january 9, 2014 - nh general court

NEW HAMPSHIRE

RULEMAKING REGISTER OFFICE OF LEGISLATIVE SERVICES

ROOM 219, STATE HOUSE ANNEX 25 CAPITOL STREET

CONCORD, NEW HAMPSHIRE 03301-6312 Tel. (603) 271-3680 TOO Access:

Fax (603) 271-7871 Website: www.gencourt.state.nh.us/rulesfindex.html Relay NH 1-800-735-2964

1.

VOLUME XXXIV, Number 2, January 9,2014

TABLE OF CONTENTS

OFFICE OF LEGISLATIVE SERVICES

a. List of Notices of Proposed Rules NN 20l3-227 through NN 2014-3 and Proposed Interim Rules INT 2013-19 through INT 20l3-20

b. Notices of Proposed Rules and Proposed Interim Rules

c. List of Adopted Rules

NOTE: POSSIBLE RULE EXTENSION

Page No.

-)-

16

If the proposed rules contain existing, regular rules being readopted or readopted with amendments, and are not adopted and effective until after the expiration date(s) of the existing rules(s), then the existing rules will nevertheless continue in effect pursuant to RSA 541-A: 14-a until the proposed rules are adopted and effective.

2. COMMITTEE (JLCAR)

a.

REGULAR MEETING: Friday, January 17,2014 9:00 a.m. Rooms 305/307, Legislative Office Building

CONTINUED MEETING: Friday, February 7, 2014 9:00 a.m. Rooms 305/307, Legislative Office Building

List of Final ProposalslProposed Interim Rules/Objection Responses for Review

JLCAR MEETING DATES AND RELATED FILING DEADLINES JANUARY-JUNE, 2014

13

The JLCAR has voted to hold its regularly scheduled meetings for January through June, 2014 on the third Friday of the month except for April 25 th as listed below. The minimum 14-day "deadline" prior to the regular JLCAR meeting is listed for agencies to file final proposals or proposed interim rules for placement on the JLCAR agenda pursuant to RSA 541-A: 12, I and RSA 541-A: 19, V. The JLCAR has also scheduled continued meetings as listed below on select Fridays to address items postponed from the prior regular meetings.

Regular Meeting Regular Meeting Continued Meeting Filing Deadline Date Date

January 3 January 17 February 7

February 7 February 21 March 7

March 7 March 21 April 4

April 11 April 25 May 2

May 2 May 16 June 6

June 6 June 20 June 27

NEW HAMPSHIRE RULEMAKING REGISTER

Notice Number

2013-227

2014-1

2014-2

2014-3

Interim Notice Number

(INT 2013-19)

(lNT 2013-20)

Notices of Proposed Rules

Rule Number Agency and Short Title of Rule

Bar 301.09,301.10, Board of Barbering, Cosmetology and Esthetics & 302.05 Shop License, School License, School and Shop Additional

Requirements.

Env-A 101.210 Department of Environmental Services Air Related Programs Definition of "Unobstructed" in Air Pollution Dispersion Modeling.

Env-A 1402.02 intro, Department of Environmental Services (a), 0), (I), (m), Air Related Programs 1402.03, 1403.03, Regulated Toxic Air Pollutants. 1405.03, 1405.05(a), 1410.02, & 1450.01(b)

He-W 622.01 Department of Health and Human Services Former Division of Human Services Legally Liable Relatives for Financial Assistance.

Notices of Proposed Interim Rules

Rule Number Agency and Short Title of Rule

He-Hea 301.01 Health Services Planning and Review Board c/o Dept. of Health and Human Services Projects Not Subject to Certificate of Need (CON) Review.

He-Hea 303.02, Health Services Planning and Review Board 303.03,303.06, c/o Dept. of Health and Human Services 303,09, & 304.05 Standards and Application for Certificate of Need (CON).

JLCAR MEETING DATES AND RELATED FILING DEADLINES JUL Y -DECEMBER, 2014

Page No.

3

5

7

Page No.

9

11

The JLCAR has voted to hold its regularly scheduled monthly meetings for July through December, 2014 on the third Thursdays listed below. The minimum 14-day "deadline" prior to the regular JLCAR meeting is listed for agencies to file final proposals or proposed interim rules for placement on the JLCAR agenda pursuant to RSA 541-A:12, I and RSA 541-A:19, V. The JLCAR has also scheduled continued meetings as listed below on select Thursdays to address any items postponed from the prior regular meetings.

Regular Meeting Regular Meeting Continued Meeting Filing Deadline Date Date

July 3 July 17 August 7

August 7 August 21 September 4

September 4 September 18 October 2

October 2 October 16 November 6

November 6 November 20 December 4

December 4 December 18 None

-i-

NEW HAMPSHIRE RULEMAKING REGISTER January 9, 2014 Page 1

Notice Number 2013-227 Rule Number Bar 301.09, 301.10, 302.05

1. Agency Name & Address:

Board of Barbering, Cosmetology, & Esthetics 121 South Fruit St Concord NH 03301

2. RSA Authority:

3. Federal Authority:

4. Type of Action:

Adoption

Amendment

Repeal

Readoption

RSA 313-A:8

Readoption w/amendment X

5. Short Title: Shop License, School License, School and Shop Additional Requirements

6. (a) Summary of what the rule says and of any proposed amendments:

Bar 301.09 specifies the application procedure for a shop license. Bar 301.09 is being a~ended to remove proof of one year work experience for a shop owner or booth renter due to statutory changes eliminating the requirement.

Bar 301.10 specifies the application procedure for a barber, cosmetology, esthetic, manicuring, or master barber school license. Bar 301.10 is being amended to add that a licensed school is authorized to offer postsecondary classes or courses to comply with new 34 CFR 600.9 Federal regulations.

Bar 302.05 specifies additional requirements for schools and shops. Bar 302.05 is being amended to remove lavatory requirements for a shop in a residence, and to remove the requirement for proof of one year work experience for a manager due to statutory changes eliminating the requirement.

6. (b) Brief description of the groups affected:

All shops and schools

6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement:

Rule State or Federal Statute

Bar 301.09 RSA 313-A:9, RSA 313-A:16 and RSA 313-A:19 Bar 301.09 (b), (d)-(i) RSA 3l3-A:9, RSA 3l3-A: 16 and RSA 3l3-A: 19 Bar 310.10 RSA 313-A:9 and RSA 3l3-A:16 Bar 302.05 RSA 3l3-A:8, X and RSA 3l3-A:19 Bar 302.05 (I) RSA 3l3-A:7, X; RSA 3l3-A: 17 Bar 302.05 (q) RSA 3l3-A:8, X; RSA 3l3-A:19 Bar 302.05 (z) & (aa) RSA 313-A: 19, IV


NN 2013-127 Continued

7. Contact person for copies and questions including requests to accommodate persons with disabilities:

Name: Kathryn Wantuck

Address: 121 South Fruit St Concord NH 03301

Title: Executive Director

Phone #: 603-271-3608

Fax#: 603-271-8889

E-mail: [email protected]

TTY rrDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)

8. Deadline for submission of materials in writing or, if practicable for the agency, in .the electronic format specified: February 3, 2014 by end of meeting

IZIFax IZIE-mail DOther format (specify):

9. Public hearing scheduled for:

Date and Time: February 3, 2014 9:30 am

Place: 121 South Fruit St Concord NH 03301

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant)

PIS # 13:244 , dated 12/26/13

1. Comparison of the costs of the proposed rule(s) to the existing rule(s): There is no difference in cost when comparing the proposed rules to the existing rules.

2. Cite the Federal mandate. -Identify the impact on state funds: No federal mandate,-no impact on state funds.

3. Cost and benefits of the proposed rule(s):

A. To State general or State special funds: None.

B. To State citizens and political subdivisions: None.

C. To independently owned businesses: None. .

11. Statement Relative to Part I, Article 28-a of the N.H. Constitution:

Although this rule establishes a new responsibility, it does not mandate or assign any program responsibilities to any political subdivision and therefore does not have a fiscal burden on any political subdivision. This rule does not violate the constitutional provision, Part I, Art. 28-a.


Notice Number 2014-1 Rule Number Env-A 101.210

1. Agency Name & Address: 2. RSA Authority:


RSA 125-C:4, I(a); RSA 125-1:3, II

N/A

NH Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095

4. Type of Action:

Adoption

Amendment

Repeal

Readoption

Readoption w/amendment

5. Short Title: Definition of "Unobstructed" in Air Pollution Dispersion Modeling

6. (a) Summary of what the rule says and the effect of the rule on those regulated:

x

Certain exemptions from air pollution dispersion modeling in Env-A 606 and Env-A 1400 are available only if, inter alia, the exhaust stack is "vertical and unobstructed". In air pollution dispersion modeling, "unobstructed" has a specific meaning that is not apparent from using the tenn without a definition. The Department is proposing to adopt a definition of "unobstructed" as applied to exhaust stacks for purposes of modeling to clarify that there can be no impediment to vertical flow from the exhaust stack and the stack must extend above the roof line of the building in which the process or device is located.


