JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

DECEMBER 17, 2015 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice Chair

Rep. Carol M. McGuire, Chair

Sen. Kevin Avard

Rep. David H. Kidder

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Dan Feltes

Rep. Tara A. Sad

Sen. David Watters

Rep. Peter B. Schmidt

Sen. Regina Birdsell (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. Gary Daniels (Alt.)

(Alt.)

Sen. Nancy Stiles (Alt.)

(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 and Proposed Meeting Schedule for 2016

 

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 2015-96
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Definitions Related to Wetlands Mitigation Rules

(JLCAR Deadline December 28, 2015.)

 

 

(b) FP 2015-140
Approval

BOARD OF MENTAL HEALTH PRACTICE

Continuing Education Requirements

(JLCAR Deadline January 11, 2016.)

 

 

(c) FP 2015-145
Approval

PESTICIDE CONTROL BOARD

Pesticide Registration Certificate

(JLCAR Deadline January 19, 2016.)

 

 

(d) FP 2015-164
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Participant Sanctions

(JLCAR Deadline January 14, 2016.)

 

 

(e) FP 2015-166
Approval

BANKING DEPARTMENT

Maximum Annual Assessment for Family Trust Companies

(JLCAR Deadline January 19, 2016.)

 

 

(f) FP 2015-173
Approval

COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION

Organizational Statements - Public Requests for Information

(JLCAR Deadline January 19, 2016.)

 

 

(g) FP 2015-178
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Licensing of Byproduct Material

(JLCAR Deadline January 19, 2016.)

 

 

(h) FP 2015-180
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Lead Poisoning Prevention and Control Rules

(JLCAR Deadline January 19, 2016.)

 

 

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

 

 

(a) FP 2015-86
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Sludge Management

(JLCAR Deadline January 19, 2016.)

 

 

(b) FP 2015-139
Conditional Approval Preliminary Objection

BOARD OF MENTAL HEALTH PRACTICE

Pre-licensure Supervised Practice

(JLCAR Deadline January 11, 2016.)

 

 

(c) FP 2015-179
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Use of Byproduct Material in the Healing Arts

(JLCAR Deadline January 15, 2016.)

(Consent based on Amended Conditional Approval Request.)

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 September 17, 2015:

 

 

FP 2015-117

BOARD OF NURSING

Licensing Requirements

(Response received 10-22-15. Converted to preliminary objection pursuant to RSA 541-A:13, V(a). Objection Response filed 12-1-15 and approved by JLCAR 12-3-15.)

 

 

Conditionally Approved November 19, 2015:

 

 

FP 2015-128

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Licensing of Commercial Devices

(Response received 11-19-15 and confirmed 11-19-15.)

 

 

FP 2014-189

BOARD OF EDUCATION

Child Restraint Practices

(Response not yet received.)

 

 

FP 2015-135

BOARD OF EDUCATION

Minimum Standards for Public School Approval

(Response not yet received.)

 

 

FP 2015-158

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Collection Station Rules

(Response received 11-19-15 and confirmed 11-19-15.)

 

 

FP 2015-76

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

State Water Pollution Control Revolving Loan Fund

(Response received 11-19-15 and confirmed 11-19-15.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF REVENUE ADMINISTRATION

 

 

FP 2015-169
Approval

Definition of Lease and Taxable Transfers Leases.

(JLCAR Deadline January 15, 2016.)

 

 

8. 9:25 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) INT 2015-13
Approval

Former Division of Mental Health and Developmental Services

Designated Receiving Facilities for Developmental Services

(JLCAR Deadline March 9, 2016. Existing rules will expire January 2, 2016.)

 

 

(b) INT 2015-16
Conditional Approval with Understanding

Former Division of Human Services

Alternative Benefit Plan and Premium Assistance Program

(JLCAR Deadline March 9, 2016. Rule implements provisions of 2014, 3 (SB 413-FN-A), effective March 27, 2014.)

 

 

9. 9:35 a.m. DEPARTMENT OF SAFETY

 

 

(a) INT 2015-14
Postponed to 1/15/16
Regular Meeting

Interim Certification for Additional Truck Weights Rules

(JLCAR Deadline March 9, 2016. Former rules expired September 29, 2015.)

 

 

(b) INT 2015-15
Conditional Approval

Interim Prepaid Commercial Mobile Radio Service Surcharge Rules

(JLCAR Deadline March 9, 2016. Rule implements 2015, 230 (HB 391-FN), effective
January 1, 2016.)

 

 

(c) FP 2015-147
Conditional Approval

Dealer Registration Rules

(JLCAR Deadline January 28, 2016. Rules in part implement 2014, 234:2 (HB 1150),
effective January 1, 2016.)

 

 

(d) FP 2015-148
Approval with Petition

Motor Vehicle Inspection Requirements

(JLCAR Deadline January 28, 2016. Various existing rules will expire January 12, 2016 as interim rules.)

 

 

10. 10:10 a.m. INSURANCE DEPARTMENT

 

 

(a) FP 2015-155
Approval

Reporting of Statistical Data by Property and Casualty Insurance Companies

(JLCAR Deadline December 24, 2015.)

 

 

(b) FP 2015-156
Conditional Approval

Minimum Standards for Medicare Supplement Policies Issued Prior to Adoption of Insurance Regulation 1905

(JLCAR Deadline December 24, 2015. Former rules expired February 1, 2014.)

 

 

(c) FP 2015-157
Conditional Approval

Standards for Safeguarding Customer Information

(JLCAR Deadline December 24, 2015. Former rules expired July 1, 2015.)

 

 

11. 10:30 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2015-97
Approval

Wetlands Programs

Wetlands Mitigation Rules

(JLCAR Deadline December 28, 2015.)

 

 

(b) FP 2015-141
Approval

Air Related Programs

NOx Budget Trading Program

(JLCAR Deadline January 15, 2016.)

 

 

12. 10:45 a.m. FISH AND GAME DEPARTMENT

 

 

(a) FP 2015-151
Approval

Organizational Rules

(JLCAR Deadline January 4, 2016. Former rules expired November 17, 1996.)

 

 

(b) FP 2015-160
Postponed to 1/15/16
Regular Meeting

Live Bait and the Importation, Possession, and Use of All Wildlife

(JLCAR Deadline January 4, 2016.)

 

 

13. 11:00 a.m. BOARD OF NURSING

 

 

FP 2015-120
Preliminary Objection

Nursing Education Program Approval

(JLCAR Deadline January 4, 2016.)

 

 

14. 11:15 a.m. DEPARTMENT OF TRANSPORTATION

 

 

FP 2015-108
Postponed to 1/15/16
Regular Meeting

Construction Aid and Relocation Services

(JLCAR Deadline January 11, 2016. Portion of the rules expired February 17, 2015.)

 

 

15. 11:25 a.m. BOARD OF MENTAL HEALTH PRACTICE

 

 

FP 2015-154
Postponed to 1/15/16
Regular Meeting

Purpose and Scope and Composition of the Board

(JLCAR Deadline January 11, 2016. Former rules expired July 1, 2014.)

 

 

16. 11:40 a.m. COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION

 

 

(a) FP 2015-174
Postponed to 1/15/16
Regular Meeting

Establishment, Operation and Administration of the College Tuition Savings Plan

(JLCAR Deadline January 19, 2016.)

 

 

(b) FP 2015-176
Postponed to 3/18/16
Regular Meeting

UNIQUE Endowment Allocation Scholarship Program

(JLCAR Deadline January 19, 2016.)

 

 

17. 11:50 a.m.

Postponed to 1/15/16
Regular Meeting

Discussion on status of response to rulemaking petition on December 3, 2015 to the Site Evaluation Committee for rules in Site 300 relative to suspension and revocation of certificates.

 

 

OTHER BUSINESS

18. 12:00 p.m.