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October 27, 1999
Rule-Making Notice

as it appears in 5 daily Maine newspapers


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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 318, Wells Waste Oil Clean-Up Program
PROPOSED RULE NUMBER: 99-P177
CONCISE SUMMARY: This rule establishes the procedures and standards applicable to grant and loan recipients and financial institutions participating in the Authority's statewide program for awarding grants and for making or insuring loans to finance the response costs incurred by responsible parties for the investigation, removal and remediation of waste-oil contamination at the Portland-Bangor Waste Oil Services Site in Wells. The Authority previously held a public hearing on September 16, 1999, with regard to the proposed rule and a number of written and oral comments were submitted. A revised draft has been created which the Authority believes is substantially different from the proposed rule considered at the public hearing, and thus the Authority is seeking additional comments on the revised draft prior to adoption.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 M.R.S.A. 969-A(14), 1023-L(3) and 1026-Q(3).
PUBLIC HEARING:A hearing was held September 16, 1999; no other hearing is scheduled.
DEADLINE FOR COMMENTS: Written comments must be submitted on or before November 26, 1999.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 94-457 - Finance Authority of Maine

RULE TITLE OR SUBJECT: Ch. 202, Revenue Obligation Securities Program (Amendment 14)
PROPOSED RULE NUMBER: 99-P218
CONCISE SUMMARY: This rule amendment reduces the minimum project size and minimum job creation/retention requirements of the major business expansion portion of the program, consistent with P.L. 1999, c. 504, 8. The amendment also lowers the fees for the program for so-called 501(c)(3) tax exempt organizations, in order to make the program more competitive with other financing options available to these entities.

RULE TITLE OR SUBJECT: Ch. 314, Regional Economic Development Revolving Loan Program (Amendment 2)
PROPOSED RULE NUMBER: 99-P219
CONCISE SUMMARY: This rule amendment is necessary to add provisions to incorporate changes to the program mandated by P.L. 1999, ch. 401, Part OOO, incorporating loans for quality child care projects both through economic development organizations which have entered into contracts with the Authority and by the Authority directly, and the terms and conditions thereof.

THESE AMENDMENTS WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 M.R.S.A., 969-A(14); 10 MRSA 1026-M(11); P.L. 1999, ch. 401, Part OOO.
PUBLIC HEARING: November 16, 1999, 11:00 a.m., Holiday Inn By the Bay, Lincoln Room, 88 Spring Street, Portland, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before November 26, 1999. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel
FINANCE AUTHORITY OF MAINE
PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 16-163 - Department of Public Safety, Office of Emergency Medical Services
RULE TITLE OR SUBJECT: Ch. 451, Maine Emergency Medical Services Systems Rules
PROPOSED RULE NUMBER: 99-P216
CONCISE SUMMARY:
Makes rules consistent with statute and EMS protocol with regards to definitions, licensing requirements, minimum equipment requirements, and scopes of practice.
Clarifies types of EMS services that are licensed by the Board and the regional medical director's role in the licensing process.
Establishes rules for service level quality assurance and quality improvement
Streamlines the continuing education process for licensees
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA, Chapter 2-13, 81.1 et seq.
PUBLIC HEARING:
Monday, Nov. 8, 1999, Fairfield - Kennebec Valley Technical College, Carter Hall - 6:30 p.m.
Monday, Nov. 8, 1999, Calais - Washington County Technical College, Lecture Hall - 6:30 p.m.
Wednesday, Nov. 10, 1999, Bangor - Eastern Maine Technical College, Mathieu Hall - 6:30 p.m.
Wednesday, Nov. 10, 1999, Lewiston - Central Maine Medical Center, Conference Ctr - Room C - 6:30 p.m.
Friday, Nov. 12, 1999, Rockport - Samoset Resort, PenBay Room - 7:00 p.m.
Tuesday, Nov. 16, 1999, So. Portland - Southern Maine Technical College, Jewett Auditorium, Bldg 13, 6:30 p.m.
Tuesday, Nov. 16, 1999, Presque Isle, Northern Maine Technical College Auditorium - 6:30 p.m.
DEADLINE FOR COMMENTS: November 26, 1999
AGENCY CONTACT PERSON: Drexell White
AGENCY NAME: ADDRESS: Maine Emergency Medical Services, 16 Edison Drive, Augusta, ME 04330
TELEPHONE: (207) 287-3953
FAX: (207) 287-6251


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #99-12
'PROPOSED RULE NUMBER: 99-P220
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8654
PUBLIC HEARING: 1:00 p.m., Tuesday, November 9, 1999, Department of Agriculture, Food & Rural Resources, Room 336, Deering Building, Augusta, Maine 04333
DEADLINE FOR COMMENTS: November 9, 1999
NAME: Shelley F. Doak, Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 570, Combined Sewer Overflow Abatement
PROPOSED RULE NUMBER: 99-P221
CONCISE SUMMARY: This rule permits implementation of an existing law that will enable communities with combined sewer overflows (CSOs) to request, from the Board of Environmental Protection, temporary CSO subcategories. These subcategories will allow for temporary suspension of designated uses (swimming, shellfishing, etc.) during and after CSO sewage discharges while the communities are implementing their long-term abatement programs to solve their CSO problems.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: General authority is under 38 M.R.S.A. 341-D. The Department's authority to license the discharge of combined sewer overflows (CSOs) is under 38 M.R.S.A. 413. The specific legal mandate requiring adoption of this rule is in "An Act to Create Wet-weather Water Quality Standards", Laws 1995, c. 284, codified, in part, at 38 M.R.S.A. 464(2-B)(C).
PUBLIC HEARING: November 18, 1999 at 1:00 p.m. at the Augusta Hotel, 390 Western Avenue, Augusta Maine
DEADLINE FOR COMMENTS: 5:00 p.m., December 1, 1999
AGENCY CONTACT PERSON: Stephen McLaughlin
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta ME 04333
TELEPHONE: 207-287-7768


AGENCY: 09-289 - Maine Atlantic Salmon Commission
PROPOSED RULE NUMBER: 99-P222
RULE TITLE OR SUBJECT: Ch. 1, Rules of the Atlantic Salmon Commission
CONCISE SUMMARY: The Atlantic Salmon Commission proposes to amend Chapter 1 (Rules of the Maine Atlantic Salmon Commission) regarding statewide Atlantic salmon fishing as follows:
1.01 General Seasons
There shall be no open fishing season for anadromous Atlantic salmon.
1.02 Size and Bag Limits
Fishing for anadromous Atlantic salmon (Salmo salar) is prohibited statewide. Any anadromous Atlantic salmon caught incidentally to other angling shall be released alive immediately without removal from the water.
1.03 - 1.05 are repealed.
STATUTORY AUTHORITY: 12 MRSA 9902
PUBLIC HEARING:
November 17, 1999 - 7:00 p.m., Eastern Maine Technical College, Rangeley Hall, Room 501B, Bangor
November 18, 1999 - 7:00 p.m., Univ. of Maine at Machias, Torrey Hall, Room 30, Machias
DEADLINE FOR COMMENTS: November 29,1999
AGENCY CONTACT PERSON: Fred Kircheis, Atlantic Salmon Commission, 650 State Street, Bangor, ME 04401-5654
TELEPHONE: (207) 941-4449
FAX: 941-4443


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1.01, Open Water Fishing Regulations
PROPOSED RULE NUMBER: 99-P223
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing the following regulation change as the result of a request from the public: Crooked River, Casco, Naples, Harrison, Otisfield, Norway, Albany, Cumberland and Oxford Counties: S-1. From Rt. 11, Casco, Naples, to Rt. 35, North Waterford: April 1 - Sept. 30: fly fishing only; daily bag limit on salmon: 1 fish; minimum length limit on salmon: 26 inches. From Oct. 1 - Oct. 15: fly fishing only; daily bag limit on salmon: I fish; minimum length limit on salmon: 26 inches. All other fish must be released alive at once. In addition, the expanded season (October 1 - October 15 will be adopted for the remainder of the river in order to simplify the regulation. This change was inadvertently omitted from the list of proposed regulations (non-hearing) advertised in August.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: November 29, 1999
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 02-331 - Department of Professional & Financial Regulation, Maine State Board of Funeral Service
RULE TITLE OR SUBJECT:
Ch. 10, Fees
Ch. 12, Continuing Education Requirement
PROPOSED RULE NUMBER: 99-P224
CONCISE SUMMARY:
Rule Chapter 10, "Fees" is being amended to revise the renewal period from "biennual" to "annual", and the license fees are being revised to correspond with the statutory cap, which contemplates annual renewal. The actual renewal date is also being deferred, in order to permit the Fiscal Year 2001 renewal to reflect the anticipated "fee cap increase" which is to be accomplished legislatively, in order to be implemented at the time of the annual renewal for that year.
Rule Chapter 12, "Continuing Education Requirement" is being amended to "annualize" the continuing education requirement to correspond with the new renewal schedule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 M.R.S.A. 1451 and 1504
PUBLIC HEARING: Monday, November 15, 1999, 10 a.m. Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, Maine 04345
DEADLINE FOR WRITTEN COMMENTS: Friday, November 26, 1999
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Health Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
RULE TITLE OR SUBJECT: Ch. 7, Independent Living Services Program Policy Manual
PROPOSED RULE NUMBER: 99-P225
CONCISE SUMMARY: The Independent Living Services Program assists eligible individuals with significant disabilities to overcome substantial barriers to functioning independently in family or community. These rules establish a statewide waiting list for eligible individuals as well an Order of Selection priority listing when resources are not sufficient to serve all who are eligible. Priority 1 is for those eligible individuals who will lose their current level of independence and would be required to move to a more restrictive setting unless they receive service(s) which the Independent Living Services Program can provide. The rule also provides for services after closure and establishes a mediated procedure for resolving disagreements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 26 M.R.S.A. Chapter 1141, et seq.
PUBLIC HEARING: November 17, 1999, 10-12:00, Bureau of Rehabilitation Central Office, VA Togus, Building 205, Second Floor, Bureau of Rehabilitation Services Conference room.
DEADLINE FOR COMMENTS: November 29, 1999
AGENCY CONTACT PERSON: Arthur P. Jacobson
AGENCY NAME: Division of Vocational Rehabilitation
ADDRESS: State House Station 150, Augusta, Maine 04333-0150
TELEPHONE: 207 287-5136
TTY 1 800 698-4440


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 25.04 & 25.90, Lobster and Crab - technical changes
Ch. 25.07, Lobster Fishing Licenses - Repeal
Ch. 25.94(3), Initial Boundary Zone Lines - Repeal
Ch. 25.96(B), Apprentice Program
PROPOSED RULE NUMBER: 99-P226
CONCISE SUMMARY: The Department of Marine Resources proposes technical changes to Chapter 25. These changes include removing the term "coastal waters" in order to clarify that regulations pertaining to lobster fishing under a Maine lobster and crab fishing license are applied to all waters in which these activities occur unless otherwise directed by statute. Changes also include deleting Chapter 25.07, Lobster Fishing Licenses which is no longer necessary as the authorizing statute 12 M.R.S.A. 6421(5-E) was repealed in 1997 and the Chapter 25.94(3) language on establishing the initial boundary zone lines is also no longer necessary. Finally, changes to Chapter 25.96(B) are proposed to remove confusion regarding the minimum time that must elapse to complete the lobster apprentice program and allow students to document time toward the apprentice program pursuant to 12 M.R.S.A. 6422(l).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARINGS:
Monday, November 15, 1999, 7 p.m., Holiday Inn, 215 High Street, Ellsworth
Tuesday, November 16, 1999, 7 p.m., Samoset Resort, 220 Warrenton St., Rockport
Wednesday, November 17, 1999, 7 p.m., Radisson Hotel, 157 High St., Portland
Thursday, November 18, 1999, 7 p.m., University of Maine, Science Bldg/Rm. 102, Machias
DEADLINE FOR COMMENTS: November 28, 1999
AGENCY CONTACT PERSON: Penn Estabrook
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6650


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 25.06, Vessel Ownership
PROPOSED RULE NUMBER: 99-P227
CONCISE SUMMARY: The Department proposes these rules as contemplated by 12 M.R.S.A. 6431-E(4) that requires holders of a Class I, Class II or Class III lobster and crab fishing license must fish from a vessel owned or controlled by the license holder or a member of the license holder's family unless there is a documented illness or disability. The proposed rules define vessel ownership and establish the procedures for annual documentation of vessel ownership, and certification of ownership, to the Commissioner of the Department of Marine Resources or his designee.

RULE TITLE OR SUBJECT:
Ch. 25.08, Lobster Trap Tag System
Ch. 25.91, Lobster Trap Tag Fee - Repeal
Ch. 25.92, Trap Tag Fees - Repeal
PROPOSED RULE NUMBER: 99-P228
CONCISE SUMMARY: The Department of Marine Resources proposes changes to this rule under the authority of 12 M. R.S.A. 6431 -B. These changes clarify and update the provisions of the lobster trap tag system to strengthen enforcement of the trap tag limitations under 12 M.R.S.A. 6431-A and 6431 -E. Chapter 25.91 and 25.92 are repealed and replaced by the updated Chapter 25.08. This proposed rule also establishes a 12 month lobster fishing season beginning June 1 for the purpose of identifying and tracking lobster traps.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6431-B
PUBLIC HEARINGS:
Monday, November 15, 1999, 7 p.m., Holiday Inn, 215 High Street, Ellsworth
Tuesday, November 16, 1999, 7 p.m., Samoset Resort, 220 Warrenton St., Rockport
Wednesday, November 17, 1999, 7 p.m., Radisson Hotel, 157 High St., Portland
Thursday, November 18, 1999,7 p.m., University of Maine, Science Bldg/Rm. 102, Machias
DEADLINE FOR COMMENTS: November 28, 1999
AGENCY CONTACT PERSON: Penn Estabrook
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 25.93, Management Framework for Limiting Lobster Fishing Effort on a Local or Regional Basis - Operational Rules
PROPOSED RULE NUMBER: 99-P229
CONCISE SUMMARY: The Department of Marine Resources proposes these changes to Chapter 25.93 as contemplated by 12 M.R.S.A. 6447. These proposed changes delete unnecessary information from Chapter 25.93 and define the process for zone council elections, referenda, and petitions to a lobster zone management council. The proposed rules also define "declared zone" in accordance with 12 M.R.S.A. 6448 and define "lobster fishing year" to be consistent with the Lobster Management Plan #3 of the Atlantic States Marine Fisheries Commission.

RULE TITLE OR SUBJECT: Ch. 25.93(E), Limited Entry into a Lobster Management Zone
PROPOSED RULE NUMBER: 99-P230
CONCISE SUMMARY: The Department of Marine Resources proposes these changes to Chapter 25.93(E) as contemplated by 12 M.R.S.A. 6448. These proposed changes require the zone council to have the survey on limited entry approved by the Commissioner and that the zone council will tally the survey results. These rules also propose that the Commissioner be allowed to put one, or more than one, exit ratio out to public comment and establish that any regulations to limit entry will be concurrent with the licensing year.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6448
PUBLIC HEARINGS:
Monday, November 15, 1999, 7 p.m., Holiday Inn, 215 High Street, Ellsworth
Tuesday, November 16, 1999, 7 p.m., Samoset Resort, 220 Warrenton St., Rockport
Wednesday, November 17, 1999, 7 p.m., Radisson Hotel, 157 High St., Portland
Thursday, November 18, 1999, 7 p.m., University of Maine, Science Bldg/Rm. 102, Machias
DEADLINE FOR COMMENTS: November 28, 1999
AGENCY CONTACT PERSON: Penn Estabrook
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Amendment to Ch. 321, Load Obligation and Settlement for Competitive Providers of Electricity
PROPOSED RULE NUMBER: 99-P231
CONCISE SUMMARY: Through this Notice, we initiate a rulemaking to amend certain portions of Chapter 321. The proposed amendments modify terminology to be consistent with other rules, clarify the intent of the original profiling methodology language, add provisions regarding northern Maine, specify how CEPs will be identified for settlement purposes, add cross-references to other rules, and change the annual reporting date.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A M.R.S.A. 111, 1301, 3202 (1) and (2), and 3203 (9)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 3, 1999
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-1396


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 297, Anti-Cramming Rule: Registration and Customer Authorization Requirements, Complaint Procedures and Penalty Provisions for Billing Agents, Service Providers, and Billing Aggregators.
PROPOSED RULE NUMBER: 99-P232
CONCISE SUMMARY: Through this Notice, we initiate a rulemaking to prohibit service providers from placing a charge for a good or service on a customer's local telephone bill without first obtaining the customer's express authorization.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A M.R.S.A. 7107
PUBLIC HEARING: November 6, 1999 at 9:00 a.m. in the Horace Libby Hearing Room, Public Utilities Commission, 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: November 29, 1999.
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-1396


