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Home > Weekly Newspaper Notices > January 28, 2009

January 28, 2009

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 internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each agency.


NOTICE OF EMERGENCY RULE-MAKING


AGENCIES:
06-096 - Maine Department of Environmental Protection, and
94-376 - Maine Municipal Bond Bank
RULE TITLE OR SUBJECT: Ch. 595, State Revolving Fund
CONCISE SUMMARY: There is a high likelihood that the federal government will provide stimulus money to the Clean Water State Revolving Fund (SRF) in order to create construction jobs to build infrastructure projects. The legislation could allow funding incentives such as 0% interest loans or principal forgiveness in order to move projects quickly to construction. Ch. 595 currently does not have flexibility to make loans of this nature. This rule change will allow the SRF to make loans at or below 0% and allow principal forgiveness. The current rules also allow the interest rate to be reduced to accommodate fees so there will be no increase in cost to the borrowers. However, at 0% interest, there is no ability to reduce the interest rate to accommodate fees. This rule change will allow fees to be charged even with a 0% interest rate or principal forgiveness. Finally, references to a federal regulation that no longer apply to the SRF are deleted and other minor corrections are made.
This is an emergency rulemaking. The department invites comment on these rules under modified comment procedures. Comments may be submitted by mail, e-mail or fax. To ensure consideration, comments must include your name and the organization you represent, if any. The comment deadline is February 11, 2009 at 5:00 pm. Please submit any comments to both contact persons listed below. Please be aware that the risk of non-delivery associated with submissions by fax or email is on the sender.
The draft amendments are available at: http://www.maine.gov/dep/blwq/rule.htm and may also be requested from Steve McLaughlin (contact information below).
The Board of Environmental Protection will be considering emergency adoption of amendments on February 19, 2009 at a meeting beginning at 9:00 a.m. at the Holiday Inn, 110 Community Drive, Augusta, Maine. The Maine Municipal Bond Bank will be meeting to consider emergency adoption of amendments on March 11, 2009 at 9:30 a.m. at the Maine Municipal Bond Bank, 127 Community Drive, Augusta, Maine 04330.
NOTE: Emergency rules are only in effect for 90 days from their effective date. The department will also be posting amendments to Ch. 595 under regular rulemaking procedures for public comment without a hearing.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. This will have a positive impact on municipalities and districts because it will allow the SRF to provide principal forgiveness and 0% interest loans instead of low interest loans, with the result of savings to borrowers.
STATUTORY AUTHORITY: 30-A MRSA §5959
PUBLIC HEARING: Not applicable.
DEADLINE FOR COMMENTS: February 11, 2009 at 5:00 pm.
AGENCY CONTACT PERSON (DEP) FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Steve McLaughlin, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7768
FAX: (207) 287-3435
E-MAIL: Steve.A.McLaughlin@Maine.gov
E-MAIL FOR OVERALL DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov
CONTACT PERSON’S NAME (BOND BANK): Karen Asselin, Maine Municipal Bond Bank, P.O. Box 2268, Augusta, Maine 04338-2268
TELEPHONE: (207) 622-9386
FAX: 207-623-5359
E-MAIL: kla@mainebondbank.com


