January 31, 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.


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 #03-18
PROPOSED RULE NUMBER: 2018-P008
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: February 22, 2018, Thursday, starting at 4:00 p.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: February 22, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: 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):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 99-626 - Maine Rural Development Authority (RDA)
CHAPTER NUMBER AND TITLE: Ch. 3, Rural Manufacturing and Industrial Site Redevelopment Program
PROPOSED RULE NUMBER: 2018-P009
BRIEF SUMMARY: This rule implements PL 2017 ch. 174, including the application and award process for the Rural Manufacturing and Industrial Site Redevelopment Program established in 5 MRS §13120-R(1).
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: March 2, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Christopher Roney, General Counsel, Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 620-3520. Fax: (207) 213-2620. TTY: (207) 626-2717. Email: croney@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The rule will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §§ 13120-L, 13120-R
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
RDA WEBSITE: http://www.mainerda.org/ .


AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBERS AND TITLES:
Ch. 2, Cooperation with Local Governments (Repeal)
Ch. 13, Allocation of State Ceiling for Housing-Related Bonds (Repeal)
Ch. 17, Natural Disaster Home Assistance Program (Repeal)
Ch. 21, Land Acquisition/Improvement and Housing Opportunity Zones Programs (Repeal)
PROPOSED RULE NUMBERS: 2018-P010 thru P013
BRIEF SUMMARY: The following rules are obsolete and being repealed: Ch. 2, Cooperation with Local Governments; Ch. 13, Allocation of State Ceiling for Housing-Related Bonds Rule; Ch. 17, Natural Disaster Home Assistance Program; and Ch. 21, Land Acquisition/Improvement and Housing Opportunity Zones Programs.
PUBLIC HEARING: A public hearing will be held on Tuesday, February 20, 2018 at 9:30 a.m. at Maine State Housing, 353 Water Street, Augusta, Maine 04330-4633. Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communications auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, March 2, 2018 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 89 State House Station, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600, (800) 452-4668 (voice in state only). Maine Relay 711. Email: luhl@mainehousing.org . Upon sufficient notice, this notice and any of the rules will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRS §4741.1
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above
AGENCY WEBSITE: http://www.mainehousing.org/ .


ADOPTIONS


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 880, Attachments to Joint-Use Utility Poles; Determination and Allocation of Costs; Procedure
ADOPTED RULE NUMBER: 2018-012
CONCISE SUMMARY: The Public Utilities Commission (Commission) amends Ch. 880 of the Commission's Rules regarding attachments to joint use utility poles.
EFFECTIVE DATE: January 24, 2018
AGENCY CONTACT PERSON / PUC RULEMAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 8 State House Station, Hallowell, Maine 04347. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
PUC WEBSITE: http://www.maine.gov/mpuc/ .


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
ADOPTED RULE NUMBER: 2018-013 (Emergency)
CONCISE SUMMARY: Minimum February 2018 Class I price is $17.50/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $3.26/cwt. handling fee for a total of $23.63/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: January 28, 2018
AGENCY CONTACT PERSON / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission (Agriculture), 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov.
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Closures, (12) Casco Passage (Swan’s Island), (13) Johnson Bay (Cobscook Bay)
ADOPTED RULE NUMBER: 2018-014 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking for the implementation of targeted conservation closures located in Johnson Bay, inside Cobscook Bay area and Casco Passage of the Swan’s Island Rotational Area to protect Maine’s scallop resource due to the risk of unusual damage and imminent depletion. The Department is concerned that continued harvesting for the duration of the 2017-18 fishing season in these areas will remove any remaining broodstock as well as negatively impact seed scallop resource that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource in these areas. An immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource in both the Johnson Bay and Casco Passage areas. For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery in these areas as authorized by 12 MRS §6171(3)(A).
EFFECTIVE DATE: January 21, 2018
AGENCY CONTACT PERSON: Melissa Smith (207-624-6558), Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 12, Allowances for Consumer-Directed Attendant Services
ADOPTED RULE NUMBER: 2018-015
CONCISE SUMMARY: The Department of Health and Human Services adopts this rule change to Ch. III Section 12, “Allowances for Consumer-Directed Attendant Services” to comply with Public Law 2017 ch. 284 parts MMMMMMM-1 and ZZZZZZ-9, 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.
This rule change is consistent with PL 2017 ch. 284 parts MMMMMMM-1 and ZZZZZZ-9, which requires the Department to amend its rules to increase reimbursement rates for the home-based and community-based personal care services referenced in the February 1, 2016 report “Rate Review for Personal Care and Related Services: Final Rate Models” prepared for the Department by Burns & Associates, Inc., which includes Section 12 services. Part MMMMMMM-1 directs the Department that the increase in rates of reimbursement must be applied in equal proportion to all home-based and community-based personal care and related services referenced in the Burns & Associates, Inc. report using the funding provided for that purpose in Ch. 284.
On November 14, 2017, the Department adopted an emergency rule to effectuate the increased Section 12 reimbursement rates with a retroactive effective date of July 1, 2017. This rulemaking makes permanent the emergency rule changes.
The Department determined that a retroactive rate increase to the beginning of the state fiscal year was appropriate, since the appropriation is intended for the entire fiscal year. The retroactive application for this rule comports with 22 MRS §42(8) which authorizes the Department to adopt rules with a retroactive application for a period not to exceed eight calendar quarters and there is no adverse financial impact on any MaineCare member or provider. The increased rate will sunset on June 30, 2018, as the rate increases were funded by a single year appropriation. PL 2017 ch. 284 part ZZZZZZ-9. On July 1, 2018, rates will revert by to the June 30, 2017 rates.
The Department is seeking, and anticipates receiving, approval from the federal Centers for Medicare and Medicaid Services (“CMS”) for these changes. Pending approval, the increased reimbursement rates will be effective retroactive to July 1, 2017. In addition, in September of 2015, July 2016, and August of 2017, the Department proposed separate reimbursement rate changes to CMS, those rates are pending approval. As such, there are different effective dates for various rates, as set forth more specifically in Ch. III.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: January 30, 2018
AGENCY CONTACT PERSON: Heidi Bechard, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Heidi.Bechard@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .