Joint Legislative Committee on Administrative Rules

 

 

Action Minutes

 

APRIL 15, 2005

 

 

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

 

(**)  Indicates where Part 1, Article 28-a of the N.H. Constitution was an issue in the Committee’s discussions or decisions in this meeting.  (See Items #8 thru #10, #13, and #14.  However, these items were approved.)

 

1.  The meeting was convened at 9:05 a.m. by Rep. Patten as Vice-Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Allan, Dodge, and Millham, and Sens. Estabrook, Larsen, Clark, and Bragdon.

 

     Reps. Taylor and Wall and Sen. Letourneau arrived shortly after the Committee convened.

 

     Rep. Patten appointed Rep. Dodge, Sen. Bragdon, and Sen. Larsen as alternates, respectively, for Rep. Bicknell, Sen. Martel, and Sen. Flanders, who were absent.

 

2.  The Committee discussed the minutes of the regular meeting on March 18, 2005.

 

     Rep. Taylor moved that the minutes be approved.

 

     Rep. Allan seconded.

 

     Adopted.

 

3.  The Committee discussed the following final proposals and proposed interim rule from the agencies indicated (Consent Agenda - Final Proposals and Proposed Interim Rules):

 

FP 2004-183

BOARD OF LICENSED DIETITIANS

Explanation of Adopted Rules; License Requirements; Continued Status and Ethical Standards

 

 

FP 2004-191

GOVERNING BOARD OF ATHLETIC TRAINERS

Organizational Rules

 

 

FP 2004-192

GOVERNING BOARD OF ATHLETIC TRAINERS

Procedural Rules

 

 

FP 2004-193

GOVERNING BOARD OF ATHLETIC TRAINERS

Procedures for the Receipt of Misconduct Complaints and the Conduct of Disciplinary Hearings; Settlements; Explanation of Adopted Rules; Voluntary Surrender of License

 

 

FP 2004-206

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Air Resources

Fuel Specifications for Air Pollution Control

 

 

FP 2004-207

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Air Resources

Fuel Burning Devices

 

 

FP 2005-12

DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

Rabies Control

 

 

FP 2005-19

DEPARTMENT OF SAFETY

Watercraft Restrictions

 

 

FP 2005-21

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Redeterminations and Interviews

 

 

FP 2005-22

DEPARTMENT OF SAFETY

Bureau of Title and Anti-Theft Rules

 

 

INT 2005-5

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Air Resources

Clean Air in State Buildings

 

      Sen. Clark moved that the Committee approve the final proposals and proposed interim rule.

 

     Rep. Wall seconded.

 

     Adopted.

 

4.  The Committee discussed the following response to a Committee preliminary objection (Consent Agenda - Responses to Objections):

 

OR 2004-118

NATUROPATHIC BOARD OF EXAMINERS

Licensing and Certification Requirements

 

     Rep. Taylor moved that the Committee accept the response and approve the rules.

 

     Rep. Wall seconded.

 

     Adopted.

 

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

 

     Action to postpone was not taken at this time.

 

6.  The Committee discussed Final Proposal 2004-157 from the Board of Education (Rules of Practice and Procedure).

 

     The agency had submitted a request for conditional approval with a letter dated April 11, 2005 and attached rule dated April 20, 2005.

 

     Rep. Wall moved that the Committee conditionally approve Final Proposal 2004-157 as requested by the agency.

 

        Sen. Letourneau seconded.

 

        Adopted.

 

7.  The Committee discussed Final Proposal 2005-23 from the Department of Safety (Various Carnival Amusement Ride Rules).  Marta Modigliani and Barbara Kowalik testified for the agency.

 

     Sen. Estabrook and Sen. Letourneau left the meeting during the discussion of this item.

 

     Rep. Allan moved that the Committee conditionally approve Final Proposal 2005-23 on the condition that the words "or viewing" be inserted in Saf-C 1404.03 after the words "otherwise using".

 

     Sen. Clark seconded.

 

     Adopted.

 

**8. The Committee discussed Final Proposal 2004-210 from the Department of Environmental Services (Division of Water, Rivers Management and Protection Program).  Gretchen Hamel testified for the agency.

 

     Sens. Estabrook and Letourneau returned to the meeting during the discussion of this item.

 

     Sen. Clark moved that the Committee approve Final Proposal 2004-210.

 

     Rep. Wall seconded.

 

     Approved.

