JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

AUGUST 17, 2017 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. John Graham

Sen. Dan Feltes

Rep. William A. Hatch

Sen. Harold French

Rep. Rick M. Ladd

Sen. Jay Kahn

Rep. Peter B. Schmidt

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (Alt.)

Rep. John Sytek (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, Seating of Alternates, 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 and Proposed Expedited Repeals:

 

 

 

(a) FP 2017-34
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Certification of Water Works Operators

(JLCAR Deadline September 5, 2017.)

 

 

 

 

(b) FP 2017-68
Approval

BOARD OF REGISTRATION IN OPTOMETRY

Waiver of Substantive Rules; Explanation After Adoption

(JLCAR Deadline September 15, 2017.)

 

 

 

 

(c) FP 2017-76
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Meals and Rentals Tax, Affidavits Provided to Operators by Government Instrumentalities, Documentation Supporting Original Tax Remittance

(JLCAR Deadline September 18, 2017.)

 

 

 

 

(d) FP 2017-77
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Oil and Remediation Programs

Test Methods for Primary Containment System Testing of Diesel Fuel UST Systems

(JLCAR Deadline September 1, 2017.)

 

 

 

 

(e) FP 2017-81
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Property Assessment, Replacement Cost New (RCN) of Telecommunications Poles and Conduits and Inventory Form

(JLCAR Deadline September 18, 2017.)

 

 

 

 

(f) FP 2017-84
Approval

FISH AND GAME DEPARTMENT

Groundfish Restriction, Bluefin Tuna, and Protection of Aquaculture Gear and Product

(JLCAR Deadline September 18, 2017.)

 

 

 

 

(g) EXP 2017-6
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Most Recent Employer Definition

(No JLCAR Deadline.)

 

 

 

 

(h) EXP 2017-7
Approval

DEPARTMENT OF SAFETY

Commissioner

Repeal of Board of Electricians' Practice and Procedural Rules

(No JLCAR Deadline.)

 

 

 

 

(i) EXP 2017-8
Approval

DEPARTMENT OF SAFETY

Commissioner

Repeal of Bureau of Electrical Safety and Licensing Rules

(No JLCAR Deadline.)

 

 

 

 

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 not previously reported 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 June 16, 2017:

 

FP 2017-60

FIRE STANDARDS AND TRAINING COMMISSION

New Hampshire Fire Standards and Training Commission Rules

(Response received June 27, 2017 and confirmed June 27, 2017.)

 

 

Conditionally Approved July 20, 2017:

 

 

FP 2017-10

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Purpose, Applicability, and Definitions

(Response received July 26, 2017 and confirmed July 27, 2017.)

 

 

FP 2017-11

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Procedural Rules

(Response received July 26, 2017 and confirmed July 27, 2017.)

 

 

FP 2017-12

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste - Permits

(Response received July 26, 2017 and confirmed July 27, 2017.)

 

 

FP 2017-13

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Identification and Listing of Hazardous Wastes

(Response received July 26, 2017 and confirmed July 27, 2017.)

 

 

FP 2017-14

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Requirements for Generators

(Response received July 26, 2017 and confirmed July 27, 2017 and August 3, 2017.)

 

 

FP 2017-15

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Requirements for Transporters

(Response received July 26, 2017 and confirmed July 26, 2017.)

 

 

FP 2017-16

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Requirements for Facility Owners/Operators

(Response received July 26, 2017 and confirmed July 26, 2017.)

 

 

FP 2017-17

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Requirements for Recycling

(Response received July 26, 2017 and confirmed July 27, 2017.)

 

 

FP 2017-19

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Cleanup Fund

(Response received July 26, 2017 and confirmed July 27, 2017.)

 

 

FP 2017-20

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste - Universal Waste

(Response received July 26, 2017 and confirmed July 27, 2017.)

 

 

FP 2017-22

DEPARTMENT OF SAFETY

Commissioner

Motor Carrier of Passengers Rules

(Response received August 1, 2017 and confirmed August 1, 2017.)

 

 

FP 2017-23

DEPARTMENT OF SAFETY
Commissioner

Carriage of Household Goods by Motor Vehicles Rules

(Response received August 1, 2017 and confirmed August 1, 2017.)

 

 

FP 2017-30

PUBLIC EMPLOYEE LABOR RELATIONS BOARD

Board Location and Contact Information; Practice and Procedure; Public Employee Labor Relations, Certifications, Unfair Labor Practices, and Impasse Resolution

(Response not yet received.)

