May 26, 2004 Rule-Making Notice - State of Maine

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May 26, 2004
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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual -
State Supplement to Residents of Residential Care Facilities
MaineCare Coverage to Residents of State Funded Assisted Living Facilities
PROPOSED RULE NUMBER: 2004-P119
CONCISE SUMMARY: This rule incorporates two new Living Arrangements for MaineCare: Residential Care Facilities (RCF) and 6 State Funded Assisted Living Facilities (ALF).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173, §3273
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: June 25, 2004
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)

AGENCY: 16-227 - Department of Public Safety, Maine Criminal Justice Academy
RULE TITLE OR SUBJECT:
Ch. 1, General Provisions
Ch. 3, Entrance Standards
Ch. 5, Training Standards
Ch. 7, Certificates and Awards
Ch. 9, Extensions and Waivers
Ch. 11, Costs.
PROPOSED RULE NUMBER: 2004-P120
CONCISE SUMMARY: The Maine Criminal Justice Academy's Board of Trustees governs the certification of law enforcement and correctional officers. The Board also sets admission standards to Board approved courses. After a comprehensive review of its rules, the Board is proposing changes to make those rules consistent with changes to Maine law. Entrance standards for the Basic Law Enforcement Training Program will be adjusted to reflect current practices.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 MRSA §2803-A
PUBLIC HEARING: June 18, 2004 at 10:00 a.m. to be held at the Maine Criminal Justice Academy, 15 Oak Grove Road, Vassalboro, Maine 04989
DEADLINE FOR COMMENTS: June 28, 2004 10:00 a.m.
AGENCY CONTACT PERSON: John Rogers, Academy Director
AGENCY NAME: Maine Criminal Justice Academy
ADDRESS: 15 Oak Grove Road, Vassalboro, ME 04989
TELEPHONE: (207)877-8000

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(ii), Exit Ratios for Limited Entry Zones - Zone E
PROPOSED RULE NUMBER: 2004-P121
CONCISE SUMMARY: The Department of Marine Resources proposes these regulations under Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone E Council in accordance with 12 MRSA §6448. These proposed changes would establish an exit ratio of 1:5 for Zone E and outline procedures for authorizing new zone entrants.
STATUTORY AUTHORITY: 12 MRSA §6448
AGENCY CONTACT PERSON FOR THIS FILING: Terry Stockwell
RULE TITLE OR SUBJECT: Ch. 26.15, Sea Urchin Harvester License Limited Entry System
PROPOSED RULE NUMBER: 2004-P122
CONCISE SUMMARY: The Department of Marine Resources proposes to repeal the Sea Urchin Harvester License Limited Entry System. It is the Department's position in conjunction with the unanimous recommendation by the Sea Urchin Zone Council that, due to the current low urchin stock status, no new licenses should be issued in order to protect the urchin fishery from imminent depletion.
STATUTORY AUTHORITY: 12 MRSA §6749-O(5)
AGENCY CONTACT PERSON FOR THIS FILING: Laurice U. Churchill
RULE TITLE OR SUBJECT: Ch. 34.10(1)(B)&(C), Maine Groundfish Management Plan
PROPOSED RULE NUMBER: 2004-P123
CONCISE SUMMARY: On April 27, 2004, the National Marine Fisheries Service (NMFS) published Amendment 13 to the Northeast Multispecies Management Plan. This regulation, intended to significantly reduce fishing mortality and bycatch and to continue the rebuilding of groundfish stocks, was developed by the New England Fishery Management Council and became effective May 1, 2004 (additional federal information is available at the federal web site: http://www.nero.noaa.gov/amend13/). These proposed regulatory amendments would complement the Amendment 13 management measures in Maine's waters. These proposed measures pertain to size and season limitations on cod and haddock in the recreational fishing sector, and commercial sector trawl and gillnet mesh sizes. The recreational summer flounder size and creel limit would be also be adjusted in accordance with prior federal rulemakings and the DMR proposes technical changes and clarifications in the Pollock, halibut and whiting rules for administrative and enforcement purposes.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON FOR THIS FILING: Laurice U. Churchill
RULE TITLE OR SUBJECT: Ch. 55.04(B)(1), Maine Gillnet Bait Fishing Regulations
PROPOSED RULE NUMBER: 2004-P124
CONCISE SUMMARY: The definition of bait gillnet contained separately in Ch. 34 would be added to this regulation for clarification.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON FOR THIS FILING: Laurice U. Churchill
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: Monday, June 14, 2004, 6:00 p.m., Lincoln County Communication's Center Meeting Room (lower entrance behind the courthouse), Route 1, Wiscasset. Public hearings for Ch. 25.93(F), 26.15, 34.10 and 55.04 will be held on June 14, 2004, beginning with the hearing on Ch. 25.93 at 6:00 p.m., and being followed by separate hearings on the remaining chapters, in the order listed, immediately upon the conclusion of the hearing for the previous chapter.
DEADLINE FOR COMMENTS: Thursday, June 24, 2004. Mail Written Comments to: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources, Attn. L. Churchill
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking/
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)
HEARING FACILITIES: If you require accommodations due to disability, please contact Deborah Everett, at (207) 624-6567.