 

     Rep. Patten indicated for the record the understanding that the agency would consider in a future rulemaking proceeding the issues outlined in the annotations by Administrative Rules Director Eaton.

 

**9. The Committee discussed Final Proposal 2004-211 from the Department of Environmental Services (Division of Water, Shoreland Protection Rules). Gretchen Hamel and Collis Adams testified for the agency.

 

     Sen. Bragdon moved that the Committee approve Final Proposal 2004-211.

 

     Sen. Clark seconded.

 

     Adopted.

 

**10. The Committee discussed Final Proposal 2005-1 from the Department of Environmental Services (Division of Water, Certification of Wastewater Treatment Plant Operators).  Gretchen Hamel and Mary Jane Meier testified for the agency.

 

        Rep. Dodge moved that the Committee approve Final Proposal 2005-1.

 

        Sen. Larsen seconded.

 

        Adopted.

 

11.  The Committee discussed Final Proposal 2005-4 from the Department of Environmental Services (Division of Water, Wetlands Organization and Definitions).  Gretchen Hamel and Collis Adams testified for the agency.

 

      George Seiler of Enfield also testified, representing himself.

 

        Rep. Taylor moved that the Committee conditionally approve Final Proposal 2005-4 on the condition that the words "but are not limited to" be deleted from Wt 101.99.

 

        Sen. Clark seconded.

 

        Adopted.

 

12.  The Committee discussed Final Proposal 2005-5 from the Department of Environmental Services (Division of Water, Wetlands Rules).  Gretchen Hamel and Collis Adams testified for the agency.

 

      The agency had requested a conditional approval in a letter dated March 29, 2005 and attached rule amendment.

 

      Sen. Larsen left the meeting during the discussion of this item.

 

      Sen. Clark moved that the Committee conditionally approve Final Proposal 2005-5 as requested by the agency.

 

      Rep. Wall seconded.

 

      Adopted.

 

**13. The Committee discussed the response of the Department of Environmental Services to the Committee's preliminary objection to Final Proposal 2004-181 (Division of Water, Standards for the Pretreatment of Industrial Wastewater).  Gretchen Hamel and George Carlson testified for the agency.

 

     Sen. Estabrook left the meeting during the discussion of this item.

 

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

 

        Rep. Taylor seconded.

 

        Adopted.

 

**14. The Committee discussed Proposed Interim Rule INT 2005-6 from the Department of Environmental Services (Division of Waste Management, Control of Aboveground Petroleum Storage Facilities).  Gretchen Hamel testified for the agency.

 

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

 

        Rep. Taylor seconded.

 

        Adopted.

 

15.  After a break, with Reps. Patten, Wall, Allan, Dodge, Millham, and Taylor, and Sens. Clegg, Bragdon, Clark, Estabrook, and Letourneau present, the Committee discussed Final Proposal 2004-213 from the Department of Health & Human Services (Former Division of Mental Health and Developmental Services, Establishment and Operation of Area Agencies).

 

      Rep. Patten appointed Sen. Clegg as an alternate for Sen. Flanders, who was absent.

 

      Rep. Pilotte arrived during the discussion of this item.  Since Rep. Dodge had been appointed as an alternate for Rep. Bicknell, who was absent, Reps. Millham and Pilotte as alternates were not appointed and were not voting.

 

      The following persons provided public testimony:

 

            Caroline McCarley, representing Governor Lynch.

            Sen. Peter H. Burling

            Rep. Ruth Z. Bleyler

            Rep. Lee M. Hammond

            Rep. Thomas L. Buco

            Rep. Susan W. Almy

            Rep. Laurie Harding

            Clifton C. Below, representing himself.

            Margie Matthews, representing Center of Hope of Center Conway, N.H.

            Nabil Elkouh, representing United Developmental Services of Enfield, N.H.

            Carol Stamatakis, representing the N.H. Developmental Disabilities Council.

            Dennis MacKay, representing Northern N.H. Mental Health and Developmental Services.

            John Gotjen, representing the Center of Hope.

            Richard Cohen, representing the Disabilities Rights Center of Concord, N.H.

            Kirsten Murphy, representing United Developmental Services.

 

      Michelle Winchester, representing the Institute for Health, Law and Ethics of the Franklin Pierce Law Center, registered her opposition to the rules but chose not to speak.

 

      After public testimony, Mary Castelli, Matthew Ertas, and Lisabritt Solsky representing the Department, and Susan Perry of Developmental Services of Sullivan County, testified for the Department.