 

 

 

FP 2017-45

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Certification of Residential Services or Combined Residential and Community Participation Services Provided in the Family Home

(Response received July 20, 2017 and confirmed July 21, 2017.)

 

 

 

FP 2017-79

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Secure Psychiatric Unit Transfers

(Response received July 20, 2017 and confirmed July 21, 2017.)

 

 

FP 2016-246

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Alteration of Terrain

(Response received July 20, 2017 and confirmed July 20, 2017.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2017-35
Approval

Water Quality and Quantity Programs

Youth Camps

(JLCAR Deadline September 18, 2017.)

 

8. 9:25 a.m. BOARD OF EDUCATION

 

 

(a) FP 2017-50
Approval

School Speech-Language Specialist

(JLCAR Deadline September 5, 2017. Former rules expired March 27, 2016.)

 

 

(b) INT 2017-16
Conditional Approval

Robotics Education Fund

(JLCAR Deadline November 8, 2017. Rule implements 2017, 156:155-156 (HB 517), effective July 1, 2017.)

 

 

 

9. 9:30 a.m. INSURANCE DEPARTMENT

 

(a) FP 2017-78
Approval

Minimum Standards for Medicare Supplement Policies

(JLCAR Deadline August 28, 2017.)

 

 

(b) FP 2017-80
Conditional Approval

Life Insurance and Annuities Replacement

(JLCAR Deadline September 5, 2017.)

 

 

10. 9:35 a.m. DEPARTMENT OF SAFETY

 

 

(a) FP 2017-43
Conditional Approval

Mechanical Licensing Board

Mechanical Licensing Board Professional Standards

(JLCAR Deadline September 15, 2017.)

 

 

(b) FP 2017-67
Approval

Commissioner

Mooring Permits for Pleasant Lake in Deerfield and Northwood, NH

(JLCAR Deadline August 21, 2017.)

 

 

(c) INT 2017-15
Approval with Understanding

Commissioner

Hazardous Materials Transportation Rules

(JLCAR Deadline November 8, 2017. Former regular rules expired September 8, 2014.)

 

 

(d) Emergency Rule Doc. #12339

No Further Action

Commissioner

Motor Vehicle Inspection Application Emergency Rule

(No JLCAR Deadline. Emergency Rule effective July 21, 2017 and will expire January 17, 2018.)

 

 

11. 9:50 a.m. OFFICE OF THE OMBUDSMAN

 

 

FP 2017-44
Conditional Approval

Office of the Long-term Care Ombudsman

(JLCAR Deadline September 14, 2017. Former rules expired February 26, 1996.)

 

 

12. 10:10 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2017-39

Postponed to 9/21/17
Regular Meeting

Commissioner TO BE POSTPONED; WAIVER NECESSARY

New Hampshire Child Care Program Licensing Rules

(JLCAR Deadline September 18, 2017. Existing emergency rule will expire November 13, 2017.)

 

 

 

 

(b) FP 2017-40
Conditional Approval

Former Division of Public Health Services

Community Residences at the Residential Care and Supported Residential Care Level

(JLCAR Deadline September 18, 2017.)

 

 

 

 

(c) FP 2017-71
Approval

Former Division of Human Services

Food Stamp Program Internet Only Standard Utility Allowance

(JLCAR Deadline September 18, 2017.)

 

 

 

13. 10:20 a.m. PUBLIC UTILITIES COMMISSION

 

 

FP 2016-233
Conditional Approval with Understanding

Competitive Electric Power Supplier and Aggregator Rules

(JLCAR Deadline September 5, 2017.)

 

 

14. 10:30 a.m. BOARD OF REGISTRATION IN OPTOMETRY

 

 

FP 2017-69
Conditional Approval

Applications for Initial Licensure; License Renewal and Continuing Education; Ethical Standards & Disciplinary Matters; Professional Standards

(JLCAR Deadline September 15, 2017.)

 

 

 

15. 10:35 a.m. CURRENT USE BOARD

 

 

FP 2017-72
Conditional Approval

Assessment Ranges for Forest Land Categories, With and Without Stewardship, Unproductive Land and Wetland Categories

(JLCAR Deadline September 15, 2017.)

 

 

 

 

OTHER BUSINESS

16. 10:50 a.m.