October 14, 2020

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: 99-639 - ConnectMaine Authority (affiliated with the Department of Economic and Community Development (DECD), Office of Broadband)
CHAPTER NUMBER AND TITLE: Ch. 101, ConnectMaine Authority
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P201
BRIEF SUMMARY: Updates the required data collection and confidentiality requirements as a result of recent legislative changes in PL ch. 625. Also changes the name from ConnectME to ConnectMaine.
DETAILED SUMMARY: This rule revision implements PL 2019 ch. 625 by changing the name to ConnectMaine, updating the confidentiality section and putting additional details into the required reporting for broadband providers in the state. It also clarifies that cellular providers only have to provide data, and can only get grants from the Authority if they are voluntarily contributing to the ConnectME Fund.
PUBLIC HEARING: November 2th, 2020 - 11:00 a.m. Email: Connect.ME@Maine.gov for Link to the video conference.
COMMENT DEADLINE: November 12, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Stephenie MacLagan, 59 State House Station, Augusta ME, O4330. Fax: (207) 287-2681. Telephone: (207) 592-8790. S.MacLagan@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): 
STATUTORY AUTHORITY FOR THIS RULE: Title 35-A §9205 sub-§3
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: PL 2019 ch. 625
AGENCY WEBSITE: https://www.maine.gov/connectme/home .

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 6, Educational and Scientific Collection Permit Rules
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P202
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend ch. 6 rules which will change the reference of permitting for educational and scientific collection of “wild animals and wild birds” to “wildlife” as it is currently referenced in statute. This will create consistency between law and rule and update the terminology used to describe species covered under the permit. A copy of the complete proposal can be requested from the Agency Contact Person.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: November 13, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 12152
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 202, Medical Board
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P203
BRIEF SUMMARY: This rule governs the establishment of the Medical Board of the Maine Public Employees Retirement System. The rule is being repealed and replaced to bring it current with laws and practices. The proposed replacement rule also specifies that the Board can designate an entity whose medical-provider employees would make up the Medical Board.
PUBLIC HEARING: None
COMMENT DEADLINE: November 20, 2020
EMAIL FOR PUBLIC TO SUBMIT COMMENTS: rulemaking@mainepers.org .
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MAINEPERS RULEMAKING LIAISON: Kathy J. Morin, Manager, Actuarial and Legislative Affairs, Maine Public Employees Retirement System, P.O. Box 349, Augusta, ME 04332-0349. Telephone: 1 (800) 451-9800 or (207) 512-3190. Email: Kathy.Morin@MainePERS.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §17103(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINEPERS WEBSITE: https://www.mainepers.org/ .

ADOPTIONS

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
ADOPTED RULE NUMBER: 2020-217
CONCISE SUMMARY: This rule change updates the current definition of Pharmacy Benefit Manager (consistent with statutory revision made earlier this year), resumes collection of race and ethnicity data, and add fields to indicate if a provider is in a payer’s network.
Copies of these proposed rules can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
This rule is not expected to have any adverse economic impact on small businesses.
EFFECTIVE DATE: October 12, 2020
CONTACT PERSON: Karynlee Harrington, Acting Executive Director, Maine Health Data Organization, 151 Capitol Street - 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6722.
MHDO WEBSITE: https://mhdo.maine.gov/index.aspx .

AGENCY: 99-346 - Maine State Housing Authority (MaineHousing)
CHAPTER NUMBER AND TITLE: Ch. 35 (New), State Low Income Housing Tax Credit Rule
ADOPTED RULE NUMBER: 2020-218
CONCISE SUMMARY: The state low income housing tax credit law was recently enacted to provide funds for the development and preservation of multi-family affordable housing. Under the law, at least 80% of the credit to be allocated in a calendar year must be set aside for the construction or adaptive reuse of buildings for new rental units. The amount of the state low income housing tax credit a project receives for such new rental units is equal to the amount of federal low income housing tax credits the project receives in conjunction with the issuance of tax exempt bonds. Over time, MaineHousing must seek to allocate 30% of the credit allocated to new rental units to senior housing and 20% of the credit allocated to new rental units to "rural areas." In addition, at least 10% of the credit to be allocated in a calendar year, must be set aside for qualified rural development preservation projects that incur at least $100,000 in improvements.
EFFECTIVE DATE: October 13, 2020
MAINEHOUSING CONTACT PERSON / RULEMAKING LIAISON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 26 Edison Drive, Augusta, Maine, 04330-6046. Telephone: (207) 626-4600, or Maine Relay 711. Email: LUhl@MaineHousing.org .
MAINEHOUSING WEBSITE: https://mainehousing.org/ .