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May 15, 2024
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: 99-346 Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Chapter 16, Low-Income Housing Tax Credit Rule
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P093
BRIEF SUMMARY: The rule repeals and replaces the current Chapter 16, Low-Income Housing Tax Credit Rule. The rule is the qualified allocation plan for allocating and administering the federal low-income housing tax credit in the State of Maine, including the State’s housing credit ceiling for calendar years 2025 and 2026, as required pursuant to Section 42 of the Internal Revenue Code.
PUBLIC HEARING (if any): N/A
COMMENT DEADLINE: Friday, June 14, 2024 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING: Ashley Carson, Chief Counsel, Maine State Housing Authority, State House Station #89, 26 Edison Drive, Augusta, Maine, 04330-6046, (207) 626-4600 (telephone), 207-626-4692 (fax) Maine Relay 711, acarson@mainehousing.org (e-mail)
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): Same as Contact Person
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None
STATUTORY AUTHORITY FOR THIS RULE: 30-A M.R.S. §4741(1), 30-A M.R.S. §4741(14) and Section 42 of the Internal Revenue Code of 1986, as amended
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): Same as above
AGENCY WEBSITE: www.mainehousing.org
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: acarson@mainehousing.org
AGENCY: 10-144A, Department of Health and Human Services, Maine Center for Disease Control and Prevention
CHAPTER NUMBER AND TITLE: Chapter 265 - Substance Use Testing for the Workplace Rule
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P129
BRIEF SUMMARY: The Department is proposing changes to 10-144 CMR chapter 265, Substance Use Testing for the Workplace Rule, to resolve a conflict resulting from the most recent rule change adopted in November 2023 that inadvertently restricts laboratories from testing non-psychoactive components of cannabis as an indicator of use of tetrahydrocannabinol (THC). Additionally, to reflect current practice, the Department is proposing to remove those provisions in Section 4 related to licensing and oversight that are no longer applicable due to infrastructure changes impacting the inspections conducted by the Department for labs subject to this rule. Under this rule, licensed labs must be approved by the Substance and Mental Health Services Administration’s National Laboratory Certification Program or College of American Pathologist Laboratory Accreditation Program. These changes are proposed to remove any duplicative or obsolete language and further clarify standards for sample collection and storage.
PUBLIC HEARING: Not scheduled. A public hearing may be requested by contacting the person identified below for this filing. (5 MRS § 8053(3)(B).)
COMMENT DEADLINE: Friday, June 14, 2024
CONTACT PERSON FOR THIS FILING: Bridget Danis, Policy Analyst; 11 SHS, 286 Water St., Augusta, ME 04333; Tele: 207-287-9394; Bridget.Danis@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: NA
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 26 MRS §§ 683(11) and 687 (1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: NA
AGENCY WEBSITE: https://www.maine.gov/dhhs/about/rulemaking
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Emily.A.Cathcart@Maine.gov
AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control and Prevention
CHAPTER NUMBER AND RULE TITLE: 10-144 CMR ch 175 Amyotrophic Lateral Sclerosis Incidence Registry Rule
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P130
BRIEF SUMMARY: Maine law (22 MRS 1411) requires the Department of Health and Human Services - Maine Center for Disease Control and Prevention to establish, maintain and operate a statewide amyotrophic lateral sclerosis (ALS) incidence registry. This proposed rule governs data collection and data release related to reportable cases of ALS for the purpose of the registry, outlines patient confidentiality and includes requirements for annual reporting by the Department. Healthcare providers must submit required data in the form and manner prescribed by the Department no later than six months from the date of diagnosis, unless otherwise directed. Required data includes the date of diagnosis, residential and occupational history, and other information determined helpful in informing epidemiologic studies on the causes of ALS, evaluating trends over time and in identifying geographic and demographic patterns. Registry data disclosure and release must be in accordance with this rule and State and federal confidentiality laws and policies. Prior to release, the Department may require a data-sharing agreement and/or a signed confidentiality statement, and Institutional Review Board (IRB) approval or exemption determination letter.
