Joint Legislative Committee on Administrative Rules
Action Minutes
OCTOBER 20, 2005
Members Present: Representatives
Patten,
(**) 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,
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
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
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 |