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May 20, 2015

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 207/287­1615) 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). World­Wide

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: 01­001 ­ Maine Department of Agriculture, Conservation and

Forestry

RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration

PROPOSED RULE NUMBER: 2015­P069

CONCISE SUMMARY: The principal reason for this rule­making is to amend the cost of

administering the Maine Milk Pool. Costs incurred for the Maine Milk Pool for personnel

services and for operation was approximately $60,000 in 2015. Based on the last twelve

months expenses, it is estimated that the Pool costs for similar expenses for 2015 will be

about $60,000.

The total pounds in the Pool for the last twelve months (December 2013 ­ November

2014) were approximately 598,509,014. It is estimated that the total pounds in the Pool
for 2014 will be approximately 600,000,000.

Based on the above projected costs and pounds the Pool Administrator proposes to set

the rate per hundredweight of milk for the cost of administering the Pool for calendar

year 2015 at $0.01/cwt. This is the same rate as 2014.

PUBLIC HEARING: June 11, 2015, Thursday, starting at 9:00 a.m., Room 233,

Department of Agriculture Conservation and Forestry, Deering Building, Hospital Street,

Augusta, Maine

DEADLINE FOR COMMENTS: June 22, 2015

AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MILK RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station,

Augusta Maine 04333. Telephone: (207) 287­7521. E­mail: Tim.Drake@Maine.gov .

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.

STATUTORY AUTHORITY: 7 MRSA §3154(2)

WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

AGRICULTURE RULE­MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 09­137 – Department of Inland Fisheries and Wildlife (IFW)

CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting

PROPOSED RULE NUMBER: 2015­P070

BRIEF SUMMARY: In accordance with Title 12 MRSA §11152 sub­§ 3, the Commissioner

of Inland Fisheries and Wildlife proposes to adopt antlerless deer permit numbers for the

2015 regular deer hunting season and special muzzle­loading season by setting specific

permit allocations for the 29 Wildlife Management Districts (WMD) as follows:

WMD 1 – 0 permits

WMD 2 – 0 permits

WMD 3 – 50 permits

WMD 4 – 0 permits

WMD 5 – 0 permits

WMD 6 – 100 permits

WMD 7 – 0 permits

WMD 8 – 0 permits

WMD 9 – 0 permits

WMD 10 – 0 permits

WMD 11 – 0 permits

WMD 12 – 0 permits

WMD 13 – 0 permits

WMD 14 – 70 permits

WMD 15 – 1,980 permits

WMD 16 – 1,600 permits

WMD 17 – 2,275 permits

WMD 18 – 140 permits
WMD 19 – 0 permits

WMD 20 – 5,300 permits

WMD 21 – 6,350 permits

WMD 22 – 1,925 permits

WMD 23 – 2,210 permits

WMD 24 – 4,250 permits

WMD 25 – 1,770 permits

WMD 26 – 150 permits

WMD 27 – 0 permits

WMD 28 – 0 permits

WMD 29 – 600 permits

TOTAL – 28,770

PUBLIC HEARING: None scheduled – one may be requested.

COMMENT DEADLINE: June 19, 2015

CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW

RULE­MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41

State House Station, Augusta, ME 04333. E­mail: Becky.Orff@Maine.gov .

IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.

STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11152

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):

IFW WEBSITE: http://www.maine.gov/ifw/ .

AGENCY: 06­096 ­ Department of Environmental Protection (DEP)

CHAPTER NUMBER AND TITLE: Ch. 141, Conformity of General Federal Action

PROPOSED RULE NUMBER: 2015­P071 (Repeal)

BRIEF SUMMARY: A General Conformity SIP is no longer federally required and

Ch. 141 incorporates sections of the Federal Register which have subsequently been

repealed as duplicative of 40 CFR 91; the Department proposes that Ch. 141 be repealed

and all future General Conformity determination made in accordance with 40 CFR 91.

These amendments will be submitted to EPA as a revision to Maine’s State

Implementation Plan.

