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October 5, 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: 94-412 - Saco River Corridor Commission
RULE TITLE OR SUBJECT: Ch. 101, Regulations for the Processing of Applications for Permits, Variances, or Certificates of Compliance
PROPOSED RULE NUMBER: 2005-P225
CONCISE SUMMARY: This regulation outlines the complete process for the submission of an application to the Commission including the timeline for rendering a decision by the Commission.
RULE TITLE OR SUBJECT: Ch. 102, Standard Conditions of Approval
PROPOSED RULE NUMBER: 2005-P226
CONCISE SUMMARY: All projects approved within the corridor must conform to a general set of standards related to vegetation removal, erosion control, beaches, driveways, and compliance with all associated federal, state, and local laws.
RULE TITLE OR SUBJECT: Ch. 103, Standards to Address the Environmental Factors Enumerated in 38 MRSA Section 957-D.1.A.-K.; 959-A.1.A.-K.; and 963.1.C.(1)-(1l)
PROPOSED RULE NUMBER: 2005-P227
CONCISE SUMMARY: All projects approved must show no unreasonable a) degradation of water and water quality, b) harmful alteration of wetlands, c) increase in erosion or sedimentation, d) danger of increased flood damage, e) obstruction of flood flow, f) damage to fish and wildlife habitat, g) despoliation of the scenic, rural and open space character of the corridor, h) overcrowding, i) excessive noise, j) obstruction to navigation, and k) interference with the educational, scenic, scientific, historic or archeological values of those areas designated and approved for inclusions within the Resource Protection District.
RULE TITLE OR SUBJECT: Ch. 104, Performance Standards for Multi-Unit Residential Dwellings, Including Condominium and Cluster Development
PROPOSED RULE NUMBER: 2005-P228
CONCISE SUMMARY: The number of units within a proposed multi-unit use will be limited to the maximum number of individual residential lots the parcel could be subdivided into.
RULE TITLE OR SUBJECT: Ch. 105, Performance Standards for Campgrounds
PROPOSED RULE NUMBER: 2005-P229
CONCISE SUMMARY: A permitted, established campground can only allow tent camping within 250 feet from the water, while recreational vehicles may be allowed at no less than 250 feet from the water.
RULE TITLE OR SUBJECT: Ch. 106, Performance Standards Governing Sand, Gravel, or Topsoil Excavation and Other Mineral Exploration and Extraction Activities within the Saco River Corridor
PROPOSED RULE NUMBER: 2005-P230
CONCISE SUMMARY: Mineral exploration and/or mineral extraction activities within the corridor are limited to 100 cubic yards in area.
RULE TITLE OR SUBJECT: Ch. 107, Performance Standards Governing Expansions of Existing Nonconforming Uses, Including Structures
PROPOSED RULE NUMBER: 2005-P231
CONCISE SUMMARY: The expansion of any existing nonconforming structure within the shore land zone is limited to 30 percent calculated by both square footage and cubic footage and the structure can go no closer to the water than the existing closest point.
RULE TITLE OR SUBJECT: Ch. 108, Performance Standards for Parking Areas within the Saco River Corridor
PROPOSED RULE NUMBER: 2005-P232
CONCISE SUMMARY: Only parking areas that serve permitted uses are allowed within the corridor.
RULE TITLE OR SUBJECT: Ch. 109, Performance Standards for the Construction and Establishment of Roads in Limited Residential and Resource Protection Districts of the Corridor
PROPOSED RULE NUMBER: 2005-P233
CONCISE SUMMARY: A road is any route or track consisting of a bed of exposed mineral soil, gravel, asphalt, or other surfacing material constructed for or created by the repeated passage of vehicular traffic. This term excludes temporary logging roads that are revegetated within 12 months and private driveways less than 100 feet in length and not within 75 feet of the water.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 954-C
PUBLIC HEARING: October 26, 2005, 7:30 p.m. - Porter Town Hall, 71 Main Street, Porter, Maine
DEADLINE FOR COMMENTS: November 7, 2005
AGENCY CONTACT PERSON: Dennis J. Finn, Executive Director
AGENCY NAME: Saco River Corridor Commission
ADDRESS: P.O. Box 283, 20 Main Street, Cornish, Maine 04020
TELEPHONE: (207) 625-8123


