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Home > Weekly Newspaper Notices > April 8, 2009

April 8, 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.



PROPOSALS


AGENCY: 17-229 – Department of Transportation
RULE TITLE OR SUBJECT:  Ch. 210, Amendments to existing Utility Accommodation Policy Rules
PROPOSED RULE NUMBER: 2009-P1 (2nd notice)
CONCISE SUMMARY:  The existing rule sets standards for permitting and locating utility facilities within the corridors of all state and state-aid highways.  These proposed amendments will:
* Modify the definition of “Utility” to broaden it to include entities that are permitted by statute, but only recently have entered the field.  These entities include wind farm electrical power generators, landfill gas electrical power generators and the University of Maine system, which recent legislation gave utility rights within highway right of ways;
* Consider allowing utilities, which would provide significant benefit to the State of Maine, to locate longitudinally in the Interstate right of way.  Current MaineDOT policy has not allowed such locations;
* Remove all reference to the metric system;
* Standardize reference to the Department of Transportation as “MaineDOT”;
* Clarify the procedure for applying for exemptions to the Accommodation Policy, and
* Make editorial changes to several sections to clarify their intent.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  35-A MRSA §2503 (16) and 23 MRSA §52
PUBLIC HEARING:  No public hearing is planned
DEADLINE FOR COMMENTS:  Close of business Friday, May 8, 2009.  Deadline for comments has been extended.  Due to a technical problem, all comments heretofore submitted electronically were lost and must be resubmitted.  New and/or additional comments will also be accepted, but all comments submitted during this extended period must be submitted in hard copy.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Brian Burne, Highway Maintenance Engineer, Maine Department of Transportation, 16 State House Station, Augusta, ME  04333-0016
TELEPHONE:  (207) 624-3571; FAX:  (207) 629-0424
WEB ADDRESS:  http://www.maine.gov/mdot/utilities/laws.php
E-MAIL FOR THIS FILING: brian.burne@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: theresa.savoy@maine.gov


AGENCY: 10-144 – Department of Health and Human Services, Office of Child & Family Services
RULE TITLE OR SUBJECT:  Rules for Levels of Care for Foster Homes
PROPOSED RULE NUMBER: 2009-P56
CONCISE SUMMARY:  These rules describe the procedures and requirements for Levels of Care.  The rules also identify the reimbursement rates associated with each Level of Care.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  5 MRSA §8052, 22 MRSA §42
PUBLIC HEARING:  April 27, 2009 at 4:00 pm at DHHS, 2 Anthony Avenue, Augusta, Maine
DEADLINE FOR COMMENTS:  May 7, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  James Pelletier, Dept. of Health & Human Services, Office of Child & Family Services, 2 Anthony Avenue, Augusta, ME  04333
TELEPHONE:  (207) 624-7900; FAX:  (207) 287-6156
EMAIL:  james.pelletier@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY: 16-163 – Department of Public Safety, Bureau of Emergency Medical Services
RULE TITLE OR SUBJECT:  Maine Emergency Medical Services System Rules, Ch. 1-17
PROPOSED RULE NUMBER: 2009-P57 through P69
CONCISE SUMMARY:
  The proposed rules changes will:
* Adopt or amend rules regarding definitions, licensing requirements, equipment requirements, and scopes of practice for EMS services and individual EMS providers to ensure consistency with Maine EMS law and EMS protocol.
* Adopt definitions regarding Federal Aviation Administration (FAA), Federal Aviation Rules (FAR), Patient Care Report, Paramedic Interfacility Transfer (PIFT), PIFT Service, and PIFT Provider, and Training Centers.
* Amend rules regarding the types of EMS services that are licensed by the Board and the service licensing process.
* Amend rules regarding air ambulance services.
* Amend rules regarding scene response air ambulance services.
* Amend rules for service level quality assurance and quality improvement.
* Amend rules regarding the licensing of emergency medical services providers.
* Amend rules regarding education and testing requirements for EMS licensees.
* Amend rules regarding approval of EMS licensing courses.
* Amend rules regarding licensing and training of EMD providers and centers.
* Adopt rules regarding EMS education, training entities and instructor certification.
* Amend rules regarding sexual misconduct by EMS providers.
* Adopt rules that the Maine EMS Board shall delineate Regions within the State according to statute.
Copies of the proposed rules and summary document may be viewed or downloaded from the Maine EMS website at http://www.maine.gov/dps/ems
A copy of the Statement of Impact on Small Businesses may be obtained from Maine Emergency Medical Services.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  32 MRSA, Chapter 2-B, §81.1 Et seq.
PUBLIC HEARINGS: 
* Monday April 27, 2009 – Central Maine Medical Center, Conference Room H, Lewiston, Maine at 6:30 p.m.
* Monday April 27, 2009 – Franklin Memorial Hospital Board Room, Farmington, Maine at 6:30 p.m. (via videoconference with CMMC Lewiston)
* Monday April 27, 2009 – Rumford Community Hospital, Conference Room A, Rumford, Maine at 6:30 p.m. (via videoconference with CMMC Lewiston)
* Monday April 27, 2009– Stephens Memorial Hospital, Administrative Conference Room, Norway, Maine at 6:30 p.m. (via videoconference with CMMC Lewiston)
* Tuesday April 28, 2009 – Eastern Maine Community College, Room 501A, Rangeley Hall, Bangor, Maine at 6:30 p.m.
* Tuesday, April 28, 2009 – Washington County Community College, Multi-Media Room, Calais, Maine at 6:30 p.m. (via videoconference with EMCC Bangor.)
* Tuesday, April 28, 2009 – Penquis Higher Education Center, Dover Foxcroft at 6:30 p.m. (via videoconference with EMCC, Bangor.)
* Tuesday April 28, 2009 – Dana Center, Maine Medical Center, 20 Bramhall St Portland,, Maine 6:30 p.m.
* Wednesday, April 29, 2009 - Maine Emergency Medical Services, DeChamplain Conference Room, 45 Commerce Center Drive, Augusta, Maine at 6:30 p.m.
* Wednesday, April 29, 2009 – Maine Career Center, 22 Spruce St. Presque Isle, Maine at 6:30 p.m. (This hearing may be held via videoconference)
* Thursday, April 30, 2009 - Town of Union Municipal Building, 567 Common Rd. Union, Maine at 6:30 p.m.
DEADLINE FOR COMMENTS:  May 10, 2009
AGENCY/SMALL BUSINESS IMPACT CONTACT PERSON:  Alan P. Leo, Maine Emergency Medical Services, 152 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 626-3866; FAX:  (207) 287-6251
E-MAIL: alan.p.leo@maine.gov


