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August 28, 2002
as posted in 5 daily Maine newspapers
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NOTICE OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules
Notices are published
each Wednesday to alert the public regarding state agency rule-making.
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 rule-making if the petition
is signed by 150 or more registered voters, and may begin rule-making
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 World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.
PROPOSALS
AGENCY: 10-144
- Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Annual Increase
in Income Limits and Maximum Allotments, Standard Deduction, Excess
Shelter Deduction, Asset Limits, Legal Immigrants, Court Ordered Child
Support Payments, FSUA and Proration of the FSUA
PROPOSED RULE NUMBER: 2002-P216
CONCISE SUMMARY: On May 13, 2002, President Bush signed Public Law 107-171,
which included the Food Stamp Program reauthorization. A number of changes
affect the Food Stamp Program. This proposed rule makes those changes
that are mandatory and are to be in effect as of October 1, 2002. This
rule also makes the annual changes in income levels and maximum allotment
levels. The mandatory changes are: the standard deduction amount, which
has been $134 for all households, will now be based upon 8.31 percent
of the applicable net income limit based on household size. No household
will receive an amount less than the current deduction or more than
the standard deduction for a household of six. The asset limit for households
with a disabled member will increase to $3000 to be the same as the
limit for households with an elderly member. Legal immigrants who are
qualified for the program will now be eligible for federally funded
benefits, instead of state funded benefits, if they are receiving blind
or disability benefits. In addition to the mandatory rules, this rule
incorporates some optional changes. These include: Court ordered child
support payments will now be treated as income exclusions rather than
income deductions meaning the amount of these payments will not be included
in the gross income test and households with heating/cooling costs separate
from their rent or mortgage will need to have the full utility standard
of $401 a month and no longer an option of using actual expenses. By
doing so, all households that share the heating/cooling costs will be
eligible for the full standard. Currently, households that share these
costs also share the standard.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 26, 2002
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948
AGENCY: 10-144
- Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual
- State Supplement to Residents of Cost Reimbursed Boarding Homes and
Adult Family Care Homes
PROPOSED RULE NUMBER: 2002-P217
CONCISE SUMMARY: This rule increases the maximum State Supplement payment
to residents of Cost Reimbursed Boarding Homes effective October 1,
2002. The maximum payment will change from $219 to $234 for an individual.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 26, 2002
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten
Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)
AGENCY: 04-059
- Department of Conservation, Bureau of Parks and Lands, Off Road Vehicle
Division
RULE TITLE OR
SUBJECT: Ch. 8, Amendment to Rules and Regulations for the Snowmobile
Club Trail Maintenance Grant in Aid Program
PROPOSED RULE NUMBER: 2002-P218
CONCISE SUMMARY: The amendment will provide concise definitions and
procedures to the Snowmobile Club Trail Maintenance Grant in Aid Program.
This amendment will also remove the language of the Capital Equipment
grant programs so that the Capital Equipment Grant will be an independent
grant from the Snowmobile Club Trail Maintenance Grant.
* Provides changes and corrections to the existing rule governing the
grants from the Snowmobile Trail Fund to snowmobile clubs.
* Increases the amount of money clubs are eligible to receive
AGENCY CONTACT PERSON: Scott Ramsay/Tim Russell
TELEPHONE: (207) 287-4956
RULE TITLE OR
SUBJECT: Ch. 9, Rules and Regulations for the Snowmobile Capital
Equipment Grant in Aid Program
PROPOSED RULE NUMBER: 2002-P219
CONCISE SUMMARY: The Rules for the Snowmobile Capital Equipment Grant
Program are being promulgated to:
* establish independent rules and guidelines for the purpose of snowmobile
clubs or political subdivisions to receive a grant for purchased snowmobile
grooming equipment. Previously, the rules for the Capital Equipment
Grant Program were a part of the Snowmobile Trail Maintenance Grant
Program.
* Rephrase certain rules to increase clarity and eliminate redundancy;
* Reorganize rules to provide a more logical grouping by subject.
AGENCY CONTACT PERSON: Scott Ramsay/Karen B. Morgan
TELEPHONE: (207) 287-4957
THESE RULES WILL
NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Ch. 715
PUBLIC HEARING: September 18, 2002; 6:00 p.m. - 9:00 p.m., Bangor, Augusta,
Presque Isle (U of M ITV Locations)
DEADLINE FOR COMMENTS: September 28, 2002
AGENCY NAME: Department of Conservation, Bureau of Parks and Lands,
Off Road Vehicle Division
ADDRESS: 286 Water Street Key Tower 5th Floor, Augusta, ME 04330
AGENCY: 01-001
- Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 346, Rules Governing Meat and Poultry
Inspection and Licensing
PROPOSED RULE NUMBER: 2002-P220
CONCISE SUMMARY: These Rules are being proposed to implement a Maine
Meat and Poultry Inspection Program; to establish inspection and licensing
standards to safeguard public health and assure consumers safe food
that is unadulterated and honestly presented. The adoption of these
Rules is required to obtain approval of the State Inspection Program
by the United States Department of Agriculture.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, Ch. 562-A
PUBLIC HEARING: September 16, 2002 at 1:00 p.m. at the Department's
Agricultural Shop which is located at 333 Cony Road, Augusta, Maine
DEADLINE FOR COMMENTS: September 27, 2002
AGENCY CONTACT PERSON: David Gagnon
AGENCY NAME: Agriculture, Food and Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2161
AGENCY: 65-407
- Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 380, Electric Energy Conservation
Program
PROPOSED RULE NUMBER: 2002-P221
CONCISE SUMMARY: This rulemaking changes the terms of Ch. 380 by establishing
a definition of low-income and small business consumers and by establishing
some of the procedures for developing and implementing energy conservation
programs, in a manner consistent with P.L. 2001 ch. 624.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §3211 -A
PUBLIC HEARING: September 19, 2002, 9:30 a.m., Public Utilities Commission
Hearing Room 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 30, 2002
AGENCY CONTACT PERSON: Paula J Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831
AGENCY: 99-346
- Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 16, Allocation of State Coiling for
Low-Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2002-P222
CONCISE SUMMARY: The Allocation of State Ceiling for Low-Income Housing
Tax Credit Rule is being amended as follows: (i) To modify the formula
for calculating the State Ceiling to include an inflation adjustment
factor pursuant to the Code; (ii) to revise the SRO set-aside threshold
criteria to eliminate the Project size limitation and the requirement
that 50% of the units in the project be located in a Qualified Census
Tract or Difficult to Develop Area; (iii) to provide that successful
applicants who are awarded tax credits under the SRO set-aside will
be eligible for project-based Section 8 rental subsidy if the Authority
makes the resource available; (iv) to increase the maximum credit restriction
from $400,000 to $450,000 per project; (v) to eliminate the February
and October tax credit reservation cycles; (vi) to open the March tax
credit reservation cycle to applications for the SRO set-aside;
(vii) to allow applicants with a binding agreement (as defined in the
Rule) who experience development cost increases resulting in an insubstantial
increase in tax credits to request additional tax credits without applying
in subsequent funding rounds; (viii) to require submission of the housing
needs market study prior to an allocation of tax credits rather than
at the time of application; (ix) to clarify that below market funding
commitments must include certain financing terms (i.e., interest rate,
amortization period, loan term and any security required) to be awarded
points under the leveraged funds selection criteria; (x) to clarify
that the value of donated property, of which only a portion will be
used for the Project, will, be prorated based on the square footage
of the property attributed to the Project; (xi) to reduce the percentage
of the developer fee, which an applicant must pledge as a source of
funds for the construction of the Project, to be awarded points under
the leveraged funds selection criteria; (xii) to update the housing
need ranks for assisted living projects; (xiii) to update and clarify
the monitoring requirements in accordance with changes to the Code;
and (xix) to make updates, clarifications and grammatical changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICPALITIES.
STATUTORY AUTHORITY: 30-A MRSA §§ 4741(l) and 4741(14), Section 42 of
the Internal Revenue Code of 1986, as amended
PUBLIC HEARING: September 17, 2002, 9:30 a.m., Maine State Housing Authority,
353 Water Street, Augusta, Maine 04330-4633. The meeting room is accessible
to persons with physical disabilities and, upon sufficient notice, appropriate
communication auxiliary aids and services will be provided for persons
with disabilities.
DEADLINE FOR COMMENTS: September 27, 2002, 5:00 p.m.
AGENCY CONTACT PERSON: Jodie Stevens, Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603
ADOPTIONS
AGENCY: 65-407
- Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 322, Public Utilities Commission
Amendment to Rule, Metering, Billing, Collections and Enrollments Interactions
Among Transmission and Distribution Utilities and Competitive Electricity
Providers
ADOPTED RULE NUMBER: 2002-322
CONCISE SUMMARY: We adopt amendments to Ch. 322 that would require utilities
to provide billing and collection services to aggregators and brokers.
We also adopt several minor changes that result from a legislative change
to the definition of small customers and from our experience in implementing
the rule.
EFFECTIVE DATE: August 19, 2002
AGENCY CONTACT PERSON: Paula J Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-6074
AGENCY: 16-222
- Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 11, License For The Transportation
of Hazardous Materials Rules
ADOPTED RULE NUMBER: 2002-323
CONCISE SUMMARY: The purpose of this rulemaking is the repeal of Ch.
11 which was the requirement for a license for the transportation of
hazardous materials. Ch. 11 was first adopted February 1, 1989 but the
statutory authority in Title 29 MRSA §246-B was repealed in 1990. Inadvertently,
the repeal of Ch. 11 did not occur at the same time.
EFFECTIVE DATE: August 26, 2002
AGENCY CONTACT PERSON: John Fraser
AGENCY NAME: Bureau of State Police
ADDRESS: # 20 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8939
© Department
of the Secretary of State
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