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 148, Emissions from Smaller-Scale Generating Facilities
PROPOSED RULE NUMBER: 2004-P125
CONCISE SUMMARY: The Department is proposing a new regulation for inclusion in the State Implementation Plan that will establish emission limits on new stationary generators of 50kW capacity and larger installed on or after January 1, 2005. The proposed regulation establishes emission limits for two categories of generators. For emergency generators (or those operated for emergency purposes no more than 500 hours per year), the generators must meet the emission standards set by EPA for non-road engines. For non-emergency generators, the proposal establishes phased-in emission standards taking effect in 2005 and 2009. These standards establish NOx, PM and CO limits that are achievable by non-road diesel engines (meeting the temporally relevant EPA standard) with add-on emission controls such as selective catalytic reduction. The proposal also allows generators that use combined heat and power (CHP) to take "credit" for the heat recovered from the combustion unit in meeting these emission standards; thereby rewarding these units for the greater total efficiency of CHP units is thus rewarded.
In addition, the proposal requires all diesel-powered generators to fire low-sulfur diesel fuel meeting federal on-road sulfur limits.
Copies of these rules 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 §§ 585 and 585-A
PUBLIC HEARING: June 17, 2004
2:30 p.m., Holiday Inn, Augusta
DEADLINE FOR COMMENTS: June 29, 2004. Comments may be submitted by mail at the address below, by fax at (207) 287-7641 or by email to: jeff.s.crawford@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or email is on the sender.
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437

AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
RULE TITLE OR SUBJECT: Bureau of Elder and Adult Services Policy Manual, Section 71, Certificate of Need (CON) for Nursing Facility Level of Care Projects
PROPOSED RULE NUMBER: 2004-P127
CONCISE SUMMARY: The amendments proposed to this rule will bring it into compliance with the most recent legislative changes to Maine's Certificate of Need (CON) Act. They will:
* raise the dollar thresholds and include a biennial inflation factor of 2% based on the consumer price index for projects requiring CON approval;
* exempt assisted living programs, conversions of critical access acute care beds to hospital swing beds and home health care services from CON requirements;
* remove the $25,000 ceiling on application fees;
* establish that projects with gross square footage in excess of 500 per licensed nursing facility bed will require justification, and
* clarify the application process, public hearing and record keeping requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 103-A and PL 03 Ch. 514
PUBLIC HEARING: Monday, June 14, 2003, 10:00 a.m., Conference Room 1A, Department of Human Services Building, 442 Civic Center Drive (Route 27), Augusta
DEADLINE FOR COMMENTS: Written comments will be accepted by mail, fax or e-mail until 4: 00 p.m. on June 24, 2004.
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station (442 Civic Center Drive), Augusta, ME 04333-0011
TELEPHONE: (207) 287-9200 or 1 (800) 262-2232
TTY: (207) 287-9234 or 1 (888) 720-1925
E-MAIL: Betty.Forsythe@maine.gov