PUBLIC HEARING: No public hearing is scheduled. A public hearing may be requested by emailing the contact person identified below for this filing. (5 MRS § 8053(3)(B).)
COMMENT DEADLINE: Friday, June 14, 2024
CONTACT PERSON FOR THIS FILING: Bridget Danis; 11 SHS, 286 Water St., Augusta, ME 04333; Tele: 207-287-9394; Fax: 207-287-5807; TTY: 711; Bridget.Danis@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): Same
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS § 1415
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): PL 2021, c. 613
AGENCY WEBSITE: https://www.maine.gov/dhhs/about/rulemaking
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: emily.cathcart@maine.gov
AGENCY: 01-001 - Department of Agriculture, Conservation & Forestry
CHAPTER NUMBER AND TITLE: 01-001 CMR Chapter 8 Rules for Departmental Grant Awards and Appeals
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P131
BRIEF SUMMARY: This rule chapter defines the procedures and criteria to be used in all of the Department of Agriculture, Conservation and Forestry grant program awards, including those funded through emergency relief funds, bequests, gifts, or contributions from any person, corporation, or government, for the purpose of economic opportunity, business growth, and other strategic investment. The rule describes procedures to be used in grant solicitations, award procedures, hearings an appeal, and how appellants will be notified of final agency action.
PUBLIC HEARING (if any): N/A
COMMENT DEADLINE: June 14, 2024
CONTACT PERSON FOR THIS FILING: Nancy McBrady, 22 SHS, Augusta, ME 04333-0022, 207-287-3200 (telephone); 207) 287-2400 (fax); Maine Relay 711 (TTY); nancy.mcbrady@maine.gov
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): N/A
STATUTORY AUTHORITY FOR THIS RULE: 5 M.R.S.A. §9051 et seq.; 12 M.R.S.A. § 5012
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.maine.gov/dacf/index.shtml
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Shannon.ayotte@maine.gov
AGENCY: 01-026 - Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Chapter 31: Certification and Licensing Provisions/Commercial Applicators
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P132
BRIEF SUMMARY: The proposed amendments are in response to EPA’s certification of Maine’s Pesticide Certification and Training Plan. The plan requires states to align their rules, regulations, and practices with recent updates to EPA’s rules. This includes changing the titles of certain categories, incorporation by reference of descriptions and competency standards, and adding language to categories to ensure that descriptions align with EPA. These rules must be amended for EPA to fully accept Maine’s plan and for BPC to remain as Maine’s state lead agency regulating pesticides.
PUBLIC HEARING: June 7, 2024 @ 9:00 AM in Rm 101 Deering Building, 90 Blossom Lane, Augusta, ME 04333 and via Microsoft Teams Platform: https://teams.microsoft.com/l/meetup-join/19%3ameeting_Yjg2NzJkMWYtMTIzZS00NGEzLTg3MjEtMmRmMjg3OWQ5MmQz%40thread.v2/0?context=%7b%22Tid%22%3a%22413fa8ab-207d-4b62-9bcd-ea1a8f2f864e%22%2c%22Oid%22%3a%22068e9650-857e-4a65-996a-b329781eead7%22%7d
COMMENT DEADLINE: June 17, 2024 @ 11:59 PM
CONTACT PERSON FOR THIS FILING: Karla Boyd; 28 SHS, Augusta, ME 04333; Karla.boyd@maine.gov; 287-2731
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different):
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S.A., Section 1471-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.maine.gov/dacf/php/pesticides/index.shtml
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: pesticides@maine.gov
AGENCY: 01-026 - Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: 32: Certification and Licensing Provisions for Private Applicators
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P133
BRIEF SUMMARY: The proposed amendments are in response to EPA’s certification of Maine’s Pesticide Certification and Training Plan. The plan requires states to align their rules, regulations, and practices with recent updates to EPA’s rules. This includes changing the titles of certain categories, incorporation by reference of descriptions and competency standards, and adding language to categories to ensure that descriptions align with EPA. These rules must be amended for EPA to fully accept Maine’s plan. These rules incorporate federal standards into rule for supervision by non-certified applicators, non-soil fumigation category, soil fumigation category, and aerial category.
