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November 9, 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. Office of Integrated Access and Support
RULE TITLE OR SUBJECT: State Plan for Title IV-A Block Grant
PROPOSED RULE NUMBER: 2005-P281
CONCISE SUMMARY: The Department of Health and Human Services, Office of Integrated Access and Support announces that the TANF State Plan is available for review and comment at
Department of Health and Human Services
Office of Integrated Access and Support
268 Whitten Road
Augusta, ME 04333
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 24, 2005
AGENCY CONTACT PERSON Dean Henderson, TANF Program Manager
AGENCY NAME Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
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: TANF Case load Reduction Report
PROPOSED RULE NUMBER: 2005-P282
CONCISE SUMMARY: This is not a policy. It is an announcement.
The Department of Health and Human Services, Office of Integrated Access and Support announces that the TANF Caseload Reduction Report is available for review and comment at:
Department of Health and Human Services
Office of Integrated Access and Support
268 Whitten Road
Augusta, ME 04333
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 23, 2005
AGENCY CONTACT PERSON Dean Henderson, TANF Program Manager
AGENCY NAME: Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 281-5089
TTY: (207) 281-6948 (Deaf/Hard of Hearing)


AGENCY: 94-434 - Maine Educational Loan Authority (MELA)
RULE TITLE OR SUBJECT: Ch. 1, Supplemental Education Loan Program Rules
PROPOSED RULE NUMBER: 2005-P283
CONCISE SUMMARY: This rule-making amends the existing Supplemental Education Loan Program Rules to make substantial revisions to the loan consolidation guidelines, and minor revisions to the sections involving eligible students and borrowers, credit underwriting, loan amounts, finance charges, repayment terms, forbearance, and the medical loan program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §11417(1)(N)
PUBLIC HEARING: No public hearing will be held.
DEADLINE FOR COMMENTS: Monday, December 12, 2005
AGENCY CONTACT PERSON: Shirley M. Erickson, Executive Director
AGENCY NAME: Maine Educational Loan Authority
ADDRESS: One City Center, Eleventh Floor, Portland, ME 04101
TELEPHONE: (207) 791-3621


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.02, Definition of “Rigged to Fish for Lobster”
PROPOSED RULE NUMBER: 2005-P284
CONCISE SUMMARY: The term “rigged” to fish for lobster would be defined to identify the equipment necessary to determine if a vessel is rigged to fish for lobster. The minimum equipment required would be a pot hauler. The new definition would assist enforcement personnel determining whether a vessel is being legally used to transport lobsters not harvested by a fisherman licensed under Section 6421. Lobsters transported by persons who hold only a ‘Wholesale seafood license with lobster’ permit may transport and possess lobsters in accordance with recent revisions in the statute 12 MRSA §6851, sub-§2-A provided the vessel used to transport is not rigged to fish lobster.
STATUTORY AUTHORITY: 12 MRSA §6001(37-A)
AGENCY CONTACT PERSON: Col. Fessenden (Tel: 624-6550)
RULE TITLE OR SUBJECT: Ch. 25.08(B)(5), Lobster License holder’s presence aboard
PROPOSED RULE NUMBER: 2005-P285
CONCISE SUMMARY: An amendment is proposed to correct the discrepancy between the regulations and enabling statute regarding medical waivers for the license holder’s presence aboard their vessel. In accordance with 12 MRSA §6431-E(3)(A), the Commissioner may authorize a person to fish for or take lobsters from a vessel when an owner or family member is not on board, if that person holds a Class I, II or III lobster and crab fishing license and the owner of the vessel has demonstrated that an illness or disability temporarily prevents that owner from fishing for or taking lobsters from the vessel. The regulations, however, do not indicate that the inability to fish for or take lobsters from the vessel due to the illness or disability must be temporary. Therefore the regulations are proposed to be rewritten to more closely mirror the enabling statute.
STATUTORY AUTHORITY: 12 MRSA §6431-E
AGENCY CONTACT PERSON: Col. Fessenden (Tel: 624-6550)
RULE TITLE OR SUBJECT: Ch. 25.96(3), Lobster Apprentice Program, Practical lobster fishing experience
PROPOSED RULE NUMBER: 2005-P286
CONCISE SUMMARY: Proposed amendments to these regulations would further clarify the lobster license eligibility date consistent with and pursuant to statute 12 MRSA §6448(5&6), which requires that the eligibility request at completion of the apprentice program requirements coincide with the time and date of submission to the Department of Marine Resources. An amendment is also proposed to require that an apprentice submit completed log sheets to a Marine Patrol Officer for signing and then forward the completed and signed log sheets to the Department for processing within 30 days of the last entry logged on the sheets. Two grammatical corrections are also proposed.
STATUTORY AUTHORITY: 12 MRSA §6422
AGENCY CONTACT PERSONS: Deirdre Gilbert (Tel: 624-6576) or Col. Fessenden (Tel: 624-6550)
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARINGS: *Wednesday, November 30, 2005, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
*Public hearings for Ch. 25.02, 25.08 and 25.96 will be held on the same evening, beginning with the hearing on Ch. 25.02 at 6:00 p.m., and followed by separate hearings on each rulemaking, in the order listed, immediately upon the conclusion of the hearing for the previous chapter. Electronic copies with the entire proposed text may be obtained from the web site listed in this notice or to request hard copies to be mailed please use the contact information provided in this notice.
DEADLINE FOR COMMENTS: December 10, 2005
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn: Laurice Churchill, P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: 287-4474 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability, please contact Kim Pierce, at (207) 624-6567.


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 51, Child Nutrition Programs in Public Schools and Institutions
PROPOSED RULE NUMBER: 2005-P287
CONCISE SUMMARY: The Department of Education is proposing amendments to Ch. 51, Child Nutrition Programs in Public Schools and Institutions. The rule contains the requirements that supplement federal regulations pertaining to the National School Lunch Program, the After School Snack Program, the School Breakfast Program, and the School Milk Program. The rule requires funds from all food and beverage sales made at anytime on school property to accrue to the benefit of the school's non-profit school food service program; with exceptions.
Proposed amendments would allow, under local school board policy or policy established by Career and Technical Region/Center Cooperative Boards, a school, approved student organization, or program to benefit from the sale of foods and beverages sold at food sales, in school stores, and in vending machines, and for the sponsors of community events to benefit from the sale of food or beverages sold at the event. Amendments also clarify that a school, approved student organization or program may sell foods if consistent with the requirement that such sales not include foods of minimal nutritional value. The rule amends the current exception for the sale of foods and beverages by Career and Technical Education (CTE) centers or programs to be consistent with all exceptions in the rule which allow, by school board policy or Career and Technical Education Region/Center cooperative board policy, the sale of food which include foods of minimal nutritional value as defined in the rule but limits this exception to the CTE Culinary Arts Programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: December 12, 2005. Written comments on the proposed rule will be considered if received in the Department of Education by 5:00 p.m., December 12, 2005. This can be accomplished by: Delivering them to the receptionist on the fifth floor of the Burton M. Cross State Office Building; mailing them to Judith Malcolm, Education Policy Director, 23 State House Station, Augusta, ME. 04333-0023; faxing them to Judith Malcolm at (207) 624-6841: or e-mailing them to Judith.Malcolm@maine.gov.
We encourage participation in this rule-making process.
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, Maine 04333-0023
TELEPHONE: (207)624-6842


AGENCY: 18-125 – Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 103, Recordkeeping and Retention
PROPOSED RULE NUMBER: 2005-P288
CONCISE SUMMARY: The purpose of this new rule is to define the requirements for the maintenance and retention of books, records, and other sources of information necessary for the determination of a person's correct tax liability. The rule applies to all taxes, including sales tax, use tax, service provider tax, and corporate income tax. A new rule regarding recordkeeping requirements for taxpayers is required in order to reflect the technological realities of the modern workplace. Taxpayers and tax administrators alike will benefit from the increased certainty regarding what records should be kept; and in what form they should be maintained.
RULE TITLE OR SUBJECT: Ch. 305, Retailers Records
PROPOSED RULE NUMBER: 2005-P289
CONCISE SUMMARY: This Rule is being repealed since a new, more comprehensive and up-to-date rule covering the same subject matter is being enacted.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 135
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: December 9, 2005
AGENCY CONTACT PERSON: John W. Sagaser, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536


AGENCY: 95-629 - Dirigo Health Agency
RULE TITLE: Dirigo Health Agency Paid Claims Definition
SUBJECT: Ch. (New), Definition of Paid Claims for Savings Offset Payment (Re-proposed)
PROPOSED RULE NUMBER: 2005-P290
CONCISE SUMMARY: These rules define Paid Claims for the purpose of the first year savings offset payment assessment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Laws 2005, Ch. 400 S.P. 555 - L.D. 1577, An Act to Modify Savings Offset Payments and to Clarify Certain Other Provisions of the Dirigo Health Act
PUBLIC HEARING: November 29, 2005 at 9:00 a.m. in the Dirigo Health Agency Conference Room A located at 211 Water Street, Augusta, ME
DEADLINE FOR COMMENTS: December 9, 2005
AGENCY CONTACT PERSON: Karynlee Harrington, Executive Director
AGENCY NAME: Dirigo Health Agency
ADDRESS: 53 State House Station, 211 Water Street, Augusta, Maine 04333-0053
TELEPHONE: (207) 287-9900
FAX: (207) 287-9922


AGENCY: 10-144 - Department of Health and Human Services, Office of Maine Care Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. I, General Administrative Policies and Procedures, Section 1.04-1, Additional Considerations for Eligibility
PROPOSED RULE NUMBER: 2005-P291
CONCISE SUMMARY: This proposed rule amends the effective date of Ch. I, General Policies and Procedures, Section 1.04-1, Additional Considerations for Eligibility rules reducing the benefit package for noncategorical adults receiving MaineCare coverage under the Health Insurance Flexibility and Accountability (HIF A) waiver that would have been effective October 14, 2005. The Department is extending the implementation date of the reduction in non-categorical services to December 5, 2005.
In accordance with federal regulations governing Medicaid, on October 31, 2005, the Department mailed a written notice of this reduction of service to every applicable member. The changes proposed in this rule will be implemented on or about 35 days after the date of such notice to members.
Additionally, this amendment allows non-categorical adults additional time to request MaineCare based on disability.
For those non-categorical adults who request a disability determination prior to November 15, 2005, their noncategorical benefits will not be reduced prior to the disability decision. If they are denied disability and choose to appeal that decision, their non-categorical benefits will not be reduced until a final decision is issued through the administrative hearing process.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. Some costs for services for non-categorical adults may be shifted to municipalities.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING:
Date: November 30, 2005, 9:00 a.m.
Location: Augusta Armory, Room 209, 179 Western Avenue, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before November 15, 2005.
DEADLINE FOR COMMENTS: 11:59 p.m., December 10, 2005
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Office of Maine Care Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 19-100 - Department of Economic and Community Development
RULE TITLE OR SUBJECT: Ch. 400, Employment Tax Increment Financing (ETIF) Program
PROPOSED RULE NUMBER: 2005-P292
CONCISE SUMMARY: The Employment Tax Increment Financing (ETIF) program was established by the Legislature in PL 1995 Ch. 669, and amended most recently by PL 2005 Ch. 351. The amendment to the rule clarifies the changes made to the law, including aligning program definitions with the Pine Tree Development Zones (PTDZ) program, increasing the maximum reimbursement to 80% for qualified businesses in PTDZ locations, and assigning anti-shifting responsibilities to the Department of Economic and Community Development.
ETIF is available to any company that is a for-profit (non-retail) Maine business, other than a public utility, that is able to demonstrate that its expansion development project will not go forward without ETIF. In addition, to be a qualified business, the company must hire a minimum of 5 net new employees within a two year period, and provide those workers with: 1) income that exceeds the per capita personal income in the county of employment, 2) access to group health insurance, and 3) access to an ERISA-qualified retirement program.
For companies expanding in any areas of Maine, ETIF is available to assist in the financing of business investment projects that create at least 5 net new, high-quality jobs. An ETIF-approved business may be reimbursed 30%, 50% or 75% of the state income tax withholdings paid by qualified employees for up to ten years. In Pine Tree Development Zones, companies in the manufacturing, financial services or targeted technology sectors, are eligible for an enhanced reimbursement of 80%. The amount of annual payment is based upon the actual number of qualified employees above the company's base level of employment.
The rule governing ETIF prescribes application requirements, procedures for calculating the employment tax increment, reporting requirements and the general administration of the program. Additionally, the rule establishes the requirements and procedures for the certification of Qualified Businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 36 MRSA §6759
PUBLIC HEARING: No public hearing.
DEADLINE FOR COMMENTS: December 9, 2005
AGENCY CONTACT PERSON: James Nimon, Program Manager
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station, Augusta, ME 04333-0059
TELEPHONE: (207) 624-9822