 

      Sen. Estabrook moved that the Committee make a preliminary objection to Final Proposal 2004-213 based on the grounds as outlined in the annotations to the final proposal by Committee Attorney Morrell, on public testimony, and that the final proposal violates Committee rules 403.01 (a), (c), (d), and (f), 403.02(b)(2) and (4), and 404.01 (a)(1), (2) and (5).

 

      Rep. Taylor seconded.

 

      Adopted.

 

16.  With Reps. Patten, Taylor, Wall, Dodge, Millham, and Pilotte, and Sens. Letourneau, Clark, and Bragdon present, the Committee discussed the response of the Department of Health and Human Services to the Committee's preliminary objection to Final Proposal 2004-174 (Former Division of Mental Health and Developmental Services, Day Services).  Ken Nielsen and Lisabritt Solsky testified for the agency.

 

      Rep. Patten appointed Reps. Pilotte and Millham as alternates, respectively, for Reps. Allan and Sen. Flanders, who were absent.

 

      Sen. Bragdon left during the discussion of this item.

 

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

 

      Rep. Wall seconded.

 

     Adopted.

 

17.  The Committee discussed Final Proposal 2004-190 from the Public Utilities Commission (Rules for Telephone Utility Service and Local Telecommunications Competition).  Suzanne Amidon and Kate Bailey testified for the agency and submitted a letter dated April 15, 2005 from the agency.

 

      The Committee had received written testimony from Verizon dated April 14, 2005 and Conversent Communications dated April 14, 2005.

 

     Sen. Clark moved that the Committee make a preliminary objection to Final Proposal 2004-190 on the grounds as outlined in the annotations to the rules by Administrative Rules Director Eaton and in public testimony from Verizon and Conversent Communications.

 

     Sen. Letourneau seconded.

 

     Adopted.

 

18.  Rep. Taylor moved that the Committee recess and postpone the following items to the continued meeting on May 6, 2005.

 

12.    FP 2004-180

BOARD OF EDUCATION

Standards for School Approval

(JLCAR Deadline May 16, 2005.)

 

 

13.    FP 2004-194

GOVERNING BOARD OF ATHLETIC TRAINERS

Requirements for Licensure

(JLCAR Deadline May 9, 2005.)

 

14.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2004-197

Division of Water

Water Conservation Rules

(JLCAR Deadline May 16, 2005.)

 

(b)  FP 2004-198

Division of Water

Filtration, Disinfection, Treatment Plant and Waste Recycling Rule

(JLCAR Deadline May 16, 2005.)

 

 

(c)  FP 2004-199

Division of Water

Minor Corrections and Clarification to NH Drinking Water Rules

(JLCAR Deadline May 16, 2005.)

 

 

(d)  FP 2005-20

Division of Water

Control of Aboveground Petroleum Storage Facilities

(JLCAR Deadline May 16, 2005.)

 

15.    FP 2005-16

DEPARTMENT OF SAFETY

Road Toll Administration Rules

(JLCAR Deadline May 16, 2005.)

 

 

16.    OR 2004-212

INSURANCE DEPARTMENT

Ins 1905 Minimum Standards for Medicare Supplement Policies

(JLCAR Deadline June 20, 2005.)

 

 

17.    Discussion on emergency rules.

 

         (a)  Department of Resources and Economic Development

Rules for Forest Fire Service and Administrative Fines

 

         (b)  Department of Safety

Electrical Requirements for Carnival Amusement Ride Rules

 

18.    Discussion on proposed rulemaking petition for the Department of Safety relative to amending Saf-C 5203.04 on maximum rates for hazardous materials incident response.

         (Formerly Item 7 on 4-1-05 agenda.)

 

 

19.    Discussion on responses to petitions:

 

(a)  Petition to the Department of Environmental Services relative to Env-Ws 905 concerning standards for management of mercury-containing amalgam.  (Petition made October 28, 2004.  See response dated December 10, 2004).

         (Formerly Item 8(a) on 4-1-05 agenda.)

 

(b)  Petition to the Board of Education to undertake a new rulemaking proceeding relative to standards for educational personnel and approval of professional preparation programs in order to conform with federal law regarding the use of Social Security Numbers.  (Petition made November 19, 2004.  See response dated December 16, 2004).

(Formerly Item 8(b) on 4-1-05 agenda.)

 

OTHER BUSINESS

20.    Other

 

     Sen. Clark seconded.

 

      The Committee recessed at 1:40 p.m.