Joint Legislative Committee on Administrative Rules
Action Minutes
APRIL 15, 2005
Members Present: Representatives Patten,
(**) 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 |
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FP 2004-191 |
GOVERNING BOARD OF ATHLETIC TRAINERS Organizational Rules |
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FP 2004-192 |
GOVERNING BOARD OF ATHLETIC TRAINERS Procedural Rules |
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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 |
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FP 2004-206 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division
of Air Resources Fuel
Specifications for Air Pollution Control |
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FP 2004-207 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Air Resources Fuel Burning Devices |
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FP 2005-12 |
DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD Rabies Control |
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FP 2005-19 |
DEPARTMENT OF SAFETY Watercraft Restrictions |
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FP 2005-21 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Redeterminations and Interviews |
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FP 2005-22 |
DEPARTMENT OF SAFETY Bureau of Title and Anti-Theft Rules |
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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
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
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
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
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
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,
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.) |
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13. FP 2004-194 |
GOVERNING BOARD OF ATHLETIC TRAINERS Requirements for Licensure (JLCAR Deadline May
9, 2005.) |
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14. DEPARTMENT OF
ENVIRONMENTAL SERVICES |
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(a) FP 2004-197 |
Division of Water Water Conservation Rules (JLCAR Deadline May 16, 2005.) |
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(b) FP 2004-198 |
Division of Water Filtration, Disinfection, Treatment Plant and Waste Recycling Rule (JLCAR Deadline May 16, 2005.) |
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(c) FP 2004-199 |
Division of Water Minor Corrections and Clarification to NH Drinking Water Rules (JLCAR Deadline May 16, 2005.) |
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(d) FP 2005-20 |
Division of Water Control of Aboveground Petroleum Storage Facilities (JLCAR Deadline May 16, 2005.) |
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15. FP 2005-16 |
DEPARTMENT OF SAFETY Road Toll Administration Rules (JLCAR Deadline May 16, 2005.) |
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16.
OR 2004-212 |
INSURANCE DEPARTMENT Ins 1905 Minimum Standards for Medicare Supplement Policies (JLCAR Deadline June 20, 2005.) |
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17. Discussion on emergency rules. |
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(a) Department of Resources and Economic Development Rules for |
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(b) Department of Safety Electrical
Requirements for Carnival Amusement Ride Rules |
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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.) |
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19. Discussion on responses to petitions: |
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(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.) |
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(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.) |
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OTHER BUSINESS |
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20. Other |
Sen. Clark seconded.
The Committee recessed at 1:40 p.m.