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 152, Control of Emission of Volatile Organic Compounds from Consumer Products
PROPOSED RULE NUMBER: 2004-P128
CONCISE SUMMARY: The Department is proposing to adopt a new rule intended to address volatile organic compound (VOC) emissions from consumer products. The proposed regulation will set VOC content limits for approximately 80 different types consumer products.
Copies of these rules 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 §§ 585 and 585-A
PUBLIC HEARING: June 17, 2004
1:30 p.m., Holiday Inn, Augusta Maine
DEADLINE FOR COMMENTS: July 1, 2004
AGENCY CONTACT PERSON: Andrea Lani
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437

AGENCY: 01-017 - Maine State Harness Racing Commission
RULE TITLE OR SUBJECT: Ch. 1, Administration: Section 20, Postmortem Examination
PROPOSED RULE NUMBER: 2004-P129
CONCISE SUMMARY: The proposed rule requires that any horse that expires or suffers a breakdown at a racetrack must undergo a postmortem examination and who is to bear the cost of such examination.
STATUTORY AUTHORITY: 8 MRSA Sections 263-A, 268, 275-C, 279-A and B
RULE TITLE OR SUBJECT: Ch. 9, Sire Stakes: Section 2, Eligibility Criteria
PROPOSED RULE NUMBER: 2004-P130
CONCISE SUMMARY: The proposed rule requires that any mare that is inseminated by transported semen must be so identified on the Mares Bred Report.
STATUTORY AUTHORITY: 8 MRSA Sections 263-A, 268, 275-C, 279-A & B and 281
RULE TITLE OR SUBJECT: Ch. 11, Medication and Testing: Section 5, Prohibited Practices
PROPOSED RULE NUMBER: 2004-P131
CONCISE SUMMARY: The proposed rule creates a new section that prohibits certain practice at racetracks.
STATUTORY AUTHORITY: 8 MRSA Sections 263-A, 268, 275-C, 279-A and B
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 25, 2004
AGENCY CONTACT PERSON: Henry W. Jackson, Executive Director
AGENCY NAME: Maine State Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221

ADOPTIONS

AGENCY: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 12, Policy and Procedures Manual - Juvenile: Subsection 20.1, Furlough Pass Furlough Leave Program - EMERGENCY
ADOPTED RULE NUMBER: 2004-156
CONCISE SUMMARY: The Maine Department of Corrections is adopting, on an emergency basis, a new policy, procedures, and rules governing the Furlough Pass / Furlough Leave Program Policy for Juvenile offenders. The Department's previous Leave Program was suspended pending an investigation of unauthorized practices. The investigation has now been completed and a new policy needs to be implemented immediately in order for the program to be reactivated and allow juveniles to participate in this program, which is necessary for their reintegration into the community upon release.
This rule, Ch. 12 - Policy and Procedures Manual - Juvenile, Subsection 20.1, Furlough Pass Furlough Leave Program - Emergency, is a new rule for the Maine Department of Corrections and does not repeal or replace any currently existing rule.
Providers and the public will have the opportunity to comment on this rule through the concurrent normal proposed rule process.
EFFECTIVE DATE: May 17, 2004
AGENCY NAME: Maine Department of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 97, and Appendices A, B, C, D, E, and F, Private Non-Medical Institutions
ADOPTED RULE NUMBER: 2004-157
CONCISE SUMMARY: This rule is a major and substantive rule that permanently adopts an emergency rule that deletes Appendix A, an outdated cost report. The Department changed the wording "stipend" to "contract fee" in the final rule to more accurately reflect reimbursement for certain foreign exchange fellows. The Department adopted other minor and technical corrections and edits throughout the rules, including procedure code updates in Ch. III.
The Department will no longer reduce reimbursement of bed-hold days within Section 97, and deleted language from these rules to that effect. To achieve the necessary savings that had resulted in reduction of bed-hold day reimbursement, and at the directive of the Maine State Legislature, the Department will immediately initiate rulemaking for Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs. That separate rulemaking will reduce reimbursement for the facility-specific routine component of the room and board portion of payment by 25 cents per resident per day, and will take effect concurrently with these Section 97 rules.
EFFECTIVE DATE: July 1, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/.Hard of Hearing)

AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing Hazardous Occupations for Minors Under the Age of Eighteen in Non-Agricultural Employment
ADOPTED RULE NUMBER: 2004-158
CONCISE SUMMARY: This amendment adds the provisions prohibiting working at height and in confined spaces in accordance with 2003 PL c.59. Given that the months of school summer vacation are the time when minors are most likely to be employed in the industries where these activities occur, these rules are to be adopted as emergency rules.
EFFECTIVE DATE: May 17, 2004
AGENCY CONTACT PERSON: William A. Peabody, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406

AGENCY: 19-499 - Department of Economic and Community Development, Office of Business Development
CHAPTER NUMBER AND TITLE: Ch. 302, Maine Microenterprise Initiative
ADOPTED RULE NUMBER: 2004-159
CONCISE SUMMARY: This amendment to Ch. 302 outlines the program review requirements, including department and grant recipient responsibilities, as well as performance and outcome measures, governing the Maine Microenterprise Initiative.
EFFECTIVE DATE: June 17, 2004
AGENCY CONTACT PERSON: Brian K. Dancause
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7498

AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 31, Affordable Housing Development District - Recovery of Public Revenue Rule
ADOPTED RULE NUMBER: 2004-160
CONCISE SUMMARY: New legislation establishes a municipal affordable housing development district tax increment financing program and requires the Maine State Housing Authority ("MSHA") to adopt a rule for the recovery of public revenue if conditions of approval of an affordable housing development district are not maintained for the duration of the district. Subject to satisfaction of certain conditions and the approval of MSHA, municipalities may create affordable housing development districts. A municipality that creates an affordable housing development district benefits from the use of the incremental property tax revenues generated by the increased assessed value of property in the district without any decrease in the municipality's state revenue sharing and education subsidies or increase in its county taxes when that tax increment is used to fund authorized costs relating to the district. This sheltering, or "capturing," of increased assessed value results in a reallotment of state revenue sharing and education subsidies and county tax obligations among other municipalities in the State. Without an affordable housing development district, this tax shift would not occur; in that case, the municipality's revenue sharing and education subsidies would decrease and its county tax obligations would increase as a result of increased assessed values. In the event that an affordable housing development district falls to continue satisfying conditions of its creation, this rule provides for the recovery from the municipality of public revenue resulting from beneficial tax shifts from the creation of the district.
The rule provides that if an affordable housing development district is out of compliance with conditions of its approval, the municipality will not claim the corresponding amount of local valuation as captured assessed value on the municipal valuation return filed with Maine Revenue Services. For any period of noncompliance for which a municipality claims captured assessed value on its valuation return, the municipality may be required to pay to MSHA the value of the tax shifts benefiting the municipality during the period of noncompliance. MSHA will remit any recovery to the State Treasurer.
EFFECTIVE DATE: June 19, 2004
AGENCY CONTACT PERSON: Linda Sears Uhl, Chief Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603

AGENCY: 02-322 - State Board of Registration for Professional Engineers
CHAPTER NUMBER AND TITLE:
Ch. 1, Organization and Administration
Ch. 2, Registration of Professional Engineers
Ch. 3, Rules of Practice
ADOPTED RULE NUMBER: 2004-161 through 2004-163
CONCISE SUMMARY: This proposed rule amends Section 12 of Ch. 2, Expiration and Renewals, by adding Professional Developments Hours (PDH) mandated by recently enacted statutes. In addition in order to maintain adequate funding for the Board, the proposed rule change also increases funds for registrations applications and renewals due to an expected reduction in the number of registered engineers. The rule change also makes numerous grammatical changes to wording throughout Ch. 1, 2, 3.
EFFECTIVE DATE: May 25, 2004
AGENCY CONTACT PERSON: Warren T. Foster, Secretary
AGENCY NAME: Board of Registration for Professional Engineers
ADDRESS: 92 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-3236

AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 286, Maine WIC Program Rules
ADOPTED RULE NUMBER: 2004-164
CONCISE SUMMARY: Revision to the Maine WIC Program Rules to reflect modifications in the administration of the Program. The rules describe the procedures and standards for WIC participants, local grantee agencies and WIC authorized vendors.
EFFECTIVE DATE: May 26, 2004
AGENCY CONTACT PERSON: Mary Owen
AGENCY NAME: Department of Human Services
ADDRESS: Maine WIC Program
State House Station 11, Augusta, Maine 04333
TELEPHONE: (207) 287-3991