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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

August 30, 2000
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. 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 rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making 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 World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 147, High Pollution Vehicle Retirement Program
PROPOSED RULE NUMBER: 2000-P187
CONCISE SUMMARY: In an effort to encourage the purchase of cleaner cars and the removal of high-pollution vehicles from the vehicle fleet, the Maine Legislature established a pilot program for the retirement of high pollution automobiles and trucks. Beginning on November 1, 2000, this 3-year voluntary program will provide the owner of a high pollution vehicle with a cash incentive to retire (or "scrap") the vehicle and replace it with a cleaner vehicle. A "high pollution vehicle" is defined as a 1987 or older vehicle that has been registered for at least the last two years and is currently operational. A "cleaner vehicle" is defined as a 1996 or later model year vehicle that has a tailpipe emission certification of Low Emission Vehicle or better. Copies of this rule are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA 341-D, sub- 1-B; 10 MRSA 394
PUBLIC HEARING: September 21, 2000, 1:30 p.m., Holiday Inn, Augusta, Maine
DEADLINE FOR COMMENTS: October 2, 2000
AGENCY CONTACT PERSON: Ronald W. Severance
AGENCY NAME: Department of Environmental Protection, Bureau of Air Quality
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-2437


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 565, Nutrient Management Rules
PROPOSED RULE NUMBER: 2000-P188
CONCISE SUMMARY These proposed changes to the Nutrient Management Rules include updates to conform with the updated Nutrient Management Law from the past Legislative Session. Also included are proposed rules for variances on Winter Manure Spreading Ban and on Nutrient Management Law implementation dates. Proposed changes also include an appeal process for variances, process for revocation of Nutrient Management Planner Certification and revocation of full or provisional Livestock Operation Permits. Changes on Concentrated Animal Feeding Operations (CAFO) designation are also included.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Chapter 747, Nutrient Management Act
PUBLIC HEARING: September 19, 2000 at 9:00 a.m., Washington-York Room, Augusta Civic Center, Civic Center Drive, Augusta ME
DEADLINE FOR COMMENTS: October 3, 2000
AGENCY CONTACT PERSON: Paryse C. Turgeon
AGENCY NAME: Maine Department of Agriculture, Food and Rural Resources
ADDRESS: 28 SHS, Augusta, ME 04333
TELEPHONE: 207-287-5941


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 96, Private Duty Nursing & Personal Care Services
PROPOSED RULE NUMBER: 2000-P189
CONCISE SUMMARY: The proposed changes include, but are not limited to, the following: a wage increase for home care workers appropriated under PL99, Chapter 73 1, Part BBBB; personal care assistants (PCAs) are added as qualified staff; updated definitions; additional reasons for the denial or termination of services are added; language is added which clarifies the role of the Assessing Services Agency; covered instrumental activities of daily living (IADLs) are described; and an appendix on "Task Time Allowances" is proposed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: Tuesday, September 19, 2000 1:00 p.m., Bureau of Elder and Adult Services, Large conference room, 35 Anthony Ave., Augusta, ME 04333
DEADLINE FOR COMMENTS: Written comments will be accepted through September 29, 2000.
AGENCY CONTACTPERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 624-5519 or 1-800-321-5557 option 1
DEAF/ HARD OF HEARING: TTY# 287-1828 or TTY# 1-800-423-4331


ADOPTIONS

AGENCY: 99-420 - Maine Turnpike Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing the Use of the Maine Turnpike
ADOPTED RULE NUMBER: 2000-350
CONCISE SUMMARY: The Maine Turnpike Authority has amended its rules so that vehicles wider than the current width limit, presently 14 feet for mobile and modular homes and 13 feet for all other vehicles, can travel on the Turnpike rather than on local streets and roads. When such vehicles exceed 10 feet in width in the construction zone, at least two escorts, one in front and one in the rear, will be required. The effect of this rule change will be to promote greater safety on local streets and roads by permitting Turnpike travel for all overwide vehicles and to assure greater safety of such vehicles while travelling on the Turnpike. A few minor editing changes have also been made to the rules.
EFFECTIVE DATE: 41
AGENCY CONTACT PERSON: Margaret Trueworthy, Secretary - Treasurer
ADDRESS: Maine Turnpike Authority, 430 Riverside Street, Portland, ME 04103
TELEPHONE: (207) 871-7771


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 25.93(F)(3), Exit Ratios for Limited Entry Zones - Zone D, Exemption for Individuals Eligible Prior to January 1, 2000
ADOPTED RULE NUMBER: 2000-351
CONCISE SUMMARY: The Department of Marine Resources has adopted Chapter 25.93(F)(3) as contemplated by 12 MRSA 6448. This rule exempts individuals who became eligible for a Class I, II or III lobster and crab fishing license prior to January 1, 2000, from any limited-entry ratio established in Zone D. Individuals eligible for a Class I, II or III license prior to January 1, 2000, who do not currently hold a Class I, II or III license and have declared Zone D as their declared zone may obtain a lobster and crab fishing license from the Department of Marine Resources.

CHAPTER NUMBER AND TITLE: Ch. 25.93(F)(3), Exit Ratios for Limited Entry Zones - Zone E, Exemption for Individuals Eligible Prior to January 1, 2000
ADOPTED RULE NUMBER: 2000-352
CONCISE SUMMARY: The Department of Marine Resources has adopted Chapter 25.93(F)(3) as contemplated by 12 MRSA 6448. This rule exempts individuals who became eligible for a Class I, II or III lobster and crab fishing license prior to January 1, 2000, from any limited-entry ratio established in Zone E. Individuals eligible for a Class I, II or III license prior to January 1, 2000, who do not currently hold a Class I, II or III license and have declared Zone E as their declared zone may obtain a lobster and crab fishing license from the Department of Marine Resources.

