Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

OCTOBER 20, 2005

 

 

Members Present:   Representatives Patten, Taylor, Allan, Wall, and Pilotte*, and Senators Letourneau, Clark, and Clegg*. (*) Indicates alternate member.

 

(**)  Indicates where Part 1, Article 28-a was an issue in the Committee’s discussions or decisions in this meeting.  (See Items #11 and #13.  Item #11 was conditionally approved.  Item #13 was approved).

 

1.  The meeting was convened at 9:08 a.m. by Rep. Patten as Vice-Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Allan and Pilotte, and Sens. Letourneau, Clegg, and Clark.

 

     Rep. Patten appointed Sen. Clegg and Rep. Pilotte as alternates, respectively, for Sen. Martel and Rep. Wall, who were absent.

 

2.  The Committee discussed the minutes of the continued Committee Meeting on October 6, 2005.

 

     Rep. Pilotte moved that the minutes be approved.

 

     Sen. Clegg seconded.

 

     Adopted.

 

3.  The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):

    

(a)  FP 2005-77

OIL FUND DISBURSEMENT BOARD

Organizational Rules

 

(b)  FP 2005-141

POLICE STANDARDS & TRAINING COUNCIL

Medical Suitability for Physical Fitness Training

 

(c)  FP 2005-144

BOARD OF NURSING

Specific Rules for Application and Verification Fees

 

(d)  FP 2005-148

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Personal Needs Allowance

 

 

     Rep. Wall arrived during the discussion of this item.

 

     Rep. Patten appointed Rep. Pilotte as an alternate for Sen. Estabrook, who was absent.

 

     Sen. Letourneau moved that the Committee approve the final proposals.

 

     Rep. Allan seconded.

 

     Adopted.

 

4.    The Committee discussed whether to postpone action on certain items to another meeting.

 

     No action to postpone was made at this time.

 

5.    The Committee discussed Proposed Interim Rule INT 2005-20 from the Department of Safety (Interim Alcohol and Controlled Drugs).

 

     Sen. Clark moved that the Committee approve Proposed Interim Rule INT 2005.20.

 

     Rep. Wall seconded.

 

     Adopted.

 

6.    The Committee discussed Proposed Interim Rule INT 2005-21 from the Department of Health and Human Services (Commissioner, Certification of Payment Standards for Residential Facilities).  Lisabritt Solsky and Michele Beasley testified for the agency.

 

     Sen. Clegg moved that the Committee move the 7-day notice requirement under RSA 541-A:19, V.

 

     Sen. Clark seconded.

 

     Rep. Taylor arrived in the meeting at this time.

 

     Adopted.  Rep. Patten noted for the record that Rep. Taylor did not vote.

 

It also was the consensus of the Committee that the action minutes of the meeting reflect the special circumstances of this case, where the deadline to file the Proposed Interim Rule to assure adequate notice in the Rulemaking Register was earlier than the deadline to file the proposal for placement on the Committee’s agenda.

 

     Sen. Clegg moved that the Committee approve Proposed Interim Rule INT 2005-21.

 

     Sen. Letourneau seconded.

 

     Adopted.

 

7.    The Committee discussed Final Proposal 2005-147 from the Department of Health and Human Services (Former Division of Human Services, Financial Assistance and Eligibility for Medical Care).  Lisabritt Solsky testified for the agency.

 

     Marta Modigliani, representing the Department of Safety, also testified.

 

     Rep. Allan moved that the Committee approve Final Proposal 2005-147.

 

     Sen. Clegg seconded.

 

     Adopted.

 

8.    The Committee briefly discussed Final Proposal 2005-160 from the Passenger Tramway Safety Board (Fee Increase Rule), with Marta Modigliani of the Department of Safety testifying for the Board.

 

     No action was taken at this time.

 

9.    After a break, with Reps. Patten, Allan, Pilotte, and Wall, and Sen. Clark present, the Committee discussed Final Proposal 2005-135 from the Wetlands Council (Wetlands Council Definitions, Organization, and Public Information).  Gretchen Hamel of the Department of Environmental Services and Lawrence Morse, Vice-Chair of the Council, testified for the agency.

 

     Rep. Taylor returned to the meeting shortly after the discussion on this item began.  A quorum was now present.

 

     Sen. Letourneau returned during the discussion of this item.

 

     Rep. Taylor moved that the Committee approve Final Proposal 2005-135.

 

     Rep. Wall seconded.

 

     Adopted.

 

10.  The Committee discussed Final Proposal 2005-136 from the Wetlands Council (Wetlands Council Practice and Procedure).  Gretchen Hamel of the Department of Environmental Services and Lawrence Morse, Vice-Chair of the Council, testified for the Council.

 

     Sen. Clegg returned to the meeting as the discussion on this item began, and Rep. Taylor left.

 

     Sen. Clegg moved that the Committee make a preliminary objection to Final Proposal 2005-136 on the ground that the rules, particularly Env-WtC 203.05 and 203.06, were unclear to the extent that intervenors are included as parties.

 

     Sen. Clark seconded.

 

     Adopted.

 

**11. The Committee discussed Final Proposal 2005-139 from the Department of Environmental Services (Water Quality and Quality Programs, Public Bathing Places).  Gretchen Hamel, R. Tim Wilson, and Jody Connor represented the agency.

 

     Gretchen Hamel had requested, on behalf of the Department, a conditional approval in a letter and attached rule dated October 19, 2005.

 

     Sen. Clegg moved that the Committee make a preliminary objection to Final Proposal 2005-139 on the grounds (1) that the final proposal violated Part 1, Article 28-a of the N.H. Constitution and (2) as outlined in the agency’s request for a conditional approval, and including submission of a corrected Incorporation by Reference Statement.

 

     Sen. Letourneau seconded.

 

     On a show of hands, the vote was 3 “yes” and 4 “no”.  The motion was not adopted.

 

     Rep. Allan then moved that the Committee conditionally approve Final Proposal 2005-139 as requested in the agency’s letter and attached rule dated October 19, 2005, including submission of a corrected Incorporation by Reference Statement for the document in Env-Wq 1106.03 (b) (6) a.

     Sen. Clark seconded.

 

     On a show of hands, the vote was 5 “yes” and 2 “no”.  The motion was adopted.

 

     Rep. Patten noted for the record that Sen. Clegg and Sen. Letourneau objected to the conditional approval on the grounds that the final proposal violated Part 1, Article 28-a of the N.H. Constitution.

 

12.                      Lunch break at 12:20 p.m.

 

**13.   Reconvening at 1:10 p.m. with Reps. Patten, Taylor, Wall, Allan, and Pilotte, and Sens. Letourneau, Clark, and Clegg present, the Committee discussed the response of the Department of Environmental Services to the Committee’s preliminary objection to Final Proposal 2005-31 (Division of Water, Septage Management Rules).

 

     The following members of the public testified:

 

           David Joubert

 

Caroline Snyder, representing Citizens for Sludge-Free Land, who also submitted written testimony from Angelika Ratsep and Linda Ratsep on behalf of their mother Helvi Ratsep and from Diane St. Germain, representing Citizens for Sludge-Free Land.

 

           Rich Cote

 

           Beth Croteau

 

           Darlene Johnson, representing the N.H. Association of Septage Haulers.

 

           Diane and Josiah Bartlett

 

           William Gosse, representing the N.H. Association of Septage Haulers.

 

           Shelagh Connelly, representing Resource Management, Inc.

 

     Michael Bentley, representing Gerald A. Bell, presented written testimony.

 

Getchen Hamel, Pat Hannon, and Chris Way then testified for the agency and submitted written testimony from Dr. Elizabeth Talbot.

 

     Sen. Clegg moved that the Committee accept the response and approve the rules.

 

     Rep. Allan seconded.

 

     On a show of hands, the vote was 4 “yes” and 3 “no”.  The motion was adopted.

 

14.  The Committee discussed the response of the Department of Environmental Services to the Committee’s preliminary objection to Final Proposal 2005-112 (Solid Waste Programs, Solid Waste Program Rules).  Gretchen Hamel testified for the agency.

 

     The following persons also testified:

 

           Karen Irwin, representing Reach for Tomorrow.

 

           Charles V. Nelson, representing LL & S Wastewood Processing Plant at Salem, N.H.

 

Sen. Clegg moved that the Committee make a final objection to Final Proposal 2005-112 on the grounds that the inclusion of Env-Sw 1501.03 and Env-Sw 1507.05, and references for these rules, in the objection response warranted an opportunity for further public input and therefore were contrary to the public interest since no further public hearing was held by the Department.

 

     Sen. Letourneau seconded.

 

A roll call vote was called.  The vote was as follows:

          

 

Yes

No

Rep. Patten

X

 

Rep. Wall

X

 

Rep. Allan

X

 

Rep. Pilotte

X

 

 

 

 

Sen. Letourneau

X

 

Sen. Clark

X

 

Sen. Clegg

X

 

 

7

0

 

The vote was 7 “yes” and 0 “no”.  The motion was adopted.

 

Sen. Clegg moved that the Committee vote to sponsor a joint resolution to Objection Response 2005-112 on the same grounds as for the final objection and recommend that the resolution refer the issues by these proposed rules to the appropriate standing committees of the House and Senate.

 

      Rep. Pilotte seconded.

 

      A roll call vote was called.  The vote was as follows:

          

 

Yes

No

Rep. Patten

X

 

Rep. Wall

X

 

Rep. Allan

X

 

Rep. Pilotte

X

 

 

 

 

Sen. Letourneau

X

 

Sen. Clark

X

 

Sen. Clegg

X

 

 

7

0

 

      The vote was 7 “yes”and “0” no.  The motion was adopted.

 

15.   The Committee recessed at 4:15 p.m., effectively postponing consideration of the following items to the next Committee meeting on October 27, 2005:


 

 

10.    OIL FUND DISBURSEMENT BOARD

 

 

(a)  FP 2005-78

Oil Fund Disbursement Board Procedures

(JLCAR Deadline November 14, 2005.)

 

 

(b)  FP 2005-79

Rules for Reimbursement, Repeal of Rules for Reimbursement

Under RSA 146-G

(JLCAR Deadline November 4, 2005.)

 

 

11.    FP 2005-75

BANKING DEPARTMENT

Amendments to Bylaws

(JLCAR Deadline November 10, 2005.)

 

12.    FP 2005-160

PASSENGER TRAMWAY SAFETY BOARD

Fee Increase Rule

(JLCAR Deadline November 3, 2005.)

 

 

 

 

14.    FP 2005-142

INSURANCE DEPARTMENT

Ins 2400 Actuarial Opinion and Memorandum

(JLCAR Deadline November 7, 2005.)

 

 

15.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2005-124

Division of Water

Drinking Water Quality Standards

(JLCAR Deadline November14, 2005.)

 

 

(b)  FP 2005-125

Division of Water

Variance, Exception, and BAT Rules

(JLCAR Deadline November 14, 2005.)

 

 

(c)  FP 2005-126

Division of Water

General Operating Requirements for Public Water Systems

(JLCAR Deadline November 14, 2005.)

 

 

(d)  FP 2005 127

Division of Water

Backflow Prevention

(JLCAR Deadline November 7, 2005.)

 

 

(e)  FP 2005-128

Division of Water

General Design Standards:  Systems Servicing 1,000 or More People

(JLCAR Deadline November 7, 2005.)

 

 

(f)  FP 2005-129

Division of Water

Design Standards for Small Community Public Water Systems

(JLCAR Deadline November 14, 2005.)

 

 

(g)  FP 2005-130

Division of Water

Design Standards for Non-Community Public Water Systems

(JLCAR Deadline November 14, 2005.)

 

 

(h)  FP 2005-131

Division of Water

Design Standards for Large Public Water Systems

(JLCAR Deadline November 7, 2005.)

 

 

(i)  FP 2005-132

Division of Water

Protecting the Purity of Regulated Watersheds

(JLCAR Deadline November 14, 2005.)

 

 

(j)  FP 2005-133

Division of Water

Public Water Supply Grants

(JLCAR Deadline November 14, 2005.)

 

 

(k)  FP 2005-134

Division of Water

Introduction to Public Drinking Water Rules

(JLCAR Deadline November 14, 2005.)

 

 

16.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2005-53

Former Division of Public Health Services

Requirements for Control of Radiation and Use of Radioactive Materials

(JLCAR Deadline November 21, 2005.)

 

 

(b)  FP 2005-149

Former Division of Public Health Services

Crematory Regulations

(JLCAR Deadline November 21, 2005.)

 

 

(c)  FP 2005-150

Former Division of Public Health Services

Newborn Screening and Newborn Hearing Screening

(JLCAR Deadline November 21, 2005.)

 

 

(d)  FP 2005-151

Division of Elderly and Adult Services

Reserved Bed Days

(JLCAR Deadline November 21, 2005.)

 

 

17.    Remaining Responses to Preliminary Objections Made in September 16, 2005 Meeting But Not Yet Received by Committee Staff.

         (JLCAR Deadline December 20, 2005)

 

 

  (a)  OR 2005-48

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Requirements for the Control of Radiation and Use of Radioactive Material

 

 

18.    Remaining Responses to Preliminary Objections Made in September 29, 2005 Meeting But Not Yet Received by Committee Staff.

         (JLCAR Deadline January 3, 2006)

 

 

  (a)  OR 2005-88

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Licensing Requirements

 

 

OTHER BUSINESS

19.    Other