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, Taylor, Kidder, and Sad, and Sen. Cilley.

 

     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 Island; Long Island Deer Permits; and Remove Seals Made from Lead in the Bear Rules).  Sandra Falicon and Steve Weber testified for the Department.

 

     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, Taylor, Kidder, and Sad, and Sen. Cilley present, the Committee discussed Final Proposal 2009-15 from the Department of Health and Human Services (Former Division of Public Health Services, Home Health Care Providers).  John Martin, Jeanne Donohoe, and Rodney Bascom testified for the Department.

 

        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.