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Home > Weekly Notices > October 20, 2010

October 20, 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: 10-146 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 13, Municipal Service Fee
PROPOSED RULE NUMBER: 2010-P271
CONTACT PERSON FOR THIS FILING: Elana Jellison. Telephone: (207) 287-1911. E-mail: Elana.Jellison@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: November 10, 2010, 286 Water Street, Augusta, ME Room 16, 9 a.m.
COMMENT DEADLINE: November 20, 2010
BRIEF SUMMARY: The proposed rules will authorize the Department to assess a municipal service fee upon municipalities to realize necessary revenues to sustain its administration of the vital records system in Maine. It is anticipated that the municipal service fee will generate revenues of $442, 665 in FY 2010-11 which will be dedicated to the operation of the vital records system by the Department.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 22 MRSA §263; these rules are major substantive rules as defined by Title 5, chapter 375, subchapter 2A.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dhhs/boh/phs/odrvs/index.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.05, Moose Hunting
PROPOSED RULE NUMBER: 2010-P272
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule establishing the number of moose hunting permits to be issued for the 2011 season. Permits will be issued for bulls, antlerless and any-moose. This proposal allocates permits for Wildlife Management Districts 22 and 25 which were opened to moose hunting for the November season in June of 2010. Permits are allocated according to Wildlife Management District as follows:

  WMD 1 – 120 bulls / 20 antlerless
WMD 2 – 125 bulls/ 125 antlerless
WMD 3 – 200 bulls / 290 antlerless
WMD 4 – 255 bulls
WMD 5 – 125 bulls
WMD 6 – 220 bulls / 280 antlerless
WMD 7 – 125 bulls
WMD 8 – 235 bulls
WMD 9 – 50 bulls
WMD 10 – 100 bulls / 10 antlerless
WMD 11 – 160 bulls / 120 antlerless
WMD 12 – 35 bulls / 20 antlerless
WMD 13 -- 35 bulls / 10 antlerless
WMD 14 – 35 bulls
WMD 15 – 25 any-moose*
WMD 16 – 20 any-moose*
WMD 17 – 30 bulls / 30 antlerless
WMD 18 – 70 bulls / 20 antlerless
WMD 19 – 80 bulls / 20 antlerless
WMD 22 – 20 any-moose
WMD 23 – 45 any-moose*
WMD 25 – 45 any-moose
WMD 26 – 45 any-moose*
WMD 27 – 25 bulls
WMD 28 – 35 bulls
TOTAL: 2,060 bulls/945 antlerless/200 any-moose
In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear baiting season and remain open for 6 days and in WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 27, and 28 the season will begin on the second Monday of October and remain open for 6 days. In addition, there shall be an open season in WMDs 2, 3, 6, and 11 to begin on the first Monday of November and remaining open for 6 days.
In WMDs 15, 16, 22, 23, 25 and 26, the season begins the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving; the Saturday preceding the first day of this season is open for the hunting of moose by permit holders who are residents of this State only. The term “any-moose” means a moose of either sex. Persons hunting moose during this season must comply with the same hunter orange requirements as deer hunters. The legal hunting hours will be from ˝ hour before sunrise to ˝ hour after sunset.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11551
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: November 19, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041. E-mail: Andrea.Erskine@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/



AGENCY: 07-102 - Governor’s Office
CHAPTER NUMBER AND TITLE: Ch. 101, Establishment of the Capital Investment Fund
PROPOSED RULE NUMBER: 2010-P273
CONTACT PERSON FOR THIS FILING: Trish Riley, Governor’s Office of Health Policy & Finance, 15 State House Station, Augusta, Maine 04333-0015. Telephone: (207) 624-7442. E-mail: Trish.Riley@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: N/A
COMMENT DEADLINE: November 19, 2010
BRIEF SUMMARY: The Capital Investment Fund (CIF) is a limit on what hospitals and other health care providers may spend on capital investment. It is required by 2 MRSA §102. Its purpose is to assist in lowering health care costs by assuring that Maine has the health care system it needs and can afford but not more. The proposed amendment addresses issues that have been raised about the current rule during its four years of operation, namely the formula and debiting rules and their impact on hospital planning. This proposed CIF rule was developed after input from the Legislature’s Health and Human Services Committee, stakeholder meetings held throughout the summer of 2008, and was deliberated extensively and approved by the Advisory Council on Health Systems Development (ACHSD).
The CIF rule contained herein has already been promulgated and approved by the Legislature. Staffing changes resulted in failure of this rule to be finally adopted by GOHPF within 60 days pursuant to 5 MRSA §8072(8). However, nothing in this rule has changed since that review process and approval by the Legislature. This rule was enacted as an emergency rule effective August 11, 2010.
IMPACT ON MUNICIPALITIES OR COUNTIES: None expected.
STATUTORY AUTHORITY FOR THIS RULE: 2 MRSA §§ 101 and 102
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/governor/baldacci/cabinet/health_policy.html


