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August 31, 2005
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/rules/.


PROPOSALS

AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 333, MaineCare Eligibility Manual - Low Cost Drugs for Elderly and Disabled (DEL)
PROPOSED RULE NUMBER: 2005-P190
CONCISE SUMMARY: This rule enrolls in Low Cost Drugs for Elderly and Disabled (DEL), those who are enrolled in MaineCare and Medicare. It allows DEL to supplement the Medicare Prescription Drug Benefit for this group. This rule is effective 1/1/2006.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 30, 2005
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, Maine General Assistance Manual - Change in the Way the Overall Maximums in General Assistance Are Determined
PROPOSED RULE NUMBER: 2005-P191
CONCISE SUMMARY: This rule: 1) changes the formula for determining the maximum levels of assistance for General Assistance (GA), 2) clarifies GA can pay co-pays required on prescriptions paid for by Medicare, 3) clarifies ASPIRE Support payments are considered excluded income in the month of intended use when calculating eligibility and benefit level for GA, 4) adds a definition of the Federal Poverty Level, 5) changes the name of Maine's Medicaid Program to MaineCare, and 6) changes the Department's name from Department of Human Services (DHS) to Department of Health and Human Services (DHHS).
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
Fiscal Impact is minimal. Overall Maximums currently increase yearly.
STATUTORY AUTHORITY: 22 MRSA 42
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 30, 2005
AGENCY CONTACT PERSON: Cynthia Boyd, General Assistance Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3097
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Certification Manual - Increase in Income Limits, Maximum Allotments, Standard Deduction, Excess Shelter Deduction, Telephone Allowance, Household Composition, Excluded Income, Interviews, Certification Periods, Federally Funded Immigrants
PROPOSED RULE NUMBER: 2005-P192
CONCISE SUMMARY: This policy reflects the annual increases in income limits, maximum allotments, the standard deduction for households of five or more, and the excess shelter deduction. It adds victims of severe forms of trafficking, as well as their families, to the list of potentially eligible immigrant groups for federal funding. It also clarifies policy on household composition, certification periods, mandatory verification items, excluded income, interviews, and Change Reporting households.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 30, 2005
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE:
Ch. 100, Definitions
Ch. 115, Major and Minor Source Air Emission License Regulations
Ch. 140, Part 70 Air Emission License Regulations
PROPOSED RULE NUMBER: 2005-P193 through P195
CONCISE SUMMARY: The Department is proposing amendments to Ch. 100, Definitions, Ch. 115, Major and Minor Source Air Emission License Regulations, and Ch. 140, Part 70 Air Emission License Regulations. Ten Ch. 100 definitions are modified including the VOC (volatile organic compound) definition which will exempt five compounds from all VOC control. The proposed changes to Ch. 115 and Ch. 140 clarify and simplify the Department rules for air emission licenses. This rulemaking moves the New Source Review (NSR) requirements from Ch. 140 to Ch. 115, making the air emission licensing process less cumbersome. Public notice requirements are reduced under this proposal. Copies of these rules are available upon request by contacting the Agency contact person listed below or on the DEP website at www.state.me.us/dep/air/regulations/proposed.htm.
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-A
PUBLIC HEARING: September 22, 2005, 2:30 p.m., Holiday Inn/Ground Round, Augusta, Maine
DEADLINE FOR COMMENTS: October 11, 2005, 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #10-05
PROPOSED RULE NUMBER: 2005-P196
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA 2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8054 and 7 MRSA 2954
PUBLIC HEARING: September 23, 2005, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 23, 2005
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. I Section 1, General Administrative Policies and Procedures
PROPOSED RULE NUMBER: 2005-P197
CONCISE SUMMARY: The Department has proposed numerous structural and administrative changes throughout Ch. I, and has reorganized several sections. Significant changes have been made to the time limits on prior authorizations and administrative hearings. The proposed changes reduce the time frame from twenty (20) to ten (10) days on the preliminary notice for a hearing date. Additional proposed changes include but are not limited to: Dirigo Choice benefit information for members who are also eligible for MaineCare, and Katie Beckett eligibility criteria. This rule also proposes a change to allow a provider to bill a member when the member misrepresents his/her MaineCare status in writing. Reference has been made regarding the inability of the MaineCare Program to reimburse members directly, and new text has been added that states members do not have the authority to prohibit a provider from billing MaineCare.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rule making documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173.
PUBLIC HEARING:
Date: September 22, 2005, 1:00 p.m.
Location: Conference Room # 1A/1B, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before September 16, 2005.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 2, 2005
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner
AGENCY NAME: Office of Maine Care Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 202, Revenue Obligation Securities Program, Amendment 15
ADOPTED RULE NUMBER: 2005-340
CONCISE SUMMARY: The rule amendment restructures the fees imposed under the program; clarifies that securities requiring credit enhancement require application and approval under Ch. 101 of the Rules of the Finance Authority of Maine, and makes minor changes to the application and approval requirements and processes.