PUBLIC HEARING: June 7, 2024 @ 9:00 AM in Rm 101 Deering Building, 90 Blossom Lane, Augusta, ME 04333 and via Microsoft Teams Platform https://teams.microsoft.com/l/meetup-join/19%3ameeting_Yjg2NzJkMWYtMTIzZS00NGEzLTg3MjEtMmRmMjg3OWQ5MmQz%40thread.v2/0?context=%7b%22Tid%22%3a%22413fa8ab-207d-4b62-9bcd-ea1a8f2f864e%22%2c%22Oid%22%3a%22068e9650-857e-4a65-996a-b329781eead7%22%7d
COMMENT DEADLINE: June 17, 2024 @ 11:59 PM
CONTACT PERSON FOR THIS FILING: Karla Boyd; 28 SHS, Augusta, ME 04333; Karla.boyd@maine.gov; 287-2731
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different):
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. §1471-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.maine.gov/dacf/php/pesticides/index.shtml
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: pesticides@maine.gov
AGENCY: 01-026 - Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Chapter 50: Record Keeping and Reporting Requirements
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2024-P134
BRIEF SUMMARY: The proposed amendments are in response to directives in the 131st legislature’s LD 1770: Resolve, Directing the Board of Pesticides Control to Transition to Electronic Submission of Pesticides Sales and Use Data. These amendments require electronic reporting for annual use and sales reports from commercial applicators and dealers and provide a transition period in 2024 with requirements starting for reporting year 2025. Additionally, there is a waiver process outlined that can be sought by those without access to electronic devices.
PUBLIC HEARING: June 7, 2024 @ 9:00 AM in Rm 101 Deering Building, 90 Blossom Lane, Augusta, ME 04333 and via Microsoft Teams Platform: https://teams.microsoft.com/l/meetup-join/19%3ameeting_Yjg2NzJkMWYtMTIzZS00NGEzLTg3MjEtMmRmMjg3OWQ5MmQz%40thread.v2/0?context=%7b%22Tid%22%3a%22413fa8ab-207d-4b62-9bcd-ea1a8f2f864e%22%2c%22Oid%22%3a%22068e9650-857e-4a65-996a-b329781eead7%22%7d
COMMENT DEADLINE: June 17, 2024 @ 11:59 PM
CONTACT PERSON FOR THIS FILING: Karla Boyd; 28 SHS, Augusta, ME 04333; Karla.boyd@maine.gov; 287-2731
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different):
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): None
STATUTORY AUTHORITY FOR THIS RULE: Title 22 M.R.S. Chapter 258-A §1471-G and M
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.maine.gov/dacf/php/pesticides/index.shtml
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: pesticides@maine.gov
ADOPTIONS
AGENCY: Maine Commission on Public Defense Services
CHAPTER NUMBER AND TITLE: 2, Standards for Qualifications of Contract and Assigned Counsel
ADOPTED RULE NUMBER: 2024-115
CONCISE SUMMARY:
Pursuant to 4 M.R.S.A. § 1804(2)(B) the Commission is required to promulgate standards for the qualifications assigned counsel. This rule sets forth those eligibility standards and the amendment enhances the Commission’s authority to track and regulate attorney eligibility when events giving rise to questions about attorney’s fitness to provide quality indigent legal services occur.