DETAILED SUMMARY: Ch. 141 currently incorporates section of 40 CFR 51 as

published November 30, 1993, which satisfied the 1993 federal requirement that states

incorporate Federal Conformity into their SIP. Subsequently, in 2005, the United States

Congress passed the Safe, Accountable, Flexible, Efficient Transport Equity Act: A

Legacy for Users, eliminating the mandate for states to adopt and submit General

Conformity SIPs. As a result EPA amended its regulations to make the adoption and

submittal of General Conformity SIPs optional. These amendments also repealed the

majority of the relevant sections 40 CFR 51 as they were duplicative of 40 CFR 93. As a

General Conformity SIP is no longer mandatory and Ch. 141 incorporates sections of the

Federal Register which have subsequently been repealed, the Department proposes that
Ch. 141 be repealed and the SIP amended to reflect this change; all future General

Conformity determination would be made accordance with 40 CFR 91.

PUBLIC HEARING: No public hearing scheduled – 30 day written comment period. A

public hearing will be held if requested before the end of the comment period.

COMMENT DEADLINE: The deadline for receipt of written comments on the proposed

rule is 5 p.m., June 19, 2015. Please include your name and the organization you

represent, if any.

CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Tom

Graham, DEP, 17 State House Station, Augusta ME 04333­0017. Telephone: (207) 287­

7598. E­mail: Tom.Graham@Maine.gov . Website: www.maine.gov/dep/rules .

IMPACT ON MUNICIPALITIES OR COUNTIES: None.

STATUTORY AUTHORITY FOR THE RULE: 38 MRSA §§ 585, 585­A

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Federal Clean Air

Act as amended by The Safe, Accountable, Flexible, Efficient Transport Equity Act:

A Legacy for Users.

WEBSITE: http://www.maine.gov/dep/ .

DEP RULE­MAKING LIAISON: Mike.Karagiannes@Maine.gov .

ADOPTIONS

AGENCY: 09­137 – Department of Inland Fisheries and Wildlife (IFW)

CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting

ADOPTED RULE NUMBER: 2015­088

CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended a

rule to establish the number of moose hunting permits to be issued for the 2015 season.

Permits will be issued for bulls, antlerless and any­moose. Permits are allocated according

to Wildlife Management District as follows:

WMD 1 – 275 bulls / 100 antlerless

WMD 2 – 200 bulls /100 antlerless

WMD 3 – 180 bulls / 100 antlerless

WMD 4 – 400 bulls / 200 antlerless

WMD 5 – 125 bulls

WMD 6 – 125 bulls

WMD 7 – 125 bulls

WMD 8 – 175 bulls

WMD 9 – 75 bulls

WMD 10 – 60 bulls

WMD 11 – 50 bulls

WMD 12 – 35 bulls

WMD 13 – 35 bulls

WMD 14 – 35 bulls

WMD 15 – 25 any­moose
WMD 16 – 20 any­moose

WMD 17 – 20 bulls

WMD 18 – 40 bulls

WMD 19 – 100 bulls/50 antlerless

WMD 22 – 0 permits

WMD 23 – 25 any­moose

WMD 25 – 25 any­moose

WMD 26 – 10 any­moose

WMD 27 – 10 bulls

WMD 28 – 20 bulls

TOTAL: 2085 bulls /550 antlerless / 105 any­moose

EFFECTIVE DATE: May 13, 2015

CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW

RULE­MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41

State House Station, Augusta, ME 04333. E­mail: Becky.Orff@Maine.gov .

IFW WEBSITE: http://www.maine.gov/ifw/ .

AGENCY: 99­346 ­ Maine State Housing Authority (MSHA)

CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program

ADOPTED RULE NUMBER: 2015­089

CONCISE SUMMARY: The Home Energy Assistance Program rule sets forth: (i) the basic

eligibility criteria for weatherization, energy conservation and fuel assistance; (ii) the

standards for selecting subgrantees to administer programs; (iii) the procedures for

administering and distributing the funds on behalf of eligible households; and (iv) the

requirements for vendor participation.

EFFECTIVE DATE: May 16, 2015

AGENCY CONTACT PERSON / MSHA RULE­MAKING LIAISON: Linda Uhl, Chief

Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine, 04330­4633.

Telephone: (207) 626­4600. TTY: (800) 452­4603. E­mail: luhl@mainehousing.org .

MSHA WEBSITE: http://www.mainehousing.org/ .

