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Home > Weekly Notices > November 25, 2009

November 25, 2009

WEEKLY NOTICES 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: 01-001 – Department of Agriculture, Food & Rural Resources, Division of Plant Industry
CHAPTER NUMBER AND TITLE: Ch. 9, Rule Requiring Best Management Practices for Growing Crops to Minimize Cross Contamination
PROPOSED RULE NUMBER: 2009-P326
CONTACT PERSON FOR THIS FILING: Robert I. Batteese, Jr., Director, Division of Plant Industry, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7550. E-mail: Robert.Batteese@Maine.gov
PUBLIC HEARING: Monday, December 14, 2009 at 10:00 a.m. in Room 319 Deering Building at the AMHI Complex in Augusta
COMMENT DEADLINE: 4 p.m. on Monday, December 28, 2009
BRIEF SUMMARY: This rule requires any person planning to grow a crop to follow best management practices in order to maintain the integrity of all crops and minimize potential conflict between farmers. It also describes several best management practices a person must consider in planning and producing the crop.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 7 MRSA Ch. 1, §12 and 7 MRSA Ch. 103, §1051 - §1054
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N.A.
URL: http://www.maine.gov/agriculture/pi/
E-MAIL FOR DEPARTMENT OF AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 12-170 – Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 17, Rules Regarding Proof of Ownership by Employers Employing Foreign Laborers to Operate Logging Equipment
PROPOSED RULE NUMBER: 2009-P327
CONCISE SUMMARY: The purpose of this Chapter is to provide standards and a reporting methodology for employers engaged in logging that hire foreign laborers under the H2 visa program to show compliance with the ownership requirements under 26 MRSA §872. These amendments are necessary to provide guidance in response to emergency amendments to the law passed in the First Regular Session of the 124th Legislature (2009 PL c. 201 and 381). Failure to adopt these changes will result in significant adverse impact on the welfare of Maine workers seeking employment in the logging industry.
THIS RULE WILL NOT? HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §872
PUBLIC HEARING: December 18, 2009, Fort Kent Town Hall, 1:00 p.m.
DEADLINE FOR COMMENTS: December 29, 2009
AGENCY CONTACT PERSON: William A. Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 623-7931
E-MAIL: William.A.Peabody@Maine.gov
URL: http://www.maine.gov/labor/bls/
AGENCY RULE-MAKING LIAISON FOR THE DEPARTMENT OF LABOR: Adam.C.Fisher@Maine.gov



