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Home > Weekly Rule-making Notices > August 10, 2011

August 10, 2011

WEEKLY NOTICES 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 internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 375, No Adverse Environmental Effect Standard of the Site Location Law, Section 10: Control of Noise, Sound Level Limits and Measurements for Wind Turbine Projects
PROPOSED RULE NUMBER: 2011-P53 (2nd publication, request for additional comment)
CONTACT PERSON FOR THIS FILING: Mike Mullen, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 446-1611. Fax: (207) 287-7826. E-mail: Mike.Mullen@Maine.gov .
REQUEST FOR ADDITIONAL PUBLIC COMMENT: The Board held a public hearing on July 7, 2011 on the citizen petition to amend the Department’s Noise Rules to address noise from wind power developments. The comment period closed on July 18, 2011. In response to evidence received at the hearing and written comments received, the Board is proposing to adopt certain changes to the proposed rule that will result in a rule that differs substantially from the Petitioners’ proposed rule. The Maine Administrative Procedure Act (MAPA), 5 MRS §8052(5) requires that “[if] an agency determines that a rule that the agency intends to adopt is substantially different from the proposed rule, the agency shall request comments from the public concerning the changes from the proposed rule.”
COMMENT DEADLINE: The deadline for comment on changes to the petitioners’ proposed rule is 5:00 pm on Monday, August 29, 2011. Comments may be submitted by mail, e-mail or fax. To ensure that the comments are considered, they must include your name and the organization you represent, if any.
BRIEF SUMMARY: The proposed rule would amend Ch. 375, Section 10, Control of Noise, by including a new subsection entitled “Sound Level Limits and Measurements for Wind Turbine Projects.” The proposed rule includes provisions for the following: (1) predictive modeling requirements; (2) maximum sound limits for operations; (3) short-term duration repetitive sounds (SDRS) and tonal sounds; (4) noise easements; (5) post-construction compliance requirements; and (6) noise complaint response.
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §8055(3) and 38 MRSA §341-D(1-B)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 01-001 – Department of Agriculture, Food and Rural Resources (filed as Maine State Harness Racing Commission)
RULE TITLE OR SUBJECT: Ch. 226, Rules Governing the Administration of Certain Substances to Animals Entered in Pulling Competitions
PROPOSED RULE NUMBER: 2011-P113
CONCISE SUMMARY: To further define what constitutes a “Prohibited Substance” and a “Drug”.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §97.5
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: September 9, 2011
AGENCY CONTACT PERSON: Peter Barengo, Program Supervisor, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3221. E-mail: Peter.Barengo@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4.01, Season Dates; Open and Closed Areas for Beaver Trapping
PROPOSED RULE NUMBER: 2011-P114
CONTACT PERSON FOR THIS FILING: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
PUBLIC HEARING: None scheduled - one may be requested
COMMENT DEADLINE: September 9, 2011
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt amendments to the season dates and open and closed areas for beaver trapping as follows:
1. Beaver Trapping
1.a.)
Wildlife Management Districts 1, 2, 4, 5: October 16 - April 30
Wildlife Management Districts 3, 6, 8, 9, 10, 11: November 1 – April 30
Wildlife Management Districts 18, 19, 28: November 1 – April 15
Wildlife Management Districts 7, 12, 13, 14, 17: November 1 – March 31
Wildlife Management Districts 15, 16, 20, 21, 22, 23, 24, 25, 26, 27, 29: December 1 – March 31
After the close of the Regular Trapping Season (paragraph 2 below), muskrats may still be trapped, but only in those areas that are open to beaver trapping. After March 31 February 28, in those Wildlife Management Districts open to beaver trapping, muskrat trapping is restricted to 1) killer-type traps, foot-hold traps, and colony traps, which must be set to remain underwater at all time; or 2) foothold traps on “covered floats.” A covered float is defined as a float completely covered on the sides and top with hardware cloth, screen, or other similar material, having a mesh size no greater than 1/2 inch square. Access to the float will be limited to openings at the extreme ends of the float and the openings will not exceed 7 inches in height, or 14 inches in width. The use of exposed bait or visible attractor on covered floats is prohibited. Only one trap may be placed per float; the trap must be recessed 3 inches or greater from any opening in the cover; the trap chain or wire must be at least 3 feet long; and the maximum foothold trap size for covered floats sets will be No. 1 ½.
When using body-gripping traps from March 1 through April 30, traps larger than 7 ½ inches (“220” size traps) the trigger wires must be off-set at least 8 inches from one side of the trap. Trigger wires must be joined together.
1.b.) During the open season for beaver trapping in any of the twenty-nine wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions:
(1) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver trapping; or
(4) Town open to all beaver trapping.
A copy of the proposed open and closed areas by WMD for beaver trapping season may be obtained from the Agency Contact Person.
IMPACT ON MUNICIPALITIES OR COUNTIES: No adverse impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §10104
WEBSITE: http://www.maine.gov/ifw/ .
IF&W RULE-MAKING LIAISON: Becky.Orff@Maine.gov .