AGENCY: 01-015 Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #11-05
PROPOSED RULE NUMBER: 2005-P234
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: October 21, 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: October 21, 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 Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rev. 217P: Sections 1500, 1511(II). 1530, 3200.07, 3560(II), 5090, and Chart C3b
PROPOSED RULE NUMBER: 2005-P235
CONCISE SUMMARY: This rule change proposes:
1. A monthly premium requirement for children who are covered under the MaineCare Katie Beckett coverage group.
2. It eliminates 12 months continuous coverage for this group as well as the Non-Categorical coverage group. This means that MaineCare coverage ends when the individual no longer meets eligibility requirements instead of continuing for 12 months regardless of changes that take place.
3. It eliminates MaineCare coverage up to 3 months prior to the month of application for the Katie Beckett and Non-Categorical coverage groups.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: There will be a public hearing on Wednesday, October 26, 2005 from 9:00 a.m. to 12:00 noon at Jewett Hall Auditorium, University of Maine at Augusta, 46 University Drive, Augusta, Maine 04330.
DEADLINE FOR COMMENTS: November 5, 2005
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Office of Integrated Access and Support, 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, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE Program Rules Manual
PROPOSED RULE NUMBER: 2005-P236
CONCISE SUMMARY: This rule change is sought to address escalating prices for gasoline, the requirement that the ASPIRE Program must reimburse participants for the cost of traveling while involved in mandatory program activities (Title 22, Ch. 1054-A, 3788, 4-A & 5), and the fact that reimbursement for mileage for ASPIRE participants has been at .24 per mile for over 10 years (reimbursement for State employees is currently at .34, set to increase to .36 in January 2006).
In order to examine the impact on DHHS' clients, it is necessary to have an. idea of the type of vehicles they drive, and the average gas mileage for these vehicles. The Department used the data collected from the ASPIRE Good Wheels program to obtain information on the average miles per gallon for vehicles our participants drive (this program has been assisting employed TANF clients to purchase reliable vehicles over the past six years). A typical car purchased under this program would be a Ford Taurus or Chevrolet Lumina, each of which gets approximately 20 miles per gallon. Given this premise, while currently paying .24 per mile reimbursement, and gas at an average cost of $3.00 per gallon, the present reimbursement rate would be .24 X 20 = $4.80. That means that the $1.80 difference between the cost per gallon and reimbursement would need to be used for other costs of keeping a vehicle on the road (registration, excise tax, maintenance costs such as oil changes, etc.). If the ASPIRE program raises the rate to .30 per mile, then the money available to be used for the costs of driving increases from $1.80 to $3.00 (.30 X 20 = $6.00 - $3.00/gallon = $3.00). This would afford program clients the money needed to keep the vehicle on the road and in a safe condition. The ASPIRE Program does assist with a onetime payment for automobile liability insurance, and does help with repair costs (up to a yearly capped amount), but there are additional costs that need to be covered by the vehicle's owner that will be ameliorated by the increase in mileage reimbursement.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3762-3790
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 4, 2005
AGENCY CONTACT PERSON Stephen W. Telow, ASPIRE Program Manager
AGENCY NAME Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-3309
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 09-137 Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2005-P237
CONCISE SUMMARY: In accordance with Public Law 2005, Ch. 180, the Department of Inland Fisheries and Wildlife is proposing to adopt a list of lakes and ponds identified as "native brook trout waters" that have never been stocked. The law also prohibits the commissioner from stocking or issuing permits to stock fish and prohibits the use or possession of live fish as bait on these waters. Some of the waters may be restricted to the use of artificial lures only or limited to fly fishing only; others will have a "no live fish as bait" (S-4) regulation.
A copy of the list may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA 10104
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Moose Hunting
PROPOSED RULE NUMBER: 2005-P238
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule establishing the number of moose hunting permits to be issued for the 2006 season. Permits will be issued for bulls and antlerless moose. This proposal decreases the number of permits issued in WMDs 8, 9, 29 and increases the number of permits issued in WMDs 27 and 28 for a total decrease of 70 permits. The proposal also contains a clarification on permit restrictions to make it clear if an applicant is awarded a specific permit (bull-only or antlerless only), they must comply with the provisions of that permit. Permits are allocated according to Wildlife Management District as follows:
WMD 1 120 bulls / 20 antlerless
WMD 2 90 bulls
WMD 3 225 bulls / 220 antlerless
WMD 4 255 bulls
WMD 5 120 bulls
WMD 6 220 bulls / 265 antlerless
WMD 7 125 bulls
WMD 8 235 bulls
WMD 9 50 bulls
WMD 10 100 bulls / 10 antlerless
WMD 11 160 bulls / 120 antlerless
WMD 12 35 bulls / 20 antlerless
WMD 13 -- 45 bulls / 10 antlerless
WMD 14 35 bulls
WMD 17 15 bulls / 15 antlerless
WMD 18 80 bulls / 20 antlerless
WMD 19 90 bulls / 15 antlerless
WMD 27 25 bulls / 5 antlerless
WMD 28 60 bulls / 20 antlerless
WMD 29 0 bulls / 0 antlerless
TOTAL: 2,085 bulls / 740 antlerless
In WMDs 1, 2, 3, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear baiting season and remain open for 6 days and in WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 28 and 29 the season will begin on the second Monday of October and remain open for 6 days.
The following clarification will be added to the permit restrictions: It shall be unlawful for any permit holder or their subpermittee to hunt moose inconsistent with the specifications designated on the permit.
STATUTORY AUTHORITY: 12 MRSA 11551
RULE TITLE OR SUBJECT: Ch. 5.02, Classified Wildlife Management Areas (Open Long Lake Wildlife Management Area to hunting and trapping)
PROPOSED RULE NUMBER: 2005-P239
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to open Long Lake Wildlife Management Area, Aroostook County, to the hunting and trapping of all wild birds and animals during the open season on these species. All other laws and rules relating to hunting and trapping shall apply.
STATUTORY AUTHORITY: 12 MRSA 12701 and 12708
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled one may be requested.
DEADLINE FOR COMMENTS: November 4, 2005
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: 284 State Street, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


