JLCAR MEETING DATES AND RELATED FILING DEADLINES FEBRUARY-JUNE, 2015
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1 NEW HAMPSHIRE RULEMAKING REGISTER OFFICE OF LEGISLATIVE SERVICES ROOM 219, STATE HOUSE ANNEX 25 CAPITOL STREET CONCORD, NEW HAMPSHIRE Tel. (603) TOO Access: Fax (603) Website: Relay NH VOLUME XXXV, Number 6, February 12,2015 TABLE OF CONTENTS 1. OFFICE OF LEGISLATIVE SERVICES a. List of Notices of Proposed Rules NN through NN b. Notices of Proposed Rules c. List of Adopted Rules Page No. -i- 8 NOTE: POSSIBLE RULE EXTENSION 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) REGULAR MEETING: CONTINUED MEETING: Friday, February 20, :00 a.m. Rooms 305/307, Legislative Office Building Friday, March 6, :00 a.m. Rooms 305/307, Legislative Office Building a. List of Final Proposals/Objection Responses for Review 6 JLCAR MEETING DATES AND RELATED FILING DEADLINES FEBRUARY-JUNE, 2015 The JLCAR has voted to hold its regularly scheduled meetings for February through June, 2015 on the third Friday of the month. 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 Filing Deadline February 6 March 6 April 3 May 1 June 5 Regular Meeting Date February 20 March 20 April 17 May 15 June 19 Continued Meeting Date March 6 April 3 May 1 June 5 June 26
2 NEW HAMPSHIRE RULEMAKING REGISTER Notices of Proposed Rules Notice Number Rule Number Agency and Short Title of Rule Page No ' Puc Puc (t) Public Utilities Commission Affiliate Transactions. Public Utilities Commission Working Capital. 3 JLCAR MEETING DATES AND RELATED FILING DEADLINES JULY-DECEMBER,2015 The JLCAR has voted to hold its regularly scheduled monthly meetings for July through December, 2015 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 2 July 16 August 6 August 6 August 20 September 3 September 3 September 17 October 1 October 1 October 15 November 5 November 5 November 19 December 3 December 3 December 17 None -i-
3 NEW HAMPSHIRE RULEMAKING REGISTER February 12, 2015 Page 1 Notice Number Rule Number Puc Agency Name & Address: Public Utilities Commission 21 South Fruit Street Suite 10 Concord, NH RSA Authority: RSA 365:8, VIII 3. Federal Authority: 4. Type of Action: Adoption Amendment Repeal Readoption Readoption wi amendment X 5. Short Title: Affiliate Transactions 6. (a) Summary of what the rule says and of any proposed amendments: Puc 2100, the "Affiliate Transactions Rules," implements RSA Chapter 366, titled "Affiliates of Public Utilities." Puc 2100 provides standards of conduct regarding the relationship between public utilities and their affiliates. The current rules define three categories of affiliates, including a "competitive energy affiliate," and describe standards of conduct and reporting requirements. The proposed amendments add to the definition of' competitive energy affiliates" those affiliates that are engaged in "the development of an energy related generation, transmission, or distribution project." The proposed amendments also change some obligations that apply to competitive energy affiliates, clarify the utility's reporting requirements, make Olher changes to implement the above, and update other language. 6. (b) Brief description of the groups affected: The mles affect public utilitie by regulating the utilities' behavior with regard to their affiliates, by requiring certain record keeping by the utilities, and by requiring utilities to make certain filings with the Public Utilities Commission. The rules also affect the Commission which must receive and review those filings.