EFFECTIVE DATE: August 27, 2005
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority Of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 201, Amendment 8, Municipal Securities Approval Program
ADOPTED RULE NUMBER: 2005-341
CONCISE SUMMARY: The rule amendment restructures the fees imposed under the program, and makes minor changes to project eligibility and application requirements.
EFFECTIVE DATE: August 27, 2005
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 305, Amendment 6, Oil Storage Facility and Tank Program
ADOPTED RULE NUMBER: 2005-342
CONCISE SUMMARY: Effective January 1, 2005, PL 2004, Ch 537 eliminated a special loan insurance program for oil storage facility and tank replacement projects, instead making such projects eligible under a combined multi-purpose loan insurance program. The amendment implements these changes.
EFFECTIVE DATE: August 27, 2005
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 316, Amendment 1, Clean Fuel Vehicle Program
ADOPTED RULE NUMBER: 2005-343
CONCISE SUMMARY: Effective January 1, 2005, PL 2004, Ch 537 eliminated a special loan insurance program for clean fuel vehicle projects, instead making such projects eligible under a combined multi-purpose loan insurance program. The amendment implements these changes.
EFFECTIVE DATE: August 27, 2005
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 02-031 Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 275, Medicare Supplement Insurance
ADOPTED RULE NUMBER: 2005-344
CONCISE SUMMARY: With passage of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), states need to amend their Medigap regulations in order to maintain certification of their regulatory programs. Below is a synopsis of the most relevant changes to the Rule:
Prescription drug benefits have been stripped from standard Medigap plans H, I, J and J with a high deductible (and prestandardized plans with prescription drug coverage) for current Medigap prescription drug plan insureds who choose to enroll in the new Medicare prescription drug program (Part D) after December 31, 2005
Issuers of Medigap plans H, I, J and J with a high deductible (or similar plans in the waivered states) are prohibited from offering prescription drug benefits to new enrollees after December 31, 2005.
Two new Medigap plans, "K" and "L," featuring reduced first-dollar coverage, have been added to the current 10 + 2 standardized plans
Other corresponding changes to the model regulation have been made as required for compliance with MMA.
Adoption of these amendments by September 8, 2005 will bring Maine's Medicare Supplement regulatory program into compliance with federal standards.
This rule is proposed in accordance with 24 MRSA 2328 and 24-A MRSA 212, 2413(1)(F), 4207(9), 5002, 5003, 5002-A, 5002-B, 5005, 5010-A, and 5011.
EFFECTIVE DATE: August 27, 2005
AGENCY CONTACT PERSON: Vanessa Leon
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
PHONE: (207) 624-8452


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 26.07(1), Sea Urchin Harvesting Season 2005-2006 - Zone 1
ADOPTED RULE NUMBER: 2005-345
CONCISE SUMMARY For purposes of conservation pursuant to 12 MRSA 6171, 6171-A and 6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2005-2006. Due to continuing stock declines, the Department adopts a 10 day season for divers, trappers, rakers and draggers in 2005-2006, which was the same length of season in 2004-2005. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers have a choice of fishing 10 days in September or 10 days in December, similar to the early or late season option in Zone 2.
CHAPTER NUMBER AND TITLE: Ch. 26.07(2), Sea Urchin Harvesting Season 2005-2006 - Zone 2
ADOPTED RULE NUMBER: 2005-346
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, 6171-A and 6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2005-2006. Due to continuing stock declines, the Department has adopted a 45 day season for divers, trappers, rakers and draggers in 2005-2006, which was the same length of season in 2004-2005. The Sea Urchin Zone Council recommended the selection of these particular days.
EFFECTIVE DATE: August 28,2005
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
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 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-05
ADOPTED RULE NUMBER: 2005-347
CONCISE SUMMARY: Minimum September 2005 Class I price is $16.95 plus $0.79/cwt. for Producer Margins, an over-order premium of $l.10/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $19.97 that includes a $0.20/cwt. Federal promotion fee. Class II minimums set at $13.94 for July 2005 that includes a $0.15/cwt. Producer Margin. These changes were passed on in minimum prices.