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 305, Permit by Rule Standards
PROPOSED RULE NUMBER: 99-P233
CONCISE SUMMARY: The department is proposing amendments to Chapter 305, Permit by Rule Standards, Section 10, Stream Crossings, that make projects consisting of more than one crossing eligible for the Permit by Rule (PBR) process. Further, multiple crossings may be submitted for approval on one PBR Notification Form provided all of the crossings are located within one town. If crossings are located in more than one town, separate PBR Notification Forms will have to be submitted for each town. The department is also proposing to limit the waiver of the 14 day waiting period for crossings associated with forestry activities and those performed by certified contractors. Waiver of the 14 day waiting period will only be granted to those crossings constructed within a specified time frame, July 15 to October 1. For all crossings involving trenching or the disturbance of the stream bottom that are constructed after October 1 and before July 15, it is proposed to change the requirement that applicants receive approval for the timing of the construction from other state natural resource agencies. Instead, the amendment being proposed will require the DEP only to approve the timing of construction of the crossing. This timing approval must occur within the 14 day review period allowed for the PBR process. The DEP may approve the construction timing proposed by the applicant or approve an alternative time frame. If an alternative time frame is approved, the DEP must contact the applicant before the 14 day review process ends.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA 341-D(l) and 480-H
PUBLIC HEARING: Thursday, November 18, 1999 at 2:00 p.m., Augusta Hotel, 390 Western Avenue, Augusta, ME 04330
DEADLINE FOR COMMENTS: November 30, 1999
AGENCY CONTACT PERSON: Mike Mullen
AGENCY NAME: Department of Environmental Protection
ADDRESS: Bureau of Land & Water Quality, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4728


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 29, Multi-family Development and Supportive Housing Loans and Grants Rule
PROPOSED RULE NUMBER: 99-P234
CONCISE SUMMARY: The Maine State Housing Authority offers loan and grant programs for the acquisition, construction, rehabilitation, and preservation of residential rental housing for low income persons and for housing for low income persons with supportive service needs. MSHA currently has 7 outdated rules governing such programs: Chapter 6 - Insurance Specifications and Administrative Procedures for Master Insurance Program for MSHA Financed Multi-family Developments; Chapter 9 - Rental Housing Loan Program Rule; Chapter 11 - Direct Lending Rule; Chapter 15 - New Housing Initiatives Program; Chapter 22 - Mental Health Facility Financing Program; Chapter 23 - Preservation Financing Program; and Chapter 26 -Supportive Housing Initiatives Program Rule. MSHA desires to repeal the outdated rules and replace them with one rule governing MSHA's allocation of resources for such multi-family developments and supportive housing, program design, the publication and distribution of program guides, eligibility standards, loan and grant standards, construction and rehabilitation requirements, management requirements, and potential selection criteria.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY. 30-A MRSA 4722(l) and 4741(l)
PUBLIC HEARING: November 17, 1999, 9:30 a.m., Maine State Housing Authority, 353 Water Street, Augusta, ME 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: November 30, 1999
AGENCY CONTACT PERSON: Linda L. Sears, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE:
(207) 626-4600 (voice)
(800) 452-4603 (TTY)


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 16, Allocation of State Ceiling for Low-income Housing Tax Credit
PROPOSED RULE NUMBER: 99-P235
CONCISE SUMMARY: This rule is being revised to reduce the set-aside for assisted living projects from $500,000 to $300,000; to update the section of the rule concerning high, medium, and low need areas; and to make clarifications and further updates to the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4741 (1) and 4741(14), Section 42 of the IRC
PUBLIC HEARING November 17, 1999, 10:00 a.m., Maine State Housing Authority, 353 Water Street, Augusta, ME 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: November 30, 1999
AGENCY CONTACT PERSON: Linda L. Sears, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE:
(207) 626-4600 (voice)
(800) 452-4603 (TTY)


ADOPTIONS

AGENCY: 19-498 - Department of Economic and Community Development, Office of Community Development (DECD/OCD)
CHAPTER NUMBER AND RULE TITLE: Ch. 19, Program Statement for Administering the 2000 Community Development Block Grant Small Cities Program
ADOPTED RULE NUMBER: 99-434
CONCISE SUMMARY: This rule outlines the procedures by which the Department of Economic and Community Development (DECD) will administer the Community Development Block Grant (CDBG) Program in accordance with the Department of Housing and Urban Development (HUD) regulations. The rule describes the design and method of funds distribution for the various Community Development Block Grant programs, including the criteria to be used in making awards to communities.
EFFECTIVE DATE: October 20, 1999
AGENCY CONTACT PERSON: Aaron Shapiro, CDBG Program Manager
AGENCY NAME: Office of Community Development
ADDRESS: DECD/OCD, 33 Stone Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: 287-8485


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 232, Rules for Maine Water Well Drilling Commission
ADOPTED RULE NUMBER: 99-435
CONCISE SUMMARY: Amending rules to clarify required setbacks of wells from septic systems and other minor changes to correct errors.
EFFECTIVE DATE: October 16, 1999
AGENCY CONTACT PERSON: David Braley, Health Engineering Rep., Division of Health Engineering, State House Station 10, Augusta ME 04333
TELEPHONE: 287-3194
TTY: (207) 287-2070


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.95(1)(B)(2)(a), Monhegan Island, Lobster Conservation Area, Open Season
ADOPTED RULE NUMBER: 99-436
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area, 180 day 1999-2000 open lobster fishing season, will begin December 1, 1999 and end May 28, 1999. This regulation conforms to 12 M.R.S.A. 6472.
EFFECTIVE DATE: October 12, 1999
AGENCY CONTAC PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


AGENCY: 04-059 - Bureau of Parks and Lands, Department of Conservation
CHAPTER NUMBER AND TITLE: Ch. 1, Rules for State Parks and Historic Sites
ADOPTED RULE NUMBER: 99-441
CONCISE SUMMARY: The rules governing hunting and trapping on State Parks and Historic Sites were repealed and replaced with consolidated rules within the same section incorporating several minor changes. Posted trails and shelters were added to the list of developed facilities where weapon discharges within 300 feet are prohibited. Updated lists of properties closed to hunting at all times and properties where hunting is allowed between October I and April 30 are provided.
EFFECTIVE DATE: October 23, 1999
AGENCY CONTACT PERSON: Joseph E. Wiley III
AGENCY NAME: Department of Conservation, Bureau of Parks and Lands
ADDRESS: State House Station #22, Augusta, Maine 04333
TELEPHONE: 207-287-4921


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 106, Rules for the Maine Drugs for the Elderly Program
ADOPTED RULE NUMBER: 99-442
CONCISE SUMMARY: This rule reflects changes approved by the 119th Maine Legislature to the Maine Drugs for the Elderly Program, Chapter 106. The legislative effective date for the program changes is August 1, 1999 as mandated by the legislature. The final rule expands the program into two components. It continues Basic coverage for drugs for specific conditions and adds Supplemental coverage for other drugs at reduced prices. Eligibility requirements are broadened to consider higher income thresholds and also the disability status of the applicant. Other changes include clarification of the appeal process and minor editorial corrections.
EFFECTIVE DATE: October 23, 1999
AGENCY CONTACT PERSON:, Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
ADDRESS: 11 SHS, 35 Anthony Avenue, Bureau of Medical Services, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5514
DEAF/HARD OF HEARING: 1-800-423-4331


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 205, Education Loans Through Lenders Program
PROPOSED RULE NUMBER: 99-443
CONCISE SUMMARY: This rule establishes the procedures and standards by which the authority may use the proceeds of tax exempt bonds to make education loans to eligible borrowers through intermediary financial institutions. The authority may enter into agreements with eligible financial institutions, which show that they will pass on the benefits of the tax exempt financing to individuals applying for education loans.
EFFECTIVE DATE: October 23, 1999
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX


AGENCY: 94-457 - Finance Authority of Maine

CHAPTER NUMBER AND TITLE: Ch. 317, Nutrient Management Loan Program (Non-Emergency)
ADOPTED RULE NUMBER: 99-444
CONCISE SUMMARY: This rule establishes the procedures, standards and fees applicable to borrowers applying for loans from the Authority's program of direct loans for the finance of construction of livestock manure and milk room waste containment and handling facilities as set forth in the Nutrient Management Act 7 MRSA 4201 et seq., and Chapter 565 of the Rules of the Department of Agriculture, Food and Rural Resources, from a portion of the Clean Water Revolving Loan Fund, provided by the United States Environmental Protection Agency through the Maine Municipal Bond Bank and the Maine Department of Environmental Protection.

RULE TITLE OR SUBJECT: Ch. 601, The Maine Student Incentive Scholarship Program (Amendment 6)
ADOPTED RULE NUMBER: 99-445
CONCISE SUMMARY: The rule amendment finalizes an emergency amendment which was adopted to make changes in the formula for awarding grants from the Maine Student Incentive Scholarship Program in accordance with the changes implemented on an emergency basis by PL 1999, Ch. 233. In addition, the amendment allows grants of less than the minimum statutory amount when there is less unmet financial need, with the same priority as those receiving full awards. This non-emergency amendment adopts the amendment in final form.

CHAPTER NUMBER AND TITLE: Ch. 613, Quality Child Care Education Scholarship Program
ADOPTED RULE NUMBER: 99-446
CONCISE SUMMARY: This Rule defines eligibility criteria for the Quality Child Care Education Scholarship Program and establishes a procedure for awarding grants.

EFFECTIVE DATE: October 20, 1999
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)


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