RULEMAKING

Public Input for Proposed Rules Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking if there are fewer (Title 5 §8055). 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 §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 rulemaking liaisons (http://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency. PROPOSALS AGENCY: 65-407 - Public Utilities Commission (PUC) CHAPTER NUMBER AND TITLE: Ch. 880, Attachments to Joint-Use Utility Poles; Determination and Allocation of Costs; Procedure PROPOSED RULE NUMBER: 2017-P141 (Hearing rescheduled) BRIEF SUMMARY: The Public Utilities Commission (Commission) initiates a rulemaking to amend Ch. 880 of the Commission's rules regarding attachments to joint use utility poles. The Commission proposes to substantively amend Ch. 880 to include presumptively reasonable and unreasonable terms and conditions, approval criteria for new attaching entities, and resolution of pole attachment disputes. PUBLIC HEARING: December 6, 2017, 10:30 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347 (Rescheduled from Nov. 1, 2017) COMMENT DEADLINE: December 18, 2017. The Commission is extending the original deadline for filing comments, statements, or arguments concerning this rule to 4:00 p.m., December 18, 2017. Written comments on the proposal to amend this rule may be filed using the Commission's case management system no later than 4:00 p.m., December 18, 2017. Please refer to the Docket Number of this proceeding, Docket No. 2017-00247 when submitting comments. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jody McColman, PUC, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-3831. 711 Maine Relay. Email: Jordan.D.McColman@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact AGENCY: 65-407 - Public Utilities Commission (PUC) CHAPTER NUMBER AND TITLE: Ch. 308, Standards of Conduct for Transmission and Distribution Utilities and Affiliated Generators PROPOSED RULE NUMBER: 2017-P150 (Hearing rescheduled) BRIEF SUMMARY: The Public Utilities Commission initiates a proceeding to adopt rules and standards of conduct to implement recently enacted legislation that permits a transmission and distribution utility to have a generation affiliate subject to statutory restrictions and Commission-adopted standards of conduct. PUBLIC HEARING: December 4, 2017 at 2:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine (Rescheduled from Nov. 8, 2017) COMMENT DEADLINE: December 15, 2017. The Commission is extending the original deadline for filing comments, statements, or arguments concerning this rule to 5:00 p.m., December 15, 2017. Written comments on the proposal to amend this rule may be filed using the Commission's case management system no later than 5:00 p.m., December 15, 2017. However, the Commission requests that comments be filed by November 29, 2017, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after hearing. Please refer to the Docket Number of this proceeding, Docket No. 2017-00262 when submitting comments. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT: Mitchell Tannenbaum, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3831. Maine Relay 711. Email: Mitchell.Tannenbaum@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):  AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC) CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards PROPOSED RULE NUMBER: 2017-P158 BRIEF SUMMARY: The Land Use Planning Commission is seeking public Comment on a petition to amend Ch. 10, Land Use Districts and Standards, to allow development of grid-scale solar energy generation facilities with a permit in the Commercial Industrial Development Subdistrict (D-CI). The proposal includes a set of criteria that help identify eligible locations for redistricting to D-CI for the purpose of developing a grid-scale solar energy generation facility. A D-CI subdistrict designated for the purpose of developing a grid-scale solar energy generation facility would automatically revert to the prior subdistrict designation if the facility is not developed within a reasonable period of time, or if built, upon decommissioning of the facility. PUBLIC HEARING: none COMMENT DEADLINE: Written comments must be submitted on or prior to December 15, 2017; written rebuttal comments must be submitted on or prior to December 22, 2017. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Ben Godsoe, Land Use Planning Commission, 22 State House Station, Augusta, ME, 04333; 18 Elkins Lane, Harlow Bldg, 4th floor. Telephone: (207) 287-2619. Email: Benjamin.Godsoe@Maine.gov. FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): AGENCY: 06-096 - Department of Environmental Protection (DEP) CHAPTER NUMBER AND TITLE: Ch. 382 (New), Wind Energy Act Standards PROPOSED RULE NUMBER: 2017-P159 BRIEF SUMMARY: The Department is proposing a new rule to provide guidance and clarification on the review process and standards for wind energy projects under the Wind Energy Act (WEA). Copies of this rule are available upon request by contacting the Agency contact person, or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, email or fax to the contact person before the end of the comment period. To ensure that the comments are considered, they must include the commenter's name and the name of the organization represented, if any. PUBLIC HEARING: December 6, 2017 - 1:00 p.m., DEP Response Training Room, 4 Blossom Drive (AMHI Complex), Augusta, Maine COMMENT DEADLINE: December 18, 2017, 5:00 p.m. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Erle Townsend, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-6115. Fax: (207) 287-7826. Email: Erle.Townsend@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):  AGENCY: 65-407 - Public Utilities Commission (PUC) CHAPTER NUMBER AND RULE TITLE: Ch. 285, Maine Telecommunications Education Access Fund PROPOSED RULE NUMBER: 2017-P160 BRIEF SUMMARY: Pursuant to 35-A MRS §7104-B (Section 7104-B) and Sections 1 and 3 of PL 2017 ch. 244 "An Act to Ensure Continued Availability of High-speed Broadband Internet at Maine's Schools and Libraries", the Public Utilities Commission initiates a rulemaking to amend Ch. 285 - Maine Telecommunications Education Access Fund, to conform Ch. 285 to current Maine law. PUBLIC HEARING: December 5, 2017, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347 COMMENT DEADLINE: December 15, 2017. Written comments on the proposed rule may be filed using the Commission's Case Management System no later than 4:00 p.m., Friday, December 15, 2017. All comments will appear in the Case Management System, which is accessible from our web site. Commenters should refer to the Docket Number 2017-00283 when submitting comments. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jordan McColman, PUC, 18 State House Station, Augusta, ME 04333. Telephone: (207) -287-3831. Fax: (207) 287-1039. 711 Maine Relay. Email: Jordan.D.McColman@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal fiscal impact AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS), Division of Policy CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM: Ch. I Section 4, Telehealth Services PROPOSED RULE NUMBER: 2017-P161 CONCISE SUMMARY: The Department is proposing to add clarifying language to the Telehealth Services policy that would allow FQHCs, RHCs, and IHCs to provide covered services as the providing site and bill under their encounter rate. The Department will also be removing the telemonitoring requirement that members have had two or more hospitalizations or Emergency Department visits in the past year, and replacing it with a documentation requirement pursuant to PL 2017 ch. 307. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents. PUBLIC HEARING: December 5, 2017 - 9: 00 a.m., Room 300, Burton Cross Building, 111 Sewall Street, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before November 27, 2017. DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 15, 2017. AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Thomas Leet, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4068. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Thomas.Leet@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties. AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS), Division of Policy CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 92, Behavioral Health Home Services PROPOSED RULE NUMBER: 2017-P162 CONCISE SUMMARY: This rulemaking adds in a pay-for-performance provision which puts one percent of total PMPM payments at risk pending provider performance on a chronic disease management quality measure and formally increases the reimbursement rate for Behavioral Health Home Organizations (BHHO) to $394.40 per member per month (PMPM) for both adult and child members effective retroactive to January 1, 2016. It also increases, clarifies, and expands on a number of provider requirements and covered services. In addition, the rulemaking: Adds a definition of "Child" to 92.01-2. Removes certain professionals/organizations from the list of professionals eligible to serve as the BHHO clinical team leader and psychiatric consultant that do not meet the qualifications, clarifies the appropriate role of Certified Intentional Peer Support Specialists, and requires that each role is filled by a different individual. Requires that if a lapse in fulfillment of team member roles extends beyond thirty (30) days, the BHHO must notify the Department and maintain records of its efforts to fill the position. Removes specific mention of the "Learning Collaborative" and replaces this with "technical assistance opportunities" to account for all possible types of practice support which may be available. Removes requirement that the BHHO "Leadership Team" must attend the technical assistance opportunities. Requires the BHHO to have an electronic health record upon entry to the BHH program. Reduces reporting burden by removing the Health Home Provider Functional Requirements reporting and allowing high performing BHHOs to report on the Core Standards annually. Replaces the term "mental retardation" with "intellectual disability" in 92.03-2 pursuant to PL 2012 ch. 542 §B-5, An Act To Implement the Recommendations of the Department of Health and Human Services and the Maine Developmental Disabilities Council Regarding Respectful Language. Requires that the BHHO must work with the member to identify a primary care provider. Strengthens provider requirements around "Enhanced Access" to ensure members have meaningful access to the BHHO 24/7 and that BHHO providers have 24/7 access to member records. Changes the rule to reflect the opt-in model and process for certification of services. Updates the assessment tools and criteria to current editions and practice. Requires the Child and Adolescent Needs and Strengths (CANS) assessment to be reviewed and updated by the BHH a minimum of every one hundred and eighty (180) days and requires that all relevant CANS domains must be entered into the Department's Enterprise Information System (EIS) and that this information is included in the development of the plan of care. Requires providers that offer Section 13, "Targeted Case Management", Section 17, "Community Support Services", Section 91, "Health Home Services", and/or Section 93, "Opioid Health Home Services" in addition to Section 92 services to be able to demonstrate that members are provided information regarding choice of services for which they are eligible. Adds the covered service Referral to Community and Social Support Services. Replaces the one-hour minimum billable activity requirement for BHHOs with a requirement to have a monthly member (or family, guardian, caregiver) encounter. Clarifies and amends what is the minimum activity required in order to qualify for reimbursement. Adds a general provision that Department shall have sole discretion to impose termination from the BHH program based on failure to meet program requirements. Makes additional clarifications and minor updates. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents. PUBLIC HEARING: December 5, 2017, 8:00 a.m., Augusta Armory, 179 Western Avenue, Augusta, ME 04330. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before Tuesday, November 28, 2017. DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. Friday, December 15, 2017. AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Olivia Alford, MaineCare Services, 242 State Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4059. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Olivia.Alford@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rulemaking will have any impact on municipalities or counties. ADOPTIONS Pursuant to Ch. 380 of the Public Laws of 2011, notice of the adoption of rules will no longer be published in the newspaper rulemaking notices; our Wednesday web notices will continue to carry them, however. Information on rules adopted through the Maine Administrative Procedure Act as well as the full text of adopted rules is available on the internet at http://www.maine.gov/sos/cec/rules .