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Home > Weekly Notices > March 17, 2010

March 17, 2010

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: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 930, Solar and Wind Energy Rebate Program
PROPOSED RULE NUMBER: 2010-P52
CONTACT PERSON FOR THIS FILING: Benjamin J. Smith, Staff Attorney. E-mail: Benjamin.J.Smith@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: April 6, 2010, 1:00 p.m. Public Utilities Commission, Worster Room, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: March 30, 2010. Parties will have until April 13, 2010 in order to submit comments following the hearing. Written comments should refer to Docket No. 2010-16
BRIEF SUMMARY: The Commission initiates this rulemaking proceeding in order to amend Ch. 930 by establishing a simple payback calculation as part of the application process for wind and solar energy rebates that requires applicants to meet certain cost-effective performance standards.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 104, 111, 1301, 3211-C, P.L. 2009, ch. 88
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://www.maine.gov/mpuc/
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 90, Physician Services
PROPOSED RULE NUMBER: 2010-P53
CONCISE SUMMARY: The Department is making changes to MaineCare Benefits Manual, Ch. 101 Section 90, Physician’s Services, Ch. II. The changes increase the MaineCare reimbursement rate for physician services from 56.94% to 70% effective March 1, 2010. This increase will not include reimbursement for procedures performed by radiologists, radiation oncologists, and pathologists, who currently receive a higher rate of reimbursement. No procedure codes are decreased as a result of this rulemaking. Furthermore, this increase does not apply to other sections of policy within the MaineCare Benefits Manual, Chapter 101. Providers can visit the Office of MaineCare’s website for the current fee schedule. The fee schedule can be found at http://portalxw.bisoex.state.me.us/oms/proc/pub_proc.asp?cf=mm .
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: April 5, 2010, Conference Room #3, 9 a.m., Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before April 2, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight April 15, 2010.
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-4460. Fax: (207): (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Nicole.Rooney@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 55, Gear Restrictions: 55.90, Menhaden Pilot Program
PROPOSED RULE NUMBER: 2010-P54
CONCISE SUMMARY: The Menhaden Pilot Program is proposed to be extended for two years from the current sunset date of June 1, 2010 to June 1, 2012. No other amendments are proposed.
AGENCY CONTACT PERSON: Lt. Jon Cornish: (207) 633-9595
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARING: April 5, 2010, 6:00 p.m., DMR Large Conf Rm, 194 McKown Pt Rd, W Boothbay Harbor, ME
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: April 15, 2010. To ensure consideration, comments must include your name and the organization you represent, if any. Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO: DMR, attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008. Web: www.maine.gov/dmr/rulemaking . E-mail: Laurice.Churchill@Maine.gov . Fax: (207) 633-9579. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207)287-7578.



AGENCY: 94-411 - Maine Public Employees Retirement System
RULE TITLE OR SUBJECT: Ch. 101, Average Final Compensation
PROPOSED RULE NUMBER: 2010-P55
CONCISE SUMMARY: The Maine Public Employees Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being amended to: 1) change the title of the rule; 2) incorporate the statutory definition of earnable compensation; 3) incorporate the substance from Ch. 403, proposed to be repealed; 4) remove a section on service credit for certain activities, proposed to be incorporated into Ch. 404, the comprehensive rule that governs service credit; 5) incorporate statutory changes not previously updated in the rule; 6) make the treatment of unused sick and vacation leave consistent with other service credit determinations; and 7) update and clarify language throughout the rule.
STATUTORY AUTHORITY: 5 MRSA §17103(4)
RULE TITLE OR SUBJECT: Ch. 403, Crediting of Sick Leave under 5 MRSA §1094 sub-§16
PROPOSED RULE NUMBER: 2010-P56
CONCISE SUMMARY: The Maine Public Employees Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being repealed and the substance of the rule is incorporated into proposed rule Ch. 101, the comprehensive rule that governs earnable compensation and average final compensation matters.
STATUTORY AUTHORITY: 5 MRSA §§ 17001(4); 17001(13); and 17103(4)
RULE TITLE OR SUBJECT: Ch. 404, Membership and Creditable Service – Public School Teachers
PROPOSED RULE NUMBER: 2010-P57
CONCISE SUMMARY: The Maine Public Employees Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being amended to: 1) incorporate language regarding service credit for certain activities, proposed to be removed from Ch. 101; and 2) clarify language throughout the rule to reflect that service credit for teachers is granted consistent with the manner in which compensation is paid and normal work schedules are established.
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4) and 17651
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: April 8, 2010 at 1:00 p.m. at the Maine Public Employees Retirement System, Second Floor Conference Room, Two Central Plaza, Corner of Sewall and Capital Streets, Augusta, Maine
DEADLINE FOR COMMENTS: April 20, 2010
AGENCY CONTACT PERSON: Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046 Telephone: 512-3190 or 1 (800) 451-9800. E-mail: Kathy.Morin@Mainepers.org
URL: http://www.mainepers.org


ADOPTIONS



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 & III Section 23, Developmental and Behavioral Evaluation Clinic Services
ADOPTED RULE NUMBER: 2010-74
CONCISE SUMMARY: The adopted rules specify new service descriptions accompanied by HIPPA compliant coding with new hourly rates.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: April 1, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