Sources emitting toxic air pollutants into the ambient air will be affected.

6. (c) Specific section(s) of state statute or federal statute or regulation which the rule is intended to implement:

Rule Section(s) lemented Env-A 101.210


Name: Karla McManus Title: Planning and Rules Manager

Address: NH Dept. of Environmental Services 29 Hazen Drive; P.O. Box 95 Concord, NH 03302-0095

Phone #: (603) 271-6854 Fax#: (603) 271-1381 E-mail: [email protected]

The rules also can be viewed in PDF at http://(ies.nh.gov/orgaruzation/commissioner/iegallrulemaking/index.l1tm

TTYITDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)

8. Deadline for submission of materials in writing or, if practicabl!! for the agency, in the electronic format specified: Monday, February 10, 2014 by close of business at 4:00 pm.

cg]Fax cg]E-mail DOther fonnat (specify):


Date and Time: Monday, February 3, 2014 at 9:30 AM

Place: Room 111, DES Offices, 29 Hazen Drive, Concord NH


NN 2014-1 Continued

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS # 13:245 ,dated 12/3112013:

1. Comparison of the costs of the proposed rule(s) to the existing rule(s): There is no difference in cost when comparing the proposed rules to the eXisting rules.

2. Cite the Federal mandate. Identify the impact on state funds: No federal mandate, no impact on state funds.




C. To independently owned businesses: None.


The definition is being proposed to clarify existing requirements. The definition does not create, expand, or modify any program or responsibility in such a way as to necessitate additional expenditures by political subdivisions, and so does not violate Part I, Article 28-a of the New Hampshire Constitution.


Notice Number 2014-2


NH Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095

5. Short Title: Regulated Toxic Air Pollutants

Env-A 1402.02 intro, (a), (j), (1) & (m); Env-A 1402.03; Env-A 1403.03;

Env-A 1405.03; Env-A 1405.05(a); Rule Number Env-A 1410.02; Env-A 1450.01(b)

2. RSA Authority: RSA 125-1:3. II


4. Type of Action:

Adoption

Amendment

Repeal

Readoption

Readoption w/amendment X

N/A

6. (a) Summary of what the rule says and the effect of the rule on those regulated:

Env-A 1400, Regulated Toxic Air Pollutants, implements the Air Toxic Control Act (Act), codified at RSA 125-I. The purpose of the Act is to prevent, control, abate, and limit the emissions of toxic air pollutants into the ambient air. The ambient air limits are intended to promote public health by reducing human exposure to toxic air pollutants.

As required by RSA 125-1:4, DES proposes changes to the list of regulated toxic air pollutants (RTAPs) and their ambient air limits (AALs) each year. These changes are based on updates made to the list of chemical substances by the American Conference of Govemmental Industrial Hygienists (ACGIH) and the US EPA's Integrated Risk Information System (IRIS).

This year, ACGIH updates for both 2011 and 2012 are being incorporated. As a result of changes made by ACGIH, six chemical substances have been added, two substances have been deleted, and four substances have had their Occupational Exposure Limit (OEL) changed which results in a change to the AALs. As a result of changes made by IRIS, four chemical substances had their annual AAL changed. One substance had both the annual and 24-hour AAL changed since the reference concentration is greater than the calculated 24-hour AAL.

In addition to the required annual updates, DES has made additional changes to the list of RT APs and to other rules. These changes were made in order to incorporate the latest scientific data, to streamline the compliance determination and permitting process, and to allow DES and businesses to concentrate efforts on those toxic chemicals that pose the greatest health risk to the public. This year DES is also proposing the following changes:

De-list eleven low toxic Class III RT APs that are not expected to cause harmful health effects in the ambient air.

De-list eight RT APs where an AAL can not be established due to insufficient data.

Exempt the emission of RTAPs from certain major stationary sources that are subject to a federal standard, meet the requirements of the standard through the operation of pollution control equipment, and control RTAP emissions to the same degree of efficiency required to comply with the federal standard.

Exempt automotive refinishing operations that are in compliance with 40 CFR Part 63, Subpart HHHHHH, have an exhaust stack that is vertical and unobstructed, and use less than 500 gallons per year of commercially available paints and coatings.

Exempt petroleum remedial systems that have a maximum concentration of gasoline vapor in the exhaust gas of 500 pm1s per million by volume, have an exhaust stack that is vertical and unobstructed, and have a minimum exhaust velocity of 25 meters per second.


NN 2014-2 Continued


Sources emitting toxic air pollutants into the ambient air will be affected.

6. (c) Specific section(s) of state statute or federal statute or regulation which the rule is intended to implement:

Rule Section(s) State Statute(s) Implemented

Env-A 1402.02 intro, (a),G), 0), & (m) RSA 125-f:3, III(c) Env-A 1402.03 RSA 125-1:3, III(c)

Env-A 1403.03 RSA 125-1:1; RSA 125-1:2; RSA 125-1:3,1 & II Env-A 1410.02 RSA 125-1:4

Env-A 1450.01(b) RSA 125-1:4


Name: Karla McManus Title: Planning and Rules Manager

Address: NH Dept. of Environmental Services 29 Hazen Drive; P.O. Box 95 Concord, NH 03302-0095

Phone#: Fax#: E-mail:

The rules also can be viewed in PDF at bttp://des.nh.gov/organizationlcommi ssioner/legallrulemaking/index.htm

(603) 271-6854

(603) 271-1381 [email protected]

TTyrrDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)

8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Monday, February 10, 2014 by close of business at 4:00 pm.

~Fax ~E-mail OOther format (specify):


Date and Time: Monday, February 3, 2014 at 9:30 AM

Place: Room 111, DES Offices, 29 Hazen Drive, Concord NH

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant): FIS # 13:246, dated 12/3112013:

1. Comparison of the costs of the proposed rule(s) to the existing rule(s): There is no difference in cost when comparing the proposed rules to the existing rules. Any costs associated with the proposed rules are attributable to RSA 125-1.

2. Cite the Federal mandate. Identify the impact on state funds: No Federal mandate, no impact on state funds.

3. Cost and benefits of the proposed rule(s): Any costs or benefits associated with the proposed rules are attributable to RSA 125-1.



C. To independently owned businesses: None.


Costs of the air toxic control program are attributable to the statute. The proposed rules and amendments thus do not create, expand, or modify any program or responsibility in such a way as to necessitate additional expenditures by political subdivisions, and so do not violate Part I, Article 28-a of the N.H. Constitution.

NEW HAMPSHIRE RULEMAKING REGISTER Jan~ary 9, 2014

Notice Number 2014-3 Rule Number

l.Agency Name & Address: 2. RSA Authority:

Department of Health and Human Services Division of Family Assistance 3. Federal Authority: 129 Pleasant St, Brown Bldg 4. Type of Action: Concord, NH 03301 Adoption

Amendment

Repeal

Readoption

Readoption w/amendment

5. Short Title: Legally Liable Relatives for Financial Assistance

6. (a) Summary of what the rule says and of any proposed amendments :

He-W 622.01

RSA 167:3-c, I

x

Page 7

He-W 622.01 supports state law requirements by outlining the conditions in which relatives are liable to provide financial support to Division of Family Assistance (DF A) cash recipients. The Department is proposing to readopt with amendments He-W 622.01 in order to incorporate requirements imposed by HB 481-FN, Chapter Law 212:1-2 (Laws of 2013), which amends RSA 167:2 to eliminate the State's ability to recover financial assistance from a recipient's stepfather, stepmother, son or daughter.

The proposed revIsion removes He-W 622.01(d)(4) relative to the liability of the spouse of a recipient's son or daughter. The rule exempted spouses from liability, but such exemption is now unnecessary because the son or daughter's liability has been exempted by statute.


Stepparents and children of financial assistance recipients are affected by this rule.

6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended 1 to IInp; ement:

Rule Number RSAlFederal Citation

He-W 622.01 RSA 167:2, RSA 167:3, RSA 167:3-a,RSA 167:3-b, RSA 167:3-c, I, RSA 167:78,XV, 42 USC 9902(2), 45 CFR 233.107(e)(l)


Name:

Address:

Michael Holt Title: Rules Coordinator

Office of Program Support Phone#: 271~9234

Brown Building Fax#: 271-5590 129 Pleasant Street Concord, NH 03301 E-mail: [email protected]

TTY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH) The proposed rules may be viewed and downloaded at:

http://www.dhhs.nh.gov/oos/aru/comment.htm

NEW HAMPSHIRE RULEMAKING REGISTER January 9,2014 Page 8

NN 2014-3 Continued

8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Thursday, February 6, 2014

IZIFax IZIE-mail DOther format (specify): 9. Public hearing scheduled for:

Date and Time: Thursday, January 30, 2014 at 1:00 pm

Place: DHHS, Brown Bldg, Room 232, 129 Pleasant St., Concord, NH 03301

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant)

Frs # 13:243 , dated December 26, 2013

1. Comparison of the costs of the proposed rule(s) to the existing rule(s):

There is no difference in cost when comparing the proposed rules to the existing rules. Any cost or benefit associated with the proposed rules is attributable to Chapter 212, Laws of 2013 (HB 481).

2. Cite the Federal mandate. Identify the impact of state funds:

No federal mandate, no impact of state funds.


Any cost of benefit associated with the proposed rules is attributable to Chapter 212, Laws of 2013 (HB 481).

A. To State general or State special funds:

None.

B. To State citizens and political subdivisions:

None.

C. To Independently owned businesses:

None.


The proposed rule does not create a new program or responsibility. The proposed rule modifies an existing program or responsibility, but does not mandate any fees, duties or expenditures on the political subdivisions of the state, and therefore does not violate Part I, Article 28-a of the N.H. Constitution. .


Proposed Interim Rule Number 2013:...19


Health Services Planning and Review Board 20 Hazen Drive Concord, NH 03301

5. Filing Date: December 30,2013

Rule Number

2. RSA Authority:


4. Type of Action:

Adoption

Amendment

Repeal

Readoption

He-Hea 301.01

RSA 151-C:5,II(a),(d), (f); RSA 151-C:ll, I

N/A

Readoption w/amendment x

6. Short Title: Projects Not Subject to Certificate of Need (CON) Review


Name: Cynthia Carrier

Address: Office of Health Services Planning and Review 29 Hazen Drive Concord, NH 03301

8. Summary explaining the effect of the rule:

Title: Managing Analyst

Phone#: 6032714606

Fax#: 6032714141

E-mail: [email protected]

TYY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)

This interim rule is being proposed pursuant to RSA 541-A: 19, I(a) to implement amended statutes in Chapter 144 of the Laws of2013.

He-Hea 301.01 provides the standards for the review of projects to determine whether they do or do not require Certificate of Need (CON) review. The amendments are being made to comply with statutory changes effective 2/1114 relative to the inclusion of the value of operating leases in total project costs for buildings and diagnostic and therapeutic equipment (see the amended definition ofthe term "capital expenditure" pursuant to RSA 151-C:2, VI which is referenced in RSA 151-C:5, lI(a) and (f), and for the criteria required when diagnostic and therapeutic equipment is replaced (see RSA 151-C:5, lI(d».

9. Listing of people, enterprises, and government agencies affected by the rule: Businesses affected by this rule include those hospitals, nursing homes, ambulatory surgical centers and other licensed healthcare facilities seeking a determination that a project is not subject to CON review due to costs anticipated to be below the statutory cost threshold, and for those pl'ojects involving the replacement of diagnostic and therapeutic equipment. Costs that may be incurred include those legal fees or consulting fees spent on the preparation and presentation of such requests to the Board.


INT 2013-19 Continued

10. Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement.

RULE STATUTE He-Rea 301.01 RSA 15I-C:5, H(a) d , t); RSA 151-C: 13, 1 f)

11. Summary of tIle effect upon the state if the rule were not adopted:

If this interim rule wer~ not adopted then the Health Services Planning and Review Board would be out of compliance with statutory requirements affecting its regulated community, thereby placing itself at risk in applying inconsistent review of such projects submitted in response to the amendments .. The rule ensures standard application of criteria applicable to all persons seeking review that a project is or is not subject to CON review.

12. Proposed date of review by'the Joint Legislative Committee on Administrative Rules: 1117/14

13. The fiscal impact statement prepared by the Legislative Budget Assistan~ if applicable.

FrS # __ .......... 13"""::,:,2'='-30<.8 ____ > dated December 26,2013

1_ 'Cq" -oarisol1 of the costs of the proposed rule(s) t9 the existing rule(s): 'Th~r~ is no difference in. cost when' comparing tlie proposed interim rules to the existing rules. 'Any cost qr,benefit associa~ed with the proposed inte'rim rules is attributable to RSA 151-C. as amended by Chapter 1~4, Laws of 2013 ..