4 NEW HAMPSHIRE RULEMAKING REGISTER February 12, 2015 Page 2 NN Continued 6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement. Rule(~ State Statute (RSPl) Federal Statute Federal Reguialion Puc 2100 RSPl374-F:4, IX None None (other specific statute provisions RSPl374-F:4,VllI(a); implemented by specific rules RSPl374-F:7, I and V; are listed below) RSPl365:8,V RSPl365:8,VllI; RSA 365:8, XI RSA 365:8, XII; RSA 365:8-a RSA 366 Puc Puc RSA 366:1, II; RSA 366:1, II(a) Puc 2106 RSA 541~A : 16,I(b) RSA 365:1-7,19 (audit) RSA 365:40-44 (civil penalties) 7. Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Address: Michael Sheehan, Esq. NH Public Utilities Commission 21 South Fruit Street Suite 10 Concord, NH Title: Staff Attorney Phone #: Fax#: MichaeI.Sheehan@puc.nh.gov TTY/TDD Access: RelayNH or dial 711 (in NH) 8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: March 25, 2015 ~Fax ~ DOther format (specify): 9. Public hearing scheduled for: Date and Time: Place: March 17, 2015, at 10:00 a.m. Public Utilities Commission 21 South Fruit Street, Suite 10 Concord, NH 03301
5 NEW HAMPSHIRE RULEMAKING REGISTER February 12, 2015 Page 3 NN Continued 10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) FIS # 15:008, dated Comparison of the costs of the proposed nde(s) to the existing rule(s): When compared to the existing rules, the proposed rules may Increase costs to independently owned businesses by an indeterminable amount. 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 subdivisior1s: None. C. To Independently owned businesses: To the extent an independently own~ tjuslness is a utility, they may have Increased administrative costs associated with tracking information and filing reports. 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: The proposed rules do not mandate or assign any new, expanded, or modified programs or responsibilities to any political subdivision of the State of New Hampshire. They therefore do not violate Part I, Article 28-a, of the N.H. Constitution by necessitating additional local expenditures by a political subdivision.
6 NEW HAMPSHIRE RULEMAKING REGISTER February 12,2015 Page 4 Notice Number Rule Number Puc (t) 1. Agency Name & Address: Public Utilities Commission 21 S. Fruit Street, Suite 10 Concord, New Hampshire RSA Authority: RSA 365:8, V, and XII 3. Federal Authority: 4. Type of Action: Adoption Amendment X Repeal Readoption Readoption w/amendment 5. Short Title: Working Capital 6. (a) Summary of what the rule says and the effect of the rule on those regulated: The existing rule, Puc (t), sets forth the Commission's requirements in a full rate case for the filing of a document entitled "Schedule 3A - Working Capital" and the utility's calculation of its working capital requirement, which is recovered through cllstomer rates. Working capital recovers the capital cost to fund the timing differences between the utility's receipt of revenues and its payment of expenses. The existing rule a Ilows all utilities, regard.less of size or revenues, to use either a billing-cycle formula or a Jead/lag study to calculate working capital requirements. A lead/lag study is a systematic method of calculating the average number of days investors supply working capital to operate the utility. As amended, the rule allows utilities wi.thgross revenlles under $10,000,000 to continue using either a billing-cycle formula or a lead/lag study to calculate working cap.ital. The amended rule however, requires utilities with gross revenues of $10,000,000 or more to use a lead/lag study to calculate ~orking capital. By requidng the larger utilities to use a lead/lag study, the working capital requirements may be more accurately calculated, al a lesser cost to customers, and the Commission is better able to fulfill its mandate ofjusl and reasonable rates. 6. (b) Brief description of the groups affected: The rules affect regulated utilities operating in New Hampshire. 6. (c) Specific section or sections of state statute or regulation which the rule is intended to implement: Rule Specific State Statute the Rule Implements Puc (t) RSA 365:8, V and XII; RSA 378: Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Address: Rorie E. Patterson New Hampshire Public Utilities Commission 21 South Fruit Street, Suite 10 Concord NH Title: Staff Attorney Phone #: Fax#: Rorie.patterson@puc.nh.gov TTY /TDD Access: Relay NH or dial 711 (in NH)
7 NEW HAMPSHIRE RULEMAKING REGISTER February 12, 2015 Page 5 NN Continued 8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: March 16, 2015, by the close of business at 4:30 p.m. ~Fax [g] DOther format (specify): 9. Public hearing scheduled for: Date and Time: Place: March 9, 2015, at 10:00 AM 21 South Fruit Street, Suite 10, Hearing Room B, Concord, NH 10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) FIS # ---.:1::..:: 5:..:..:0::..::1:.::.9 _,dated February 5, Comparison of the costs of th.e proposed rule(a) to the axlsting rule(s): When compared to the existing rules, the proposed rules may decrease costs to state citizens, political subdivisions and Independently owned businesses by an indeterminable amount. 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); The C()mmission statesihat the propllsed rules will cause certain utilities to incur the cost of a leadllag study. The costs of these studies are typically bome by the customer, through riite case expense charges; however these stu~lies may be less than the costs that customers might pay if rates are set using an Imprecisely calculated working capital requirement. To the extent a state citizen. political subdivision or independently owned business is a ratepayer, the proposed rules may decrease costs. A. To State general or State special funds: None. B. To State citizens. and polit(cal subdivisions: See" 3. above. c. To 1ndependently owned businesses: See 3 above. 11. ~tatement Relative to Part I, Article 28-a of the N.H. Constitution: Although the proposal is ldtende~ ~o. mo.dify the application of Puc (t), and as such, modify an existing program or responsibility, It does not mandate or assign any responsibility to any political subdivision and therefore do not violate Part I, Article 28-a.
8 NEW HAMPSHIRE RULEMAKING REGISTER February 12, 2015 Page 6 INAL PROPOSALS FOR COMMITTEE REV W ON FEBRUARY 20, 2015 Final Proposal # Rule Number Agency and Short Title of Rule Puc , Public Utilities Commission (f)-(n), , , Various Practice and Procedure Rules , & He-C 6446 Saf-Mec Eth 100 & 200 Per , (a), 102 (various), , (c), 204, 205, &206 Per He-C 5001 & 5002 Department of Health and Human Services, Commissioner Foster Family Care Licensing Requirements. Department of Safety, Mechanical Licensing Board Mechanical Licensing Board Organizational Rules and Practice and Procedural Rules. Executive Branch Ethics Committee Organizational Rules; Practice and Procedure Rules. Division of Personnel, Dept. of Administrative Services Personnel Rules - Scope, Definitions, Rules of Practice, Informal Settlements, and Computation of Time. Division of Personnel, Dept. of Administrative Services Personnel Rules - Readoption and Various Amendments to Per 300 through Per Department of Health and Human Services, Commissioner Payments to Non-Public Disproportionate Share Hospitals & Uncompensated Care Fund Reporting Den , , Board of Dental Examiners ,215.01, Various Practice and Procedure Rules , & Den , , ,303.01, ,401.01, , & Cub & Rev (c), , & Board of Dental Examiners Application Procedure, Qualification and Supervision Purpose, Examination, Assistants' Duties, and Continuing Education. Current Use Board Assessment Range for Forest Land Categories, With and Without Stewardship. Department of Revenue Administration Residency and Taxability of Special Entities and Deductions for Trust Beneficiary Income.
9 NEW HAMPSHIRE RULE MAKING REGISTER February 12, 2015 Page 7 Final Proposal # FP Rule Number Mhp 300 Agency and Short Title of Rule Board of Mental Health Practice License Requirements, Applications, and Fees. FP Bar 300,400 (various sections) & 600 Board of Barbe ring, Cosmetology, and Esthetics Apprentice, School Instructor and Shop License, School and Shop Requirements, Estheticians, Individuals Licensed in Another State, Fine Procedures, Notice, Violation Points, Tanning Facilities. BJECTION RESPONSE FOR COMNITTTE R ':VIEW ON F ~ BRUARY 20, 2015 IF FILED PRIOR TO THE MEETING FP Lab 1400 Department of Labor Safety and Health of Public Employees.
10 NEW HAMPSHIRE RULEMAKING REGISTER February 12,2015 Page 8 NOTICE OF ADOPTED RULES Document # (Final Effective Proposal) Rule Number Agency and Short Title of Rule Expires Puc 902 & 909 Public Utilities Commission 118/2015 (FP ) Group Net Metering. 118/ Rev 300 Department of Revenue Administration 1116/2015 (FP ) Business Profits Tax. 1116/ He-C 6350 Department of Health and Human Services, Commissioner 1117/2015 (FP ) Certification for Payment Standards for Residential 1117/2025 Treatment Programs He-W Department of Health and Human Services 1119/2015 (FP ) Former Division of Human Services 1119/2025 Recoupment and Recovery of Support Payments Saf-Mec 300 Department of Safety, Mechanical Licensing Board 1/ (INT ) Initial Fuel Gas Fitting Licensing, Plumbing Licensing, Fuel 7/20/2015 Gas Trainee Registration, Plumbing Apprentice Registration, and Business Entity Licensing Rules Mhp 400 Board of Mental Health Practice 1122/2015 (FP ) License Renewal, Continuing Education, Collaboration, and 1122/2025 Reinstatement He-P 4045 & 4046 Department of Health and Human Services 1123/2015 (lnt ) Former Division of Public Health Services 7/22/2015 Use of Radiation Machines: Administrative Requirements and General Requirements for All Diagnostic and Veterinary X-Ray Machines He-P 4047 Department of Health and Human Services 1123/2015 (lnt ) Former Division of Public Health Services 7122/2015 Use of Radiation Machines: Therapeutic Radiation Machines Env-A 4300 Department of Environmental Services 1122/2015 (FP ) Air Related Programs 1122/2025 Other Solid Waste Incineration Rev , , Department of Revenue Administration 1122/2015 (FP ) , , & Tobacco Tax Definitions and Forms. 1122/ He-W , , Department of Health and Human Services 1122/2015 (FP ) ,701.10, & Former Division of Human Services 1/22/ Expiring Rules Related to the Food Stamp Program - Definitions and Fluctuating Income He-C 6355 Department of Health and Human Services, Commissioner 1/22/2015 (FP ) Certification for Payment Standards of Foster Care Programs. 1122/2025
11 NEW HAMPSHIRE RULEMAKING REGISTER February 12, 2015 Page 9 NOTICE OF ADOPTED RULES Document # (Final Effective Proposal) Rule Number Agency and Short Title of Rule Expires Saf-C , 509, Department of Safety, Commissioner 1/ (FP ) Initial or Vanity Registration Plate Rules Env-Dw , Department of Environmental Services 2/1/2015 (FP ) Drinking Water Programs Definitions Related to Revised Total Coliform Rule for Public Water Systems. (As organizational rules they do not expire except pursuant to RSA 541-A:17, II) Env-Dw 506; Department of Environmental Services 211/2015 (FP ) & (various); Drinking Water Programs 2/ ; 720;801,804,& Public Water Systems: Revised Total Coliform Rule and 811 (various); 802 Other Updates Env-Dw 1100 Department of Environmental Services 1124/2015 (FP ) Drinking Water Programs 1/24/2025 Drinking Water State Revolving Fund Program Pari 1100 Racing & Charitable Gaming Commission 211/2015 (FP ) Lucky 7. 2/1/ He-M 503 Department of Health and Human Services 1127/2015 (INT ) Former Div. of Mental Health & Developmental Svcs. 7/27/2015 Eligibility and the Process of Providing Services Saf-C Department of Safety, Commissioner 1129/2015 (FP ) Readoption of Change of Gender Rule. 1129/ He-W (a), (b), Department of Health and Human Services (INT ) (d), (g), U), & (k), Former Division of Human Services 7/30/ , , General Program Information Rab (b) & (c) Real Estate Appraiser Board (FP ) Rules Regarding Investigation of Complaints. (As practice and procedure rules they do not expire except pursuant to RSA 541-A:17, II) Rab Real Estate Appraiser Board (FP ) Rules Regarding General Education Requirements for 1/ Certification He-W 513 Department of Health and Human Services (FP ) Former Division of Human Services Substance Use Disorder Treatment and Recovery Support Services.
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