PROPOSALS



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 104, Maine Services Manual, Section 4: Maine Part D Wrap Benefits
PROPOSED RULE NUMBER: 2009-P7
CONCISE SUMMARY: Pursuant to the federal guidelines that determine the Part D Benefit parameters, the member co-payment for generic drugs has increased from $2.25 to $2.40 per prescription. The Part D Wrap Benefit covers this co-payment for eligible beneficiaries. The new co-pay amount is reflected in the Appendix to this rule. This rule change will not impose any administrative cost on small business.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §254-D
PUBLIC HEARING: The Department will allow a 30 day comment period unless 5 or more requests for a public hearing are received
DEADLINE FOR COMMENTS: Comments must be received by midnight Thursday, March 5, 2009.
AGENCY CONTACT PERSON FOR THIS FILING: Nicole Rooney, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4460
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Nicole.Rooney@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Interpreters and Transliterators of American Sign Language
RULE TITLE OR SUBJECT:
Ch. 50, Definitions (amend)
Ch. 51, Requirements For Initial Licensure (repeal and replace)
Ch. 52, License Renewal and Continuing Education (amend)
Ch. 53, Conversion of Registrants to Licensees (repeal)
Ch. 54, Disclosure Statement (amend)
Ch. 55, Complaints and Investigations (amend)
Appendix (repeal)
PROPOSED RULE NUMBER: 2009-P8 through P13
CONCISE SUMMARY: The proposed rules: (a) authorize licensure as a limited interpreter/transliterator or limited deaf interpreter on the basis of a score of 3.5 or higher on the Educational Interpreter Performance Assessment, (b) authorize licensure as a certified interpreter/transliterator or certified deaf interpreter on the basis of National Interpreter Certification administered by the National Association of the Deaf, Inc. and the Registry of interpreters of the Deaf, Inc., (c) increase the amount of continuing education required for renewal of a limited license from 15 to 20 hours annually, (d) do away with the pre-approval requirement for continuing education activities offered by persons other than recognized sponsors or providers, (e) do away with the requirement that interpreters submit a disclosure statement to OLR for approval at time of license renewal, (f) revise the contents of the disclosure statement, (g) provide that an interpreter needs to provide the disclosure statement to a particular recipient only once until such time as the contents of the disclosure statement change (as opposed to once per calendar year), (h) do away with the requirement that an interpreter provide a disclosure statement upon request at a group event (e.g., performance, lecture) at which the licensee is providing services, (i) reiterate the right of an applicant or licensee to appeal a license denial or refusal to renew, (j) repeal Ch. 53, which is no longer necessary because the transition from registration to licensure is complete, and (k) delete the rules appendix of resources available to interpreters and transliterators in Maine.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§ 1522(1), 1531
PUBLIC HEARING: February 19, 2009, 2:00 p.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: March 5, 2009
RULES AVAILABLE ON LINE AT: www.maine.gov/professionallicensing
AGENCY CONTACT PERSON: Elaine Thibodeau, Program Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8617
E-MAIL FOR THIS FILING: Elaine.M.Thibodeau@Maine.govElaine.M.Thibodeau@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 125, Perchloroethylene Dry Cleaner Regulation
PROPOSED RULE NUMBER: 2009-P14
CONCISE SUMMARY: The Department of Environmental Protection proposes to adopt amendments to the Perchloroethylene Dry Cleaner Regulation. The proposed amendments will prohibit the installation of new dry cleaners in a building with a residence, or with a day care center, a health care facility, a prison, an elementary school, a middle or high school, a children's pre-school, a senior center, a youth center or other facility inhabited by children or the elderly; require that co-located dry cleaners cease operations on December 21, 2020; require all drycleaners to inspect equipment weekly with a halogenated hydrocarbon detector; and will limit to seven days the amount of time dry cleaning equipment can operate while awaiting repairs.
Copies of this rule are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and be provided an opportunity for comment. Any party interested in providing public comment can 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 §585A
PUBLIC HEARING: February 19, 2009, 9:00 a.m., Holiday Inn/Ground Round, Augusta
DEADLINE FOR COMMENTS: March 2, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Andrea Lani, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437
FAX: (207) 287-7641
E-MAIL: Andrea.Lani@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 05-071 - Department of Education – State Board of Education
RULE TITLE OR SUBJECT: Ch. 61, State Board of Education Rules for Major Capital School Construction Projects
PROPOSED RULE NUMBER: 2009-P15
CONCISE SUMMARY: On April 8, 2008, the Maine State Legislature emergency adopted P.L. Ch. 578, An Act To Preserve Successful Historic Neighborhood Schools. In accordance with P.L. 578, amendments to Section 8 and Section 9 of Ch. 61 are being proposed to outline the criteria under which a waiver of the requirements of 20-A MRSA §15908-A, School energy efficiency standards rules, may be granted. P.L. 578 establishes these changes as routine technical and will be processed as such in accordance with the Administrative Procedure Act.
TYPE OF RULE: amendment of existing major substantive rule
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §3; 20-A MRSA §405(3)(J); 20-A MRSA §15905, sub-§4, and §§ 15901 to 15917
P.L. 2001, c. 439, Part 0000, §0000-3
PUBLIC HEARING): Thursday, February 19, 2009, 9:00 a.m. to 10:00 a.m., Room 500 of the Cross Office Building, 111 Sewall Street, Augusta, Maine.
DEADLINE FOR WRITTEN COMMENTS: 5:00 p.m., Monday, March 2, 2009
AGENCY CONTACT/SUBMIT WRITTEN COMMENTS TO:
MAILING ADDRESS: Jaci Holmes, Federal Liaison, Department of Education, 23 State House Station, Augusta, ME 04333-0023
PHYSICAL ADDRESS FOR HAND DELIVERY (No Saturday/Sunday hand delivery – Cross Office Building is closed.): Jaci Holmes, Federal Liaison, Department of Education, Cross Office Building – 5th Floor, 111 Sewall Street, Augusta, Maine
TELEPHONE: (207) 624-6669
E-MAIL: Jaci.Holmes@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Greg.Scott@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities
PROPOSED RULE NUMBER: 2009-P16
CONCISE SUMMARY: The proposed rule reduces the rate for the comprehensive care management service from $139.00 per month to $126.50 per month. This rate reduction is a budget savings initiative that plans to save $62,600 in the General fund for SFY 09. This proposed rule also includes a rate change for transportation services provided by a HHA/CNA/PCA, which increases the rate from $.32 per mile to $.44 per mile. This rule making is not expected to impose administrative costs on small businesses, counties or municipalities.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents. A copy of the proposed changes and other materials related to this change, including written comments, can be viewed at any Department of Human Services Regional Office.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: A thirty (30) day comment period will replace the public hearing unless the Department receives five (5) or more requests for a hearing.
DEADLINE FOR COMMENTS: Comments must be received by midnight February 28, 2009
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Alyssa.Morrison@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 22, Home and Community Benefits for the Physically Disabled
PROPOSED RULE NUMBER: 2009-P17
CONCISE SUMMARY: This proposed rule begins permanent adoption of the emergency rule that changes the rate of reimbursement for personal care attendant services under this section. Specifically, the Department is proposing to change the rates from $2.28 per 15 minutes to $2.57 per 15 minutes. This rate change is necessary to comply with the waiver amendment recently submitted to the Federal Centers for Medicare and Medicaid Services (CMS) and is contingent upon CMS approval.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA (42, (3173
PUBLIC HEARING: A thirty (30) day comment period will replace a formal public hearing unless the Department receives at least five (5) written requests for a public hearing.
DEADLINE FOR COMMENTS: Comments must be received by midnight February 28, 2009.
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Alyssa.Morrison@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


ADOPTIONS



AGENCY: 04-061 – Department of Conservation, Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards, Wind Energy Rule Changes
ADOPTED RULE NUMBER: 2009-31
CONCISE SUMMARY: In the last session of the legislature, “An Act to Implement Recommendations of the Governor’s Task Force on Wind Power Development”, Public Law 2008, Ch. 661, was passed and, as emergency legislation, became effective April 18, 2008. That Act requires certain actions by this Commission:
* Identify specific places within the Commission’s jurisdiction as an “expedited permitting area”.
* Identify “expedited wind energy development” as a permitted use in all Commission zoning subdistricts.
The Commission earlier sought public comment on this rule change but has since determined that a broader reading of Public Law 2008, Ch. 661, would indicate that the legislative intent was to allow any wind energy development as a permitted use in all Commission zoning subdistricts – not just “expedited” wind energy development which is defined as “grid-scale” wind energy development. The Commission sought comment on this broader reading of the law as well as some clarifying language that has been incorporated into the rule change as suggested by the public during the earlier comment period.
EFFECTIVE DATE: January 20, 2009
AGENCY CONTACT PERSON: Susan Burns, Land Use Regulation Commission, 22 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-4969
E-MAIL FOR THIS FILING: Susan.Burns@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Eliza.Townsend@Maine.gov



AGENCY: 06-096 – Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 310, Wetlands and Waterbodies Protection, Amendments to Section 5(A)
ADOPTED RULE NUMBER: 2009-32
CONCISE SUMMARY: Substantive changes expanded the categories of activity located in, on or over wetlands of special significance that may be considered for approval by the Department. These include:
* An activity for the purpose of restoring or enhancing the functions and values of the wetlands of special significance;
* An activity that is (a) located at least 250 feet from aquatic vegetation, emergent marsh vegetation, or open water, and (b) does not unreasonably adversely affect the functions and values of the aquatic vegetation, emergent marsh vegetation, or open water, or the functions and values of the freshwater wetlands enhanced or served by those features.
* Activity on a pier, wharf, dock or other structure over a coastal wetland when (a) the Commissioner has reviewed and approved an alternative set of standards pursuant to shoreland zoning (38 MRSA §438-A(2)) for evaluation of a non water-dependent use, and (b) the pier, wharf, dock or other structure was constructed before 6/30/1990 and is still in existence on the date of the application.
Amendments to the initial paragraphs of Section 5(A) were made to more clearly link back to the statutory standard, and were not intended as a substantive change.
EFFECTIVE DATE: January 26, 2009
AGENCY CONTACT PERSON FOR THIS FILING: Hetty Richardson, Maine Dept. of Environmental Protection, #17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7799
E-MAIL: Hetty.L.Richardson@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual, Subsection 2.12: Prisoner/Resident Accounts
ADOPTED RULE NUMBER: 2009-33
CONCISE SUMMARY: Per 34-A MRSA §3039(1), this rule is required to be adopted by the Commissioner of Corrections, rather than the Chief Administrative Officers, as required under the previous version of this statute.
EFFECTIVE DATE: January 26, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Esther Riley, Department of Corrections, State House Station #111, Augusta, ME 04333
TELEPHONE: (207) 287-4681
E-MAIL: Esther.Riley@Maine.gov



AGENCY: 01-001 – Department of Agriculture, Food and Rural Resources, in cooperation with the Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool Cost of Administration
ADOPTED RULE NUMBER: 2009-34
CONCISE SUMMARY: Ch. 61 - Maine Milk Pool Cost of Administration is amended to reflect the estimated administrative costs of operating the pool for calendar year 2009.
EFFECTIVE DATE: January 31, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521
E-MAIL: Tim.Drake@Maine.gov