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: 06-096 - Department of Environmental Protection (DEP) CHAPTER NUMBER AND TITLE: Ch. 418, Solid Waste Management Rules: Beneficial Use of Solid Wastes PROPOSED RULE NUMBER: 2017-P062 (3rd publication) BRIEF SUMMARY: The Department's experience in administering Ch. 418 over past years has highlighted the need to revise it for a variety of reasons. Amendments to Ch. 418 are being proposed in order to: make substantive changes to certain standards and provisions of the rule based on knowledge, experience, and new information; modify the format and language for clarity, consistency and improved operation; and, update citations and references. In part, the proposed amendments include: new exemptions addressing the beneficial use of several different waste streams (e.g. spent septic systems, catch basin grit, petroleum contaminated soil); updated and consolidated general standards for beneficial use projects; replacement of the constituent values in Appendix A ("Screening Standards for Beneficial Use") with current, risk based values based on the U.S. Environmental Protection Agency's (USEPA) "Regional Screening Levels for Chemical Contaminants at Superfund Sites" (RSLs), as revised June, 2017; additions and revisions to the permit-by-rule and reduced procedure licensing standards pertaining to tires and dredge material; reorganization and substantive updates of the "Fuel Substitution" provisions of the rule; and, establishment of 4 different approval mechanisms (exemption, authorization through notification when certified by a professional engineer, permit-by-rule, and full license procedure) for the beneficial use of emulsified asphalt encapsulated contaminated soil. Following the close of the public comment period, the Board of Environmental Protection held a deliberative session to discuss key issues raised by commenters. On November 16, 2017 the Board directed the Department to provide an opportunity for public comment pursuant to 5 MRS §8052(5)(B) on a certain change to the proposal that may be substantial. This change is the modification of Appendix A of the revised proposal "Screening Standards for Beneficial Use". The proposed changes that the Department is seeking comment on at this time are identified by the use of "double underline" in the Department's proposal. Please note that the Department is not accepting additional comments on other portions of the proposal at this time. Copies of the changes to the rule which the Department is seeking additional comment are available upon request by contacting the agency contact person or on the DEP website at www.Maine.gov/DEP/rules/. COMMENT DEADLINE: December 27, 2017 at 5 p.m. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated AGENCY: 94-088 - Maine Arts Commission CHAPTER NUMBER AND TITLE: Ch. 2, Rules for Awarding Grants and Providing Services PROPOSED RULE NUMBER: 2017-P163 BRIEF SUMMARY: These rule amendments make technical changes to update existing rules governing the grant-making procedures and programs by the Maine Arts Commission. Ch. 2 provides definitions for how the Maine Arts Commission awards grants and provides services, including conflict of interest definitions. PUBLIC HEARING: December 11, 2017, 12:00 p.m., Maine Arts Commission Conference Room, 193 State Street, Augusta, ME 04333 COMMENT DEADLINE: Thursday, December 21, 2017 (5:00 p.m. EST) CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / RULEMAKING LIAISON: Julie A. Richard, Executive Director, Maine Arts Commission, 193 State Street, 25 State House Station, Augusta, ME 04333. Telephone: (207) 287-2710. Email: Julie.Richard@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: this rule will not have a fiscal impact on municipalities or counties. AGENCY: 94-088 - Maine Arts Commission RULE TITLE OR SUBJECT: Ch. 3, Rules to Carry Out the Percent for Art Act PROPOSED RULE NUMBER: 2017-P164 CONCISE SUMMARY: These rule amendments make technical changes to update existing rules governing the grant-making procedures and programs by the Maine Arts Commission. Ch. 3 defines the process for carrying out the Percent for Art Act. PUBLIC HEARING: Monday, December 11, 12:00 p.m., Maine Arts Commission Conference Room, 193 State Street, Augusta, ME 04333 DEADLINE FOR COMMENTS: Thursday, December 21, 2017 (5:00 p.m. EST) AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / AGENCY RULEMAKING LIAISON: Julie A. Richard, Executive Director, Maine Arts Commission, 193 State Street, 25 State House Station, Augusta, ME 04333. Telephone: (207) 287-2710 direct. Email: Julie.Richard@Maine.gov . THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. AGENCY: 01-017 - Department of Agriculture, Conservation and Forestry (DACF), Maine State Harness Racing Commission CHAPTER NUMBERS AND TITLES: Ch. 1, Administration Ch. 3, Officials and Race Track Personnel Ch. 7, Racing Ch. 11, Medication and Testing Ch. 13, Pari-Mutuel Ch. 15, Off-Track Betting Ch. 17, Rule Violations; Penalties PROPOSED RULE NUMBERS: 2017-P165 thru P171 BRIEF SUMMARY: Ch. 1, Administration - The proposed amendments move some grounds for suspension, revocation and denial of licenses from Ch. 17 (penalties) to Ch. 1 where the licensing provisions are contained. Ch. 3, Officials and Race Track Personnel - The proposed amendments would update the process for licensing and assigning judges to the tracks, and update the education requirements. Ch. 7, Racing - The proposed