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Weekly Rulemaking Notices Contact Us Find It

July 28, 2004
as posted 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 adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT:
Ch. 500, Stormwater Management
Ch. 502, Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams
PROPOSED RULE NUMBER: 2004-P213
CONCISE SUMMARY: Ch. 500 and 502 have been in effect without revision since December 1997. The existing Ch. 500 describes quantity and quality standards required under the Stormwater Law; and Ch. 502 lists watersheds of waterbodies most at risk from new development, and sensitive and threatened regions or watersheds. In 2003, the Legislature issued a mandate that the department consult with a stormwater stakeholders group comprised of engineers, municipal officials, other state agencies, and professionals representing entities with a vested interest in stormwater management. The overarching goal of this stakeholder process was to improve stormwater management in Maine. To help guide the development of recommendations, the stakeholders agreed to four guiding principles. The proposed changes to these chapters can be broadly summarized as follows.
1. Quantity and quality standards in Ch. 500 have been revised to provide more effective and meaningful protection by streamlining them into one set of standards focused on the protection of water quality. A variety of treatment options are available to meet standards and, in some cases, provisions are built in for compensation fees and mitigation, providing flexibility without sacrificing protection.
2. All projects subject to the Stormwater Law will be required to meet standards aimed at protecting water quality, eliminating differential regulation based on location. Treatment will be provided in watersheds of pristine waters as well as waters in more developed watersheds. Protecting all of Maine's waters equally addresses the unintended consequence of sprawl.
3. A single threshold of one acre of disturbance will eliminate multiple, and sometimes confusing, thresholds for jurisdiction. A threshold based on disturbed area will also allow consolidation of the permit application with the notice requirements of the Maine Construction General Permit (MCGP), in most cases eliminating dual permit processing requirements.
4. Quality treatment in all watersheds will contribute a measure of protection not currently provided and forestall water quality degradation resulting from untreated stormwater runoff. Protection has been added for urban impaired streams while retaining designations for most at risk lakes to provide protection for these more eminently threatened resources.
Overall, improving the effectiveness of stormwater management in Maine relies largely on providing an effective and understandable regulation. Together, stakeholders and department staff have crafted a regulation that will provide increased protection for the water quality of Maine's protected natural resources, while simplifying the permit process.
The draft rules are posted on the department's web site at http://www.maine.gov/dep/blwq/rule.htm. Comments may be submitted by mail at the address below, by fax at (207) 287-7191, or by email to the address below. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or email is on the sender.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 420-D
DEADLINE FOR COMMENTS: September 1, 2004
AGENCY CONTACT PERSON: Judy Gates, Licensing Coordinator
AGENCY NAME: Department of Environmental Protection
ADDRESS: Bureau of Land & Water Quality, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7691
E-MAIL: judy.gates@maine.gov


AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 13, Rules Governing Driver License Restrictions
PROPOSED RULE NUMBER: 2004-P214
CONCISE SUMMARY: This rule describes the factors to be considered when restrictions are placed on drivers licenses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 153
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: August 30, 2004
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Department of the Secretary of State, Bureau of Motor Vehicles
ADDRESS: 29 Statehouse Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9092