2. Cite the Federal mandate. Identify the Impact on state funds:, , No federal m~ndate, no impact on state funds.

3. Cost and benefits of the proposed rule(s): , , , Any cost or ~eriefit associated with the proposed interim rules is attributable to RSA 151-, C, as amended by Chapter 144, Laws of 2013.

A. To 'State genera'i or State special funds: , None.

B. To State ci,tlZens ,and political subdivisions: , None,

C. To independently owned busin~es:' None.

NEW HAMPSHIRE RULEMAKING REGISTER

Proposed Interim Rule Number 2013-20

January 9, 2014 Page 11

Rule Number He-Hea 303.02, 303.03, 303.06, 303.09, 304.05

1. Agency Name & Address: 2. RSA Authority: RSA 151-C:7, I-V; RSA 151-C:ll, I Health Services Planning and Review Board

20 Hazen Drive Concord, NH 03301

3. Federal Authority: N/A

4. Type of Action:

5. Filing Date: December 30,2013

Adoption

Amendment

Repeal

Readoption

Readoption wi amendment x

6. Short Title: Standards and Application for Certificate of Need (CON)


Name:

Address:

Cynthia Carrier

Office of Health Services Planning and Review 29 Hazen Drive Concord, NIl 03301

8. Summary explaining the effect of the rule:

Title:

Phone #:~

Fax#:

E-mail:

Managing Analyst

6032714606

603271 4141

[email protected]

TYY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)

This interim rule is being proposed pursuant to RSA 541-A:19, I(a) to implement amended statutes in Chapter 144 ofthe Laws of 2013.

These rule sections provide the standards for the review of Certificate of Need (CON) applications and the form used to review such. The amendments are being made to comply with statutory changes in RSA 151-C effective 2/1/14 relative to the additional of additional review criteria concerning utilization and the financial impact of increased utilization; the effect on the average cost of a procedure; health care cost increases; and health outcomes.

Recognizing the time needed to adopt such changes via rulemaking, and to ensure that those persons regulated by the change will have standards in place to instruct them in the determination of review process, the Board is seeking interim rules in order to avoid any break in process. Upon approval of the interim rules, the Board will then commence permanent rulemaking to complete this process.

9. Listing of people, enterprises, and government agencies affected by the rule: Businesses affected by this rule include those hospitals, nursing homes, ambulatory surgical centers and other licensed healthcare facilities seeking a approval of a CON application. Costs that may be incurred include those legal fees or consulting fees spent on the preparation and presentation of such applications to the Board.

NEW HAMPSHIRE RULEMAKING REGISTER January 9,2014 Page 12

TNT 2013-20 Continued

10. Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement.

RULE STATUTE He-Hea 303 .02 He-Hea 303 .03 He-Hea 303.06 He-Hea 303.09 He-Hea 304.05

RSA 151-C:5, RSA 151-C:7, I-V RSA 151-C:7, I-V RSA 151-C:7, I and II RSA 151-C:7, I-V; RSA 151-C:9, II RSA 151-C:7, I-V

11. Summary of the effect upon the state if the rule were not adopted:

If these interim rules were not adopted then the Health Services Planning and Review Board would be out of compliance with statutory requirements affecting its regulated community, thereby placing itself at risk in applying inconsistent review of such projects affected by the amendments. The rules ensure standard application of criteria applicable to all persons seeking approval of a CON application

12. Proposed date of review by the Joint Legislative Committee on Administrative Rules: 1117/14

13. The fiscal impact statement prepared by the Legislative Budget Assistant, if applicable.

FIS # __ -"-1"'-'3:=23"'-'9'---___ , dated 12/26/11

1_ Compal'lson of the costs of the proposed rule(s) to th~ existing rule(s): . . There is no difference ill cost when comparing the proposed interim rules to the existing ru.les. Any cost or benefit associated with the proposed interim rules is attributable to RSA 1S1-C. as amended by Chapter 144. Laws· of 2013.

2. Cite the Federal mandate. Identify the Imp<;lct on statetunds: No federal mandate, noimpactonstatefunds. .

3; Coslaridbenefits of the pro·posed rule(s): . ·" Any cost Qr benefit associated with the proposed interim rules is attributable to RSA 151-

C, asarilEmded by Chapter 144, Laws of 2013. .

A. To State general or State speclaf fl,mds: None.

B. " To State citizens and political subdivisions: None. .

c. To·independently owned businesses: Nons.


FINAL PROPOSALS FOR COMMITTEE REVIEW ON JANUARY 17, 2014

Final ProQosai # Rule Number

2013-5 l Puc 400

2013-94 Ed 306

2013-104 Saf-C 1800

2013-105 Saf-C 5300

2013-113 Env-Wr 100

2013-114 Env-Wr 200

2013-115 Env-Wr 300-700

2013-120 Ban 510.09 & 510.10

2013-121 Ban 1107

2013-124 Puc 1600

2013-130 Res 7300

2013-131 . Res 7400

2013-132** Res 7800

Agency and Short Title of Rule

Public Utilities Commission Rules for Telephone Utilities.

Board of Education Minimum Standards for Public School Approval.

Department of Safety, Commissioner Commercial Driver Licensing Rules.

Department of Safety, Commissioner Motorcycle Rider Education Program Rules.

Department of Environmental Services Division of Water Dam Program Organizational Rules.

Department of Environmental Services Division of Water Dam Program Procedural Rules.

Department of Environmental Services Division of Water Dam Program Rules.

Banking Department Credit Union Branching and Reciprocal Branching.

Banking Department Amendments to Bylaws of Credit Unions.

Public Utilities Commission Tariffs and Special Contracts.

Department of Resources and Economic Development Rules for Parks and Recreation.

Department of Resources and Economic Development Rules for the Reserved and Privileged Use ofDRED Lands, Facilities and Resources.

Department of Resources and Economic Development Rules for Administrative Fines Pertaining to Violations of Recreational Use Rules.

* *This item will be placed on the January J 7th Agenda only if an amended fiscal impact statement is filed and the J 4-day filing deadline pursuant to RSA 54 J -A: J 2, I is waived

2013-140 Occ 302.02, 302.04, 304.03, & 304.05

Governing Board of Occupational Therapists Application Form, Required Documents, Full Licensure of Conditional Licensees, and Eligibility Requirement for Supervisors.


Final Proposal #

2013- 141

2013-150

2013-153

2013-161

2013-166

2013-168

2013-186

2013-187

2013-188

2013-189

2013-190

FINAL PROPOSALS FOR COMMITTEE REVIEW ON JANUARY 17,2014

Rule Number

Occ 402.01, 402.02, 402.04,402.09,402.10, 403.04,403.05, 403.06,& 404.04

Agr 2800

He-W 670.04(i) & 672.02

Saf-C 407.03(c)

Hedc 300

Ph 1500

He-M 405

He-W 534

He-W 569

He-W 577

He-W 701.03


Governing Board of Occupational Therapists License Renewal, Reinstatement, Supervisors.

Department of Agriculture, Markets, and Food Animal Population Control Program.

Department of Health and Human Services Former Division of Human Services Issuance of Financial Assistance in the Financial Assistance to Needy Families and the Adult Categories of Financial Assistance Programs.

Department of Safety, Commissioner Rafting Prohibition in Camp Starfish Cove on Lake Monomonac.

Higher Education Commission Private Postsecondary Career Schools.

Pharmacy Board New Hampshire Controlled Drug Prescription Health and Safety Program.

Department of Health and Human Services Former Div. of Mental Health & Developmental Svcs. Designation of Receiving Facilities.

Department of Health and Human Services Former Division of Human Services Advanced Practice Registered Nurse (APRN) Services.

Department of Health and Human Services Former Division of Human Services Radiological Services.

Department of Health and Human Services Former Division of Human Services Laboratory Services.

Department of Health and Human Services Former Division of Human Services Definition of "Educational Income" in the Food Stamp Program.

NEW HAMPSHIRE RULEMAKING REGISTER January 9, 2014

PROPOSED INTERIM RULES FOR COMMITTEE REVIEW ON JANUARY 17,2014

Proposed Interim # Rule Number

INT 2013-19 He-He a 301.01

INT 2013-20 He-Hea 303.02, 303.03,303.06, 303,09, & 304.05


Health Services Planning and Review Board c/o Dept. of Health and Human Services Projects Not Subject to Certificate of Need (CON) Review.

Health Services Planning and Review Board c/o Dept. of Health and Human Services Standards and Application for Certificate of Need (CON).

OBJ 1CTION RESPONSE FOR COMMITTEE REVIEW ON JANUARY 17, 2014 IF FILED PRIOR TO THE MEETING

Final Proposal # Rule Number

FP 201.3-93 Lab 900


Department of Labor Whistleblowers' Protection Act Posting and Filing Procedures.

Page 15

NEW HAMPSHIRE RULE MAKING REGISTER January 9, 2014 Page 16

NOTICE OF ADOPTED RULES

Document # (Final Effective Proposal) Rule Number Agency and Short Title of Rule Expires

10485 Fis 813.01-813.08 Fish and Game Department 11112014 (FP 2013-145) Falconry Rules. 111/2024

10487 Env-Or 300 Department of Environmental Services 2/7/2014 (FP 2013-69) (formerly Oil and Remediation Programs 2/7/2024

Env-Wm 1402) Aboveground Petroleum Storage Facilities.

10488 Agr 300 Department of Agriculture, Markets, and Food 12/1312013 (FP 2013-133) Rabies Control. 12/13/2023

10489 Pes 701.01-701.02, Pesticide Control Board 12117/2013 (INT 2013-15) 701.04-701.06, Pesticide Sale, Management, and Reporting. 611612014

701.07,800, 901.01-901.02, & 901.04

10490 Pos 1000 Postsecondary Education Commission 12/20/2013 (EXP 2013-1) Degree Granting Higher Education Institutions - REPEAL

BY THE HIGHER EDUCA nON COMMISSION.

10491 Env-Wt 901.01, Department of Environmental Services Wetlands Programs 12/2112013 (FP 2013-160) 901.02, & 905 Certified Culvert Maintainer Program. 12/2112023

10492 He-P 4024 & 4095 Department of Health and Human Services 12/24/2013 (FP 2013-84) Former Division of Public Health Services 12/24/2023

Decommissioning & Assigned Protection Factors for Respirators.

10493 He-M 518 Department of Health and Human Services 2118/2014 (FP 2013-146) Former Div. of Mental Health & Developmental Svcs. 2118/2024

Employment Services.

10494 Env-Hw 500 Department of Environmental Services 11112014 (FP 2013-164) various sections Hazardous Waste Programs 11112024

& 808.01 Hazardous Waste Coordinator Certification Program; Initial Generator Notification Fee.

10495 He-W 608 Department of Health and Human Services 11112014 (FP 2013-167) Former Division of Human Services 11112024

Use of Money Payments in All Categories of Financial Assistance.

10496 Pol 301.06 Police Standards & Training Council 11112014 (FP 2013-101) Hiring Authority to Notify Council. 111/2024

10497 Fis 607.01 Fish and Game Department 11112014 (EXEMPT) 2013-2014 Shrimp Rules. Exempt

NEW HAMPSHIRE RULEMAKING REGISTER January 9, 2014

Document # (Final Proposal)

10498 (FP 2013-110)

10499 (INT 2013-16)

Rule Number

Ath 402.01, 402.04, 403.02,403.03, 403.04,406.03, & 406.10

Emp 403.06

NOTICE OF ADOPTED RULES


Governing Board of Athletic Trainers Renewal Procedures, Renewal Application Form, Required Documents, Continuing Competency, Continuing Competency Audit Procedures, Lapsed License Reinstatement, Supervision, & Obligation to Report.

Department of Employment Security Successive Benefit Year Earnings Requirement.

10500 Emp 307,501.02, Department of Employment Security (INT 2013-18) 502.06, & 503.02 Employee Leasing, Registration for Work, Earnings from

Self-Employment, and Voluntary Leaving of Incidental Employment.

10501 Ins 4900 Insurance Department (FP 2013-156) Early Offers for Medical Injury Claims - Reporting.

10502 Puc 902 and 909 Public Utilities Commission Group Net Metering. (INT 2013-17)

Document #

10486

Declaratory Ruling

Agency and Description of Ruling

Board of Education Regardless as to whether RSA 195:7 requires a cooperative school board to -"offer" and "recommend" an apportionment formula before district adoption and State Board certification and approval, the Board lacks jurisdiction to grant the request by the Town of Troy to declare an amendment to the Monadnock Regional School District formula to be void and of no effect.

Page 17

Effective Expires

12/3112013 12/3112023

12/3112013 6130/2014

12/3112013 6130/2014

113/2014 113/2024

113/2014 712/2014

Decision

11126/2013