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Home > Weekly Notices > June 15, 2011

June 15, 2011

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: 04-061 - Department of Conservation (DOC), Maine Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Proposed Rule Changes to Permit Subdivisions for Maple Sugar Processing Operations by Special Exception in M-GN Subdistrict
PROPOSED RULE NUMBER: 2011-P51
CONTACT PERSON FOR THIS FILING: Hugh Coxe, Maine Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2662. TTY: 1 (888) 577-6690. E-mail: Hugh.Coxe@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None. A 30-day public comment period will be held.
COMMENT DEADLINE: July 15, 2011
BRIEF SUMMARY: The Land Use Regulation Commission is seeking public comment on a citizen petition to amend Ch. 10, Land Use Districts and Standards, to permit commercial maple sugar processing subdivisions by special exception in the General Management (M-GN) subdistrict.
DETAILED BASIS STATEMENT / SUMMARY: Ch. 10, Land Use Districts and Standards, adopted in accordance with 12 MRSA §206-A, contains the rules of the Maine Land Use Regulation Commission including standards that set out the uses allowed in the various subdistricts of the Commission’s jurisdiction. The Land Use Regulation Commission has received a citizen petition to amend those rules to permit commercial maple sugar processing subdivisions by special exception in the General Management (M-GN) subdistrict. Maple sugar processing operations are an allowed use in the M-GN subdistrict but subdivisions are not.
The petition seeks a rule amendment to allow commercial subdivisions as a special exception in the M-GN when:
1. the subdivision is created by lease,
2. the leased lots are for the purpose of establishing and operating commercial maple sugar processing operations,
3. the applicant demonstrates that there is no alternative site in a development subdistrict which is both suitable and reasonably available,
4. the maximum number of leased lots does not exceed one (1) per every 300 acres of the lot or parcel being subdivided,
5. the maximum size of each leased lot is no more than 4 acres,
6. leased lots are separated by at least 1000 feet and cannot be located within 1000 feet of any shoreline of great ponds and major flowing waters, or any other type of residential or commercial development, and cannot be located within 1000 feet of any public road, and
7. transfer of the fee interest in each of the leased lots only with a deed restriction requiring that the lot be used only for commercial maple syrup production.
The proposed rule amendment provides a definition of the term “maple sugar processing operation” for clarity, and exempts commercial maple sugar processing subdivisions from the subdivision layout and design standards of 10.25.Q.3.b. The proposed rule revision is consistent with LURC policy as expressed in the Comprehensive Land Use Plan.
A copy of the above proposed rule changes may be viewed at the Commission’s main office at 18 Elkins Lane, Harlow Building, Augusta, Maine or may be downloaded from the agency’s web site at www.maine.gov/doc/lurc/index.shtml . To view the proposed rule changes at the Augusta office, please call the office in advance at (207) 287-2631.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §684; §685-A,3, 7-A, 8-B and 10; and §685-C, 5
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
DOC RULE-MAKING LIAISON: Dan.Burke@Maine.gov .


AGENCY: 16-219 - Department of Public Safety, Office of State Fire Marshal
RULE TITLE OR SUBJECT: Ch. 20, Fire Safety in Buildings and Structures
PROPOSED RULE NUMBER: 2011-P52
CONCISE SUMMARY: Ch. 20 currently incorporates three National Fire Protection Association (NFPA) standards: NFPA #80, Standard for Fire Doors and Other Opening Protectives, 2007 edition; and NFPA #101, Life Safety Code, 2006 edition; and NFPA #220, Standard on Types of Building Construction, 2006 edition. This amendment updates the rule by incorporating the 2010 edition of NFPA #80 and the 2009 edition of NFPA #101. The rule does not incorporate provisions of NFPA #101, the Life Safety Code, that conflict with the Maine Uniform Building and Energy Code adopted by the Technical Building Codes and Standards Board pursuant to 10 MRSA §9722.
This rule will not have a fiscal impact on municipalities.
STATUTORY AUTHORITY: 25 MRSA §2452; 8 MRSA §236
PUBLIC HEARING: July 5, 2011 at 1:00 p.m., Department of Public Safety, 45 Commerce Dr., Augusta, Maine 04330 in Florian Hall
DEADLINE FOR COMMENTS: July 18, 2011 at 5:00 p.m.
AGENCY/SMALL BUSINESS IMPACT CONTACT: Richard E. Taylor, Senior, Research and Planning Analyst, Department of Public Safety, Office of State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052. Telephone: (207) 626-3873. E-mail: Richard.E.Taylor@Maine.gov .
WEBSITE: http://www.maine.gov/dps/fmo/index.htm


