JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
APRIL 17, 2009
Members Present: Representatives Pilotte, Patten, Taylor*, Kidder*, and Sad*, and
Senator Cilley. (*) Indicates alternate member.
(**) 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 9:05 a.m. by Rep. Pilotte as Vice-Chair.
Members
present at this time, aside from Rep. Pilotte, were Reps. Patten,
Rep. Pilotte appointed Reps. Sad, Kidder, and Taylor as alternates, respectively, for Reps. Schmidt, Millham, and Gottling, who were absent.
2. The Committee discussed the minutes of the Committee
meeting on March 20, 2009.
Rep. Patten moved that the minutes be
approved with the following corrections: (1) change the spelling of “Chalmers”
to “Chalsma” in the name of the representative of the Department of Health and
Human Services in Item 16 of the minutes, (2) change the date of the April
Committee meeting from “April 20” to “April 17” in Item 18 of the minutes, and
(3) change the date of the continued Committee meeting in June from “June 3” to
“June 5” in Item 19 of the minutes.
Rep. Taylor seconded.
Adopted.
3. The Committee discussed whether to postpone certain items to another meeting.
Rep. Patten moved that the Committee postpone action on the following items:
9. OR 2008-221 |
DEPARTMENT OF RESOURCES AND
ECONOMIC DEVELOPMENT Rules for the Job Training
Program (JLCAR Deadline June 9, 2009.) |
|
|
12. Response
to Preliminary Objection Made in March 20, 2009 Meeting But Not Yet Received
by Committee Staff: |
|
|
|
OR 2008-260 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Carbon Dioxide
(CO2) Offset Projects (JLCAR Deadline June 23, 2009.) |
Rep. Taylor seconded.
Adopted.
4. The Committee discussed the following final
proposals from the agencies indicated (Consent Agenda – Final Proposals):
FP 2009-2 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Specific Applicability
for Temporary Permits |
|
|
FP 2009-3 |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Air Related Program Applicability of Testing and Monitoring
Requirements |
|
|
FP 2009-26 |
REAL
ESTATE COMMISSION Fees |
Rep. Taylor moved that the final proposals be
approved.
Rep Kidder seconded.
Adopted.
5. The Committee discussed Final Proposal 2008-219
from the Public Utilities Commission (Rules for Telecommunications). Anne Ross, General Counsel, testified for the
Commission.
The Commission had submitted a request for conditional
approval in a letter and amended proposal dated April 15, 2009.
Teresa Rosenberger of Devine Millimet
testified for the N.H. Telephone Association.
Rep. Patten moved that the Committee accept
the Commission’s conditional approval request and conditionally approve Final Proposal
2008-219 based on the request.
Rep. Taylor seconded.
Adopted.
6. The Committee discussed Final Proposal 2009-7
from the Fish and Game Department (Special Deer Permit for Governor’s
Kevin Keohan, representing the Governor’s
Island Club, registered his support of the Final Proposal but did not speak.
Rep. Patten moved that the Committee approve
Final Proposal 2009-7.
Rep. Kidder seconded.
Adopted.
7. The Committee discussed Proposed Interim Rule
INT 2009-7 from the Department of Environmental Services (Division of Water,
Minor Groundwater Withdrawals). Peter
Demas and Stephen Roy testified for the Department.
Sen. Cilley moved that the Committee approve
Proposed Interim Rule INT 2009-7.
Rep. Patten seconded.
Adopted.
8. The Committee discussed Proposed Interim Rule
INT 2009-8 from the Department of Environmental Services (Division of Water,
Major Groundwater Withdrawals). Peter
Demas and Stephen Roy testified for the Department.
Sen. Cilley moved that the Committee
approve Proposed Interim Rule INT 2009-8.
Rep. Kidder seconded.
Adopted.
9. The Committee discussed Final Proposal 2009-19
from the Department of Environmental Services (Drinking Water Programs, Water
Supply Land Protection Grant Program). Holly
Green and Peter Demas testified for the Department.
Rep. Patten moved that the Committee make
a preliminary objection to Final Proposal 2009-19 on the grounds as outlined in
the annotations to Env-Dw 1002.04(a) and Env-Dw 1002.13(g)(3), with the
understanding that the words “unless otherwise limited by the legislation that
provides the funding or by executive order” would be removed from Env-Dw
1002.04(a), and that the words “unfragmented block of undeveloped and” in
Env-Dw 1002.13(g)(3) would be defined.