CHAPTER NUMBER AND TITLE: Ch. 25.93(F)(3), Exit Ratios for Limited Entry Zones -Zone G, Exemption for Individuals Eligible Prior to January 1, 2000
ADOPTED RULE NUMBER: 2000-353
CONCISE SUMMARY: The Department of Marine Resources has adopted Chapter 25.93(F)(3) as contemplated by 12 MRSA 6448. This rule exempts individuals who became eligible for a Class I, II or III lobster and crab fishing license prior to January 1, 2000, from any limited-entry ratio established in Zone G. Individuals eligible for a Class I, II or III license prior to January 1, 2000, who do not currently hold a Class I, II or III license and have declared Zone G as their declared zone may obtain a lobster and crab fishing license from the Department of Marine Resources.

CHAPTER NUMBER AND TITLE: Ch. 26.02, Sea Urchin Minimum Size and Tolerance
ADOPTED RULE NUMBER: 2000-354
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171 and 6749-C the Commissioner has adopted the reduction in the tolerance to 5 percent from 10 percent allowance for the harvesting of sea urchins less than 2 inches in the longest diameter.

CHAPTER NUMBER AND TITLE: Ch. 26.03, Sea Urchin Maximum Size and Tolerance
ADOPTED RULE NUMBER: 2000-355
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, this adopted regulation establishes a maximum size limit on green sea urchins. The initial maximum size limit of 3 1/2 inches will decrease incrementally by 1/8th inch per year, for two years. The maximum size will decrease to 3 and 3/8 inches on July 1, 2001, and then reduce to 3 1/4 inches on July 1, 2002. The adopted regulation is based upon research and the joint recommendations from the Sea Urchin Zone Council and the Department. The proposed regulation serves as a conservation measure by protecting large urchins that are known to produce large numbers of gametes (eggs, sperm). The grazing potential of the large protected urchins will also serve to reduce algal habitat which shelters predators that feed on juvenile urchins.

CHAPTER NUMBER AND TITLE: Ch. 26.07, Sea Urchin Harvesting Season 2000-2001
ADOPTED RULE NUMBER: 2000-356
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, 6171 -A and 6749-W this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 and Zone 2 for 2000-2001.

EFFECTIVE DATE: August 21, 2000
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


AGENCY: 29-255 - Maine State Archives
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Disposition of Local Government Records
ADOPTED RULE NUMBER: 2000-357
CONCISE SUMMARY: This rule will require permanent retention of all local government records created prior to January 1, 1900. Also, it will clarify retention requirements for drafts and notes, allow earlier destruction of personnel records of deceased employees; allow retention of approved minutes of meetings in lieu of recordings or verbatim transcripts; set retention requirements for records of employee drug tests, for municipal petitions, and for Student Assistance Team records; require permanent retention of policy records and historical records of school departments; and provide a clearer definition of Tax Exemption Records and Taxpayer Lists.
EFFECTIVE DATE: October 1, 2000
AGENCY CONTACT PERSON: Nina M. Osier
AGENCY NAME: Maine State Archives
ADDRESS: 84 State House Station, Augusta, ME 04333-0084
TELEPHONE: 207-287-5799


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 285, Maine Telecommunications Education Access Fund
ADOPTED RULE NUMBER: 2000-358
CONCISE SUMMARY: This chapter implements the provisions of 35-A MRSA 7104-B and describes the process for telecommunications carriers to contribute to the Maine Telecommunications Education Access Fund, the services eligible for discounts from the Fund, and the application process for discounts.
EFFECTIVE DATE: August 26, 2000
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-1396


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual
ADOPTED RULE NUMBER: 2000-359
CONCISE SUMMARY: Food Stamp households will be able to own vehicles with low equity value. Attendant care payments may be considered earned income if the payment is made to a household member. Applicants and recipients will be allowed a full, standard utility allowance if they anticipate a HEAP payment during the certification period. Households which refuse to cooperate in resolving issues generated by reported changes may be ineligible for future benefits.
EFFECTIVE DATE: August 27, 2000
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093 TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Expanding Medicaid to Cover Both Legal Parents of Children Under Age 18; Increase the Income limit for Specified Relatives and Individuals Aged 19 and 20: Increase in the Income Limit for Coverage of Pregnant Women: Cub Care Coverage of Children Under Age 1, Increase in Cub Care Premiums
ADOPTED RULE NUMBER: 2000-360
CONCISE SUMMARY: This is an expansion of Medicaid to cover:
(1) both legal parents living with a child under age 18 if they meet income, asset and other requirements. Currently only single/disabled/unemployed parents are covered. The income limit for specified relatives and individuals aged 19 and 20 is 150% of the federal poverty level ($1,769/month for a family of 3). This is a change from 100% of the federal poverty level.
(2) the income limit for pregnant women will be 200% of the federal poverty level ($1,392/month). This is a change from 185%.
Cub Care changes are as follows:
(1) children under 1 year of age can now be covered under Cub Care with the income limit of 200% of the federal poverty level,
(2) the monthly Cub Care premium for families with income between 185.1% and 200% of the federal poverty level ($2,182 / $2,359 for a family of 3) will increase to $20 for 1 child (up from $15) and to $40 for 2 or more children (up from $30).
EFFECTIVE DATE: September 1, 2000.
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


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