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 & III Section 27, Early Intervention Services
ADOPTED RULE NUMBER: 2010-75
CONCISE SUMMARY: The adopted rules repeal Section 27, Early Intervention Services. Because this rule change is a repeal, there is no cost of implementation or compliance imposed by this rule on municipalities, counties or small businesses.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: March 10, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



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 & III Section 104, School Based Rehabilitation Services
ADOPTED RULE NUMBER: 2010-76
CONCISE SUMMARY: The adopted rules repeal Section 104, School Based Rehabilitation Services. Because this rule change is a repeal, there is no cost of implementation or compliance imposed by this rule on municipalities, counties or small businesses.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: March 10, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 263, Maine Comprehensive & Limited Environmental Laboratory Certification Rules
ADOPTED RULE NUMBER: 2010-77
CONCISE SUMMARY: The rule is intended to reduce regulatory barriers for laboratories that have obtained or seek to obtain certification with the State of Maine. These changes remove ambiguous direction due to conflicting policies among agencies and correct inadequate lists of analytes available for certification, in order to help the Maine Laboratory Certification Program expand their use of certified laboratories. This change will ensure that data of known quality is used to make sound decisions for the protection of human health and the environment.
EFFECTIVE DATE: April 1, 2010
AGENCY CONTACT PERSON: Tera R. Pare, Rulemaking Coordinator, Division of Environmental Health, 286 Water Street, 3rd Floor, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
URL: http://www.maine.gov/dhhs/boh/index.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 415, Reasonable Costs for Handling and Recycling of Electronic Wastes
ADOPTED RULE NUMBER: 2010-78
CONCISE SUMMARY: Maine’s Electronic Waste law requires manufacturers to finance the “reasonable costs” of transportation from collection sites, handling, and environmentally sound recycling of household e-waste. The process and criteria for determining reasonable costs are set forth in Ch. 415. The amendments implement recent statutory changes including: clarification of definitions, streamlining of submittal requirements for manufacturers, the addition of desktop printers and game consoles as products subject to the manufacturer responsibility requirements, and a change in the financing basis for televisions from “return share” (actual weight of a manufacturer’s product recycled) to “market share” (a percentage of the total weight of the product recycled). Other revisions clarify the application process for consolidators, simplify consolidator handling responsibilities, clarify consolidator and manufacturer responsibilities when a manufacturer selects its recycler, and clarify that consolidators may impose a finance charge on invoiced amounts outstanding for more than 90 days.
EFFECTIVE DATE: March 13, 2010
AGENCY CONTACT PERSON: Carole Cifrino, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7720. E-mail: Carol.A.Cifrino@Maine.gov .
URL: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 18-125 – Department of Administrative and Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 601, Estate Tax
ADOPTED RULE NUMBER: 2010-79
CONCISE SUMMARY: Rule 601 provides comprehensive definitions and explanations of statutory terms and procedures for Maine estate tax returns. Specifically, the proposed Rule is updated to conform with recent law changes as follows. The proposed Rule discusses the ongoing application of the tax, includes the prior taxable gifts in the decedent’s Maine taxable estate, updates the definition of the final federal determination, and clarifies the discharge of a personal representative personal liability for estate tax. The proposed Rule also clarifies the requirements for the release of an estate tax lien. Additional changes were made to mirror statutory language and make editorial corrections and deletions.
EFFECTIVE DATE: March 14, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@maine.gov .
URL: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov



AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling of Low Income Housing Tax Credit Rule
ADOPTED RULE NUMBER: 2010-80
CONCISE SUMMARY: The Rule, as amended, is the qualified allocation plan for allocating and administering the 2010 and 2011 state ceiling of low income housing tax credits for the State of Maine.
EFFECTIVE DATE: March 15, 2010
AGENCY CONTACT PERSON: Jodie Stevens, Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633. Telephone: (207) 626-4600 (voice), (800) 452-4603 (TTY). E-mail: JStevens@mainehousing.org .
URL: http://www.mainehousing.org .
MSHA RULE-MAKING LIAISON: LUhl@MaineHousing.org



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 521, Rule Amendment Pertaining to Post-Construction Storm Water Discharges in Urban Impaired Stream Watersheds
ADOPTED RULE NUMBER: 2010-81
CONCISE SUMMARY: Existing rule Ch. 521 pertains to applications for waste discharge licenses. Section 9 of the rule pertains to storm water discharges. This rule amendment creates a new section, 9-A, which applies to an owner or operator of property in an urban impaired stream watershed that has been designated by the U.S. Environmental Protection Agency (EPA) pursuant to the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and 40 C.F.R. §122.26(a)(9)(i)(D), or the Maine Department of Environmental Protection (DEP) pursuant to Ch. 521(9)(a)(1)(v) as requiring a storm water discharge permit due to post-construction stormwater flow from impervious area. The rule contains standards that would need to be met by a permittee who chooses to file for an individual permit. An alternative general permit has been issued by the DEP for the Long Creek watershed, located in South Portland, Portland, Westbrook and Scarborough, which has already been designated by EPA.
EFFECTIVE DATE: March 16, 2010
AGENCY CONTACT PERSON: Don Witherill, Department of Environmental Protection, 17 State House Station; Augusta, ME 04333. Telephone: (207) 287-7725. E-mail: Donald.T.Witherill@Maine.gov .
URL: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov