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December 1, 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: 06-096 - Board of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 1000, Amendments to State of Maine Guidelines for Municipal Shoreland Zoning Ordinances
PROPOSED RULE NUMBER: 99-P261
CONCISE SUMMARY: This rule will amend the DEP's minimum standards for municipal shoreland zoning ordinances to permit limited timber harvesting activities within 75 feet of a great pond zoned for resource protection. The rule also notes that monetary penalties for violations occurring in resource protection districts have been raised from $2,500 to $5,000. These changes are consistent with the current shoreland zoning law.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 438-A(l)
PUBLIC HEARING: None scheduled; one may be requested. Written comments will be accepted.
DEADLINE FOR COMMENTS: January 14, 2000 at 5:00 p.m.
AGENCY CONTACT PERSON: Richard P. Baker
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730


AGENCY: 10-144 - Department of Human Services, Bureau of Health
RULE OR SUBJECT: Ch. 263, Maine Comprehensive and Limited Environmental Laboratory Certification Rules (amendments)
PROPOSED RULE NUMBER: 99-P262
CONCISE SUMMARY: These amendments reflect legislative changes, national accreditation guidelines and EPA mandates by
* Adding certification for radon in water.
* Changing the inspection frequency from one to two years.
* Incorporating legislated limits on samples licensed waste treatment facilities may test without being certified into the rule.
* Revising the proficiency testing (performance evaluation) requirements.
* Recognizing laboratories accredited by the national environmental laboratory accreditation program (NELAP).
* Moving the appointing authority for the certification officer from the state lab director to the Bureau of Health director.
* Adjusting the fee schedule to reflect program changes.
* Requiring laboratories to designate an internal quality assurance officer.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA c. 157-A 567
PUBLIC HEARING: 9:30 a.m., Wednesday, December 22, 1999, Human Services Conference Room, 221 State Street, Augusta, ME
DEADLINE FOR COMMENTS: Monday, January 3, 2000
AGENCY CONTACT PERSON: Michael C. Sodano
AGENCY NAME: Health & Environmental Testing Laboratory
ADDRESS: 221 State Street, # 12
Augusta 04333
TELEPHONE: 207-287-1929
TTY: 207-897-4479


AGENCY: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Ch. 305, Traffic Movement Permits
PROPOSED RULE NUMBER: 99-P263
CONCISE SUMMARY: These rules outline the process and guidelines for issuance of a Traffic Movement Permit by the Maine Dept. of Transportation. Any developer project which will generate 100 or more Passenger Car Equivalent trips during the peak hour must obtain a Traffic Movement Permit from ME Dept. of Transportation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. Not directly. Municipalities have the option of taking on delegated review. If they choose to take on this responsibility, they would have to fund the administration portion. If the municipality is an applicant for the permit, they could, depending on circumstances, be responsible for mitigation of traffic related issues, which could include an impact fee.
STATUTORY AUTHORITY: 23 M.R.S.A. 704-A
PUBLIC HEARING : December 20, 1999 from 9-11 a.m. In the Main Conference Room at the Maine Dept. of Transportation building on Child Street in Augusta.
DEADLINE FOR COMMENTS: December 30, 1999
AGENCY CONTACT PERSON: Stephen Landry
AGENCY NAME: Maine Dept. of Transportation
ADDRESS: Traffic Engineering, 16 State House Station, Augusta, ME 04333
TELEPHONE: 287-3775


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 22, Home and Community-Based Waiver Services for the Physically Disabled
PROPOSED RULE NUMBER: 99-P264
CONCISE SUMMARY: Proposed changes to Chapter III rates of reimbursement reflect the mandate of PL 99 Ch 401 to increase Personal Care Attendant (PCA) wages for services delivered on or after 10/1/99. A combination of new funds appropriated by the Legislature and savings in the administrative costs will provide an increase in the direct wages available to PCAs. These rules incorporate changes, which were adopted under emergency rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING December 20, 1999, 1:00 p.m., Dickens Room, Bureau of Medical Services, 35 Anthony Ave., Augusta, Maine
DEADLINE FOR COMMENTS: Written comments will be accepted through December 30, 1999.
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 624-5519 or 1-800-321-5557 option 1
DEAF/ HARD OF HEARING TTY#: 287-1828, or TTY#: 1-800-423-4331


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #99-12
ADOPTED RULE NUMBER: 99-488
CONCISE SUMMARY: Minimum December, 1999 producer Class I set at $14.73. December, 1999 Class II goes to $11.79 and Class III minimums set at $11.55. These changes were passed on in minimum prices.
EFFECTIVE DATE: December 1, 1999
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building- Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 94-434 - Maine Educational Loan Authority (MELA)
CHAPTER NUMBER AND TITLE: Ch. 1, Supplemental Education Loan Program Rule
ADOPTED RULE NUMBER: 99-489
CONCISE SUMMARY: To provide and extend assistance through financing the cost of higher education by offering low cost educational financing to Maine resident medical students and out-of-state residents attending Maine medical school s.
EFFECTIVE DATE: November 27, 1999
AGENCY CONTACT PERSON: Walter H. Moulton, Executive Director
AGENCY NAME: Maine Educational Loan Authority
ADDRESS: 526 Western Avenue, Augusta, ME 04330
TELEPHONE: (207) 623-2600


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