AGENCY: 04-061 - Maine Land Use Regulation Commission
PROPOSED RULE NUMBERS: 2009-P328 and P329
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Amendments to Appendix F, Expedited Wind Energy Development Area Designation
CONTACT PERSON FOR THESE FILINGS: Marcia Spencer Famous, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 2872631. E-mail: Marcia.Spencer-Famous@Maine.gov .
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 684; 685-A(7-A), (13); 685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Same
URL: http://www.maine.gov/doc/lurc/index.shtml
OVERALL DEPARTMENT OF CONSERVATION RULE-MAKING LIAISON: Eliza.Townsend@Maine.gov
2009-P328: TRANSCANADA PETITION
PUBLIC HEARING:
Part I - December 16, 2009, at the Senator Inn, 284 Western Ave., Augusta, ME, starting at 9:00 a.m.
Part II - March 17, 2010, at Sugarloaf Inn, 5092 Sugarloaf Access Rd., Carrabassett Valley, starting at 10:00 am.
COMMENT DEADLINE: Following the close of Part II of the hearing, there will be an additional 10 day period for written comments to be submitted ending on March 29, 2010, followed by a 7 day rebuttal period ending on April 5, 2010, at which time the record for the rulemaking will close.
BRIEF SUMMARY: TransCanada Maine Wind Development, Inc. (“TransCanada”) has petitioned the Land Use Regulation Commission (Commission) to expand the expedited wind energy permitting area by adding an approximately 631-acre parcel located in Chain of Ponds Township, Franklin County. In the expedited wind energy permitting area, wind energy development is an allowed use with a permit, and no subdistrict rezoning is required.
A two-part public hearing will be held, and the public is invited to testify at either or both parts of the hearing. The Commission requests, if possible, that those testifying at the hearing bring a written copy of their testimony for filing in the record.
Part I of the public hearing will include a panel discussion, addressing 35-A MRSA §3453, the statutory criteria for expanding the expedited wind energy development area. The panel will begin at 9:30 a.m., and the Commission will hear general public comment on the statutory criteria starting at 11:30 a.m.
Following the close of Part One of the hearing, the Commission will develop a draft Guidance Document to clarify the meaning of the criteria set forth in 35-A MRSA §3453. There will be a written public comment period on the draft Guidance Document from January 25, 2010 to February 10, 2010.
Part II of the public hearing will address the petition filed by TransCanada.
Written comments addressing the statutory criteria, the draft Guidance Document, and the petition, including data, views or arguments, may be submitted by US Postal Service Mail to “LURC, 22 State House Station, Augusta, ME 04333” or by e-mail to lurc@maine.gov (include in subject line “TransCanada”) for consideration by the Commission.
Additional information, including a longer, more detailed notice of the rulemaking and the text of the proposed rule, may be obtained by contacting Marcia Spencer-Famous or by visiting the Commission’s web site at: http://www.maine.gov/doc/lurc/projects/Transcanada/Transcanada.shtml .
DETAILED SUMMARY FOR TRANSCANADA PETITION RULE
The 123rd legislature enacted, “An Act to Implement Recommendations of the Governor’s Task Force on Wind Power Development”, Public Law 2007, Ch. 661 as emergency legislation that became effective April 18, 2008. The Act established the expedited permitting area for wind energy development in the jurisdiction of the Land Use Regulation Commission, and subsequently the Commission adopted through rule-making the description and map of the expedited permitting area. The description and map of the expedited permitting area were placed into the Commission’s rules as Appendix F to Ch. 10, Land Use Districts and Standards. 12 MRSA §685-A(13) provides for expansion of the expedited permitting area by the Commission in accordance with 35-A MRSA §3453, which states:
“The Maine Land Use Regulation Commission may, by rule adopted in accordance with Title 5 Ch. 375, add a specified place in the State’s unorganized or de-organized areas to the expedited permitting area. In order to add a specified place to the expedited permitting area, the Maine Land Use Regulation Commission must determine that the proposed addition to the expedited permitting area:
1. Geographic extension. Involves a logical geographic extension of the currently designated expedited permitting area;
2. Meets state goals. Is important to meeting the state goals for wind energy development established in §3404; and
3. Principal values and goals. Would not compromise the principal values and the goals identified in the comprehensive land use plan adopted by the Maine Land Use Regulation Commission pursuant to Title 12, §685-C.
Rules adopted by the Maine Land Use Regulation Commission pursuant to this section are routine technical rules as defined in Title 5, Ch. 375, subchapter 2-A.”
Analysis and Expected Operation of the Rule
TransCanada’s proposed rule change would add a 631-acre parcel to the expedited permitting area for wind energy development in Chain of Ponds Township, Franklin County. The purpose of the proposed addition is to provide a future expansion opportunity for the existing Kibby Wind Project, which is currently wholly located within the expedited permitting area in Kibby and Skinner Twps. By adding the parcel to the expedited permitting area, any future wind energy development located within that parcel would be subject to the provisions of PL 2007, Ch. 661. In the expedited permitting area, wind energy development is an allowed use with a permit, and no subdistrict rezoning is required.
Public Hearing
A two-part public hearing will be held, and the public is invited to testify at either or both parts of the hearing. The Commission requests, if possible, that those testifying at the hearing bring a written copy of their testimony for filing in the record.
1. Part One. Part One of the hearing will be held on December 16, 2009, at the Senator Inn, 284 Western Ave., Augusta, ME.
Part One of the hearing will be conducted as follows:
* 9:00 am - Opening Statement by the Commission Chair
* 9:30 to 11:30 - The Invited Panel will present testimony addressing the meaning of 35-A MRSA §3453, the statutory criteria enacted by P.L. 2007 c. 661 (“the Wind Energy Act”) for expanding the expedited wind energy development area. The panel will be asked to address the following questions:
- What did the Wind Energy Act, which enacted recommendations of the Governor’s Task Force on Wind Power Development (‘the Task Force”), do, and what did it not do?
- What do the § 3453 criteria, which the Commission must use when adding specific areas to the expedited permitting area, mean?
- How was the area designated as the windpower expedited permitting area developed?
* 11:30 to 12:30 – Public testimony regarding the same questions addressed by the panel.
* 12:30 to 1:30 - Break for lunch
* 1:30 - Resume public testimony regarding the same questions addressed by the panel.
* Deliberation by the Commission
* Closing Statement by Commission Chair
2. Guidance Document. Following the close of Part One of the hearing, the Commission will develop a Guidance Document to clarify the meaning of the criteria set forth in 35-A MRSA §3453, according to the following schedule:
* January 25, 2010: Draft Guidance Document available, by contacting Marcia Spencer-Famous or by visiting the Commission’s website at: http://www.maine.gov/doc/lurc/projects/Transcanada/Transcanada.shtml, for written public comment.
* February 3, 2010 Commission meeting: Discussion by Commission of draft Guidance Document
* February 10, 2010: End of public written comment period on draft Guidance Document
* March 3, 2010 Commission meeting: Consideration by Commission of Guidance Document
3. Part Two. Part Two of the hearing will be held on March 17, 2010 at Sugarloaf Inn, 5092 Sugarloaf Access Rd., Carrabassett Valley, starting at 10:00 am. The testimony accepted at Part Two of the hearing will focus on the petition by TransCanada to add a specified parcel in Chain of Ponds Twp., Franklin County, and the applicable statutory criteria set forth at 35-A MRSA §3453. Additional information on TransCanada’s proposal, including the petition submitted by TransCanada, may be found on the Commission’s website at: http://www.maine.gov/doc/lurc/projects/Transcanada/Transcanada.shtml .
Part Two of the hearing will be conducted as follows:
* Opening Statement by Commission Chair
* Summary of proposed expedited area expansion by TransCanada
* Questions by the Commission
* Public testimony
* Rebuttal statements by TransCanada
* Closing Statement by Commission Chair
2009-P329 – ERROR CORRECTION RULE
PUBLIC HEARING: None
COMMENT DEADLINE: December 28, 2009. A copy of these draft rules is available on the Commission’s web site at: http://www.maine.gov/doc/lurc/updates.shtml, or by contacting the Commission’s office at (207) 287-2631.
BRIEF SUMMARY: Public Law 2009, Ch. 415 (Part D) [reference LD 1475], corrected three errors in the description of the expedited permitting area in LURC’s jurisdiction, and requires the Commission to correct its rules accordingly. In addition, the proposed rule corrects a formatting error in the introductory paragraph to Appendix F that was identified by Commission staff.
DETAILED SUMMARY OF ERROR CORRECTION RULE
In the winter 2008 session of the legislature, “An Act to Implement Recommendations of the Governor’s Task Force on Wind Power Development”, Public Law 2007, Ch. 661, was passed and, as emergency legislation, became effective April 18, 2008. The Act required that the Commission adopt rules by September 1, 2008 that:
* Specify the “expedited permitting area” for wind energy development within the Commission’s jurisdiction. This area was already identified in the Act.
* Identify “expedited wind energy development” as a permitted use in all Commission zoning subdistricts.
In the last session of the legislature, “An Act To Correct Errors and Inconsistencies in the Laws of Maine”, Public Law 2009, Ch. 415 (Part D) [ reference LD 1475], was passed and, as emergency legislation, became effective on June 17, 2009. That Act corrected three errors in the description of the expedited permitting area in LURC’s jurisdiction, and requires the following action by this Commission, specifically:
“No later than June 1, 2010, the Maine Land Use Regulation Commission shall amend its rules adopted in accordance with Public Law 2007, Ch. 661, Part C, section 6 to make them consistent with corrections to the descriptions of the expedited permitting area for wind energy development made under sections 1 and 2 of this Part.”
In addition, a formatting error in the introductory paragraph to Appendix F that was identified by Commission staff is corrected. Specifically, “PL 2008, Ch. 661” will be changed to “PL 2007, Ch. 661”.



AGENCY: 06-069 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE:
Ch. 880, Regulation of Chemical Use in Children’s Products
Ch. 881, Fees; Chemical Use in Children’s Products
PROPOSED RULE NUMBER: 2009-P330 and P331
CONTACT PERSON: John James, DEP-BRWM, 17 State House Station, Augusta ME 04333; Telephone: (207) 287-7866; Fax (207) 287-7826; E-mail: John.James@Maine.gov
PUBLIC HEARING: 10:30 am, December 17, 2009, Holiday Inn (Ground Round), Civic Center Dr, Augusta ME
COMMENT DEADLINE: January 11, 2010. Comments may be submitted by mail, e-mail or fax. Include your name and the organization you represent, if any.
SUMMARY: Ch. 880 sets forth the circumstances under which and the process by which the Board of Environmental Protection may regulate the use of toxic chemicals in children’s products. Ch. 881 imposes fees on manufacturers of children’s products to cover costs incurred by the department in collecting, managing and reviewing information related to the use of toxic chemicals in the products. The proposed rules can be viewed and downloaded from: http://www.maine.gov/dep/rwm/rules/rulemaking.htm
IMPACT ON MUNICIPALITIES OR COUNTIES: The rules are not expected to have fiscal implications for municipalities or counties.
STATUTORY AUTHORITY: 38 MRS §341-D(1-B)
SUBSTANTIVE STATE LAW BEING IMPLEMENTED: Toxic Chemicals in Children’s Products, 38 MRS §§ 1691 through 1699-B
URL: http://www.maine.gov/dep/rwm/rules/rulemaking.htm
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