EFFECTIVE DATE: Tuesday, May 14, 2024
AGENCY CONTACT PERSON: Jim Billings; Maine Commission on Public Defense Services; 154 State House Station, Augusta, ME 04333; 207-287-3254
AGENCY: 09-137 – Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Chapter 16 - Hunting
ADOPTED RULE NUMBER: 2024-116
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended Chapter 16 rules regarding crossbow use to align with state statutes. Bows and arrows and crossbows are now both considered to be “archery equipment” in statute, and the rule incorporates this change in terminology to allow crossbow use in most situations where only bows and arrows were previously permitted. This rule change allows for the use of crossbows broadly during the expanded archery season for deer and the fall turkey season. The rule also amends several town-specific hunting closures and modifies the rule to reflect the preferences of impacted towns. Please contact the agency contact person for a complete copy of the rule.
EFFECTIVE DATE: Tuesday, May 14, 2024
AGENCY CONTACT PERSON: Becky Orff; Inland Fisheries and Wildlife; 353 Water Street, 41 SHS, Augusta, ME 04333; 207-287-5202
AGENCY: Department of Health and Human Services, Office for Family Independence
CHAPTER NUMBER AND TITLE: 10-144 C.M.R. Chapter 301 - Supplemental Nutrition Assistance Program (SNAP) Rules; Section 999-3
SNAP Rule #232A-2024 Federal Poverty Level Updates
ADOPTED RULE NUMBER: 2024-117
CONCISE SUMMARY: Maine exercises an option for Broad Based Categorical Eligibility under 7
C.F.R. § 273.2(j)(2) which includes a 200% Federal Poverty Level (FPL) test. This figure is not included in the figures updated each federal fiscal year per 7 C.F.R. 273.9(a)(4), it is updated as soon as the FPLs are published. This year's FPLs were published at https://aspe.hhs.gov/poverty guidelines on January 17. See also, Annual Update of the HHS Poverty Guidelines, Federal Register 89:11 (January, 17, 2024) pages. 2961-2963, https://www.govinfo.gov/content/pkg/FR-2024-01- 17/pdf/2024-00796.pdf. The adopted rule effectuates these figures retroactive to January 11, 2024. 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 do not adversely impact applicants, participants, beneficiaries, or providers. The changes to Section 999-3 Chart 4 would make SNAP benefits and the related SNAP Employment and Training (E&T) services available to more Maine households.
Federal rule 7 C.F.R. § 273.9(a)(3) requires that FPL tests are updated each year, effective October 1st. The U.S. Department of Health and Human Services provided the updated Federal Poverty Guidelines on January 17, 2024. These figures are included in the figures updated each federal fiscal year per 7 C.F.R. § 273.9(a)(4). The adopted rule effectuates these figures October 1, 2024. Changes to Section 999-3 Chart 1, Chart 2, and Chart 3 will make SNAP benefits and the related SNAP Employment and Training (E&T) services available to more Maine households and reduce rulemaking effort and improve efficiency.
The Department determined it necessary to make a non-substantial change to the adopted rule by correcting the Full Standard Utility Allowance (FSUA), Non-Heat Standard Utility Allowance (NHUA) and Phone Standard Utility Allowance (PHUA) figures listed in Chart 8, Shelter deductions and allowances, for FFY 2024. The corrected FSUA, NHUA, and PHUA figures are consistent with the SNAP Rule #231 emergency rule adopted on September 29, 2023.
This rule will not have an adverse impact on municipalities or small businesses.
