JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

DECEMBER 18, 2014 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan

Rep. David H. Kidder

Sen. Kevin Avard

Rep. Rick M. Ladd

Sen. Sam Cataldo

Rep. Carol M. McGuire

Sen. Dan Feltes

Rep. Tara A. Sad

Sen. David Watters

Rep. Peter B. Schmidt

Sen. Regina Birdsell (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. Gary Daniels (Alt.)

(Alt.)

Sen. Nancy Stiles (Alt.)

(Alt.)

 

 

The times and order specified for the agenda 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 a.m.    Convene

 

2.   9:05 a.m.    Elect Chairperson and Vice-Chairperson

 

3.   9:10 a.m.    Review Minutes and Proposed Meeting Schedule for 2015; consultation on waivers

 

JLCAR Deadlines Noted in Agenda:

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.

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revision to Form


 

CONSENT AGENDA

 

2.   9:15 a.m.    Committee Approval of Final Proposals:

 

 

(a)  FP 2014-92
Approval

PUBLIC UTILITIES COMMISSION

Group Net Metering

(JLCAR Deadline January 5, 2015.)

 

 

(b)  FP 2014-101
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Registration Fee for Emergency Generators and Emission-Based Fee

(JLCAR Deadline January 20, 2015.)

 

 

(c)  FP 2014-102
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Annual Reporting Requirements for Certain Sources of Air Pollution

(JLCAR Deadline January 20, 2015.)

 

 

(d)  FP 2014-115
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Groundwater Reclassification

(JLCAR Deadline January 5, 2015.)

 

 

(e)  FP 2014-122
Approval

POLICE STANDARDS AND TRAINING COUNCIL

Firearms Training Requirement

(JLCAR Deadline January 20, 2015.)

 

 

(f)  FP 2014-123
Approval

POLICE STANDARDS AND TRAINING COUNCIL

Annual Certification

(JLCAR Deadline January 20, 2015.)

 

 

(g)  FP 2014-124
Approval

FISH AND GAME DEPARTMENT

Bear Season and Bear Guide Permits

(JLCAR Deadline January 5, 2015.)

 

 

(h)  FP 2014-155
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Amendments to VOC Limits for Consumer Products

(JLCAR Deadline January 20, 2015.)

 

 

5.   9:20 a.m.    Committee Conditional Approvals:

 

 

(No Items)

 

 

 

6.   9:22 a.m.    Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

7.   9:24 a.m.    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 November 6, 2014

 

 

FP 2014-78

BOARD OF ACCOUNTANCY

Board of Accountancy Rules Regarding Certification, Registration, and Permit Requirements; Continued Status; and Ethics

(Responsed received 12-15-14 and confirmed 12-15-14.)

 

 

Conditionally Approved November 20, 2014

 

 

FP 2014-13

BOARD OF MENTAL HEALTH PRACTICE

License Renewal, Continuing Education, Collaboration, and Reinstatement

(Responsed received 12-15-14 and confirmed 12-16-14.)

 

 

FP 2014-85

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

VOC Limits for Architectural and Industrial Maintenance Coatings

(Responsed received 11-21-14 and confirmed 11-21-14.)

 

 

FP 2014-90

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Certification Required for Youth Skill Camps

(Responsed received 11-21-14 and confirmed 11-21-14.)

 

 

FP 2014-116

DEPARTMENT OF ENVIRONMENTAL SERVICES

Hazardous Waste Programs

Hazardous Waste Wipes and Tanks

(Responsed received 11-21-14 and confirmed 11-21-14.)

 

 

FP 2014-87

DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

Maple Syrup

(Responsed received 11-24-14 and confirmed 11-24-14.)

 

 

FP 2014-140

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Therapeutic Cannabis Program - Alternative Treatment Centers

(Responsed received 11-20-14 and confirmed 11-21-14.)

 

 

REGULAR AGENDA

 

8.   9:25 a.m.    Consider postponing action on certain items to another meeting.

 

9.   9:30 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

FP 2014-137
Conditional Approval

Cross-Program Rules

Administrative Fine Procedures

(JLCAR Deadline January 5, 2015.)

 

 

10. 9:40 a.m.    FISH AND GAME DEPARTMENT

 

 

FP 2014-144
Conditional Approval

Nonresident Student License

(JLCAR Deadline December 29, 2014.)

 

 

11. 9:50 a.m.    DEPARTMENT OF LABOR

 

 

FP 2014-143
Preliminary Objection

Safety and Health of Public Employees

(JLCAR Deadline January 20, 2015.)

 

 

12. 10:00 a.m.  DEPARTMENT OF REVENUE ADMINISTRATION

 

 

(a)  FP 2014-147
Conditional Approval

Prenote Test and Registration Information Changes for Electronic Transfers and Filing

(JLCAR Deadline January 20, 2015.)

(Discussion item only, unless or until waiver is granted of the 14-day filing deadline under RSA 541-A:12, I.  Waiver has been requested and is pending based on consultation with new JLCAR Chair and Vice-Chair.)

 

 

(b)  FP 2014-148
Conditional Approval

Medicaid Enhancement Tax Definitions and Forms

(JLCAR Deadline January 20, 2015.)

Discussion item only, unless or until waiver is granted of the 14-day filing deadline under RSA 541-A:12, I.  Waiver has been requested and is pending based on consultation with new JLCAR Chair and Vice-Chair.)

 

 

13. 10:15 a.m.  DEPARTMENT OF SAFETY

 

 

(a)  INT 2014-11
Postponed to 1/16/15
Regular Meeting

Mechanical Licensing Board

Initial Fuel Gas Fitting Licensing, Plumbing Licensing, Fuel Gas Trainee Registration, Plumbing Apprentice Registration, and Business Entity Licensing Rules

(JLCAR Deadline March 11, 2015.  Existing emergency rule will expire January 21, 2015.)

 

 

(b)  INT 2014-12
Conditional Approval

Commissioner

Road Toll Administration Rules

(JLCAR Deadline March 11, 2015.  Rule implements 2014, 268 (HB 1142-FN-A), effective January 1, 2015, and 2014, 298 (HB 1249), effective September 30, 2014.)

 

 

(c) OR 2013-222
Postponed to 1/16/15
Regular Meeting

Commissioner

Readoption of Marketing, Sales, and Possession of Fireworks Rules

(JLCAR Deadline January 20, 2015.)

 

 

14. 10:45 a.m.  INSURANCE DEPARTMENT

 

 

OR 2014-91
Revised Objection

Long-Term Care Insurance

(JLCAR Deadline January 20, 2015.)

 

 

15. 10:50 a.m.  BOARD OF MENTAL HEALTH PRACTICE

 

 

(a)  OR 2014-12
Postponed to 1/16/15
Regular Meeting

License Requirements, Applications, and Fees

(JLCAR Deadline February 20, 2015.)

(Response not yet received.  Response due by January 5, 2015 but not expected until after January 16, 2015.  Waiver has been requested and is pending based on consultation with new JLCAR Chair and Vice-Chair.)

 

 

(b)  OR 2014-14
Postponed to 1/16/15
Regular Meeting

Ethical and Professional Standards, Responsibilities of Licensees

(JLCAR Deadline February 20, 2015.)

(Response not yet received.  Response due by January 5, 2015.)

 

 

OTHER BUSINESS

16. 11:00 a.m.