JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

APRIL 17, 2009 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

Senate Members of JLCAR	House Members of JLCAR
Jacalyn L. Cilley	Maurice L. Pilotte
Martha Fuller Clark	Peter B. Schmidt
Amanda Merrill	Betsey L. Patten
Robert J. Letourneau	Suzanne H. Gottling
Kathleen G. Sgambati (Alt.)	Alida I. Millham
Matthew S. Houde (Alt.)	Laurie J. Boyce (Alt.)
Betsi DeVries (Alt.)	Kathleen N. Taylor (Alt.)
Michael Downing (Alt.)	Kimberley S. Casey (Alt.)
Sharon M. Carson (Alt.)	Tara A. Sad (Alt.)
	David H. Kidder (Alt.)

The times and order specified for the agenda and items listed below are only tentative. The Committee may change the order or may change the amount of time allotted for such items.

1. 9:00 am Convene and Review Minutes	9. 10:30 am OR 2008-221 Res
	10. 10:45 am FP's 2009-15 He-P, 2009-22 He-C,
Consent Agenda	& FP 2009-21 He-P
2. 9:05 am Final Proposals	11. 1:00 pm LUNCH BREAK
3. 9:10 am Objection Responses	12. 2:00 pm OR from 3-20-09 Meeting
4. 9:12 am Preliminary Objections
	Other Business
Regular Agenda	13. 2:15 pm Other
5. 9:13 am Postpone Items
6. 9:15 am FP 2008-219 Puc
7. 9:40 am FP 2009-7 Fis
8. 9:50 am INT's 2009-7 & 8 Env-Ws,
FP 2009-19 Env-Dw, INT 2009-9 Env-Ws,
& FP 2009-4 Env-A

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

1. Convene and Review Minutes

JLCAR Deadlines Noted Below:
For OR's and ROR's:	Deadline is for sponsoring a joint resolution.
For FP's:	Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.
For INT's:	Deadline is for approval or conditional approval. Otherwise, agency cannot adopt the interim rule.

CONSENT AGENDA
2. Committee Approval of Final Proposals:
(a) FP 2009-2 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Specific Applicability for Temporary Permits (JLCAR Deadline May 8, 2009.)
(b) FP 2009-3 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Program Applicability of Testing and Monitoring Requirements (JLCAR Deadline May 8, 2009.)
(c) FP 2009-26 Approval	REAL ESTATE COMMISSION Fees (JLCAR Deadline May 15, 2009.)
3. Committee Acceptance of Agency Responses to Objections:
(No Items)
4. Committee Issuance of Preliminary or Revised Objections to Final Proposals:
(No Items)
NOTE: The following proposals were conditionally approved by the Committee on the dates indicated. Also noted are whether there are agency responses and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved. No further Committee action is required in that case.
Conditionally Approved February 20, 2009:
FP 2008-222	HEALTH SERVICES PLANNING AND REVIEW BOARD Positron Emission Tomography Scanners (Response received 3-19-09 and confirmed 3-19-09.)
Conditionally Approved March 6, 2009:
FP 2008-141	GOVERNINIG BOARD OF RECREATIONAL THERAPISTS Continued Status (Response received 4-6-09 and confirmed 4-6-09.)
FP 2008-170	GOVERNING BOARD OF PHYSICAL THERAPISTS Continued Status (Response received 3-18-09 and confirmed 3-19-09.)
Conditionally Approved March 20, 2009:
FP 2008-259	DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Carbon Dioxide (CO2) Budget Trading Program (Response received 3-27-09 and confirmed 3-30-09.)
FP 2008-261	DEPARTMENT OF ENVIRONOMENTAL SERVICES Air Related Programs Carbon Dioxide (CO2) Allowance Auction Program (Response received 3-27-09 and confirmed 3-30-09.)
FP 2008-173	BOARD OF EDUCATION Career and Technical Education (Response received 4-8-09 and confirmed 4-8-09.)
FP 2008-176	DEPARTMENT OF TRANSPORTATION Prequallification of Contractors (Response received 3-27-09 and confirmed 3-27-09.)
FP 2008-184	PUBLIC EMPLOYEE LABOR RELATIONS BOARD Organizational Rules; Practice & Procedures; Public Employee Labor Relations Certifications, Unfair Labor Practices, Impasse Resolution) (Response received 3-25-09 and confirmed 3-25-09.)
FP 2009-5	DEPARTMENT OF REVENUE ADMINISTRATION Electricity Consumption Tax (Response received 3-26-09 and confirmed 3-26-09.)
FP 2008-256	PHARMACY BOARD Central Prescription Processing (Response not received yet.)
REGULAR AGENDA
5. Consider postponing action on certain items to another meeting.
6. FP 2008-219 Conditional Approval	PUBLIC UTILITIES COMMISSION Rules for Telecommunications (JLCAR Deadline April 20, 2009.) (Formerly Item #13 on 3-20-09 agenda.)
7. FP 2009-7 Approval	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 (JLCAR Deadline May 18, 2009.)
8. DEPARTMENT OF ENVIRONMENTAL SERVICES
(a) INT 2009-7 Approval	Division of Water Minor Groundwater Withdrawals (JLCAR Deadline July 2, 2009. Existing rules will expire May 12, 2009.)
(b) INT 2009-8 Approval	Division of Water Major Groundwater Withdrawals (JLCAR Deadline July 2, 2009. Existing rules will expire May 12, 2009.)
(c) FP 2009-19 Objection	Drinking Water Programs Water Supply Land Protection Grant Program (JLCAR Deadline May 18, 2009. Same subject matter as INT 2009-9.)
(d) INT 2009-9 Approval	Division of Water Water Supply Land Protection Grant Program (JLCAR Deadline July 9, 2009. Existing rules will expire May 3, 2009.)
(e) FP 2009-4 Conditional Approval	Air Related Programs Voluntary Greenhouse Gas Emissions Reductions Registry (JLCAR Deadline May 8, 2009.)
9. OR 2008-221 Postponed to 5/15/09 Regular Meeting	DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT Rules for the Job Training Program (JLCAR Deadline June 9, 2009.)
10. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(a) FP 2009-15 Conditional Approval	Former Division of Public Health Services Home Health Care Providers (JLCAR Deadline May 18, 2009.)
(b) FP 2009-22 Conditional Approval	Commissioner Employment-Related Child Care (JLCAR Deadline May 18, 2009.)
(c) FP 2009-21 Objection	Former Division of Public Health Services Opthalmic Dispensing Continuing Education (JLCAR Deadline May 18, 2009.)
11. LUNCH BREAK
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.)
OTHER BUSINESS
13. Other