See https://www.maine.gov/dhhs/about/rulemaking for rules and related rulemaking documents. EFFECTIVE DATE: May 14, 2024
AGENCY CONTACT PERSON: Michael Downs, Senior Program Manager - SNAP Office for Family Independence,
Department of Health & Human Services 109 Capitol Street,
Augusta, ME 04333;
Phone: (207)624-4135/ Fax: (207)287-3455;
TT Users Call Maine Relay- 711; Micheal.Downs@maine.gov
AGENCY: Department of Health and Human Services, Office for Family Independence
CHAPTER NUMBER AND TITLE: 10-144 C.M.R. Chapter 609; Supplemental Nutrition Assistance Program – Employment and Training (SNAP E&T) Rules; Section 8
SNAP E&T Rule #7 – Mileage Reimbursement and Gift Card Policy Update
ADOPTED RULE NUMBER: 2024-118
CONCISE SUMMARY: The adopted rule updates Section 8(I) Support Service Limits – Mileage Reimbursement to align with the rate afforded to those covered under the Maine Service Employees Association (MSEA) contract. The adopted rule refers readers to the State of Maine rate found on the Department of Administrative and Financial Services, Office of State Controller at https://www.maine.gov/osc/travel/mileage-other-info. In addition, the adopted rule adds DHHS, Divisions of Contract Management and Audit requirements for distribution of gift cards when E&T Participant Reimbursements are issued.
For clarification, the Fact Sheet filed with the State of Maine’s Secretary of State’s Office indicated an effective retroactive date of January 1, 2024, which was an error and inconsistent with the proposed rule which stated March 1, 2024. The adopted rule change is consistent with the proposed rule and is effective retroactive to March 1, 2024. Retroactive rulemaking is permissible under 22
M.R.S. § 42(8) as this update provides a benefit to SNAP E&T recipients or beneficiaries and does not adversely impact applicants, participants, beneficiaries, or providers.
The Department determined it necessary to correct two typographical errors in the third paragraph of Section 8. The sentence reads “Providers must follow their approved policies and procedures which includes abiding by all prior authorizations and Participant Reimbursement caps in their contract in issuing gift cards for the purpose of Participant Reimbursements.”
This rule will not have an adverse impact on municipalities or small businesses.
See https://www.maine.gov/dhhs/about/rulemaking for rules and related rulemaking documents. EFFECTIVE DATE: May 14, 2024
AGENCY CONTACT PERSON: Patricia Dushuttle, Special Projects Program Manager - SNAP Office for Family Independence,
Department of Health & Human Services 109 Capitol Street,
Augusta, ME 04333;
Phone: (207)624-6907/ Fax: (207)287-3455;
TT Users Call Maine Relay – 711; Patricia.Dushuttle@maine.gov
AGENCY: Department of Health and Human Services, Office for Family Independence
CHAPTER NUMBER AND TITLE: 10-144 C.M.R. Chapter 330; Higher Opportunity for Pathways to Employment (HOPE) Program Rules
HOPE Rule #103A – Mileage Reimbursement Update
ADOPTED RULE NUMBER: 2024-119
CONCISE SUMMARY: The adopted rule updates Section 4(B)(3) – Transportation to align with the rate afforded to those covered under the Maine Service Employees Association (MSEA) contract. The adopted rule refers readers to the State of Maine rate found on the Department of Administrative and Financial Services, Office of State Controller at https://www.maine.gov/osc/travel/mileage-other-info. The Department determined it necessary to make a non-substantive change to provide clarity to the final rule. Section 4(3) is updated to read “Effective March 1, 2024, mileage will be paid at the State of Maine mileage reimbursement rate set by the Department of Administrative and Financial Services Office of the State Controller found at https://www.maine.gov/osc/travel/mileage-other-info for the most direct route up to the weekly limit.”
The adopted rule change is effective retroactive to March 1, 2024. Retroactive rulemaking is permissible under 22 M.R.S. § 42(8) as this update provides a benefit to HOPE recipients or beneficiaries and does not adversely impact applicants, participants, beneficiaries, or providers.
This rule will not have an adverse impact on municipalities or small businesses.
See https://www.maine.gov/dhhs/about/rulemaking for rules and related rulemaking documents. EFFECTIVE DATE: May 14, 2024
AGENCY CONTACT PERSON: Sheri Wilkens, HOPE Program Manager Office for Family Independence Department of Health & Human Services 109 Capitol Street,
Augusta, ME 04333;
Phone: (207)624-4103/ Fax: (207)287-3455; Sheri.Wilkens@maine.gov
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