AGENCY: 01­017 – Department of Agriculture, Conservation and Forestry, Maine

State Harness Racing Commission

CHAPTER NUMBER AND TITLE: Ch. 17, Rule Violations; Penalties

ADOPTED RULE NUMBER: 2015­090

CONCISE SUMMARY: The adopted changes to Ch. 17 will change the penalties imposed

for violating the Commission Rules. Further, the adopted change will replace level of

penalties to categories. These adopted changes will mirror what the Association of Racing
Commission International (ARC I) recommends to all jurisdictions. There also are minor

corrections to spelling and grammar throughout the Chapter.

References: The Commission reviewed the current Model Rules recommended by the

Association of Racing Commissioners International; the Drug Classifications and

suggested penalties of the Racing Medication and Testing Consortium; and, other regional

racing jurisdictions while developing the proposed changes to the existing rules.

EFFECTIVE DATE: May 18, 2015

AGENCY CONTACT PERSON / RULE­MAKING LIAISON: Henry W. Jackson, Maine

State Harness Racing Commission, 28 State House Station, Augusta, ME 04333­0028.

Telephone: (207) 287­3221. E­mail: Henry.Jackson@Maine.gov .

WEBSITE: http://www.maine.gov/dacf/harnessracing/index.shtml .

AGENCY: 02­031 – Department of Professional and Financial Regulation (DAFS),

Bureau of Insurance

CHAPTER NUMBER AND TITLE: Ch. 917, Annuity Suitability

ADOPTED RULE NUMBER: 2015­091

CONCISE SUMMARY: The amendments revise suitability standards and producer

training requirements with respect to annuity recommendations made by insurance

producers of companies. The amendments reflect 2010 changes to the National

Association of Insurance Commissioners' (NAIC) Suitability in Annuity Transactions

Model Regulation.

EFFECTIVE DATE: May 18. 2015 (Deferred effective date: November 1, 2015.)

AGENCY CONTACT PERSON / AGENCY RULE­MAKING LIAISON: Thomas Record,

Esq., Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333­0034.

Telephone: (207) 624­8424. E­mail: Thomas.M.Record@Maine.gov .

WEBSITE: http://www.maine.gov/pfr/insurance/ .

AGENCY: 05­071 – Department of Education (DOE)

CHAPTER NUMBER AND TITLE: Ch. 125, Basic Approval Standards: Public Schools

and School Administrative Units

ADOPTED RULE NUMBER: 2015­092

CONCISE SUMMARY: Expedited amendment to Ch. 125 to address statutory revision

regarding acceptable methods of rescheduling school days canceled due to weather or

emergency closures.

EFFECTIVE DATE: May 14, 2015

AGENCY CONTACT PERSON: Joanne C. Holmes, DOE, 23 State House Station, Augusta,

Me 04333. Telephone: (207) 624­6669. E­mail: Jaci.Holmes@Main.gov .

DOE WEBSITE: http://www.maine.gov/doe/ .
DOE RULE­MAKING LIAISON: Deborah.Friedman@Maine.gov .

AGENCY: 06­096 ­ Department of Environmental Protection (DEP)

CHAPTER NUMBER AND TITLE: Ch. 127, New Motor Vehicle Emission Standards

ADOPTED RULE NUMBER: 2015­093

CONCISE SUMMARY: The purpose for this rule amendment is to delay implementation

of California's aftermarket catalytic converter requirements for three years to June 1,

2018. In addition, clarification for exempt vehicles is adopted in Section 4(F)(5).

EFFECTIVE DATE: May 19, 2015

AGENCY CONTACT PERSON: Tom Graham, DEP, 17 State House Station, Augusta, ME

04333. Telephone: (207) 287­7598. E­mail: Tom.Graham@Maine.gov .

WEBSITE: http://www.maine.gov/dep/ .

DEP RULE­MAKING LIAISON: Mike.Karagiannes@Maine.gov .

AGENCY: 10­144 ­ Department of Health and Human Services (DHHS), Office of

MaineCare Services (OMS)­ Division of Policy

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III

Section 21, Allowances for Home and Community Benefits for Members with

Intellectual Disabilities or Autistic Disorder

ADOPTED RULE NUMBER: 2015­094 (Final adoption, major substantive)

CONCISE SUMMARY: This is a final adoption of a major substantive rule. The following

outlines the procedural history of this rule adoption as well as the specific changes to the

rule.

By way of background, Section 21 services are governed by the Centers for Medicare and

Medicaid Services (CMS). On April 18, 2014, CMS approved changes to the Section 21

waiver, effective July 1, 2014, adding new services and clarifying other services, as

requested by the Department. In order to add these new services, the Department

promulgated a routine technical rule­making for Ch. II Section 21. The Commissioner

adopted the Ch. II Section 21 rule­making on or about August 22, 2014, with an effective

date of the changes to services of September 1, 2014.