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 305, Licensing Requirements, Annual Reporting, Enforcement and Consumer Protection Provisions for Competitive Provision of Electricity
PROPOSED RULE NUMBER: 2005-P293
CONCISE SUMMARY: This chapter establishes licensing requirements for competitive electricity providers, which include marketers, brokers and aggregators. The chapter includes procedural rules governing application for licensing, revocation and enforcement, and annual reporting provisions. The chapter also establishes consumer protection rules applicable to competitive electricity providers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111 and 3203
PUBLIC HEARING: November 29, 2005, 1:30 p.m. at the Public Utilities Commission, 242 State Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: December 10, 2005
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-3831


ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access & Support
CHAPTER NUMBER AND TITLE: Ch. 323, Maine General Assistance Manual, Rev. #15A - Change in the Way the Overall Maximums in General Assistance Are Determined
ADOPTED RULE NUMBER: 2005-456
CONCISE SUMMARY: The rule: 1) changes the formula for determining the maximum levels of assistance for General Assistance (GA), 2) clarifies GA can pay for 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).
The 122nd Legislature made a change in the way the Overall Maximums in General Assistance are determined. The Overall Maximums are now the greater of 110% of the HUD fair market rents and the amount achieved by annually increasing the most recent aggregate maximum level of assistance by the percentage increase in the Federal Poverty Level of the current year over the FPL of the prior year.
The following changes have been made:
Changes in the department’s name from Department of Human Services (DHS) to Department of Health and Human Services (DHHS) on page 1 and throughout policy.
Adds a definition of the Federal Poverty Level on page 3.
Policy clarifies how we treat ASPIRE Support Payments on page 4 and 15.
Changes the formula for determining the maximum levels of assistance for General Assistance (GA) on page 6.
The reference to Medicaid is changed to MaineCare on page 11 and throughout policy.
Policy clarifies how we treat Medicare co-payments on page 11.
EFFECTIVE DATE: November 6, 2005
AGENCY CONTACT PERSON: Cindy Boyd, General Assistance 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) 287-3097
TTY: (207) 287-6948


AGENCY: 04-061 - Maine Land Use Regulation Commission, Department of Conservation
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
ADOPTED RULE NUMBER: 2005-457
CONCISE SUMMARY: Floodplain Standards: The Commission amended its rules for floodplain development such that limited development is allowed within floodplains according to the provisions of the Model Floodplain Management Ordinance for Maine. The Commission's previous rules allowed for no floodplain development.
Dock Standards: These proposed changes clarify that reconstruction of pre-existing docks are allowed by permit but that new or expanded docks would be allowed only by special exception with provisions established for determining special exceptions. Size limits are also established for docks. Temporary docks would continue to be allowed without a permit.
EFFECTIVE DATE: November 7, 2005
AGENCY CONTACT PERSON: Susan Burns or Marcia Spencer-Famous
AGENCY NAME: Maine Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: (207) 287-2631


AGENCY: 99-346 - Maine State Housing Authority
ADOPTED RULE NUMBER: 2005-458
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling for Low Income Housing Tax Credit
CONCISE SUMMARY: Maine State Housing Authority amended the Allocation of State Ceiling for Low-Income Housing Tax Credit Rule (the "Rule") as follows: (i) establish the qualified allocation plan for allocation of the 2006 State ceiling of low income housing tax credits pursuant to Section 42 of the Internal Revenue Code; (ii) more clearly define SRO Housing and modify the SRO Housing Set-aside to require that a minimum of 75% of the units in the SRO Housing be set-aside for persons who are homeless; (iii) reduce the amount of the Non-profit Set-aside, but allow the winner of the set-aside to receive credits in excess of the set-aside amount up to the maximum credit restriction; (iv) eliminate certain requirements from the provision that allows one tax credit project to receive tax credits in excess of the maximum credit restriction; (v) clarify and expand the circumstances under which an application for tax credits or a reservation of tax credits will be deemed withdrawn or cancelled; (vi) require applicants to submit a market study at the time of application for tax credits, to adopt the National Council of Affordable Housing Market Analysts (NCAHMA) Market Study Standards as the guideline for preparation of market studies and to reserve the right to reject and commission market studies; (vii) require tax credit projects to meet MSHA's Green Building Standards; (viii) require construction contractors and subcontractors involved in the construction of tax credit projects to comply with MSHA's Contractor Standards; (ix) establish a new threshold requirement that tax credit project owners make a resident service coordinator available on-site to evaluate resident needs and refer residents to appropriate services at no charge to the tenants during the tax credit compliance period; (x) clarify that the rehabilitation of existing housing selection criterion is limited to multi-family rental housing; (xi) replace the previous general physical plant amenities and services selection criteria with a menu of specific amenities from which tax credit applicants can chose based on the design and location of the project and the needs of the residents to be served; (xii) eliminate the requirement for services and funding under the special needs housing selection criterion, because of the new resident service coordinator threshold requirement; (xiii) relax the family project selection criterion to allow more 2-bedroom units and fewer 3 or more bedroom units; (xiv) modify the previous municipal zoning selection criterion to better achieve the purpose of rewarding projects for readiness by requiring an applicant to have all necessary municipal approvals to proceed with a project and all appeal periods expired with no challenge; (xv) encourage a greater level of accessibility in tax credit projects than is required by federal and state law by creating a selection criterion that rewards projects with more than 10% of the units in the project as Type A fully accessible and adaptable units; (xvi) modify the below market funding selection criterion to (a) reward projects that have applied for below market funding but have not yet received a commitment, albeit at a discounted value relative to below market funding that is committed to a project, (b) detail how commitments of below market funding will be evaluated and scored, (c) clarify that construction period financing will not be considered under the criterion, (d) treat approved Affordable Housing TIF funding that directly benefits a project as a grant for purposes of determining the value of the below-market funding, and (e) give applicants a grace period to replace any funding that the applicant applied for but did not receive and was awarded points under the criterion before re-scoring the application; (xvii) clarify the donated property and property acquired for a project at a nominal value selection criterion to include leased property and to define nominal value; (xviii) update the housing need rankings selection criterion to (a) reflect the most recent demographic data available for family and elderly housing, (b) to reflect changes in the methodology used to develop the need rankings such as using relative rather than absolute housing need in the calculation, narrowing the population considered to persons with incomes between 30% area median income and 60% area median income which is the population that can be served with the tax credits and narrowing the economic growth period considered in the calculation, (c) eliminate the market areas with medium and low need rankings for family, senior and SRO housing and any associated points from the selection criteria, (d) increase the maximum points awarded to projects located in market areas ranked very high need and high need, and (e) eliminate the provision allowing applicants to challenge the housing need ranks; (xix) give projects in community revitalization areas that involve the rehabilitation of existing multi-family housing an extra point under the community revitalization selection criterion in accordance with the Code; (xx) establish a new selection criterion that awards points to projects located in Tier 1 Service Center Communities as established by the State Planning Office; (xxi) limit the sponsor characteristics selection criterion relating to 8823 history to those projects that have experience developing tax credit projects; (xxii) increase the points awarded under the non-profit participation selection criterion and to clarify that general partners that are limited liability companies, the sole member of which is a qualified nonprofit corporation, will receive consideration under the criterion; (xxiii) establish a new selection criterion to create an incentive for applicants to employee contractors that provide a certain level of health insurance coverage to their employees and to establish a process for determining that an applicant fulfills its pledge under the selection criterion for which the applicant was awarded points and for ongoing monitoring of contractors to ensure that they maintain the health insurance coverage during the construction of the project; (xxiv) modify the provision that allows MSHA to convert credit allocated in a particular calendar year to a reservation of credit in a subsequent year to clarify that projects only have to comply with the qualified allocation plan in effect in the year the credit was originally allocated to the project; (xxv) modify the provisions relating to tax-exempt bond financed projects to exempt "automatic" tax credit projects from the new resident service coordinator threshold requirement; and (xxvi) make updates, clarifications and grammatical changes.
EFFECTIVE DATE: November 8, 2005
AGENCY CONTACT PERSON: Jodie Stevens, Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603