Rep. Sad seconded.
Adopted.
10. The Committee discussed Proposed Interim Rule
INT 2009-9 from the Department of Environmental Services (Division of Water,
Water Supply Land Protection Grant Program).
Peter Demas and Holly Green represented the Department.
Rep. Patten moved that the Committee approve
Proposed Interim Rule INT 2009-9.
Rep. Taylor seconded.
Adopted.
11. The Committee discussed Final Proposal 2009-4
from the Department of Environmental Services (Air Related Programs, Voluntary
Greenhouse Gas Emissions Reductions Registry).
Joanne Morin and Peter Demas testified for the Department.
The Department had submitted a conditional
approval request with a letter and amended proposal dated April 13, 2009.
Rep. Patten moved that the Committee accept
the conditional approval request, and conditionally approve Final Proposal
2009-4 based on the request, but with the further change that the words “prior
to the effective date of its 2009 readoption” in Env-A 3803.01 be replaced with
“prior to the chapter’s 2009 effective date.”
Rep. Taylor seconded.
Adopted.
12. After a break, with Reps. Pilotte, Patten,
The Department had submitted a request for conditional approval in a
letter and amended proposal dated April 14, 2009.
Valerie Acres of Sheehan Phinney Capitol
Group testified for the Granite State Home Health Association, and provided
written testimony from Susan M. Young, Executive Director of the Association.
Rep. Patten moved that the Committee accept
the Department’s conditional approval request and conditionally approve Final
Proposal 2009-15 based on the request, but with the further amendment to He-P
809.13(e) to replace “transfer of clients” with “transfer care of clients.”
Rep. Taylor seconded.
Adopted.
13. The Committee discussed Final Proposal 2009-22
from the Department of Health and Human Services (Commissioner,
Employment-Related Child Care). Michael
Holt and Dr. Ellen C. Wheatley testified for the Department.
The following persons registered their
support of the Final Proposal but chose not to testify:
Jackie Cowell, representing Early
Learning N.H.
Rep. Mary Jane Wallner.
Rep. Patten moved that the Committee conditionally
approval Final Proposal 2009-22 on condition that (1) the introductory language
in He-P 6910.09(e)(5) be replaced with the words “To determine if a family is
financially eligible for child care scholarship under He-C 6910.05 (a)(1), (2),
(3), or (4), the DO staff shall:”, and (2) He-C 6910.20(c) be deleted and
paragraphs (d) through (j) be renumbered as (c) through (i).
Sen Cilley seconded.
Adopted.
14. The Committee discussed Final Proposal 2009-21
from the Department of Health and Human Services (Former Division of Public
Health Services, Opthalmic Dispensing Continuing Education). John Martin and Christine Topham testified
for the Department.
The following persons also testified:
Richard Murphy, representing the
N.H. Opticians Society.
Frank Perreault, representing the
N.H. Opticians Society.
Joseph A. Serratore, representing
N.H. Opticians.
Patrick J. Phelan, representing
Luxottica Retail.
Richard L. Bouley, representing the
N.H. Opticians Society.
Sen. Cilley moved that the Committee make
a preliminary objection to Final Proposal 2009-21 on the ground that the
proposed change to He-P 6002.05 is contrary to the public interest by being
designed for the administrative convenience of the agency to the detriment of
the public.
Rep. Kidder seconded.
After further discussion, Sen. Cilley
withdrew her motion and Rep. Kidder withdrew his second.
Sen. Cilley then moved that the Committee
make a preliminary objection to Final Proposal 2009-21 on the ground that the
Final Proposal was contrary to the public interest because the Department
failed to consider fully all public comment pursuant to RSA 541-A:11 because
the Department did not provide the Committee with evidence, in response to the
claim in public testimony in the meeting, that the public comment against the
proposed deletion of the existing rule He-P 6002.05(b) was overruled on the
merits.
Rep. Patten seconded.
Adopted.
22. Sen. Cilley moved that the Committee adjourn.
Rep. Patten seconded.
Adopted.
It was the consensus of the Committee that
the next meeting would be the regular meeting on May 15, and there would be no
continued meeting previously scheduled for May 1.
The Committee adjourned at 1:30 p.m.