Committee Summary for JLCAR Administrative Rules (10/17/2025)

Bill/Time	Type	Title	Sponsor
Unclear 00:02:14.239 - 8:00:45 AM	General Working Session	Unclear

Unclear: Chair (unidentified) Information Only00:02:14.239 - 8:00:45 AM; The chair opens the meeting, notes the presence of a quorum including representatives Mary Hecken Phillips (via proxy), Peter Schmol, Bob, Jackie, and Eric. They approve the minutes as written and presented by unanimous vote. They then approve the consent calendar without discussion or removals.
Unclear: Chair (unidentified) Information Only00:03:19.920 - 8:01:50 AM; The chair introduces the regular calendar, starting with Health and Human Services rule 2025-158 on laboratory services covered under Medicaid. Notes the rules expired in January 2024 and invites committee questions.
Unclear: Committee Member (unidentified) Information Only00:03:19.920 - 8:01:50 AM; Asks if any fees or fines have been collected or imposed since the rules expired.
Unclear: Allison Radne, Administrator, Administrative Rules Unit, Department of Health and Human Services Information Only00:04:20.238 - 8:02:51 AM; Explains there are no fees or fines associated with the rule. It covers a required reimbursement service in the state plan, and operations continued as usual post-expiration.
Unclear: Committee Member (unidentified) Information Only00:04:20.238 - 8:02:51 AM; Questions the necessity of the rule if no fees or fines are involved, noting it outlines billing details for providers and is used by the administrative appeals unit.
Unclear: Sarah Morris, Policy Analyst, Division of Medicaid Services Information Only00:04:20.238 - 8:02:51 AM; Clarifies the rule's purpose for billing and appeals. Follows up that in the year and a half since expiration, no appeals occurred, but reimbursements continued per the billing manual.
Unclear: Committee (various) Information Only00:05:31.360 - 8:04:02 AM; No further discussion; motion to approve is made, seconded, and passes unanimously.
Unclear: Chair (unidentified) Information Only00:05:31.360 - 8:04:02 AM; Introduces the next item: Natural and Cultural Resources rule 169 on operation of wood processing mills, wood concentration yards, forestry health, forest fires, and administrative fines. Notes it was pulled from consent due to concerns.
Unclear: Representative Leon Oppose00:05:31.360 - 8:04:02 AM; Explains pulling the item from consent due to concerns over the statute RSA 227-L:17 limiting camp or cooking fires and rulemaking authority in RSA 227-G:4, IX. Argues the 5-inch wood diameter limit in the rules (pages 17-19) is arbitrary, not statutorily supported, and influenced more by factors like moisture and species than diameter. Notes existing rules cover extinguishing and liability. Suggests striking the 5-inch limit, especially for categories 3 and 4 fires, to allow responsible burning of dead wood for forest management, preventing wildfires like in California.
Unclear: Steve Sherman, Chief, Forest Protection Bureau, Division of Forests and Lands, DNCR Support00:09:24.480 - 8:07:55 AM; Defends the rules under RSA 227-L:17 requiring permits for all fires. Explains the 5-inch limit prevents smoldering, ensures complete consumption, reduces wildfire risk, and complies with DES Env-A 101.03 defining brush as ≤5 inches. Larger items require DES permitting; emphasizes prevention and education via permits. Suggests splitting wood, chipping, or natural decay as alternatives. Notes rare enforcement issues and that burning debris is inefficient for forestry.
Unclear: Committee Member (unidentified) Information Only00:09:24.480 - 8:07:55 AM; Confirms existing rules cover improper extinguishment and liability, emphasizing prevention.
Unclear: Committee Member (unidentified) Information Only00:12:00.720 - 8:10:31 AM; Asks about disposing of large branches (e.g., from a 3-foot maple tree) without DES permit; suggests splitting to <5 inches, chipping, or municipal services.
Unclear: Steve Sherman Information Only00:12:55.839 - 8:11:26 AM; Local fire chiefs check compliance via permits; DES process for larger items discourages incomplete burns that pollute air. Enforcement is educational, not punitive; rare violations occur.
Unclear: Committee Member (unidentified) Oppose00:14:03.600 - 8:12:34 AM; Expresses concern over enforcement practicality (e.g., measuring wood) and potential for local violations. Recognizes rule importance but notes homeowners must follow responsibly; shares personal experience with fire permits.
Unclear: Committee Member (unidentified) Information Only00:16:25.680 - 8:14:56 AM; Confirms splitting wood to <5 inches allows burning without DES permit. Asks if scientific evidence supports the 5-inch cutoff.
Unclear: Steve Sherman Information Only00:19:41.280 - 8:18:12 AM; DES research on dioxins and contaminants informed Env-A 101.03; larger wood smolders and pollutes more.
Unclear: Representative Leon Oppose00:20:43.280 - 8:19:14 AM; Raises concerns for forest landowners managing dead wood (e.g., from bittersweet-killed pines on 90 acres); chipping/splitting is costly and time-intensive. Argues other rules cover risks; opposes making it a misdemeanor. Suggests striking 5-inch limit from category 4 fires for flexibility.
Unclear: Committee Member (unidentified) Information Only00:23:57.600 - 8:22:28 AM; Notes RSA 227-L:17 makes violations misdemeanors but no statutory diameter; questions exceeding authority by setting 5 inches, as statute addresses amounts, not sizes.
Unclear: Committee Member (unidentified) Information Only00:24:58.960 - 8:23:29 AM; Reads DES Env-A 101.03 defining brush as ≤5 inches; questions if DES has statutory authority for diameter.
Unclear: Chair (unidentified) Information Only00:26:06.559 - 8:24:37 AM; Notes no deadline until next month; suggests postponement for DES backstory review and considering Representative Leon's category 4 suggestion. Motion for waiver and one-month postponement passes unanimously.
Unclear: Chair (unidentified) Information Only00:29:09.039 - 8:27:40 AM; Introduces Fish and Game rule 173 on fishing tournaments and derbies. Notes conditional approval issue: 5-day payment deadline not in original notice, violating RSA 541-A.
Unclear: Marty Mobley, Legal Coordinator, Fish and Game Information Only00:30:12.320 - 8:28:43 AM; Introduces John McGee to explain the 5-day deadline.
Unclear: John McGee, Program Supervisor, Inland Fisheries Division, Fish and Game Support00:31:11.679 - 8:29:42 AM; Explains shift to online application/payment system for ease; current 30-day check payment allows holding spots, delaying others. 5 days sufficient for online (2-3 minutes); prevents accidental holds on first-come, first-served permits.
Unclear: Committee Member (unidentified) Oppose00:32:10.480 - 8:30:41 AM; No objection to timeline but notes it wasn't noticed, violating RSA 541-A. Suggests reverting to 30 days matching paper process or allowing checks.
Unclear: John McGee Information Only00:33:08.559 - 8:31:39 AM; Acknowledges check issue; open to 30-day online window to ease transition, though prefers 5 days to avoid holds. 30 days workable currently.
Unclear: Committee Member (unidentified) Information Only00:33:53.679 - 8:32:24 AM; Suggests postponement for special notice on timeline; confirms November feasibility.
Unclear: Committee Member (unidentified) Information Only00:34:56.800 - 8:33:27 AM; Argues 30-day online matches existing rule, no change needed; but new online process requires notice.
Unclear: Chair (unidentified) Information Only00:35:58.400 - 8:34:29 AM; Motion to postpone until November 24th for 541-A correction passes unanimously.
Unclear: Doug (unidentified, staff) Information Only00:37:00.079 - 8:35:31 AM; Proposes combining interim rule notice and cover sheet forms to reduce overlap (11 questions, 8 duplicate); meets statutory requirements, improves efficiency.
Unclear: Committee Information Only00:37:00.079 - 8:35:31 AM; Motion to approve passes unanimously. Meeting adjourned; continued meeting canceled.