JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

SEPTEMBER 15, 2011 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

Amanda Merrill, Vice-Chair

Betsey L. Patten, Chair

Fenton Groen

Carol M. McGuire

Molly Kelly

Andrew J. Manuse

Gary Lambert

Maurice L. Pilotte

Raymond White

Peter B. Schmidt

Sharon Carson (Alt.)

David H. Kidder (Alt.)

Lou D'Allesandro (Alt.)

Tara A. Sad (Alt.)

James Forsythe (Alt.)

Kathleen N. Taylor (Alt.)

Sylvia Larsen (Alt.)

Stella Tremblay (Alt.)

Nancy Stiles (Alt.)

Steven J. Winter (Alt.)

 

 

The times and order specified for the agenda and 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 am Convene & Review Minutes

10. 11:00 am INT 2011-25 Saf-C

 

11. 11:15 am Disc. on Manual

Consent Agenda

12. 12:00 pm LUNCH BREAK

2. 9:05 am Final Proposals

13. 1:00 pm FP's 2011-92 & 2011-93 Saf-C

3. 9:10 am Objection Responses

14. 2:00 pm FP 2011-71 Asb

4. 9:12 am Preliminary Objections

15. 3:00 pm FP 2011-75 & OR 2011-42 Ins

 

16. 4:00 pm OR INT 2011-20 Agr

Regular Agenda

 

5. 9:13 am Postpone Items

Other Business

6. 9:15 am FP's 2011-60 & 61 Spe

17. 4:30 pm

7. 9:30 am FP 2011-35 Puc

 

8. 10:00 am FP 2011-83 Fis

 

9. 10:15 am FP's 2011-80, 103, & 105 Env-A

 

Disc. on edit changes Env-Wq

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal


1. Convene and Review Minutes

 

JLCAR Deadlines Noted Below:

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.

 

 

CONSENT AGENDA

 

2. Committee Approval of Final Proposals and Proposed Interim Rule:

 

 

(a) FP 2011-81

Approval

JUVENILE PAROLE BOARD
Juvenile Parole Board Rules

(JLCAR Deadline October 17, 2011.)

 

 

(b) FP 2011-87

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Elderly and Adult Services

Adult Medical Day Services

(JLCAR Deadline October 17, 2011.)

 

 

(c) FP 2011-96

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services

Elimination of Service Limit Caps for Physician Services and Increase in Service Limit Caps for Psychotherapy Services

(JLCAR Deadline October 17, 2011.)

 

 

(d) FP 2011-104

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES
Air Related Programs

Permit Application Forms

(JLCAR Deadline October 17, 2011.)

 

 

(e) INT 2011-26

Approval

DEPARTMENT OF SAFETY

International Registration Plan Interim Rules

(JLCAR Deadline December 1, 2011. Former rules expired September 3, 2011.)

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

4. 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 August 18, 2011:

 

 

INT 2011-19

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Dating Prewrapped Sandwiches

(Response not yet received. Waiver of 9-1-11 deadline has been granted.)

 

 

INT 2011-24

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Criminal Records & Central Registry Checks for License-Exempt Child Care Providers

(Response received 8-19-11 and confirmed 8-19-11.)

 

 

FP 2011-43

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Lead Paint Poisoning Prevention and Control Rules

(Response received 8-19-11 and confirmed 8-22-11.)

 

Conditionally Approved September 1, 2011:

 

 

FP 2011-26

PUBLIC UTILITIES COMMISSION

Uniform Administration of Customer Relations

(Response received 9-9-11 and confirmed 9-911.)

 

 

NOTE: The following proposed expedited repeal is being withdrawn by the agency. No further Committee action is required:

 

 

EXP 2011-2

PUBLIC EMPLOYEE LABOR RELATIONS BOARD
Written Majority Authorization

(No JLCAR Deadline. Repeal implements 2011, 159 (HB 589), effective August 8, 2011.)

 

 

REGULAR AGENDA

 

5. Consider postponing action on certain items to another meeting.

 

 

6. GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

 

 

(a) FP 2011-60

Conditional Approval

Multipart Application Form for Initial Licensure

(JLCAR Deadline September 22, 2011.)

 

 

(b) FP 2011-61

Conditional Approval

Multipart Application Form for Renewal of Licensure

(JLCAR Deadline September 22, 2011.)

 

 

7. FP 2011-35

Conditional Approval

PUBLIC UTILITIES COMMISSION
Net Metering for Customer-Owned Renewable Energy Generation Resources
of 1000 Kilowatts or Less

(JLCAR Deadline September 29, 2011.)

 

 

8. FP 2011-83 Conditional Approval

 

FISH AND GAME DEPARTMENT
Fish and Game 2012 Fishing Rules

(JLCAR Deadline October 13, 2011.)

 

 

9. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2011-80

Approval

Air Related Programs

Conformity of Transportation Plans and Federal Actions

(JLCAR Deadline October 6, 2011. Most existing rules will expire October 14, 2011.)

 

 

(b) FP 2011-103

Approval

Air Related Programs

Statewide Air Permit System

(JLCAR Deadline October 17, 2011. Most existing rules will expire October 24, 2011.)

 

 

(c) FP 2011-105

Approval with Understanding

Air Related Programs

Sulfur Dioxide and Nitrogen Oxides Annual Budget Trading and Banking Program

(JLCAR Deadline October 17, 2011. Existing rules will expire November 9, 2011.)

 

 

(d) Discussion on request by the Department of Environmental Services to the Office of Legislative Services regarding an editorial change to existing rules in Env-Wq 1500 Alteration of Terrain.

Recommended

 

 

10. INT 2011-25

Approval

DEPARTMENT OF SAFETY

Various Vehicle Registration Interim Rules

(JLCAR Deadline December 1, 2011. Existing rules will expire October 17, 2011.)

 

 

11. Discussion on amended draft Drafting and Procedure Manual for Administrative Rules--Approving initial draft and setting hearing date and comment deadline.

 

 

12. LUNCH BREAK

 

 

13. DEPARTMENT OF SAFETY

 

 

(a) FP 2011-92

Postponed to 10/6/11 Continued Meeting

Authority to Cite Fire Safety Violators Rules

(JLCAR Deadline October 17, 2011. Former rules expired February 22, 2011.)

 

 

(b) FP 2011-93

Postponed to 10/6/11 Continued Meeting

State Fire Code Rules

(JLCAR Deadline October 17, 2011.)

 

 

14. FP 2011-71

Postponed to 10/6/11 Continued Meeting

ASSESSING STANDARDS BOARD
Certification of Assessors

(JLCAR Deadline October 17, 2011.)

 

 

15. INSURANCE DEPARTMENT

 

 

(a) FP 2011-75

Postponed to 10/6/11 Continued Meeting

Antifraud Plan Standards

(JLCAR Deadline October 13, 2011.)

 

 

(b) OR 2011-42*

Postponed to 10/6/11 Continued Meeting

Coverage for Individuals Under the Age of 19

(JLCAR Deadline November 22, 2011.)

*Response not expected to be filed until after 9-15-11.

 

 

16. OR INT 2011-20

Postponed to 10/6/11 Continued Meeting

DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD
Certification Seal Rules

(No JLCAR Deadline to review OR, but if INT 2011-20 as amended is not approved by November 3, 2011, the agency shall not adopt the interim rule. Rule implements 2011, 212 (SB 157), effective July 1, 2011.)

 

 

OTHER BUSINESS

17. Other