September 18, 2019

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: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 312 (New), Distributed Generation Procurement
PROPOSED RULE NUMBER: 2019-P171
BRIEF SUMMARY: The Public Utilities Commission issues a proposed rule that contains provisions governing the periodic procurement of distributed renewable resources. The Commission proposes to adopt a new rule, Ch. 312: Distributed Generation Procurement. The Commission initiates this rulemaking as a result of recently enacted legislation.
PUBLIC HEARING: October 8, 2019 - 1:30 pm, Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347
COMMENT DEADLINE: October 18, 2019. Interested persons may file initial comments on the proposed rule using the Commission's Case Management System (CMS), in Docket No. 2019-00219, on or before September 20, 2019. Interested persons may file final written comments on the proposed Rule in CMS, in Docket No. 2019-00219, no later than October 18, 2019. All comments will appear in the Case Management System, which is accessible from the Commission’s web site. Commenters should refer to Docket Number 2019-00219 when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Mitchell Tannenbaum, MPUC, 18 State House Station, Augusta, Maine 04333. Telephone (207) 287-1391. Email: Mitchell.Tannenbaum@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 1301; Public Law 2019 ch. 478
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine.gov/mpuc.
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov.

ADOPTIONS

AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 135, Employee Benefit Excess Insurance
ADOPTED RULE NUMBER: 2019-164
CONCISE SUMMARY: The primary purpose of the proposed rule is to set forth standards for employee benefit excess insurance that is provided to employers maintaining group health plans, such as minimum attachment points for coverage, tail coverage, and disclosure of annual limits on coverage. The proposed rule also includes standards specific to small groups under which they may purchase employee benefit excess insurance.
EFFECTIVE DATE: September 18, 2019
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Benjamin Yardley, Senior Staff Attorney, Department of Professional & Financial Regulation, Bureau of Insurance, 76 Northern Avenue – 34 State House Station, Gardiner, ME 04345. Telephone: (207) 624-8537. Email: Benjamin.Yardley@Maine.gov.
AGENCY WEBSITE: http://www.maine.gov/pfr/insurance/.

AGENCY: 15-215 - Maine Department of Defense, Veterans and Emergency Management (DVEM), Bureau of Maine Veterans Services
CHAPTER NUMBER AND TITLE: Ch. 2, Administration of the Veteran’s Emergency Financial Assistance Program
ADOPTED RULE NUMBER: 2019-165
CONCISE SUMMARY: This rule establishes the process to govern the administration of the Veterans Emergency Financial Assistance Program pursuant to Title 37-B MRS §505. The program will assist veterans in need and provide a resource that may have not otherwise been available. The fixed program cost set by the Legislature is currently $250,000 per year. The Bureau or its contracted provider(s) may provide a grant of temporary assistance not to exceed $2,000 annually to a veteran currently a resident of this State who has filed a valid claim for a veteran's pension, pending notification of the award of such a pension, as well as to veterans with emergency needs for assistance as defined in the statute. The rule will help ensure that the State of Maine is assisting the veterans in the appropriate manner and within the guidelines and intent of the law. Conditions which would make a Veteran eligible for a grant under this fund for emergency assistance would include but are not limited to:
a. Damage to that veteran’s place of primary residence due to any fire, flood, hurricane or other natural disaster, or technological or human caused incident that is not fully compensable by the veteran’s insurance coverage;
b. A sudden or sustained illness of the veteran or of the veteran’s immediate family member that is causing financial hardship; or
c. Any financial hardship that in the absence of assistance would result in the veteran becoming homeless.
The Director of the Bureau of Maine Veterans Services may also determine eligibility for temporary financial assistance on a case-by-case basis.
The rule also outlines the application procedure for the grant, reporting requirements and procedures to remedy any misuse of the funds.
EFFECTIVE DATE: September 16, 2019
CONTACT PERSON FOR THIS FILING: Darren Henry, Maine Bureau of Veterans Services, 117 State House Station, Augusta, Maine 04333. Telephone: (207) 430-6037. Fax: (207) 626-4471. TTY: (711) Maine Relay. Email: Darren.Henry@Maine.gov.
AGENCY WEBSITE: https://www.maine.gov/veterans.
DVEM RULEMAKING LIAISON: Scott.A.Young@Maine.gov.

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Atlantic Herring (Period 3 Closes)
ADOPTED RULE NUMBER: 2019-166 (Emergency)
CONCISE SUMMARY: The Herring Management Area (HMA) 1A fishery has harvested 92% of the Period 3 (September – October) allocation. The Atlantic States Marine Fisheries Commission (ASMFC) has designated zero landing days for the remainder of Period 3, starting Sunday, September 15 through October 31, 2019.
The Commissioner has determined that it is necessary to take emergency action to implement these limitations to prevent the imminent depletion of the supply of Atlantic herring and to comply with the changes to the interstate management of the Atlantic herring resource. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS §6171(3).
EFFECTIVE DATE: September 14, 2019
DMR CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (207) 633-9500 (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.