AGENCY: 16-226 - Department of Public Safety, Liquor Licensing Unit
CHAPTER NUMBER AND TITLE: Ch. 14, Operation and Control of all Licensed Premises
PROPOSED RULE NUMBER: 2011-P115
CONTACT PERSON FOR THIS FILING: Jeffrey Austin, Supervisor. Telephone: (207) 624-7231. E-mail: Jeffrey.R.Austin@Maine.gov .
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: September 14, 2011
BRIEF SUMMARY: This amendment provides that an agency liquor store may permit the return of a bottle of spirits from a consumer if the bottle has not been opened or tampered with and is accompanied by a sales receipt that shows the bottle of spirits was purchased within the last 10 days from that agency liquor store.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 28-A MRSA §82(2)
WEBSITE: http://www.maine.gov/dps/liqr/index.html.



AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 10, Determination of Assessments
PROPOSED RULE NUMBER: 2011-P116
BRIEF SUMMARY: In accordance with P.L.2011, c.233, “An Act to Amend the Laws Governing the Maine Health Data Organization Relating to Retail Pharmacies”, this proposed rule change removes retail store drug outlets from the list of entities funding and reporting to the MHDO. Due to increasing allocation, decreasing carryover and declining numbers of non-hospital providers, this rule also changes the non-hospital health care facilities maximum assessment fees from specific dollar amounts to proportional shares.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 8704(4) and 8706
CHAPTER NUMBER AND TITLE: Ch. 270, Uniform Reporting System For Quality Data Sets
PROPOSED RULE NUMBER: 2011-P117
BRIEF SUMMARY: In accordance with P.L. 2011, c.316, “An Act to Improve Hospital Reporting of MRSA and Clostridium difficile Data”, this proposed rule change will eliminate hospital reporting of methicillin-resistant Staphylococcus aureus (MRSA) screening data to the MHDO. Instead hospitals will be required to report healthcare-acquired MRSA and healthcare-acquired Clostridium difficile data directly to the US Centers for Disease Control Prevention’s National Safety Network. The MHDO will have access to this data for future public reporting purposes. In accordance with the provisions of 22 MRSA §8708-A, the modification of the rules must be coordinated between the Maine Quality Forum and the Maine Quality Forum Advisory Council.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §8704 sub-§4 and §8708-A
PUBLIC HEARING: September 1, 2011, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333.
COMMENT DEADLINE: September 12, 2011
IMPACT ON MUNICIPALITIES OR COUNTIES: These rules will not have a fiscal impact on municipalities, counties or small businesses.
Copies of these proposed rules can be reviewed and printed from the MHDO website at www.maine.gov/mhdo/proposedrulechanges.aspx or, to receive a paper copy call (207) 287-6722.
CONTACT PERSON FOR THESE FILINGS: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone (207) 287-6724. Fax: (207) 287-6732. E-mail: Debra.J.Dodge@Maine.gov .
MHDO WEBSITE: http://mhdo.maine.gov/imhdo/ .



AGENCY: 65-407 - Maine Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 306, Uniform Information Disclosure and Informational Filing Requirements
PROPOSED RULE NUMBER: 2011-P118
CONTACT PERSON FOR THIS FILING: Mitch Tannenbaum, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1391. E-mail: Mitchell.Tannenbaum@Maine.gov .
PUBLIC HEARING: None
COMMENT DEADLINE: Written comments on the proposed rule may be filed with the Administrative Director until September 9, 2011. Written comments should refer to the docket number of this proceeding, Docket No. 2011-247 and be sent to the Administrative Director, Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347.
BRIEF SUMMARY: The PUC initiates a rulemaking to amend provisions of our uniform information disclosure rule, Ch. 306, to remove the requirement for Competitive Electricity Providers (CEPs) and transmission and distribution (T&D) utilities (with respect to standard offer service) to distribute by mail quarterly information disclosures to customers. This rulemaking is in response to recent legislation that eliminated the statutory requirement for CEPs to periodically provide or distribute customer information disclosures.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 104, 111, 1301, 3203(3), 3203(4), PL 1997, Ch 316, §4, Resolves 1999 Ch. 34; Resolves 2003 Ch. 46; Resolves 2005 Ch. 57, 35-A MRSA §3203
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


