Notices for Week of: APRIL 5, 2007
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Policies and Procedures on Prequalification, Bidding, and Awarding Contracts (request to repeal).
Vermont Proposed Rule: 07P011
AGENCY: Transportation
CONCISE SUMMARY: Prequalification of a potential contractor (bidder) is performed in two phases: annually and per contract to be awarded. Work Classifications and dollar and number of project capacities are established for a potential contractor in the annual prequalification process based on information provided by the contractor. Contractors are prequalified, or not, for specific projects based on: 1) The potential contractor being approved to perform work of the work classification(s) included in the project, and 2) Whether, should the potential contractor be awarded the contract, it will be within the dollar and number of project capacities established for it in the annual prequalification process. The Policies and Procedures also include the specific requirements and conditions of both the bidding phase and the award of all contracts.
TYPE OF PERSONS AFFECTED: The Policies and Procedures apply to Prime Contractors who want to bid on Agency-advertised projects. Prequalification of Subcontractors is not required at this time.
COST BENEFIT ANALYSIS: For a number of reasons (e.g., dollar capacities of potential contractors increased, ease of understanding, ability to follow, ease of adapting to changing conditions), the repeal of the existing rule and adoption of the Policies and Procedures by the Agency will likely increase the number of contractors qualified to bid on Agency projects. Thus, it will likely increase competition to obtain the Agency's contracts, which could result in better (lower) bid prices for the State as well as better work opportunities for potential contractors for Agency projects.
SCHEDULED HEARINGS: None Scheduled.
DEADLINE FOR PUBLIC COMMENT: April 26, 2007.
FOR FURTHER INFORMATION, CONTACT: Jon Winter, Contract Administration, 1 National Life Drive, Drawer 33 Montpelier, VT 05633 802-828-2643.
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Rule Governing the Retrieval of Wildlife and Wanton Waste.
Vermont Proposed Rule: 07P012
AGENCY: Natural Resources, Fish & Wildlife Dept.
CONCISE SUMMARY: The purpose of this rule is to ensure the retrieval and proper utilization of wildlife resources thereby minimizing the wasteful taking of wildlife that are hunted or trapped. By focusing hunters and trappers on using harvested wildlife and fur-bearers it will prevent the indiscriminate taking of wildlife, encourage conservation of the resource and facilitate responsible use of the wildlife resource.
TYPE OF PERSONS AFFECTED: Hunters, trappers, VTA, Vermont Federation of Sportsmen Clubs, HAT, Inc., the Fish and Wildlife Department.
COST BENEFIT ANALYSIS: No additional costs other than the fact that appropriate retrieval and utilization of harvested animals may require some additional time and effort. Organizers of derbies and/or contests will need to promote appropriate retrieval and use of fish/animals taken. However, this should not result in any significant additional economic costs.
SCHEDULED HEARINGS: April 23, 2007. 7-9 PM Pavilion Auditorium, Montpelier, Vermont.
DEADLINE FOR PUBLIC COMMENT: April 30, 2007
FOR FURTHER INFORMATION, CONTACT: Kim Royar Vermont Fish and Wildlife Department 100 Mineral Street Suite 302 Springfield VT 05156-3168 Tel: 802-885-8831 Fax: 802-885-889
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2007 Moose Season - Regulation # 999
Vermont Proposed Rule: 07P013
AGENCY: Natural Resources, Fish & Wildlife Dept.
CONCISE SUMMARY: This rule is the exercise of the Vermont Fish and Wildlife Board's authority to manage the moose herd and implement the Department's Moose Management Plan. Two objectives of the plan are to stabilize the moose population in the Northeast Kingdom and to allow controlled growth of the population in other areas of the state. The permits issued under this rule are valuable tools to be used in reaching those objectives. Controlling the size of the moose herd limits adverse impacts on forestry and increases public safety by reducing human/ moose conflicts.
TYPE OF PERSONS AFFECTED: General public, resident and non-resident hunters, landowners and retail businesses.
COST BENEFIT ANALYSIS: If 2,500 permittees and subpermittess participate in the 2007 moose season, 250 of which would be non-residents, the benefits to small businesses are estimated to be at least $1,285,500. costs to the Department of Fish and Wildlife for administration and enforcement of the hunt is estimated to cost $75,000 (printing, postage, equipment and labor). Benefits from the sale of moose permits and applications is estimated at over $350,000.
SCHEDULED HEARINGS: None scheduled at this time.
DEADLINE FOR PUBLIC COMMENT: April 22, 2007
FOR FURTHER INFORMATION, CONTACT: Cedric Alexander Vermont Department of Fish and Wildlife 1229 Portland Street St. Johnsbury VT 05819-2099 802-748-0100
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Fuel Program Changes (B07-06)
Vermont Proposed Rule: 07P014
AGENCY: Dept. for Children and Families (DCF)
CONCISE SUMMARY: In addition to various clarification and technical changes this rule will more closely align the resource and income sections of fuel rules with food stamp rules. It will also simplify the administration of the seasonal fuel assistance program and increase benefit amounts to some households by eliminating the maximum benefit table which is not necessary.
TYPE OF PERSONS AFFECTED: Applicants for and recipients of seasonal fuel assistance benefits, suppliers of heating fuel, and the Department for Children and Families. Other groups may include community based organizations such as Area Agencies on Aging, Weatherization Offices, Community Action Agencies, and the Department of Disabilities, Aging and Independent Living, whose client groups will be affected.
COST BENEFIT ANALYSIS: The economic impact of this rule will be minimal as we will continue to utilize the "ratable reduction" method to keep benefit issuance within the allotted LIHEAP budget.
SCHEDULED HEARINGS: April 23, 2007 at 1:00 p.m., in the Agency of Human Services' Blue Room, DCF, State Office Complex, Waterbury, Vt.
DEADLINE FOR PUBLIC COMMENT: April 30, 2007.
FOR FURTHER INFORMATION, CONTACT:
For copies of the rule: www.dsw.state.vt.us/rulechange.htm or contact Afsar Sultana, (802)241-3525; afsar.sultana@ahs.state.vt.us.
For other questions about the rule: Pam Dalley, Benefits Program Administrator; (802)241-2994; pam.dalley@ash.state.vt.us; Economic Services Division, DCF 103 South Main Street Waterbury VT 05671-1201 Fax: (802)241-3934.
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Fuel Program Changes (B07-08)
Vermont Proposed Rule: 07P015
AGENCY: Dept. for Children and Families (DCF)
CONCISE SUMMARY: The rule proposes to move the Standard Heating Cost Tables from Fuel rules to procedures. This is necessary to allow the tables to be updated closer to the actual fuel season.
TYPE OF PERSONS AFFECTED: Applicants for and recipients of seasonal fuel assistance benefits, suppliers of heating fuel, and the department for Children and Families. Other groups may include community based organizations such as Area Agencies on Aging, Weatherization Offices, Community Action Agencies, and the Department of Disabilities, aging and Independent Living, whose client groups will be affected.
COST BENEFIT ANALYSIS: This change alone will have no economic impact as it is only moving the table from rules to procedures.
SCHEDULED HEARINGS: On April 23, 2007 at 1:00 p.m., in the Agency of Human Services' Blue Room, DCF State Office Complex, Waterbury Vermont.
DEADLINE FOR PUBLIC COMMENT: April 30, 2007.
FOR FURTHER INFORMATION, CONTACT:
For Copies of the rule: www.dsw.state.vt.us/rulechange.htm or contact Afsar Sultana, (802) 241-3525; afsar.sultana@ahs.state.vt.us.
For other questions about the rule: Pam Dalley, Benefits Program Administrator (802)241-2994; pamd@ahs.state.vt.us; DCF, 103 South Main Street, Waterbury, VT 05671-1201 Fax: (802) 241-2830.
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VOSHA Rule: Assigned Protection Factors (APF)
Vermont Proposed Rule: 07P016AGENCY: Dept. of Labor
CONCISE SUMMARY: This rule revises the existing Respiratory Protection Standard to add definitions and requirements for Assigned Protection Factors (APFs) and Maximum Use Concentrations (MUCs). The revisions also supersede the respirator selection provisions of existing substance-specific standards with these new APFs. The final APFs provide employers with critical information to use when selecting respirators for employees exposed to atmospheric contaminants found in general industry and construction workplaces. VOSHA is required to adopt this rule or one that is at least as effective as the Federal rule.
TYPE OF PERSONS AFFECTED: Construction and General Industry employers and employees in the public and private sector. All employees that use respirators.
COST BENEFIT ANALYSIS: OSHA estimates a cost range from $49.98 (for upgrading from a supplied-air, demand mode, full facepiece respirator to a supplied-air, continuous flow, half-mask respirator) to $963.73 (for upgrading from a non-powered air-purifying full facepiece respirator to a full facepiece powered air-purifying respirator (PAPR). The total cost for VT. employers is difficult to quantify because, 1. There is no information on how many VT. workers are required to wear respirators and the type of respirator they use. 2. Most workers are wearing respirators that are appropriate for their exposure and will not need to upgrade. 3. Some workers are using respirators that are more protective than required and the employer may wish to purchase the appropriate respirators at a cost savings for the company.
SCHEDULED HEARINGS: April 26, 2007 1 to 4 PM. Department of Labor conference room, National Life Building, Montpelier, VT 05602.
DEADLINE FOR PUBLIC COMMENT: May 04, 2007.
FOR FURTHER INFORMATION, CONTACT: Robert McLeod, VOSHA Manager, PO Drawer 20, Montpelier VT 05620-3401 828-5084.
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Passenger Tramway Board Rule ANSI B77.1 2006 and Vermont Addendum
Vermont Proposed Rule: 07P017
AGENCY: Dept. of Labor
CONCISE SUMMARY: This rule amends the current Vermont Passenger Tramway Code by replacing the ANSI B.77.1 – 1999 Code with the up to date ANSI B.77.1 - 2006 Code. This rule sets minimum criteria and standards for the construction, operation, and maintenance of all Vermont ski lifts that operate for the public. The ANSI B.77.1-2006 Code reflects new safety advances in ski lift technology and is accepted as the ski lift safety standard by other state code authorities having jurisdiction over Passenger Tramways, by insurance companies that provide coverage, by ski lift manufacturers and ski areas, and by the United States Forest Service. The Vermont Passenger Tramway Code Addendum has been revised to cover those items that are not addressed by the B.77.1-2006 Code.
TYPE OF PERSONS AFFECTED: Ski areas, Ski area operators, Lift manufacturers, Lift installers, skiers and users of lifts.
COST BENEFIT ANALYSIS: Vermont ski areas, Vermont ski are operators and lift manufacturers & installers. There is no economic impact for these groups since their insurance companies and the U.S. Forest Service already require that the ski lifts meet the requirements of the 2006 ANSI B.77 standard. The Vermont Addendum will result in some additional costs for ski areas. These costs are primarily for increased inspections and increased Non-Destructive Testing (NDT) of grips and hangers. The estimated cost to remove carriers from the line, disassemble the grips, clean and prepare for NDT, test, inspect and reassemble is $100.00 per carrier. Increased inspections will reduce potential problems on lifts.
SCHEDULED HEARINGS: April 25, 2007 1:00 to 4:00 p.m. in the Dept. of Labor Conference Room, National Life Building, Montpelier, VT.
DEADLINE FOR PUBLIC COMMENT: May 04, 2007
FOR FURTHER INFORMATION, CONTACT: Robert McLeod Department of Labor National Life Building, Drawer 20 Montpelier VT 05620-3401 802-828-2765
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Repeal of Inpatient / Outpatient Payment Rate Explanations
Vermont Proposed Rule: 07P018
AGENCY: Human Services
CONCISE SUMMARY: Payment methodologies for inpatient / outpatient payment rates will no longer be published in rule.
TYPE OF PERSONS AFFECTED: Vermont Hospitals, Vermont Medicaid Providers, Vermont Association of Hospitals and Health Systems, and the Office of Vermont Health Access.
COST BENEFIT ANALYSIS: None
SCHEDULED HEARINGS: Monday, May 21, 2007, 3:00 p.m., Office of Vermont Health Access (OVHA) - Large Conference Room, 312 Hurricane Lane, Suite 201 Williston, VT.
DEADLINE FOR PUBLIC COMMENT: May 28, 2007
FOR FURTHER INFORMATION, CONTACT: Bill Frasure, Office of Vermont Health Access 312 Hurricane Lane, Suite 201, Williston, VT 05495 802-879-5619.
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Revision to Rules & Regulations - Visitor Conduct & Fees and Charges for State Park Services and Commercial Activities on Department Lands.
Vermont Proposed Rule: 07P010
AGENCY: Natural Resources; Forests, Parks & Rec.
FOR FURTHER INFORMATION, CONTACT: Craig Whipple, Director of State Parks, 103 South Main Street, Waterbury, VT 05671 (802) 241-3663; craig.whipple@state.vt.us .
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