amendments involve a fairly comprehensive update to this chapter. First of all, the chapter needs to be aligned with Ch. 17, "Rule Violations: Penalties", because there are now penalties for conduct that is not specifically prohibited in rule. Secondly, the language in the chapter is not well constructed. Finally, the Commission recognized that the conduct of drivers participating in a race is regulated, but the conduct of other licensed participants at the track is not regulated. Ch. 11, Medications, Prohibited Substances and Testing - This chapter received extensive updating in 2016 in order to keep pace with the rapidly evolving science and policies around preventing the use of performance enhancing drugs. A couple of additional updates are appropriate to clarify that drugs not currently listed are prohibited, and to specify the process for assigning unlisted drugs to a penalty class. Ch. 13, Pari-Mutuel - The proposed amendments would allow for wagering the trifecta bet on a five-horse field. Ch. 15, Off-Track Betting - The proposed amendments include just one minor change to this chapter to require licensed off-track betting facilities to remain open while live Maine racing is occurring. Ch. 17, Rule Violations; Penalties - The proposed amendments would update this chapter to prohibit a horse from racing if the owner fails to repay a purse, when required, due to an infraction. In addition, the general penalty language will be clarified to apply to any rule violation where a particular violation level is not specified. PUBLIC HEARING: 9:00 a.m. on December 14, 2017 at Gambling Control Board Conference Room, Department of Public Safety, 45 Commerce Drive, Augusta, Maine COMMENT DEADLINE: 5:00 p.m. on December 29, 2017 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / COMMISSION RULEMAKING LIAISON: Henry Jennings, Director, Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-7568. Email: Henry.Jennings@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: none AGENCY: 02-031 - Department of Professional and Financial Regulation (PFR), Bureau of Insurance CHAPTER NUMBER AND TITLE: Ch. 275, Medicare Supplement Insurance: 2017 Revision PROPOSED RULE NUMBER: 2017-P172 BRIEF SUMMARY: The primary purpose of the proposed amendment is to comply with Section 401 of the federal Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). This act prohibits the sale of Medicare supplement insurance policies that cover Part B deductibles on or after January 1, 2020. Other changes proposed include updating a reference to the adjusted average age of Medicare supplement covered lives for all issuers in the Maine market based on rate filings, repeal of references to obsolete paper rate filing procedures, a clarification that for purposes of the rule "employee welfare benefit plan" includes COBRA and mini-COBRA coverage and a clarification that Medicare counts as creditable coverage only during a person's 6-month open enrollment period. PUBLIC HEARING: 2:00 p.m., December 12, 2017, Kennebec Room, Department of Professional & Financial Regulation Building, 76 Northern Ave., Gardiner, ME COMMENT DEADLINE: 4:30 p.m., December 29, 2017 CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Shari Gregory, 34 State House Station, Augusta, ME 04333-0034. Email: Shari.L.Gregory@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: None. 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. III Section 12, Allowances for Consumer-Directed Attendant Services PROPOSED RULE NUMBER: 2017-P173 CONCISE SUMMARY: This proposed rule complies with PL 2017 Ch. 284 Part MMMMMMM-1, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2018 and June 30, 2019. PL 2017 Ch. 284 Part MMMMMMM-1 requires the Department to amend its rules for reimbursement rates for the home-based and community-based personal care services under the provisions of 10-144 CMR Ch. 101, MaineCare Benefits Manual, Ch. III Section 12, "Allowances for Consumer-Directed Attendant Services" and referenced in the February 1, 2016 report "Rate Review for Personal Care and Related Services: Final Rate Models" prepared for the Department by Burns & Associates, Inc. Part MMMMMMM-1 directs the Department that the increase in rates of reimbursement must be applied in equal proportion to all home-based and community-based personal care and related services referenced in the Burns & Associates, Inc. report using the funding provided for that purpose in Ch. 284. The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for these changes. Pending CMS approval, the increased reimbursement rates will be effective retroactive to July 1, 2017 through June 30, 2018. The new rates will sunset on June 30, 2018, as the rate increases were funded by single year appropriations. Rates will revert to original values on July 1, 2018. A methodology change notice was posted on the Office of MaineCare Services' website on September 5, 2017. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents. PUBLIC HEARING: December 12, 2017 - 11 a.m., Burton Cross Office Building, Conference Room 400, 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 December 5, 2017. DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 22, 2017. AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Heidi.Bechard@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rulemaking will have any impact on municipalities or counties. AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 96, Private Duty Nursing and Personal Care Services PROPOSED RULE NUMBER: 2017-P174 CONCISE SUMMARY: These proposed rules seek to increase rates of reimbursement and level of care limits for personal care and related services pursuant to PL 2017 Ch. 284 Part MMMMMMM-1, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2018 and June 30, 2019. PL 2017 Ch. 284 Part MMMMMMM-1, requires the Department to amend its rules for reimbursement rates for the home-based and community-based personal care services under the provisions of 10-144 CMR Ch. 101, MaineCare Benefits Manual, Ch. II & III, "Private Duty Nursing and Personal Care Services" and referenced in the February 1, 2016 report "Rate Review for Personal Care and Related Services: Final Rate Models" prepared for the Department by Burns & Associates, Inc. Further, Part MMMMMMM-1 directs the Department that the increase in rates of reimbursement must be applied in equal proportion to all home-based and community-based personal care and related services referenced in the Burns & Associates, Inc. report using the funding provided for that purpose in Ch. 284. Ch. 284 provides funding to increase the rates. See Part ZZZZZZ Section ZZZZZZ-2. In addition, Part MMMMMMM-1 directs the Department to ensure that caps and limitations on home-based and community-based personal care and related services are increased to reflect the increase in reimbursement rates that result from this section. The Legislature did not appropriate additional funding for these rate and level of care increases beyond June 30, 2018, therefore, rates and level of care increases will revert to their current levels (pre-July 1, 2017) on July 1, 2018. This Ch. III proposed rule seeks to increase the following rates: G0299 (0551)-RN Services G0299 TD UN (0551)-RN Services-multiple patients (2) G0299 TD UP (0551)-RN Services-multiple patients (3) G0300 TE (0559)-LPN Services G0300 TE UN (0559)-LPN Services-multiple patients (2) G0300 TE UP (0559)-LPN Services-multiple patients (3) T1000 TD-Independent RN T1000 TD UN-Independent RN-multiple patients (2) T1000 TD UP-Independent RN-multiple patients (3) T1004 (0571)-Home Health Aide/Certified Nursing Assistant Services T1004 UN (0571)-Home Health Aide/Certified Nursing Assistant Services-multiple patients (2) T1004 UP (0571)-Home Health Aide/Certified Nursing Assistant Services-multiple patients (3) T1019 (0589)-Personal Support Services T1019-Personal Support Services (PCA Agencies only) T1019 UN-Personal Support Services (PCA Agencies only) multiple patients (2) T1019 UP-Personal Support Services (PCA Agencies only) multiple patients (3) S5125 TF (0589)-PCA Supervisit S5125 TF UN (0589)-PCA Supervisit-multiple patients (2) S5125 TF UP (0589)-PCA Supervisit-multiple patients (3) S5125 TF-PCA Supervisit (PCA Agencies only) S5125 TF UN-PCA Supervisit (PCA Agencies only) multiple patients (2) S5125 TF UP-PCA Supervisit (PCA Agencies only) multiple patients (3) This Ch. II proposed rule seeks to increase the following level of care limits: Level I Level II Level III Level IV Level Level VIII Level IX The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for these changes. Pending approval, the increased reimbursement rates and corresponding increases in level of care limits will be effective retroactive to July 1, 2017 through June 30, 2018. The new rates and level of care limits will sunset on June 30, 2018, as the rate increases were funded by single year appropriations. Rates and level of care limits will revert to original values on July 1, 2018. A methodology change notice was posted on the Office of MaineCare Services' website on September 5, 2017. See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents. PUBLIC HEARING: December 11, 2017 - 10:00 a.m., Burton Cross Building - Room 400, 11 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 December 4, 2018. DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on December 21, 2017. AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). Email: Heidi.Bechard@Maine.gov . IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates these rulemakings will not have any impact on municipalities or counties. AGENCY: 65-407 - Public Utilities Commission (PUC) CHAPTER NUMBER AND TITLE: Ch. 324, Small Generator Interconnection Procedures PROPOSED RULE NUMBER: 207-P175 BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to consider proposed amendments to the Commission's Small Generator Interconnection Procedures rule (Ch. 324). The amendments include changes based on comments received in a prior, though uncompleted, Ch. 324 rulemaking (Docket 2016-00268). PUBLIC HEARING: December 12, 2017, 3:00 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine 04347 COMMENT DEADLINE: December 22, 2017. Written comments on the proposed rule may be filed using the Commission's Case Management System no later than 4:00 p.m., December 22, 2017. However, the Commission requests that comments be filed by December 5, 2017, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. All comments will appear in the Case Management System, which is accessible from our web site. Commenters should refer to the Docket Number 2017-00296 when submitting comments. CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Leslie Raber, PUC, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1562. Maine Relay 711. Email: Leslie.Raber@Maine.gov . FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal 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 .