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 375, No Adverse Environmental Effect Standard of the Site Location Law, Section 10: Control of Noise, Sound Level Limits and Measurements for Wind Turbine Projects
PROPOSED RULE NUMBER: 2011-P53
CONTACT PERSON FOR THIS FILING: James Cassida, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 592-1864. Fax: (207) 287-7826. E-mail: James.Cassida@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
PUBLIC HEARING: Thursday, July 7, 2011 beginning at 8:30 a.m. at the Augusta Civic Center, 76 Community Drive, Augusta, Maine. The morning will be allocated primarily to receiving expert testimony on the technical aspects of the proposed rule. The afternoon will be allocated primarily to receiving testimony from the interested public on the proposed rule. The proposed rule is available on the Board’s webpage at http://www.maine.gov/dep/bep/index.htm . The hearing is on the proposed noise rule, not on particular wind power developments.
Given the highly technical nature of some aspects of the proposed rule, the Board encourages persons to file technical information in advance of the hearing and to be present at the hearing to address questions from the Board on the substance of their filing. All testimony filed with the Board prior to Wednesday, June 22, 2011 will be posted on the Board’s webpage at http://www.maine.gov/dep/bep/index.htm by Friday, June 24, 2011 for review by interested persons prior to the hearing.
COMMENT DEADLINE: The deadline for comment on the petitioners’ proposed rule is 5:00 p.m. on Monday, July 18, 2011. Comments may be submitted by mail, e-mail or fax. To ensure that the comments are considered, they must include your name and the organization you represent, if any.
BRIEF SUMMARY: The Maine Administrative Procedure Act, 5 MRSA §8055(3), states: “Whenever a petition to adopt or modify a rule is submitted by 150 or more registered voters of the State, the agency shall initiate appropriate rulemaking proceedings within 60-days after receipt of the petition.”
The citizen petition seeks to amend Ch. 375, Section 10 Control of Noise by including a new subsection entitled “Sound Level Limits and Measurements for Wind Turbine Projects”. The citizen petition proposes to amendment the Department rule to establish noise standards specific to wind energy developments including: (1) predictive modeling requirements; (2) maximum sound limits for nighttime operations; (3) Short-term Duration Repetitive Sounds (SDRS); (4) noise easements; (5) post-construction compliance requirements; and (6) noise complaint response.
IMPACT ON MUNICIPALITIES OR COUNTIES:
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §8055(3) and 38 MRSA §341-D(1-B)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


ADOPTIONS



AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 101, Loan Insurance Program, Amendment 3
ADOPTED RULE NUMBER: 2011-172
CONCISE SUMMARY: The Rule amendment changes personal guarantee requirements and increases the limit on insurance liability for retail store and professional office space projects from $500,000 to $750,000.
CHAPTER NUMBER AND TITLE: Ch. 311, Economic Recovery Program, Amendment 3
ADOPTED RULE NUMBER: 2011-173
CONCISE SUMMARY: The Rule amendment combines a prospective borrower’s Insured Loan and ERLP Loan totals for the purposes of requiring loan relationships with FAME exposure greater than $1,000,000 to have Board of Director approval.
CHAPTER NUMBER AND TITLE: Ch. 312, Intermediary Relending Program, Amendment 1
ADOPTED RULE NUMBER: 2011-174
CONCISE SUMMARY: The amendment increases the amount of financial assistance in the form of a direct loan to an eligible borrower from $150,000 to $250,000.
EFFECTIVE DATE: June 7, 2011
AGENCY CONTACT PERSON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04330. Telephone: (207) 623-3263. E-mail: croney@famemaine.com .
WEBSITE: http://www.famemaine.com/


AGENCY: 94-457- Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 314, Regional Economic Development Revolving Loan Program, Amendment 6
ADOPTED RULE NUMBER: 2011-175
CONCISE SUMMARY: The amendment(a)allows the Authority to reduce, if desirable, the annual fund administration fees paid by the participating economic development entities;(b)conforms the interest rate for quality child care project loans to a prior statutory change; and(c)allows extension of the time during which a project or borrower eligible for the Authority’s loan insurance is also eligible for a loan under this program, if extended by law.
EFFECTIVE DATE: June 8, 2011
AGENCY CONTACT PERSON: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, Maine 04332-0949. Telephone: (207) 620-3515. E-mail: kgabrielson@famemaine.com
WEBSITE: http://www.famemaine.com .
FAME RULE-MAKING LIAISON: croney@famemaine.com .


AGENCY: 29-250 – Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 152, Rules Concerning Form for Hazardous Materials License
ADOPTED RULE NUMBER: 2011-176
CONCISE SUMMARY: Repeals an obsolete rule pertaining to hazardous materials transport licensing.
CHAPTER NUMBER AND TITLE: Ch. 154, The Operation of Motor Intrastate and Interstate Exempt Carriers of Property For-Hire
ADOPTED RULE NUMBER: 2011-177
CONCISE SUMMARY: Repeals an obsolete rule relative to intrastate motor carrier operating authority requirements. Rule made obsolete pursuant to PL 2009, c.598, §9.
EFFECTIVE DATE: June 14, 2011
AGENCY CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/
BMV RULE-MAKING LIAISON: Thomas.Arnold@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. III Section 28, Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations
ADOPTED RULE NUMBER: 2011-178
CONCISE SUMMARY: The adopted rule provides a corrected rate for Specialized Services in Section 28, Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations. The corrected rates are for services provided 1:1 (H2021 HK), groups with two patients served (H2021 HQ HK UN), groups with three patients served (H2021 HQ HK UP) and groups with four patients served (H2021 HQ HK UQ). There was an error in calculating the rates that are in place for Specialized Services; this adopted rule will correct that error. The Department adopts this rule change retroactive to September 1, 2010. This rule change will not have any adverse economic impact on counties, municipalities or small businesses.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: June 11, 2011
AGENCY CONTACT PERSON: Amy MacMillan, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9342 . TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Amy.MacMillan@Maine.gov .
WEBSITE: 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. III Section 68, Occupational Therapy Services
ADOPTED RULE NUMBER: 2011-179
CONCISE SUMMARY: The Department of Health and Human Services is adopting this rule to correct some units of service in the Ch. III of Section 68 to become HIPAA compliant as mandated by the Centers of Medicare and Medicaid Services (CMS) and, in preparation for the federal certification of Maine Integrated Health Management System (MIHMS). Based on an analysis of provider utilization, the Department has completed rate adjustments that remain cost neutral with the corrected HIPAA compliant codes and units of service. Also, these changes result in all primary payers utilizing the same billing codes and units of service, assuring that MaineCare is indeed the payer of last resort.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2011
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner II, MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
WEBSITE: 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. III Section 85, Physical Therapy Services
ADOPTED RULE NUMBER: 2011-180
CONCISE SUMMARY: The Department of Health and Human Services is adopting this rule to correct some units of service in the Ch. III of Section 85 to become HIPAA compliant as mandated by the Centers of Medicare and Medicaid Services (CMS) and, in preparation for the federal certification of Maine Integrated Health Management Solution (MIHMS). Based on an analysis of provider utilization, the Department has completed rate adjustments that remain cost neutral with the corrected HIPAA compliant codes and units of service. Also, these changes result in all primary payers utilizing the same billing codes and units of service, assuring that MaineCare is indeed the payer of last resort.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2011
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner II, MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .


AGENCY: 94-649 - Maine Commission on Indigent Legal Services
CHAPTER NUMBER AND TITLE: Ch. 3, Eligibility Requirements for Specialized Case Types
ADOPTED RULE NUMBER: 2011-181 (Final adoption, major substantive)
CONCISE SUMMARY: This rule sets forth the eligibility requirements for an attorney rostered with the Commission to receive assignments in specialized case types.
EFFECTIVE DATE: July 8, 2011
AGENCY CONTACT PERSON: Jennifer M. Smith, MCILS Rule-making Liaison, Maine Commission on Indigent Legal Services, 154 State House Station, Augusta, ME 04333. Telephone: (207) 287-3253. E-mail: Jennifer.M.Smith@Maine.gov .
WEBSITE: http://www.maine.gov/mcils/ .


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose - Open and Closed Areas
ADOPTED RULE NUMBER: 2011-182
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule amending the controlled moose hunt in designated areas in Aroostook County, open to the hunting of moose by permit only (special landowner/guide lottery) during a specified period between August 15 and December 31, annually. The Department modified the number of moose hunting permits to be issued. Each permit will specify the number and sex of moose to be taken, the timing of the hunt, and any other special conditions deemed necessary. This rule is intended lower moose numbers in specific areas where they are causing damage. This rule will also require that 10 permits be allocated to holders of valid disabled veteran hunting licenses and amends the percentage of permits being issued to guides and landowners. Landowners will also be required to attend a training course.
EFFECTIVE DATE: June 13, 2011
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station - 284 State Street, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 30, Allowances for Family Planning Agency Services
ADOPTED RULE NUMBER: 2011-183
CONCISE SUMMARY: The Department of Health and Human Services is adopting this rule to correct some units of service in the Ch. III of this Section to become HIPAA compliant as mandated by the Centers of Medicare and Medicaid Services (CMS) and, in preparation for the federal certification of Maine Integrated Health Management System (MIHMS). Based on an analysis of provider utilization, the Department has completed rate adjustments that remain cost neutral in the aggregate with the corrected HIPAA compliant codes and units of service. As of the effective date of this rule, Family Planning agencies will be reimbursed at the same fee for service rates as other providers of these services, including Section 90, Physicians Services. The Department will reevaluate these rates at least annually.
Corrected lesion billing codes will be covered retroactively to September 1,2010, to allow providers to bill these services accurately. Additionally, a “FP” billing modifier will now be required for all services performed exclusively to prevent or delay pregnancy or otherwise control family size. This modifier assures the State can properly track expenditures eligible for 90% Federal matching funds.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2011
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .


AGENCY: 10-146 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention, Office of Date, Research and Vital Statistics
CHAPTER NUMBER AND TITLE: Ch. 13, State Share of Vital Records Fee (Final adoption, major substantive)
ADOPTED RULE NUMBER: 2011-184
CONCISE SUMMARY: In order to comply with a legislative requirement established by P.L. 2009, c. 589, sec. 1, codified at 22 MRSA §263 (2010), the Department is proposing major substantive rules to implement a mechanism to assess a state share of vital records fees upon municipal governments related to its administration of the vital records system in the State of Maine.
EFFECTIVE DATE: July 9, 2011
AGENCY CONTACT PERSON: Elana Jellison, Office of Data, Research and Vital Statistics, 244 Water Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-1911. E-mail: Elana.Jellison@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/boh/phs/odrvs/vital-records/index.shtml
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 Section 45, Hospital Services, Reporting Requirements.
ADOPTED RULE NUMBER: 2011-185
CONCISE SUMMARY: The adopted rule will limit the quarterly reporting of outpatient claims for single source drugs and the top 20 physician-administered multiple source drugs as listed on a CMS website to the following hospitals: Acute Care Critical Access Hospitals, Private Psychiatric Hospitals and Hospitals Reclassified to a Wage Area Outside Maine by the Medicare Geographic Classification Review Board prior to October 1, 2008. Drugs purchased through Section 340B of the Public Health Act are exempt from this requirement.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: June 15, 2011
AGENCY CONTACT PERSON: Michael Dostie, Comprehensive Health Planner II, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6124. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Michael.Dostie@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .