JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

Action Minutes

OCTOBER 7, 2010

Members Present: Representatives Pilotte, Schmidt, Gottling, Millham, Kidder*, and Sad*. (*) Indicates alternate members.

(**) Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting.

1. The meeting was convened at 9:04 a.m. by Rep. Pilotte as Vice-Chair.

Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Gottling, Millham, Kidder, and Sad.

Rep. Pilotte appointed Rep. Sad and Rep. Kidder as alternates, respectively, for Sen. Cilley and Rep. Patten, who were absent.

2. The Committee discussed the minutes of the Committee meeting on September 24, 2010.

Rep. Kidder moved that the minutes be approved.

Rep. Sad seconded.

Adopted.

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

Rep. Schmidt moved that the Committee postpone action on the following items to the Committee meeting on October 21, 2010.

16. ROR 2008-165	BOARD OF MENTAL HEALTH PRACTICE Practice and Procedure Rules (JLCAR Deadline November 23, 2010.)
17. Response to Revised Objection Made In September 2, 2010 Meeting But Not Yet Received by Committee Staff:
(a) ROR 2008-166	BOARD OF MENTAL HEALTH PRACTICE Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees (JLCAR Deadline January 12, 2011.)

Rep. Millham seconded.

Adopted.

4. The Committee discussed Final Proposal 2010-79 from the Fish and Game Department (Fish and Game Licenses and Permits; Hunt of a Lifetime Exception). Sandra Falicon testified for the Department.

Rep. Kidder moved that the Committee approve Final Proposal 2010-79.

Rep. Millham seconded.

Adopted.

5. The Committee discussed Final Proposal 2010-77 from the Department of Environmental Services (Water Quality and Quantity Programs, Winnipesaukee River Basin Program Rules). Peter Demas testified for the Department.

Rep. Schmidt moved that the Committee recess on this item in order for the Department to contact the operator of the wastewater treatment plant in Franklin.

Rep. Kidder seconded.

Adopted.

6. The Committee discussed Final Proposal 2010-81 from the Department of Environmental Services (Air Related Programs, Nitrogen Oxides (NOx) Reasonably Available Control Technology (RACT)). Peter Demas and Karla McManus testified for the Department.

Rep. Schmidt moved that the Committee approve Final Proposal 2010-81.

Rep. Gottling seconded.

Adopted.

7. After a break, with Reps. Pilotte, Schmidt, Gottling, Millham, Kidder, and Sad present, the Committee resumed the discussion of Final Proposal 2010-77 from the Department of Environmental Services (Water Quality and Quantity Programs, Winnipesaukee River Basin Program). Peter Demas and Vernon Hipkiss, an operator at the Franklin Wastewater Treatment Plant, testified for the Department.

Rep. Schmidt moved that the Committee approve Final Proposal 2010-77.

Rep. Millham seconded.

Adopted.

8. The Committee discussed proposed amendments to the New Hampshire Drafting and Procedure Manual for Administrative Rules, which are subject to Committee approval pursuant to RSA 541-A:8.

The following persons testified:

Steven Rancourt of Pelham, N.H., representing himself.

Al Lawrence of Madbury, N.H., representing himself.

Don Mendzeln of Londonderry, N.H., representing himself.

Michael Holt, representing the Department of Health and Human Services.

Thomas Kehr, representing the Department of Administrative Services.

Rep. Gottling had left before the testimony of Don Mendzeln. A quorum of the Committee was no longer present at that time.

The Committee meeting ended at 12:19 p.m. at the direction of the Vice-Chair but without formal adjournment, because a quorum was not present.

The following item was effectively postponed:

OTHER BUSINESS

18. Other