Call to Order and Roll Call
The June meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, June 8, 2010, at 1:00 PM, in Room 149 of the Capitol Annex. Senator Elizabeth Tori, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senators Elizabeth Tori, Alice Forgy-Kerr, and Joey Pendleton and Representatives Leslie Combs, Robert Damron, and Danny Ford.
Guests: David Lawhorn, Kentucky Higher Education Assistance Authority; Becky Klusch, Donna Sims, Board of Physical Therapy; Jon Gassett, Karen Waldrop, Catherine York, Kentucky Department of Fish and Wildlife Resources; Peter Goodman, Abby Powell, Mary Stephens, EEC: Division of Water; Aaron Keatley, EEC: Division of Compliance Assistance; Tony Hatton, Bruce Scott, EEC: Division of Waste Management; Ann D’Angelo, Rick Taylor, Transportation Cabinet; Kevin Brown, Robin Chandler, Kentucky Department of Education; Frank Dickerson, J.R. Wilhite, Kentucky Workers Compensation Funding Commission; Dawn Bellis, George Mann, Richard Moloney, Department of Housing, Buildings and Construction; Donald Bailey, Cornett Donald, Gary Williams, Rusty Chris.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Chad Collins, Emily Harkenrider, Karen Howard, Jennifer Beeler, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, June 8, 2010, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student Services: Kentucky Educational Savings Plan Trust
11 KAR 12:060. Cancellation, partial withdrawal, and payment of refund. David Lawhorn, program coordinator, represented the division.
GENERAL GOVERNMENT CABINET: Board of Physical Therapy: Board
201 KAR 22:045. Continued competency requirements and procedures. Becky Klusch, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to revise the form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 22:135. Fees.
In response to questions by Representative Damron, Ms. Klusch stated that the board had notified licensees by individual letters and on the board's Web site. The board needed to increase fees because last year's funds had been swept by the General Assembly. Without the fee increase, the board did not expect to have enough funds to continue to operate. The board had not received complaints from licensees regarding the fee increase; however, licensees did have questions regarding the possibility of fees being swept again by the General Assembly.
In response to a question by Co-Chair Tori, Ms. Klusch stated that the board arrived at the need for approximately a $30 increase in each fee by estimating the level of funds needed to cover two (2) years of operations because licenses were renewed every two (2) years.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) to amend the TITLE and Section 2 to comply with the drafting and format requirements of KRS Chapter 13A. With one (1) objection, and with agreement of the agency, the amendments were approved.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:140. Special commercial fishing permit for Kentucky and Barkley lakes. Jon Gassett, commissioner; Karen Waldrop, wildlife division director; and Catherine York, deputy general counsel, represented the department.
A motion was made and seconded to approve an amendment to Section 2 to correct a regulatory reference. Without objection, and with agreement of the agency, the amendment was approved.
Game
301 KAR 2:049. Small game and furbearer hunting and trapping on public areas.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to: (a) except Grouse at the Green River WMA; (b) change from the third Sunday to the third Saturday in August as the ending date for the period during which a dog shall not be unleashed at the Miller-Welch Central KY WMA; and (c) prohibit a dog from being unleashed from April 1 until the third Saturday in August at the West KY WMA; and (2) amend Section 5 to correct a regulatory reference and minor formatting errors. Without objection, and with agreement of the agency, the amendments were approved.
Game
301 KAR 2:132. Elk depredation permits, landowner cooperator permits, and quota hunts. Jon Gassett, commissioner; Karen Waldrop, wildlife division director; and Catherine York, deputy general counsel, represented the department. Gary R. Williams, president, United Bowhunters of Kentucky, appeared in support of this administrative regulation.
In response to a question by Representative Ford, Mr. Gassett stated that sportsmen without access to the Internet could report required information by phone, and agency staff would then enter the data into the computer system.
In response to questions by Senator Pendleton, Mr. Gassett stated that provisions regarding crossbows were removed from this administrative regulation in order to work further with stakeholders.
Mr. Williams stated that United Bow Hunters of Kentucky was concerned about both conserving resources and helping sportsmen who used bows and was pleased with the department's willingness to work with the organization to fine tune the administrative regulations in the future.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify various definitions and to define "spiked elk"; (2) to amend Section 3 to include the department’s Web site address and additional methods of applying for quota hunts for those individuals without access to the internet; (3) to amend Section 4 to allow landowner cooperators one (1) antlerless-only permit in exchange for allowing elk hunting on their property; (4) to amend Section 5 to clarify what items may be used to take an elk and delete provisions prohibiting the carrying of certain items while hunting elk; (5) to amend Section 6 to include spiked elk in antlered hunts in October; (6) to amend Sections 1, 3 through 8, 10, and 11 to comply with the drafting and format requirements of KRS Chapter 13A; (7) to amend the STATUTORY AUTHORITY and RELATES TO paragraphs to add specificity to a statutory citation; and (8) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Water Quality
401 KAR 5:045. Biochemically degradable wastes; treatment. Peter Goodmann, assistant director, and Mary Stephens, attorney, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to make a technical clarification; and (2) to revise the Regulatory Impact Analysis and Tiering Statement to correct responses regarding tiering. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 5:070. Provisions of the KPDES permit.
401 KAR 5:075. Cabinet review procedures for KPDES permits.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 11, and 13 to: (1) clarify requirements; and (2) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Public Water Supply
401 KAR 8:150. Disinfection, filtration, and recycling.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Section 1 to: (a) correct a citation; and (b) clarify subsection (1)(b)1. Without objection, and with agreement of the agency, the amendments were approved.
Division of Compliance Assistance: Certified Operators
401 KAR 11:030. Wastewater treatment and collection system operators; classification and qualifications. Aaron Keatley, director, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; and (2) to amend Section 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Division of Waste Management: Solid Waste Facilities
401 KAR 47:090. Solid waste permit fees. George Gilbert, engineer; Tony Hatton, director; and Bruce Scott, commissioner, represented the division. Rusty Cress, Jr. represented the Kentucky Association of Manufacturers and appeared in support of this administrative regulation.
In response to a question by Representative Ford, Mr. Scott stated that the division had last raised fees in 1990 and that those fees had covered approximately ten (10) percent of the total permit processing cost. KRS 224.10-100 authorized a fee for 100 percent of the total permit processing cost. The proposed amendment increased fees to cover approximately twenty (20) percent of the total permit processing cost. Recent General Fund cuts to the division budget of twenty-nine (29) percent necessitated the fee increase in order to continue timely processing of permit applications.
In response to a question by Senator Pendleton, Mr. Scott stated that there would be a total net increase of approximately $300,000 annually, which would constitute a little more than the cost of living adjustment for the last twenty (20) years. The biggest impact would be on landfills and amounted to approximately eight (8) cents per person. Kentucky's landfill's tonnage rates would still be among the cheapest in the region.
Mr. Cress stated that the Kentucky Association of Manufacturers wanted permits processed in a timely fashion without overages after the fee was computed. While the fee percentage increase was significant, the fee was not onerous from a dollar standpoint. Fees were reduced somewhat in the amended after comments version of this administrative regulation, and stakeholders had not complained about the newly negotiated fee increase.
In response to a question by Representative Damron, Mr. Cress stated that the Kentucky Association of Manufacturers supported the need for the fee increase by the cabinet in order to timely process permits.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to provide cross references to the statutes and administrative regulations that establish or incorporate the application forms; and (2) to amend Section 5 to clarify when the new fees would begin. Without objection, and with agreement of the agency, the amendments were approved.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Carriers: Division
601 KAR 1:200. Administration of taxes imposed in KRS 138.655 through 138.7291. Ann D'Angelo, assistant general counsel, and Rick Taylor, deputy commissioner, represented the division.
In response to a question by Representative Ford, Mr. Taylor stated that this administrative regulation did not create additional revenue. The purpose was to clarify the deadline if the deadline fell on a weekend day or holiday. It also allowed cabinet flexibility regarding the filing of forms, especially if forms were sent electronically. Ms. D'Angelo stated that this administrative regulation also updated forms.
In response to a question by Co-Chair Tori, Mr. Taylor stated that this administrative regulation did not increase fuel tax fees, which was done by statute.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add definitions for terms used in the documents incorporated by reference; and (2) to amend Sections 1, 3, 4, 5, 6, 7, 9, 10, 11, and 15 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: Office of Instruction
704 KAR 3:540. Uniform academic course codes. Kevin Brown, general counsel, and Robin Chandler, policy advisory, represented the office.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
LABOR CABINET: Kentucky Workers' Compensation Funding Commission: Workers' Compensation Funding Commission
803 KAR 30:010. Special fund assessments. Frank Dickerson, general counsel, and J. R. Wilhite, executive director, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 for clarity; (2) to amend Section 2 to reference KRS 342.122; (3) to amend Section 3 to reference KRS 342.1221; and (4) to amend Sections 6 through 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Housing, Buildings and Construction: Division of Building Code Enforcement: Kentucky Building Code
815 KAR 7:070. The Kentucky Certified Building Inspector Program. Dawn M. Bellis, general counsel; George Mann, deputy commissioner; and Richard Moloney, commissioner, represented the division.
A motion was made and seconded to approve the following amendments: to amend Section 6 to delete: (1) “Test M1 Residential Mechanical Inspector” as an ICC test module that will qualify for classification as a Building Inspector, Level II; and (2) “Test B2 Commercial Building Inspector” as an ICC test module that will qualify for classification as a Building Inspector, Level III, and replace it with “Test B3 Building Plans Examiner.” Without objection, and with agreement of the agency, the amendments were approved.
Plumbing
815 KAR 20:018. State plumbing code committee budget review and responsibility.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the July 13, 2010, meeting of the Subcommittee:
PERSONNEL CABINET: Personnel Cabinet, Classified
101 KAR 2:066 & E. Certification and selection of eligibles for appointment.
FINANCE AND ADMINISTRATION CABINET: Office of the Secretary: Purchasing
200 KAR 5:315. Suspension.
GENERAL GOVERNMENT CABINET: State Board of Examiners and Registration of Landscape Architects: Board
201 KAR 10:050. Fees.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: School administration and finance
702 KAR 3:246. School council allocation formula: KETS District Administrative System Chart of Accounts.
Department for Libraries and Archives: Public Records Division: Archives
725 KAR 1:061. Records retention schedules; authorized schedules.
Department of Workforce Investment: Office of Vocational Rehabilitation: Administration
781 KAR 1:020. General provisions for operations of the Office of Vocational Rehabilitation.
781 KAR 1:030. Order of selection and economic need test for vocational rehabilitation services.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Malt Beverage Equipment, Supplies and Service
804 KAR 11:030. Beer tastings.
Kentucky Horse Racing Commission: Division of Licensing: Thoroughbred Racing
810 KAR 1:025 & E. Licensing thoroughbred racing.
810 KAR 1:037 & E. Licensing of racing associations.
810 KAR 1:100 & E. Frivolous appeals.
Harness Racing
811 KAR 1:037 & E. Licensing of racing associations.
811 KAR 1:230 & E. Frivolous appeals.
Quarter Horse, Appaloosa and Arabian Racing
811 KAR 2:130 & E. Frivolous appeals.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:020. Certificate of need application fees schedule.
Office of Inspector General: Division of Healthcare: Health Services and Facilities
902 KAR 20:400. Limited services clinics.
The subcommittee adjourned at 3:05 p.m. until July 13, 2010.