AGENCY: 10-144 - Department of Health & Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 109, Speech and Hearing Services
PROPOSED RULE NUMBER: 2004-P216
CONCISE SUMMARY: This new rule will repeal Section 10, Audiology Services, Section 105, Speech and Hearing Agencies Services, and Section 110, Speech-Language Pathology Services, from the MaineCare Benefits Manual, and replace them with a combined Section 109, Speech and Hearing Services, to provide the same services. However, certain restrictions will be placed on the ability of members aged 21 and older to access speech-language pathology services. Eligibility for adults will be limited to those with rehabilitation potential. The definition of a Speech and Hearing Agencies, and the periodicity of speech and language re-evaluations, was also clarified. Ch. III was reformatted with no change in reimbursement rates, and an advisory was added that procedure codes were subject to change upon 30 days notification to providers.
See http://www.maine.gov/bms/ProposedRuleMaking.htm for rules and related rulemaking documents.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173 and 3174-FF
PUBLIC HEARING:
Date: August 16, 2004
Time: 1:00 p.m.
Location: Conference Room: 1A, Department of Health & Human Services, 442 Civic Center Drive Augusta, ME 04333-0011
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 11, 2004.
DEADLINE FOR COMMENTS: August 27, 2004
AGENCY CONTACT PERSON: Robert E. Gross
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9366
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 115, Principles of Reimbursement for Residential Care Facilities
PROPOSED RULE NUMBER: 2004-P217
CONCISE SUMMARY: These proposed rules will permanently adopt emergency rules currently in effect as of July 1, which were mandated by the Maine State Legislature, to reduce reimbursement for the facility-specific routine component of the room and board portion by twenty-five cents per day per member for those facilities covered under Ch. 115. This reduction replaces reduced reimbursement for bed-hold days in medical and remedial facilities under MaineCare Benefits Manual, Section 97, PNMI services. The proposed rules also clarify definitions of fair market value and historical costs, which are utilized in determination of value of asset transfers. Additionally, the proposed rules clarify requirements for provision of return on equity in lease arrangements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, Resolves 2003, ch. 135.
PUBLIC HEARING:
Date: August 18, 2004, 1:30 p.m.
Location: Department of Health and Human Services, 442 Civic Center Drive, Augusta, Maine 04333-0011
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 11, 2004
DEADLINE FOR COMMENTS: Comments must be received by midnight, August 28,2004.
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Division of Policy and Provider Services, Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9371
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 231, Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 2004-P218
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to Drinking Water involve updating reporting requirements to the Drinking Water Program, changing capacity development requirements, and updating emergency response requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 601, Subchapter 1, 2605; 22 MRSA 42(l); 22 MRSA 2612-A & 2615(5)
PUBLIC HEARING: August 19, 2004, from 1:00 p.m. - 3:00 p.m., at
161 Capitol Street, Augusta, Maine.
DEADLINE FOR COMMENTS: August 30, 2004
AGENCY CONTACT PERSON: Tera Tower, Rulemaking Coordinator
AGENCY NAME: Drinking Water Program
ADDRESS: 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680
TTY: (207) 287-5550