However, Ch. III Section 21, which governs the reimbursement of services under Ch. II,

is a major substantive rule. As such, Ch. III Section 21 needs approval by the Legislature

before becoming effective. Pursuant to 5 MRSA §8072, the Department engaged in the

rule­making process set forth under 5 MRSA §8052 up until the point of adoption. This

included conducting a public hearing on April 14, 2014, and accepting public comments

until April 24, 2014. Thereafter, the Commissioner provisionally adopted the Ch. III

Section 21 rule on August 22, 2014. The Department submitted the provisionally adopted

rule to the Legislature for its review on or about August 29, 2014.
Meanwhile, because federal law requires that provider claims for Medicaid services be

submitted within one year of providing the Medicaid service (42 CFR 447.45), and

because Medicaid reimbursement must be made timely, the Department determined to

concurrently adopt an emergency major substantive rule for Ch. III Section 21. The

emergency major substantive rule became effective on September 1, 2014.

Thus, the Department has been able to reimburse for new services under Ch. II Section

21 pending the Legislature’s review of the provisionally adopted major substantive rule.

On March 17, 2015, the Legislature authorized the final adoption of the major substantive

rule in Resolve, Regarding Legislative Review of Portions of Chapter 101, MaineCare

Benefits Manual, Chapter III, Section 21: Allowances for Home and Community

Benefits for Adults with Intellectual Disabilities or Autistic Disorder, a Major

Substantive Rule of the Department of Health and Human Services (Resolves 2015, Ch.

1).

Given the Legislature’s authorization for final adoption, as well as the limit on the

application of an emergency rule, the Department now finally adopts the Ch. III Section

21 major substantive rule the Commissioner had provisionally adopted on August 22,

2014.

This final adopted rule mirrors those changes currently in place since September 1, 2014,

under the emergency major substantive rule. These changes correspond to the CMSapproved Section 21 waiver and include:

MaineCare reimbursement for the following services:

Home Support – Remote Support services which includes: (a) Home support­ Remote

Support – Monitor Only; and (b) Home support – Remote Support – Interactive Support,

Assistive Technology services, which includes: (a) Assistive Technology – Assessment

services; (b) Assistive Technology – Transmission (Utility Services); and (c) Assistive

Technology – Devices services. Adding these services complies with P.L. 2013, Ch. 368,

PART SS, which authorized MaineCare “reimbursement for the use of appropriate

electronic technology as a means of reducing the costs of supporting people currently

being served...”

To comply with the waiver amendment, the Department added a new modifier (“U5”) to

the code for Home Support – Family Centered Support – which indicates that the

services are Family Centered Support services.

The Department also added: Career Planning services.

This adopted major substantive rule also separates Home Support Services into four

different services: 1) Home Support­Agency Home Support (Per Diem), 2) Home SupportQuarter Hour (1/4 hour), 3) Home Support­Family Centered Support and 4) Home

Support­Shared Living.

The Department deleted some of the language in the second paragraph of Principle 1900

(Billing Procedure), that relates to rates for Work Support Services – Group, and replaced

the language with the actual rates per unit, depending on the number of members in a

group.

This adopted major substantive rule also added: Occupational Therapy (Maintenance) –

which can be provided by a Certified Occupational Therapy Assistant (COTA) under the
supervision of an Occupational Therapist Registered (OTR).

This final adoption of a major substantive rule shall take effect upon the Commissioner’s

final adoption and filing with the Secretary of State, at which time the emergency major

substantive rule in effect since September 1, 2014 will expire.

This change is not expected to have an adverse effect on the administrative burdens of

small businesses.

http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule­making

documents.

EFFECTIVE DATE: June 14, 2015

AGENCY CONTACT PERSON: Andrew Hardy, Comprehensive Health Planner, Division

of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333­0011.

Telephone: (207) 624­4058. Fax: (207) 287­1864. TTY users call Maine relay 711. E­mail:

Andrew.Hardy@Maine.gov .

WEBSITE: http://www.maine.gov/dhhs/oms/ .

DHHS RULE­MAKING LIAISON: Kevin.Wells@Maine.gov .

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