ADOPTIONS



AGENCY: 10-144 – Department of Health and Human Services (DHHS), Women Infants and Children's Nutrition Program
CHAPTER NUMBER AND TITLE: Ch 286, Maine WIC Program Rules
ADOPTED RULE NUMBER: 2009-602
CONCISE SUMMARY: The Food and Nutrition Services (FNS) Division of the United States Department of Agriculture provides funding for WIC Nutrition Programs throughout the country. FNS has adjusted the types and amounts of food that WIC Nutrition Programs can offer their participants. The proposed rules reflect these changes. This rule change will not impose an economic burden on small businesses.
EFFECTIVE DATE: November 21, 2009
AGENCY CONTACT PERSON: Lisa Hodgkins, WIC Nutrition Program, 286 Water Street, Augusta, ME 04330
TELEPHONE: (207) 287-5342
E-MAIL: Lisa.Hodgkins@Maine.gov
URL: http://www.maine.gov/dhhs/wic/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Subsection 27.2, Policy and Procedures Manual – Adult, Supervised Community Confinement Program
ADOPTED RULE NUMBER: 2009-603 (Emergency)
CONCISE SUMMARY: The Maine Department of Corrections is proposing to repeal and replace this rule on order to change from a process in which a prisoner’s application is the “driving force” for transfer to supervised community confinement to a process which Department of Corrections staff determine which prisoners, meeting the eligibility requirements for supervised community confinement, are reviewed for transfer to the program. In addition, the review process is streamlined by, for example, deleting the requirement to get Probation Officer input prior to review at the facility. Another change allows a medium custody prisoner to be reviewed, keeping in tact the requirement that the prisoner must be no more than minimum custody at the time of transfer.
The rule also reflects a recent change in the governing statute which permits the Commissioner to transfer to Supervised Community Confinement if it is determined by the Department’s Director of Medical Care that the prisoner has a terminal or severely incapacitating medical condition and that care outside a correctional facility is medically appropriate. Finally, minimum contact standards have been revised and a possible sanction of county jail confinement for violation of supervised community confinement has been added.
EFFECTIVE DATE: November 17, 2009
AGENCY CONTACT PERSON: Esther Riley, Department of Corrections, State House Station #111, Augusta, ME 04333
TELEPHONE: (207) 287-4681
E-MAIL: Esther.Riley@Maine.gov
URL: http://www.maine.gov/corrections/



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2009-604 (Emergency)
CONCISE SUMMARY: The Department has determined that the immediate adoption of these rules is necessary to avoid an immediate threat to public health, safety, or general welfare. The threat to public health is due to the expected escalation of H1N1 (swine flu) this fall. Accordingly, MaineCare is immediately adding reimbursement for administration of seasonal flu shots (H1N1) and other allowed vaccines under 32 MRSA §13831 for licensed Maine pharmacists retroactive to October 1, 2009. Furthermore, retroactive to November 1, 2009, MaineCare pharmacies who compound the drug Tamiflu for MaineCare children and other MaineCare members where there is a medical need and where the pharmacy is unable to provide Tamiflu Suspension will receive a $10.00 compounding fee. This is so that MaineCare children are not denied access to a medically necessary antiviral during this flu season.
This emergency rulemaking will allow the Department to immediately work with pharmacists so that they can be reimbursed for the administration of these vaccines. These rules will remain in effect for 90 days while the Department permanently adopts these changes in a proposed rulemaking. A public hearing will be held as part of that separate rulemaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 18, 2009
AGENCY CONTACT: Nicole Rooney, Health Planner, Division of Policy and Performance, 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/Hard of Hearing)
E-MAIL: Nicole.Rooney@Maine.gov
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.03, Expanded Archery Deer Hunting
ADOPTED RULE NUMBER: 2009-605
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule amending the Expanded Archery Deer Hunting Season by updating road names and routes within currently designated areas open as follows: the Portion of WMD 24 area, Towns of Camden, Owl's Head, Rockland Rockport, and Thomaston area and Towns of Bangor, Hampden, Hermon, Old Town, Orono, and Veazie area.
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/hunting_trapping/index.htm