Minimum prices can be found at: http://www.maine.gov/agriculture/ahi/mmc/prihis.htm
EFFECTIVE DATE: September 4, 2005
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program Rule
ADOPTED RULE NUMBER: 2005-348
CONCISE SUMMARY: The Maine State Housing Authority ("MSHA") is responsible for administering federal funds on behalf of the State of Maine for weatherization, energy conservation and fuel assistance for low income households. MSHA has a Home Energy Assistance Program (the "HEAP") administered in accordance with the Home Energy Assistance Program Rule (the "Rule") which establishes eligibility criteria for weatherization, energy conservation and fuel assistance, the standards for selecting sub grantees to administer the funds, and the procedures for administering and distributing the funds to eligible households. The purpose of the proposed amendment to the Rule is to (i) clarify that railroad cars, buses and homeless shelters are excluded from the definition of "Dwelling Unit"; (ii) clarify that a person must qualify as a separate Household and have a rental agreement to be included in the definition of "Roomer"; (iii) clarify the documentation required in order to determine an Applicant's eligibility for HEAP; (iv) clarify that transportation to medical appointments constitutes a medical expense for purposes of determining an applicant's eligibility for HEAP; (v) increase the one-time benefit amount paid to residents of subsidized housing with heat included in the rent for the beginning of the new 2005/2006 Program Year and ending on September 30, 2011; (vi) update the HEAP Rule to clarify that MSHA may simultaneously contract with each Subgrantee to administer the Programs under the HEAP Rule, and provide benefits directly in connection therewith, and to provide that MSHA may make prepayments, installment payments and advances with or without interest related thereto; (vii) provide MSHA with greater flexibility in Subgrantee selection and to update the Subgrantee selection criteria to include the requirement that a Subgrantee have an acceptable schedule for the taking of applications, and the ability to perform outreach activities for, and serve, homebound recipients; (viii) clarify that the amount of the annual allocation of HEAP funds to each Subgrantee shall not include any amount of HEAP funds allocated to MSHA to pay HEAP benefits in the event MSHA elects to provide benefits directly; (ix) clarify in the HEAP Rule the rights, responsibilities and obligations of MSHA and each Subgrantee in connection with HEAP and the Energy Crisis Intervention Program ("ECIP") in the event that MSHA elects to pay HEAP and ECIP benefits directly; (x) update the list of Subgrantee responsibilities in order to clarify that work plans, budgets, monthly status reports and other such reports and information must be submitted to MSHA in connection with the administration of HEAP; (xi) provide for the timely and efficient processing of applications for HEAP and awards of benefits through, among other things, the completion and review of applications with Applicants by telephone; (xii) clarify when a Subgrantee should use the actual energy consumption method or the design heat load calculation method in computing HEAP benefits; (xiii) clarify the process for payment of benefits to Vendors; (xiv) update the Rule to provide that MSHA may use HEAP funds to make prepayments, installment payments and advances to Vendors in connection with the provision of Home Energy benefits, the administration of HEAP and to repay with interest any prepayments, installment payments and advances made by MSHA with MSHA funds for such purposes; (xv) modify the HEAP Rule to specify that (a) the price of any Home Energy deliveries paid with HEAP benefits shall not exceed the lesser of any maximum delivery price agreed upon between the Vendor and MSHA pursuant to any Vendor Agreement and the Cash Price, (b) that a HEAP Household participating in a Supplier Payment Plan must have a signed agreement from the Vendor stating the terms of the agreement, and also explaining that any price for Home Energy deliveries paid for with HEAP benefits shall not exceed the lesser of any maximum delivery price agreed upon between the Vendor and MSHA pursuant to any Vendor Agreement and the Cash Price, (c) that if a HEAP Household does not participate in a Supplier Payment Plan, then the Cash Price continues to apply, except that the price of Home Energy deliveries paid for with HEAP benefits shall not exceed the lesser of any maximum delivery price as agreed upon between the Vendor and MSHA pursuant to any Vendor Agreement and the Cash Price; (xvi) modify the HEAP Rule to provide directly for the return of any credit balance to MSHA, or the Subgrantee if MSHA requires the Subgrantee to pay the benefits, in the event a household moves out of the State of Maine or does not receive deliveries or other services after twelve (12) months; and (xvii) make minor technical and grammatical changes.
EFFECTIVE DATE: August 29, 2005
AGENCY CONTACT PERSON: EHS Division Director
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 18-554 - Department of Administrative & Financial Services, Bureau of General Services
CHAPTER NUMBER AND TITLE: Ch. 150, Chapter Defining the Means by Which Contractors and Subcontractors Are to Provide Certain Records to the Bureau of General Services in the Department of Administrative and Financial Services, and to Identify What Information in Those Records Is Available to the Public
ADOPTED RULE NUMBER: 2005-349
CONCISE SUMMARY: The rule-promulgated pursuant to 26 MRSA 1311 - defines the manner in which specified records are to be provided by contractors and subcontractors to the Bureau of General Services, as well as identifies what information in those records is available to the public.
EFFECTIVE DATE: August 30, 2005
AGENCY CONTACT PERSON: Joseph Ostwald
AGENCY NAME: Department of Administrative & Financial Services, Bureau of General Services
ADDRESS: 77 State House Station, Augusta, Maine 04333-077
TELEPHONE: (207) 624-7360