ADOPTIONS


AGENCY: 07-105 - State Planning Office
CHAPTER NUMBER AND TITLE: Ch. 208, Comprehensive Plan Review Criteria Rule
ADOPTED RULE NUMBER: 2011-256
CONCISE SUMMARY: The purpose of this chapter is to establish the standards and procedures that the State Planning Office uses to review comprehensive plant for consistency with the Growth Management Act (30-A MRSA §4312 et seq.). The Office proposes amending Ch. 208 to better align it with statue, reduce redundancies, and lessen the required elements of a comprehensive plan.
EFFECTIVE DATE: August 8, 2011
AGENCY CONTACT PERSON: Jody Harris, State Planning Office, 38 State House Station, Augusta, ME 04333-0038. Telephone: (207) 624-6202. E-mail: Jody.Harris@Maine.gov .
WEBSITE: http://www.maine.gov/spo/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder
ADOPTED RULE NUMBER: 2011-257 (Final adoption, major substantive)
CONCISE SUMMARY: The Department is adopting a major substantive final rule, Ch. III Section 21, Allowances for Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder. This final rule was approved by the legislature in Resolve Ch. 78. This rule will be effective 30 days after the final filing with the Secretary of State.
The rule is being adopted pursuant to Resolve 2011, chapter 78. The Department also made technical changes to the rule to remove procedure codes that were effective for MECMS, the payment system that was effective prior to September 1, 2010.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 2011
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 40, Home Health Services.
ADOPTED RULE NUMBER: 2011-258 (Final adoption, major substantive)
CONCISE SUMMARY: This is permanent adoption of emergency rules that were effective September 1, 2010 and October 18, 2010 with additional changes resulting from the rulemaking process. These are changes to Major Substantive Rules and they were reviewed and approved by the Legislature in Resolve 2011, Ch. 100. The rule is changed to add requirements related to a face-to-face encounter between the Member and the physician or other designated provider who is certifying the medical necessity for home health service. Ch. II is changed to direct providers to the new website addresses for Center for Medicare and Medicaid Services definitions related to billing and for new billing instructions and billing codes for services and non routine medical supplies. The amendments to the rule add a new definition for “non routine medical supplies”, direct providers how to access the list of non routine medical supplies which can be reimbursed under Section 40 and create a process for adding to this list. The rule changes redefine the unit of service, making it consistent with the services associated with the new required HIPAA compliant codes. Ch. III is changed to provide the new HIPAA-compliant codes and the associated units of service that must be used by Home Health Services providers to bill for services.
These rules are not expected to have an adverse impact on small businesses, municipalities or counties.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 2011
AGENCY CONTACT PERSON: Margaret Brown, Division of Policy, MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing).E-mail: Margaret.Brown@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 75, Vision Services
ADOPTED RULE NUMBER: 2011-259
CONCISE SUMMARY: The Department is adopting the following rule changes: (1) that prosthetics be provided only by ophthalmologist or optometrist, since opticians are not licensed to provide this service; (2) that prior authorization be deleted for tint, photochromatic or ultraviolet lenses; however, the Department is proposing to insert the medically necessary requirements for these lenses into the rule; (3) that the Department’s authorized agent be utilized for certain services; (4) that there is no one year warranty for normal wear and tear for articles purchased under the Vision Care Volume Purchase Contract (Contractor); (5) deleting the provision that allows providers to determine a need for repair/replacement of glasses/lenses; and (6) proposing that the Contractor be responsible for furnishing postage-paid mailers to providers for use in returning defective items to the Contractor. When providers use these mailers, the Contractor is solely responsible for the cost of items lost in transit; otherwise the provider assumes the financial responsibility. These rule changes do not have any adverse economic impact on municipal or county governments or small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
These rule changes are not expected to have any adverse impact on municipalities or counties or small businesses.
EFFECTIVE DATE: August 25, 2011
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner II, MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .



AGENCY: 04-061 – Department of Conservation, Maine Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Changes to Permit Subdivisions for Maple Sugar Processing Operations by Special Exception in M-GN Subdistrict
ADOPTED RULE NUMBER: 2011-260
CONCISE SUMMARY: Ch. 10 rules establish land use standards for lands under LURC jurisdiction. Those rules permit maple sugar processing operations in the General Management subdistrict but do not allow commercial subdivisions, even when those subdivisions are created by the lease of lots strictly for the purpose of creating multiple maple sugar processing operations on a single parcel. The rule changes to Ch. 10 revise 10.22.A.3.d. and 10.25.Q to permit subdivisions containing lots created by lease for the purpose of establishing and operating commercial maple sugar processing operations as a special exception with certain conditions. The proposed revisions are consistent with LURC policy as expressed in the Comprehensive Land Use Plan.
EFFECTIVE DATE: August 10, 2011
AGENCY CONTACT PERSON: Hugh Coxe, Maine Land Use Regulation Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2662. E-mail: Hugh.Coxe@Maine.gov .
WEBSITE: http://www.maine.gov/doc/lurc/index.shtml .
CONSERVATION RULE-MAKING LIAISON: Gale.Ross@Maine.gov .