AGENCY: 09-137 Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 10, Significant Wildlife Habitat
PROPOSED RULE NUMBER: 2005-P240
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt rules that define several Significant Wildlife Habitats, as described under 38 MRSA Section 480-B(10). This proposed rule contains definitions for high and moderate value tidal waterfowl and wading bird habitats, shorebird nesting, feeding, and staging areas, and vernal pools. This rule will require that applicants for DEP permits under the Natural Resource Protection Act (NRPA) survey their project areas, with input from IF&W and avoid, minimize and/or mitigate impacts to these resources. A copy of the proposal may be obtained from the Agency Contact Person listed below.
STATUTORY AUTHORITY: 12 MRSA 10104
PUBLIC HEARINGS:
October 25, 2005 - Eastern Maine Community College, 268 Sylvan Road, Bangor - 6:30 p.m.
October 27.2005 - Portland City Hall, Council Chambers, 389 Congress Street, Portland - 6:30 p.m.
DEADLINE FOR COMMENTS: November 7, 2005
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


ADOPTIONS

AGENCY: 29-250 Department of Secretary of State
CHAPTER NUMBER AND TITLE: Ch. 900, Rules for the Administration of the Address Confidentiality Program
ADOPTED RULE NUMBER: 2005-391
CONCISE SUMMARY: This amendment requires the Secretary of State to assign a voter code to participants of the Address Confidentiality Program. The voter code will be used for the purposes of registering to vote and voting. In addition, it will be used in lieu of the participant's name and address being listed on the public voter list.
EFFECTIVE DATE: September 28, 2005
AGENCY CONTACT PERSON: Barbara Redmond
AGENCY NAME: Office of the Secretary of State
ADDRESS: 148 State House Station, Augusta, ME 04333-0148
TELEPHONE: (207) 626-8408


AGENCY: 07-102 - Governor's Office of Health Policy & Finance
CHAPTER NUMBER AND TITLE: Ch. 101, Establishment of the Capital Investment Fund (Regular Rulemaking Proceeding; this rule was previously adopted on an emergency basis)
ADOPTED RULE NUMBER: 2005-392
CONCISE SUMMARY: This rule establishes the process that will be used to determine the amount of the Capital Investment Fund, which is a yearly limitation on the level of monies that may be awarded by the state's Certificate of Need Program for projects required to gain state approval.
EFFECTIVE DATE: October 26, 2005
AGENCY CONTACT PERSON: Ellen Jane Schneiter, Deputy Director
AGENCY NAME: Governor's Office of Health Policy & Finance
ADDRESS: 15 State House Station, Augusta, ME 04333-015
TELEPHONE: (207) 624-7442