ADOPTIONS



AGENCY: 16-635 - Department of Public Safety, Bureau of Building Codes and Standards
CHAPTER NUMBER AND TITLE: Ch. 1 thru 6 (New; all chapters)
ADOPTED RULE NUMBER: 2010-466 thru 471
CONCISE SUMMARY: These rules establish a state-wide Maine Uniform Building and Energy Code. Municipalities with an existing model building code in place on 8/1/2008 with populations over 2,000 persons will be required to enforce the code beginning December 1st, 2010. Municipalities with no model building code in place on 8/1/2008 with populations over 2,000 persons will be required to enforce the code beginning July 1st, 2011
The Maine Uniform Building and Energy Code is established under the authority of Title 10, Section 9722. The Bureau of Building Codes and Standards was created within the Department of Public Safety. The Technical Building Codes and Standards Board established in Title 5, Section 12004-G, sub-section 5-A was established to adopt, amend and maintain the Maine Uniform Building and Energy Code, to resolve conflicts between the Maine Uniform Building and Energy Code and the fire and life safety codes in Title 25, sections 2452 and 2465 and to provide for training for municipal building officials, locale enforcement officers and 3rd party inspectors.
Title 10, section 9722, subsection 6 specified that the Maine Uniform Building and Energy Code must be composed of the substance of the following, with administrative and other minor changes to customize the codes for Maine:
a.) the 2009 edition of the International Building Code;
b.) the 2009 edition of the International Existing Building Code;
c.) the 2009 edition of the International Residential Code;
d.) the 2009 edition of the International Energy Conservation Code;
e.) the ASHRAE Standards 62.1, 62.2 and 90.1; and
f.) the Maine model radon standard for new residential construction set forth in Title 25, section 2466 and associated rules.
To purpose of the rule is to standardize the variety of building codes into a statewide uniform building and energy code which when enforced in a consistent manner will reduce confusion in the proper application of construction regulations. This standardization will aid in the design process, specify clear and concise criteria for all parties. Thereby streamlining the permitting process and controlling associated costs.
The rule determines how the Department of Public Safety; Bureau of Building Codes and Standards administers the code adoption and amendment process. The rule determines how the individual municipalities administer and enforce the provisions of the Maine Uniform Building and Energy Code.
EFFECTIVE DATE: October 11, 2010
AGENCY CONTACT PERSON: Richard A. Dolby, Department of Public Safety, Bureau of Building Codes and Standards, 45 Commerce Drive, 165 State House Station, Augusta, Maine 04333-0165. Telephone: (207) 624-7006. E-mail: Richard.A.Dolby@Maine.gov .
WEBSITE: http://www.maine.gov/dps/bbcs/



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 24.10(D)(6), Maine – Restricted Area for American Oyster
ADOPTED RULE NUMBER: 2010-496 (EMERGENCY)
CONCISE SUMMARY: This emergency rulemaking adds the territorial waters between Ocean Point, Linekin Neck, Boothbay to Pemaquid Point, Bristol to the list of restricted areas for the movement of the American oyster (Crassostrea virginica) when the size of the oyster is greater than 3 mm due to the confirmed presence of MSX. Members of the Damariscotta river area shellfish aquaculture industry have requested this emergency rulemaking and the Department found that emergency rulemaking is appropriate and necessary to prevent the spread of this disease. Separate regular rulemaking will be forthcoming to address the long term impact of this situation. A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests. For more information see online information listed or contact below.
A copy of the rule is available online at http://www.maine.gov/dmr/rulemaking/ or to receive a copy by mail see agency contact information listed.
EFFECTIVE DATE: October 11, 2010
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Hbr, ME 04575. Telephone: (207) 633-9584). TTY: (207) 633-9500. E-mail: Laurice.Churchill@Maine.gov
WEBSITE: http://www.maine.gov/dmr/index.htm