ADOPTIONS


AGENCY:  65-407 – Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 301, Standard Offer Service
ADOPTED RULE NUMBER: 2009-140
CONCISE SUMMARY:  The Commission adopts amendments to its standard offer rule to implement recently enacted legislation that allows for consumer-owned transmission and distribution utilities to aggregate their load for the purpose of providing standard offer service to customers within their service territories.  The Commission also amends the standard offer rule to clarify its authority with respect to its financial security provisions in light of the current financial and credit market circumstances.
EFFECTIVE DATE: April 4, 2009
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Paula J. Cyr, Public Utilities Commission,  242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL:  paula.cyr@maine.gov


AGENCY:  10-144 – Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE:  Ch. 301, Food Supplement Program Emergency Rule 166E- The American Recovery and Reinvestment Act of 2009: Increase in Minimum/Maximum Allotments and Lifting Participation Limits for Able-Bodied Adults Without Dependents (ABAWD).
ADOPTED RULE NUMBER: 2009-141 
CONCISE SUMMARY: This rule implements the following changes to comply with Federal Law:

  1. Increases the minimum Food Supplement Program benefit from $14 to $16
  2. Increases maximum benefits by 13.6%, rounded to nearest whole dollar
  3. Remove program participation time limit for Able-bodied adults without dependents (ABAWD) 

This Rule is not expected to fiscally impact municipal or county budgets and will not impose new burdens on small businesses.
EFFECTIVE DATE:  April 1, 2009
AGENCY CONTACT PERSON:  Robert L. Thibodeau, Program Manager, Food Supplement Program, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5054; TTY:  (800) 606-0215
EMAIL:  bob.thibodeau@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  18-125 – Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations -- 2009
ADOPTED RULE NUMBER: 2009-142
CONCISE SUMMARY:  The rule fulfills the requirement that each year the State Tax Assessor determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law.  This rule is applicable to the 2009 tax year.  A copy of the statement of the economic impact on small business to be prepared by Maine Revenue Services pursuant to 5 M.R.S.A. § 8052(5-A) with respect to the proposed rule may be obtained after the close of the comment period and prior to the adoption of the proposed rule by contacting the Agency Contact Person listed below.
EFFECTIVE DATE: April 5, 2009
AGENCY CONTACT PERSON: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536; FAX: (207) 287-3294
E-MAIL:  john.w.sagaser@maine.gov

E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: domna.giatas@maine.gov


AGENCY:  06-096 – Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 150, Control of Emissions from Outdoor Wood Boilers
ADOPTED RULE NUMBER:  2009-143
CONCISE SUMMARY:    The Board of Environmental Protection adopted amendments to Chapter 150, Control of Emissions from Outdoor Wood Boilers.  The amendments incorporate requirements for outdoor pellet boilers including setback from neighboring properties and minimum stack height.  Outdoor pellet boilers are also subject to other requirements including nuisance conditions, visible emissions standards, and approved fuel.  Those outdoor pellet boilers meeting a particulate emission standard of 0.06 lbs/MMBtu heat output are subject to reduced setback (20 feet from the nearest property line and 40 feet from the nearest dwelling) and stack height requirements.  Copies of this rule are available upon request by contacting the Agency Contact Person listed below or on the DEP website at www.maine.gov/dep/air/regulations/recentlyadopted.htm.
EFFECTIVE DATE:  April 7, 2009
AGENCY CONTACT PERSON:  Carolyn Wheeler, Bureau of Air Quality Control, 17 State House Station, Augusta, Me 04333
TELEPHONE: (207) 287-2437
EMAIL:  carolyn.wheeler@maine.gov  
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON:  terry.hanson@maine.gov