: https://www.maine.gov/dhhs/ofi.
OFI RULEMAKING LIAISON: Dan.Cohen@Mainegov.
DHHS WEBSITE: https://www.maine.gov/dhhs/.
DHHS RULEMAKING LIAISON: Emily.A.Cathcart@maine.gov.

AGENCY: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board
CHAPTER NUMBER AND TITLE: Ch. 503 (New), Kim Wallace Adaptive Equipment Loan Program Underwriting Guidelines
PROPOSED RULE NUMBER: 2023-P114
BRIEF SUMMARY: The new rule publishes the loan underwriting guidelines, including interest rates, that have been proposed by the Financial Services Provider and reviewed and approved by the Kim Wallace Adaptive Equipment Loan Program Fund Board.
DETAILED SUMMARY: The new rule publishes the loan underwriting guidelines that have been proposed by the Financial Services Provider and reviewed and approved by the Kim Wallace Adaptive Equipment Loan Program Fund Board. This rule sets forth an interest rate of 3.75% for loans to individuals with disabilities for the purchase or adaptive equipment; an interest rate of 3.75% for loans to Mainers with disabilities to purchase used vehicles necessary to obtain or retain employment or employment training; an interest rate of plus or minus one interest point within the Prime Rate for loans to businesses to assist people with disabilities. The rule sets forth the specific eligibility criteria for determining whether an applicant has the capacity to repay the requested loan.
PUBLIC HEARING: None
COMMENT DEADLINE: June 30, 2023
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: Isaac.H.Gingras@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS §§ 371-377
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
BOARD WEBSITE: https://alphaonenow.org/aelp/.

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 101, Visible Emissions Regulation
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2023-P115
BRIEF SUMMARY: Chapter 101 establishes visible emission standards, also known as opacity limits, for facilities, both licensed and unlicensed, and is a part of the State Implementation Plan (SIP) to fulfill requirements of the Clean Air Act. The Department is proposing various amendments to this existing rule to comply with federal requirements. Due to the potential need for facilities to reprogram existing data collection systems, the amendments are proposed to become effective the first day of the first calendar quarter that is at least 60 days after final adoption of the rule.
PUBLIC HEARING: June 15, 2023 - 9 a.m.: Marquardt Building – Room 118, 32 Blossom Lane, Augusta
COMMENT DEADLINE: June 30, 2023
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Lynn Muzzey, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 332-1279. Email: Lynn.Muzzey@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 585, 585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP WEBSITE: https://www.maine.gov/dep.
DEP RULEMAKING LIAISON: Mark.T.Margerum@Maine.gov.

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DAFS), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-23
ADOPTED RULE NUMBER: 2023-075 (Emergency)
CONCISE SUMMARY: Minimum June 2023 Class I price is $21.26/cwt. plus $1.63/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 $24.60/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: May 28, 2023
MMC CONTACT PERSON / RULEMAKING LIAISON: Julie-Marie R. Bickford, Maine Milk Commission – DACF, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Julie-Marie.Bickford@Maine.gov.
MMC WEBSITE: https://www.maine.gov/dacf/milkcommission/index.shtml.

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 42, Striped Bass: 42.01, Striped Bass Slot Limit
ADOPTED RULE NUMBER: 2023-076 (Emergency)
CONCISE SUMMARY: This rulemaking responds to emergency action taken by the Atlantic States Marine Fisheries Commission’s (ASMFC) Atlantic Striped Bass Board to reduce the maximum size limit in the recreational striped bass fishery to 31-inches. This action was taken in response to a significant increase in 2022 recreational removals which substantially reduced the probability of rebuilding the stock by 2029. As a result, a 28-inch to 31-inch slot limit should reduce harvest, provide greater protection to the 2015 year-class, support a higher probability of rebuilding, and maintain compliance with the ASMFC fishery management plan. For these reasons, the Commissioner hereby adopts an emergency action to modify Maine’s striped bass slot limit to be 28-inches to 31-inches, inclusive, as authorized by 12 MRS §6171(3)(A).
EFFECTIVE DATE: May 18, 2023
DMR CONTACT PERSON / RULEMAKING LIAISON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 592-9311. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Deirdre.Gilbert@Maine.gov.
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/.
DMR WEBSITE: https://www.maine.gov/dmr/.