AGENCY: 10-144 - Department of Health and Human Services Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Ch. 241, Subsurface Wastewater Disposal Rules
ADOPTED RULE NUMBER: 2005-393
CONCISE SUMMARY. The proposed minor modifications to the rules governing the design and installation of subsurface wastewater disposal systems will clarify the intent of several sections.
CHAPTER NUMBER AND TITLE: Ch. 243, Minimum Lot Size Rules
ADOPTED RULE NUMBER: 2005-394
CONCISE SUMMARY: The proposed minor modifications to the rules governing requirements for Minimum Lot sizes for lots utilize on site sewage disposal systems.
EFFECTIVE DATE: August 1, 2005
AGENCY CONTACT PERSON: Russell G. Martin, Manager, Wastewater & Plumbing Program
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 11, Augusta, ME 04333
TELEPHONE: (207) 287-4735


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #10-05
ADOPTED RULE NUMBER: 2005-395
CONCISE SUMMARY: Minimum October 2005 Class I price is $17.52 plus $0.89/cwt. for Producer Margins, an over-order premium of $1.10/cwt. as being prevailing in Southern New England and $0.23/cwt handling fee for a total of $19.94 that includes a $0.20/cwt Federal promotion fee. Class II minimums set at $14.10 for August 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: October 2, 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: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.95(1)(B)(2)(a), Monhegan Island Lobster Conservation Area, Open Season
ADOPTED RULE NUMBER: 2005-396
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area, 180 day 2005 - 2006 open lobster fishing season, will begin December 1, 2005 and end May 29, 2006. This regulation conforms to 12 MRSA 6472.
EFFECTIVE DATE: October 3, 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: 12-186 - State Board of Arbitration and Conciliation
CHAPTER NUMBER AND TITLE:
SBAC Ch. 1, General Rules of the State Board of Arbitration and Conciliation
SBAC Ch. 2, Rules for Determining Rates of Compensation for Forest Products Harvesting and Hauling Services
ADOPTED RULE NUMBER: 2005-397 and 398
CONCISE SUMMARY: The State Board of Arbitration and Conciliation ("Board") consists of three persons appointed by the Governor: a neutral chairperson, an employer representative, and an employee representative. The Board assists parties to resolve disputes regarding collective bargaining agreement interpretation ("grievance arbitration") and disputes regarding collective bargaining agreement negotiation ("fact-finding" and "interest arbitration"). Ch. 1 of the proposed rules contains rules of general application for all matters before the Board. These proposed rules cover such matters as filing of submissions, serving parties, conducting hearings, issuing awards, and reviewing of awards. These proposed rules of general application are new; however, they should be read in conjunction with, as necessary, Ch. 13 of the Rules and Procedures of the Maine Labor Relations Board ("Resolution of Contract Negotiation Disputes").
The Forestry Rate Proceeding Panel ("Panel"), established under the authority of the Board, consists of three persons appointed by the Governor: one person representing forest products harvesters and haulers, one person representing forest landowners, and one person representing the public interests of the State (the chairperson of the Board). The Panel is to determine, upon the petition of interested parties, the rate of compensation for forest products harvesting or hauling services, and also to review negotiated agreements for the rate of compensation for forest products harvesting or hauling services. Ch. 2 of the proposed rules contains rules of general application for all matters before the Panel. These proposed rules cover such matters as filing of negotiated agreements, filing of petitions, acting on petitions, conducting hearings, treatment of confidential documents, issuing decisions, and reviewing of decisions. The law creating the Panel was enacted in 2004; these proposed rules of general application are new.
EFFECTIVE DATE: October 3, 2005
AGENCY CONTACT PERSON: Dyan M. Dyttmer
AGENCY NAME: Maine Labor Relations Board
ADDRESS: 90 State House Station, Augusta, ME 04333-0090
TELEPHONE: (207) 287-2015


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE Program Rules Manual
ADOPTED RULE NUMBER: 2005-399
CONCISE SUMMARY: An increase in mileage reimbursement for ASPIRE participants from .24 per mile to .30 per mile is being proposed.
This rule change is sought to address escalating prices for gasoline, the requirement that the ASPIRE Program must reimburse participants for the cost of traveling while involved in mandatory program activities, and the fact that reimbursement for mileage for ASPIRE participants has been at .24 per mile for 10 years.
EFFECTIVE DATE: October 1, 2005
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE Program Manager
AGENCY NAME: Department of Health and Human Services, Office of Integrated Access and Support
ADDRESS: 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3309
TTY: (207) 287-6948