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 101, Standard Interest Rate
PROPOSED RULE NUMBER: 2004-P219
CONCISE SUMMARY: This rule, which formerly was used to set forth the standard interest rate established by the State Tax Assessor and applicable to state tax delinquencies and refunds, is being repealed since the standard interest rate is now established by the Legislature by statute.
RULE TITLE OR SUBJECT: Ch. 301, Sales for Resale and Sales of Packaging Materials
PROPOSED RULE NUMBER: 2004-P220
CONCISE SUMMARY: Rule 301 establishes procedures for making sales for resale, certain sales to lessors and service providers and sales of packaging materials exempt from sales tax, and sets forth requirements for certification of exempt sales. Maine Revenue Services is proposing to repeal and replace the Rule in order to reflect recent statutory changes. The most important of those changes provides that retailers that make less than $10,000 in annual gross sales are not entitled to receive a "resale certificate" from the State Tax Assessor enabling them to purchase goods free of sales tax.
RULE TITLE OR SUBJECT: Ch. 505, New England Regional Fuel Tax Agreement
PROPOSED RULE NUMBER: 2004-P221
CONCISE SUMMARY: This rule deals with the Regional Fuel Tax Agreement, which was repealed by the Legislature in 1999. The Regional Fuel Tax Agreement has been replaced by the International Fuel Tax Agreement.
RULE TITLE OR SUBJECT: Ch. 506, Certificates of Exemption for Special Fuel Users
PROPOSED RULE NUMBER: 2004-P222
CONCISE SUMMARY: This rule is being repealed because it is obsolete. It deals with the issuance by the State Tax Assessor of special fuel (diesel) purchaser exemption certificates pursuant to 36 3203-A, which was repealed in 1995.
RULE TITLE OR SUBJECT: Ch. 901, Maine Residents Property Tax Program
PROPOSED RULE NUMBER: 2004-P223
CONCISE SUMMARY: This rule is being amended to make the following changes:
1. The rule presently requires a claimant who does not have title to the homestead that he or she occupies but does have a possessory interest and who is personally responsible for payment of the tax to support the claim by providing a copy of the written agreement that established his or her personal responsibility for the property tax. See Sections .01(G) and .04(D). The proposed amendment removes the requirement that the agreement be in writing and in effect prior to the beginning of the year upon which the claim is based.
2. To make other minor editorial changes.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA 112
PUBLIC HEARING None scheduled as yet.
DEADLINE FOR COMMENTS: August 30, 2004
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting Season
PROPOSED RULE NUMBER: 2004-P224
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER).
1) Ducks (not including mergansers):
NORTH ZONE: October 4 through December 11, 2004
SOUTH ZONE: October 11 through December 18, 2004
Daily Limit: 4; Possession Limit: 8 with the following exceptions:
a. Closed season for Harlequin ducks.
b. Daily limit: 1; possession limit: 2 for black ducks, pintail, canvasback, mottled ducks and fulvous tree ducks.
c. Daily limit: 2; possession limit: 4 for hen mallard, wood ducks and redhead ducks.
d. In addition to the daily limit of 4, two (2) additional teal may be taken per day (either blue-winged teal or green-winged teal). NOTE: A possession limit of 12 is permitted providing that it includes 4 or more teal.
e. Daily limit: 3; possession limit: 6 for scaup.
2) Mergansers and American coots: SEASON SAME AS DUCKS.
Mergansers: Daily limit 5 in the aggregate; possession limit 10 with the following exceptions:
a. Hooded mergansers: daily limit: 1; possession limit: 2.
American coot: Daily limit 5, possession limit 10.
3) Canada Geese (Special Early Season): September 7 through September 25, 2004. Daily limit: 4; possession limit: 8.
Regular Goose Season -
NORTH ZONE: October 4 through December 11, 2004.
SOUTH ZONE: October 11 through December 18, 2004.
Daily limit: 2; possession limit: 4
4) Snow Geese: October 4, 2004 - January 31, 2005. Daily limit 15; no possession limit.
5) Brant: October 4 - December 11, 2004. Daily limit 2; possession limit 4.
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, mergansers, and American coots:
NORTH ZONE: December 16, 2004 through January 31, 2005.
SOUTH ZONE: January 13, 2005 through February 28, 2005.
Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7) Sea Ducks: (scoters eiders, and long-tailed ducks in. the sea duck zone): October 1, 2004 through January 31, 2005. Daily limit 7; possession limit 14 with following exceptions:
Scoter: daily limit: 4; possession limit: 8.
Common Eider: daily limit: 5; possession limit: 10.
8) Woodcock: October 1 through October 30, 2004. Daily limit 3; possession limit 6.
9) YOUTH WATERFOWL HUNT: September 25, 2004. Bag limits as above and youth hunters may take 1 black duck. Special regulations will apply to youth and accompanying adult.
Copies of the proposed rules may be obtained from the Agency Contact Person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035 and 7456
PUBLIC HEARING: Wednesday, August 18, 2004 at 6:30 p.m. at the Augusta Civic Center, Lincoln/Oxford Room, Civic Center Drive, Augusta, ME
DEADLINE FOR COMMENTS: August 20, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333
TELEPHONE: (207) 287-5201.


AGENCY: 12-170 - Department of Labor Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 11, Rules Governing Hazardous Occupations for Minors Under the Age of Eighteen in Non-Agricultural Employment
PROPOSED RULE NUMBER: 2004-P225
CONCISE SUMMARY: This amendment adds the provisions prohibiting working at height and in confined spaces in accordance with 2003 PL c.59. It also clarifies the exemptions for apprentices and student-learners.
STATUTORY AUTHORITY: 26 MRSA 772 (as amended by 2003 PL. c. 59), and 773.
RULE TITLE OR SUBJECT: Ch. 7, Rules Relating to Substance Abuse Testing
PROPOSED RULE NUMBER: 2004-P226
CONCISE SUMMARY: This amendment provides guidance to employers wanting to establish random or arbitrary substance abuse testing for all employees as to the steps needed and the information necessary to have a program approved.
STATUTORY AUTHORITY: 26 MRSA c.7, sub-c. III-A
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: August 20, 2004
AGENCY CONTACT PERSON: William A. Peabody, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406


ADOPTIONS: No adoptions this week.

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