January 3, 2018

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.


NOTICE


AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections and Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act (APA)
CONCISE SUMMARY: By the end of January, 2018, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include a summary on these recommendations in the report. Please submit comments via email or U.S. postal.
STATUTORY AUTHORITY: 5 MRS §8056-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 24, 2018
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-7650. Fax: (207) 287-6545. Email: Don.Wismer@Maine.gov .
WEBSITE: http://www.maine.gov/sos/cec/rules/index.html .


PROPOSALS


AGENCY: 01-015 Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-18
PROPOSED RULE NUMBER: 2017-P189
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954
PUBLIC HEARING: January 18, 2018, Thursday, starting at 4:00 p.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: January 18, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 2, Aquaculture Lease Regulations: 2.90, Limited Purpose Aquaculture (LPA) License; 2.95, Water Quality Classifications and Shellfish Aquaculture
PROPOSED RULE NUMBER: 2017-P190
BRIEF SUMMARY: This rulemaking proposes a number of changes to the Limited Purpose Aquaculture License (LPA). It deletes a number of references to other chapters of regulation to reduce redundancy. It proposes several changes to reduce risk to public health, and would prohibit siting LPAs for shellfish in prohibited, restricted and conditionally restricted areas with certain exceptions. It would prohibit siting of marine algae or shellfish seed LPAs within the 300:1 dilution zone around wastewater treatment outfalls and prohibit the use of MOU or biotoxin monitoring protocols on LPAs. It would limit the dimensions of LPAs to no longer than 4x100 feet, square or rectangular. It would require LPA license holders to complete an educational program prior to renewal of their license in 2019 and future years. It would amend gear marking requirements, so that each individual piece would no longer need to be marked and require buoys to be marked with the LPA identification number. The proposal would allow an individual to have three helpers, but limit an individual to being listed on no more than four LPAs as an assistant. The proposal clarifies the riparian landowner density exemption, notice to municipalities, site identification on the application, and who must sign the application. The proposal would also limit the allowable mid-year amendments to source of stock, species, mooring type/layout, assistants, and contact information.
PUBLIC HEARINGS:
Yarmouth: January 22, 2018, 6:00 p.m., Yarmouth Log Cabin, 196 Main Street
Rockland: January 24, 2018, 6:00 p.m., Rockland Ferry Terminal, 515 Main Street
If one or both hearings are canceled due to inclement weather, the alternate date and location will be: January 26, 2018 at 2:00 p.m., DMR Offices, Room 118 Marquardt Building, 32 Blossom Lane, Augusta, Maine. Weather related cancellations will be posted to the DMR website at: http://www.maine.gov/dmr/. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson, at (207) 624-6553.
COMMENT DEADLINE: February 5, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis (tel: 207-624-6573). Mail Written Comments to: Department of Marine Resources, attn.: Rulemaking, 21 State House Station, Augusta, ME 04333-0021. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing)
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
DMR PROPOSED RULEMAKING WEBSITE: http://www.maine.gov/dmr/laws-regulations/proposed-rulemaking.html .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6706
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .


ADOPTIONS


AGENCY: 01-015 Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-18
ADOPTED RULE NUMBER: 2017-206 (Emergency)
CONCISE SUMMARY: Minimum December 2017 Class I price is $20.13/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.04/cwt as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $23.88/cwt. that includes a $0.20/cwt Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: December 31, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS), Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Industry Employment in the Public Sector
ADOPTED RULE NUMBER: 2017-207
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference certain rules governing Occupational Safety and Health in general industry employment as promulgated by the Federal Occupational Safety and Health Administration at 29-CFR Part 1910 as most recently amended as of June 1, 2017.
EFFECTIVE DATE: December 26, 2017
DOL CONTACT PERSON / RULEMAKING LIAISON: Nina McLaughlin, Director of Policy and Legislative Affairs, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
DOL WEBSITE: http://www.maine.gov/labor/ .


AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards (BLS), Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 3, Occupational Safety and Health Standards for Construction Industry Employment in the Public Sector
ADOPTED RULE NUMBER: 2017-208
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference certain rules governing Occupational Safety and Health in construction industry employment as promulgated by the Federal Occupational Safety and Health Administration at 29-CFR Part 1926 as most recently amended as of June 1, 2017.
EFFECTIVE DATE: December 26, 2017
DOL CONTACT PERSON / RULEMAKING LIAISON: Nina McLaughlin, Director of Policy and Legislative Affairs, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. Email: Nina.McLaughlin@Maine.gov .
DOL WEBSITE: http://www.maine.gov/labor/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II Section 29, Support Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER: 2017-209
CONCISE SUMMARY: The Department is adopting amendments to this rule in accordance with PL 2017 ch. 284 (An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2018 and June 30, 2019), which provided funding to increase the annual cap for services provided under Section 29 from $23,985 to $47,500. The Act funded Shared Living services as a new residential Covered Service available to eligible members under Section 29.
The Department has increased the annual combined services cap from the $47,500 in the legislation to $52,425, to accommodate the annual cost of the newly-added Shared Living service, given the rate increase for this service for SFY18, as implemented in emergency major substantive rule amendments of Ch. III Section 29, effective October 1, 2017 and retroactive to July 1, 2017. In addition, the Department has added Shared Living to, and removed Work Support from, this cap, which will now include Home Support, Community Support, and Shared Living. The Department has increased the annual cap on Respite services to accommodate the rate increase for this service for SFY18 in Ch. III Section 29, which the Department also adopted in the same concurrent, emergency amendments. Both of these increases in the combined services cap are retroactive to July 1, 2017, pursuant to the increased rates for services in the legislation, and 22 MRS §42(8).
These amendments adopt, finally, changes that were made to Section 29 on an emergency basis effective October 1, 2017, and which are effective for ninety (90) days.
The final adopted rule implements these changes by adding definitions for Administrative Oversight Agency, Shared Living, and Shared Living Provider, and by adding Shared Living as a Covered Service. The combined services cap has been increased to $52,425, and Shared Living has been added to the services included under the cap. Work Support-Individual and Work Support-Group have been removed from the cap. Removing these services from the cap removes the limit on Work Support, and allows members flexibility to use the capped amount for the other services. The annual limit on Respite has been increased from $1,000 to $1,100. The weekly cap on Home Support-Remote Support has been removed to increase member flexibility.
These changes are not expected to have an adverse effect on the administrative burdens of small businesses.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: December 28, 2017
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6951. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Rachel.Posner@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .