JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

NOVEMBER 20, 2014 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Peter B. Schmidt, Vice-Chair

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Bette Lasky

Rep. James R. MacKay

Sen. Jim Rausch

Rep. Carol M. McGuire

Sen. David Watters

Rep. Tara A. Sad

Sen. Peter Bragdon (Alt.)

Rep. Richard W. Barry (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Andy Sanborn (Alt.)

Rep. David H. Kidder (Alt.)

Sen. Nancy Stiles (Alt.)

Rep. Mary S. Nelson (Alt.)

 

 

The times and order specified for the agenda items listed below are only tentative. The Committee may change the order or may change the amount of time allotted for such items.

 

1. 9:00 a.m. Convene and Review Minutes

 

JLCAR Deadlines Noted in Agenda:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revision to Form


 

CONSENT AGENDA

 

2. 9:05 a.m. Committee Approval of Final Proposals:

 

 

(a) FP 2014-11
Approval

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure

(JLCAR Deadline November 20, 2014.)

 

 

(b) FP 2014-94
Approval

FISH AND GAME DEPARTMENT

Marine Rules: Cod, Haddock, Berry Brook

(JLCAR Deadline December 5, 2014.)

 

 

(c) FP 2014-108
Approval

DEPARTMENT OF SAFETY

Rafting Prohibition on Round Cove, Fish Cove and Flag Cove on Lake Winnipesaukee in the Town of Meredith

(JLCAR Deadline November 20, 2014.)

 

 

(d) FP 2014-120
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Compliance Schedules in NPDES Permits

(JLCAR Deadline December 22, 2014.)

 

 

(e) FP 2014-126
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Emission Standards Applicable to Tangential-Firing, Dry-Bottom Boilers

(JLCAR Deadline December 8, 2014.)

 

 

(f) FP 2014-133
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Electronic Notification and Electronic Account Access

(JLCAR Deadline December 22, 2014.)

 

 

(g) FP 2014-134
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Adopted Children Age 18 to Age 22 Residing with a Birthparent

(JLCAR Deadline December 22, 2014.)

 

 

(h) FP 2014-141 Approval

FISH AND GAME DEPARTMENT

Tri-State Snowmobile Reciprocity Weekend

(JLCAR Deadline December 22, 2014.)

 

 

3. 9:10 a.m. Committee Conditional Approvals:

 

 

(No Items)

 

 

 

4. 9:15 a.m. Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

5. 9:16 a.m. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No Items)

 

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated. Also noted are whether there are agency responses and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved. No further Committee action is required in that case.

 

Conditionally Approved October 16, 2014

 

 

FP 2014-109

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Social Security Account Numbers, In and Out Medically Needy Medical Assistance, Deemed Income From an Alien's Sponsor, Separate Medical Assistance Group, P.O. Boxes & General Delivery Mailing Addresses, & Deceased Recipients

(Response received 10-17-14 and confirmed 10-20-14.)

 

 

FP 2014-114

DEPARTMENT OF LABOR

Elevator and Accessibility Lift Inspection, Licensing and Reporting Procedures

(Response received 11-3-14 and confirmed 11-3-14.)

 

 

FP 2014-58

DEPARTMENT OF REVENUE ADMINISTRATION

Meals and Rentals Tax

(Response received 10-27-14 and confirmed 10-30-14.)

 

 

FP 2014-20

DEPARTMENT OF EMPLOYMENT SECURITY

Penalty Weeks under RSA 282-A:164

(JLCAR Deadline October 16, 2014.)

(Response received 10-22-14 and confirmed 10-23-14.)

 

 

FP 2014-130

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

New Hampshire Shellfish Sanitation Rules

(Response received 10-17-14 and confirmed 10-20-14.)

 

 

FP 2014-131

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

NH Residential Child Care Licensing

(Response received 10-17-14 and confirmed 10-20-14.)

 

 

Conditionally Approved November 6, 2014

 

 

FP 2014-78

BOARD OF ACCOUNTANCY

Board of Accountancy Rules Regarding Certification, Registration, and Permit Requirements; Continued Status; and Ethics

(No response yet.)

 

 

REGULAR AGENDA

 

6. 9:18 a.m. Consider postponing action on certain items to another meeting.

 

7. 9:20 a.m. BOARD OF MENTAL HEALTH PRACTICE

 

 

(a) FP 2014-12
Preliminary Objection

License Requirements, Applications, and Fees

(JLCAR Deadline November 20, 2014.)

 

 

(b) FP 2014-13
Conditional Approval

License Renewal, Continuing Education, Collaboration, and Reinstatement

(JLCAR Deadline November 20, 2014.)

 

 

(c) FP 2014-14
Preliminary Objection

Ethical and Professional Standards, Responsibilities of Licensees

(JLCAR Deadline November 20, 2014.)

 

 

8. 9:30 a.m. DEPARTMENT OF SAFETY

 

(a) FP 2014-56
Approval with Recommendation

Commissioner

Vessel Registration Rules

(JLCAR Deadline November 20, 2014.)

 

 

(b) OR 2013-222
Postponed to 12/18/14
Regular Meeting

Commissioner TO BE POSTPONED

Readoption of Marketing, Sales, and Possession of Fireworks Rules

(JLCAR Deadline January 20, 2015.)

(Response not yet received. Response due by December 1, 2014.)

 

 

9. 9:40 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2014-85
Conditional Approval

Air Related Programs

VOC Limits for Architectural and Industrial Maintenance Coatings

(JLCAR Deadline December 8, 2014.)

 

 

(b) FP 2014-89
Approval

Water Quality and Quantity Programs

Amendments to Youth Recreation Camps Rules

(JLCAR Deadline December 22, 2014.)

 

 

(c) FP 2014-90
Conditional Approval

Water Quality and Quantity Programs

Certification Required for Youth Skill Camps

(JLCAR Deadline December 22, 2014.)

 

 

(d) FP 2014-116
Conditional Approval

Hazardous Waste Programs

Hazardous Waste Wipes and Tanks

(JLCAR Deadline December 22, 2014.)

 

 

10. 10:00 a.m. LIQUOR COMMISSION

 

 

FP 2014-70
Approval

Rules Governing Alcohol Consultant Licensee Operations

(JLCAR Deadline December 1, 2014.)

 

 

11. 10:15 a.m. PUBLIC UTILITIES COMMISSION

 

 

FP 2014-74
Approval

Renewable Portfolio Standard

(JLCAR Deadline December 11, 2014.)

 

 

12. 10:20 a.m. DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

 

 

FP 2014-87
Conditional Approval

Maple Syrup

(JLCAR Deadline December 15, 2014.)

 

 

13. 10:30 a.m. DEPARTMENT OF ADMINISTRATIVE SERVICES

 

 

FP 2014-103
Approval

Cost Containment Rules

(JLCAR Deadline December 15, 2014.)

 

 

14. 10:45 a.m. DEPARTMENT OF REVENUE ADMINISTRATION

 

 

FP 2014-129
Approval

Business Profits Tax

(JLCAR Deadline December 22, 2014.)

 

 

15. 10:50 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

FP 2014-140
Conditional Approval with Understanding

Commissioner

Therapeutic Cannabis Program - Alternative Treatment Centers

(JLCAR Deadline December 29, 2014.)

 

 

16. 11:30 a.m. INSURANCE DEPARTMENT

 

 

(a) FP 2014-135
Approval

Medical Professional Liability Insurance

(JLCAR Deadline December 22, 2014.)

 

 

(b) OR 2014-91
Postponed to 12/18/14
Regular Meeting

Long-Term Care Insurance TO BE POSTPONED

(JLCAR Deadline January 20, 2015.)

(Response not yet received. Response due by December 1, 2014.)

 

 

OTHER BUSINESS

17. 12:00 p.m.