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Page 1: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order
Page 2: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order
Page 3: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

Smart Growth Ombudsman 2004-2005 Annual Report

Narrative Statement

Public Law 2004, Chapter 89, also known as the Smart Growth Law, established the position of Smart Growth Ombudsman. This law was enacted on July 9, 2004, and shortly thereafter, Governor James E. McGreevey appointed Susan Bass Levin, Commissioner of Community Affairs as the State’s first Smart Growth Ombudsman. On February 8, 2005, Acting Governor Richard J. Codey, appointed Patrick M. Gillespie to be the State’s second Smart Growth Ombudsman. This annual report details activities by both Commissioner Levin and Patrick Gillespie during the period following enactment, and ending July 1, 2005. Rule Review Process:

Public Law 2004, chapter 89 requires the Smart Growth Ombudsman to “review any new rules or regulations proposed by any State agency and determine whether the proposed rules or regulations, as they pertain to the smart growth areas, are consistent with the State Development and Redevelopment Plan (State Plan).” The law further states that “State agency” shall not include the Pinelands Commission, the Highlands Water Protection and Planning Council or the New Jersey Meadowlands Commission or any independent authority or commission. The law further precludes the Smart Growth Ombudsman from reviewing any rules or regulations that would pertain to the Highlands preservation area as defined by the Highlands Water Protection and Planning Act (N.J.S.A. 13:20-1 et seq.).

In addition to those restrictions, the Smart Growth Ombudsman has interpreted

the law to preclude the review of proposed rules that are; proposed re-adoptions of existing rules without amendment and notices of adoption of previously proposed rules. During the period of this annual report, the Office of Smart Growth Ombudsman received 364 rules for review from State Executive Branch Departments. Of these 364 rules, the Smart Growth Ombudsman determined that 53 were consistent with the goals and objectives of the State Plan. 289 rules were found not to have any impact on the achievement of smart growth as envisioned by the State Plan. There were 22 rules in which no determinations were made due to, the Department withdrawing them, or the rules were received in error. Appendix I provides a complete breakdown of the rules received and reviewed by the Smart Growth Ombudsman during this period.

Page 4: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

Qualification/Registration of Professionals The Smart Growth Law, PL 2004, Chapter 89, requires the Smart Growth Ombudsman to report on the status of programs within the Department of Community Affairs (DCA), Department of Environmental Protection (DEP), and Department of Transportation (DOT), to qualify and register professionals who would then certify as complete expedited permits under the Smart Growth Ombudsman Law. On November 5, 2004, James E. McGreevey signed Executive Order 140, which established a rule making process for the Department of Community Affairs (DCA), the Department of Environmental Protection (DEP) and the Department of Transportation (DOT), to qualify and register professionals under terms of this order. Each affected Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order 140 and copies of the rule pre-proposals. The public comment period for these pre-proposals ended on March 21, 2005. Under the terms of Executive Order 140, the effective deadline for proposing rules to implement this portion of law is July 15, 2005. Permit Applications Executive Order 140 provided that “Until such time as the rules described in the preceding paragraph (Qualification/Registration of professionals) are adopted in accordance with the Administrative Procedures Act, no expedited permit, permit by rule, or general permit under Public Law 2004, Chapter 89 may be accepted for review by any division or department.” In accordance with this Executive Order, the Smart Growth Ombudsman has not accepted any permit applications in order to ensure compliance with the time frames set forth in Public Law 2004, Chapter 89. Streamlined Permit Process To date, given the extended rule-making calendar set forth in Executive Order 140, there have not been any permit mechanisms or permit processes streamlined for the Smart Growth areas, that would utilize a pre-qualification process for professionals. Efforts to identify other program areas suitable for streamlined permitting are ongoing.

Page 5: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order
Page 6: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

Appendix I 364 – Total Rules Received

289 – Proposed Rules Determined to have No Impact on Land Use or other State Plan Policies (N) 53 – Proposed Rules Deemed Consistent with State Plan (Y) 20 – Proposed Rules that were Not Reviewed and Were Received in Error (E) 2 – Proposed Rules Withdrawn (W)

Page 7: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order
Page 8: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-

ID Date

Received Department Submitting Proposed Rule Title Consistent?

1 7/22/2004 Human Services, Division of Medical Assistance

Proposed Readoption: AFDC-Related Medicaid Chapter (N.J.A.C. 10:69) N

2 7/22/2004 Environmental, Land Use Management Water Supply

Notice of Proposed Amendments, N.J.A.C. 7:19-3.1, 3.5, 3.6, 3.7, and 3.8 Water Supply Allocation Permits

Y

3 7/22/2004 Law & Public Safety, Division of State Police

Notice of Proposed Readoption with Amendments: Uniform Crime Reporting System Proposed Readoption with Amendments N.J.A.C. 13:57

N

4 7/22/2004 Law & Public Safety, Division of Consumer Affairs

New Jersey State Board of Dentistry Notice of Proposed Amendments N.J.A.C. 13:30-5.1 and Proposed New Rules N.J.A.C. 13:30-8.1A and 8.4 Enternal Sedation with Single or Multiple Pharmacological Agents/Practice of Sleep Dentistry

N

5 7/22/2004 Law & Public Safety, Division of Consumer Affairs

Notice of Proposed Readoption with Amendment: Rules of the State Board of Veterinary Medical Examiners Proposed Readoption with Amendment: N.J.A.C. 13:44

N

6 7/22/2004 Labor, Division of Wage & Hour Compliance

Public Works Contractor Registration, Proposed Amendments: N.J.A.C. 12:62-2.4 N

7 7/27/2004 OAL & DOL (Jointly Submitted)

Office of Administrative Law, DOL Hearings Unemployment Benefit and State Plan Temporary Disability Cases; Private Plan Temporary Disability Insurance Cases Joint Proposed Readoption with Amendments: N.J.A.C. 1:12 and 1:12A

N

8 7/28/2004 Treasury, Division of Taxation

An Act to Regulate the Retail Sale of Motor Fuels Proposed New Rules: N.J.A.C. 18:19 N

9 7/28/2004 Treasury, Division of Pensions & Benefits

Proposed New Rule: N.J.A.C. 17:2-29 Public Employees' Retirement System Eligibility and Enrollment of Employees of Bi-state and Multi-state Agencies Pursuant to P.L.2003, c.263 (N.J.S.A. 43:15A-73)

N

10 7/28/2004 Treasury, Division of Pensions & Benefits

Proposed Amendment: 17:2-6.14 Publice Employees' Retirment System Disability retirant; annual report (employment, earnings, test and adjustment)

N

11 7/29/2004 Banking & Insurance, Office of Solvency Regulation

Proposed Amendment: Determination of Insurers in a Hazardous Financial Condition Proposed Amendments N.J.A.C. 11:2-27.3

N

Page 9: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

12 7/29/2004 Banking & Insurance Notice of Proposed New Rules N.J.A.C. 11:1-47 and Amendments to N.J.A.C. 11:3 - 15.4, 15.7 and 47.3 Electronic Transactions

N

13 7/29/2004 Banking & Insurance, Division of Insurance

Notice of Reproposed New Rules N.J.A.C. 11:3-16A Private Passenger Automobile Insurance Territorial Rating Plans

N

14 7/29/2004 Transportation Notice of Proposed Amendment N.J.A.C. 16:47, Appendix B, State Highway Access Levels by Route and Milepost Access Code Classification and N.J.A.C. 16:47-6.12

Y

15 7/29/2004 Agriculture, State Soil Conservation

Notice of Proposed Amendments N.J.A.C. 2:90-1.9, 1.11-1.15 and Proposed New Rule N.J.A.C. 2:90-1.10

Y

16 7/30/2004 Environmental Protection, Land Use Management

Ground Water Quality Standards Proposed Readoption and Recodification with Amendments: N.J.A.C. 7:9-6 as N.J.A.C. 7:9C

Y

17 7/30/2004 Labor, Division of Wage and Hour Compliance

Public Works Contractor Registration Proposed Amendments: N.J.A.C. 12:62-2.4 N

18 7/30/2004 Law & Public Safety; State Athletic Control Board

Communicable Bodily Fluid Virus Testing Proposed Amendments: N.J.A.C. 13:46-12A-2, 12A-3, 12A-5, 12A-6

N

19 7/30/2004 Law & Public Safety; Division of Consumer Affairs

State Board of Medical Examiners, Minimum Standards for the Performance of New or Novel Procedures in the Office Setting; Proposed New Rule: N.J.A.C. 13:35-6.7

N

20 7/30/2004 Law & Public Safety; Alcoholic Beverage Control

Division of Alcoholic Beverage Control Rules; Consumer Alcoholic Beverage Tasting Events and Samplings; Proposed Amendment: N.J.A.C. 13:2-37.1

N

21 7/30/2004 Agriculture, Division of Marketing & Development

Equine Advisory Board Rules; Proposed Readoption with Amendments: N.J.A.C. 2:34 N

22 7/30/2004 Law & Public Safety; Division of Consumer Affairs

Halal Food Regulations; Proposed New Rule: 13:45A-22.3 and Proposed Amedment: 13:45A-22.6

N

23 8/2/2004 Human Services, Div. Of Developmental Disabilities

Life Threatening Emergencies; Proposed New Rules: N.J.A.C. 10:42B N

Page 10: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

25 8/2/2004 Human Services, Div. Of Youth & Family Services

Proposed Amendments & Proposed New Rules: Manual of Standards for Children’s Shelter Facilities and Homes, Manual of Requirements for Residential Child Care Facilities, Manual of Requirements for Children’s Group Homes

N

26 8/2/2004 Human Services, Div. of Developmental Disabilities

Placement; Proposed Amendments: N.J.A.C. 10:46B N

27 8/2/2004 Secretary of State, Div. of Archives & Records

Records Management, Proposed New Rules: N.J.A.C. 15:3-7.1 et seq. N

28 8/2/2004 Secretary of State, Div. of Archives & Records

Records Disaster Recovery Triage Grants, Proposed New Rules: N.J.A.C. 15:3-8 N

29 8/2/2004 Treasury, Division of Taxation

Cigarette Tax Act Increase in Rate, Proposed Amendment: N.J.A.C. 18:5-2.3 N

30 8/2/2004 Labor, Division of Workers' Compensation

2005 Maximum Workers' Compensation Benefit Rates, Proposed Amendment: N.J.A.C. 12:235-1.6

N

31 8/2/2004 Labor Proposed Amendments: Income Security, 2005 Maximum Weekly Benefit Rates, 2005 Taxable Wage Base Under the Unemployment Compensation Law, 2005 Contribution Rate of Governmental Entities & Instrumentalities, 2005 Base Week, 2005 Alternative Earnings Test

N

32 8/4/2004 Corrections Proposed Amendments: Authorized Off-Duty Firearms, Ammunition, Holsters and Security, Proposed Amendments: N.J.A.C. 10A:3-4.5

N

33 8/4/2004 Treasury, Division of Pensions & Benefits

Proposed Amendment, Teachers' Pension and Annuity Fund; Proposed Amendment: N.J.A.C. 17:3-6.14

N

34 8/4/2004 Environmental Protection

Site Remediation & Waste Management, Division of Solid & Hazardous Wast Recycling Rules Processing of End-of-Life Vehicles that Contain Mercury Switches; Proposed Amendments: N.J.A.C. 7:26A-1.3,2, and 2.1 Proposed New Rule. N.J.A.C. 7:26A-9.1

N

35 8/4/2004 Environmental Protection, Division of Air Quality

Control and Prohibition of Air Pollution from Oxides of Nitrogen Proposed Amendments:N.J.A.C. 7:27-8.1, 8.2; 7:27-16.1, 16.8, 16.9, 16.10, 16.16; 7:27-19; 7:27-22.1; 7:27A-3.10 Proposed New Rule:N.J.A.C. 7:27-19.11 & Proposed Repeal: N.J.A.C. 7:27-16.24

Y

36 8/6/2004 Corrections Notice of Proposal: Provision of Services Preceding Execution; Execution Unit Proposed Amendment: N.J.A.C. 10A:23-2.2 and Proposed New Rule: N.J.A.C. 10A:23-2.12

N

Page 11: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

37 8/6/2004 Agriculture, Division of Animal Health

Notice of Proposal: Livestock and Poultry Importation; Proposed Readoption with Amendments: N.J.A.C. 2:3

N

38 8/9/2004 Corrections Objective Classification Process; Proposed Amendments: N.J.A.C. 10A:1-2.2; 10A:9-1.3, 1.4, 2.2 through 2.5, 2.7 and 2.8. Proposed Repeals: N.J.A.C. 10A:9-2.9 and 2.10

N

39 8/9/2004 Agriculture, Division of Plant Industry

Asian Longhorned Beetle Quarantine: Adopted Emergency Amendments and Concurrent Proposed Amendments: N.J.A.C. 2:20-8.4 and 2:20-8.5

N

40 8/9/2004 Education Notice of Proposed Rule: Development of new chapter N.J.A.C. 6A:32, School Operations

N

41 8/10/2004 Personnel Merit System Board Leaves, Hours of Work and Employee Development 4L Workweek Proposed Amendment: N.J.A.C. 4A:6-2.2A

N

42 8/10/2004 Personnel Merit System Board - Donated Leave; Proposed Amendment: N.J.A.C. 4A:6-1.22 N 43 8/10/2004 Personnel Merit System Board - Military Leave; Reproposed Amendments: N.J.A.C. 4A:6-1.11 N 44 8/10/2004 Personnel Merit System Board - Veterans and Disabled Veterans Preference; Proposed

Amendments: N.J.A.C. 4A:5-1.1 N

45 8/10/2004 Health & Senior Services

Division of Public Health & Environmental Laboratories; State Sanitary Code-Chapter 8; Collection, Processing, Storage and Distribution of Blood; Proposed Readoption with Amendments: N.J.A.C. 8:8-1.1 through 13.20

N

46 8/10/2004 Health & Senior Services

Division of Senior Benefits & Utilization Management, Long Term Care Services Manual; Proposed Readoption & Recodification with Amendments and Proposed Readoption & Recodification with Amendments

N

47 8/11/2004 Banking and Insurance Office of Property & Casualty, Private Passenger Automobile Insurance - Use of Alternate Underwriting Rules; Proposed Amendments: N.J.A.C. 11:3-35.3, 35A.1, 35A.3, 35A.4, 35A.6 and 35A.7

N

48 8/11/2004 Environmental Protection

Natural & Historic Resources Engineering & Construction, Flood Hazard Area Redelineation of the Millstone River; Proposed Amendment: N.J.A.C. 7:13-7.1, Delineated Floodways

Y

49 8/12/2004 Law & Public Safety, New Jersey Racing Commission

New Jersey Racing Commission, Horse Racing - First Time Starters Proposed Amendment to N.J.A.C. 13:70-6.54

N

50 8/12/2004 Banking and Insurance, Division of

Division of Banking, Proposed Interstate Acquisition Proposed Readoption with Amendments: N.J.A.C. 3:33

N

Page 12: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

Banking 51 8/12/2004 Law & Public Safety,

Division of Consumer Affairs

Charitable Fund Raising Regulations, Proposed Readoption with Amendments: N.J.A.C. 13:48

N

52 8/12/2004 Education Proposed Amendments: N.J.A.C. 6A:9, Professional Licensure and Standards N 53 8/12/2004 Health and Senior

Services Division of Family Health Services, Newborn Screening Program; Proposed Repeals: N.J.A.C. 8:19-1.1 to 1.8, Proposed New Rules: N.J.A.C. 8:19-1.1 to 1.18

N

54 8/12/2004 Law & Public Safety Division of Alcoholic Beverage Control Rules Proposed New Rules; Proposed Amendments; Proposed Repeal

N

55 8/12/2004 Law & Public Safety Division of Consumer Affairs Occupational Therapy Advisory Council Proposed Amendments: N.J.A.C. 13:44K-7, 7.2

N

56 8/12/2004 Human Services Commission for the Blind and Visually Impaired, Vocational Rehabilitation Services Program; Proposed Readoption with Amendments: N.J.A.C. 10:95

N

57 8/12/2004 Treasury, Division of Taxation

Transfer Inheritance and Estate Tax, Domestic Partners, Family Limited Partnerships; Insurance; Technical Corrections; Proposed Amendments: 18:26-1.1, 2.6, 3A.2, 3A.3, 3A.8, 3A.11, 5.11, 6.1, 6.15, 6.16, 8.14, 11.14, 11.30, 11.31

N

58 8/12/2004 Human Services Division of Family Development; Child Care Services Program; Proposed Readoption with Amendments: N.J.A.C. 10:15; Proposed New Rule: N.J.A.C. 10:15-7.3; Proposed Repeals: N.J.A.C. 10:15-11.1 through 11.3 and Appendix

N

59 8/12/2004 Human Services Division of Youth and Family Services, General Placement Provisions; Proposed Readoption with Amendments: N.J.A.C. 10:133H

N

60 8/12/2004 Health and Senior Services

Division of Aging and Community Services, Adult & Pediatric Day Health Services; Proposed Amendments; Proposed Repeal; Proposed New Rules; Proposed Recodification with Amendments.

N

61 8/13/2004 Community Affairs Division of Codes & Standards, Uniform Construction Code, Rehabilitation Subcode; Proposed Amendments: N.J.A.C. 5:23-6.5, 6.6, 6.7, 6.8, 6.9 and 6.31

N

62 8/17/2004 Banking & Insurance Division of Insurance, Actuarial Services, Mandated Benefits for Biologically-Based Mental Illness; Reproposed New Rules: N.J.A.C. 11:4-57

N

63 8/17/2004 Personnel Merit System Board - Leaves, Hours of Work and Employee Development - Vacation Leave; Proposed Amendment: N.J.A.C. 4A:66-1.2

N

64 8/17/2004 Community Affairs Division of Codes & Standards, Residential Site Improvement Standards; Definitions; Y

Page 13: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

Streets and Parking; Water Supply; Stormwater Management; Referenced Standards 65 8/17/2004 Community Affairs Division of Codes & Standards, Uniform Construction Code, Use of Standardized

Elevator Fire Service Keys N

66 8/18/2004 Agriculture Division of Plant Industry, Asian Longhorned Beetle Quarantine; Adopted Emergency Amendments and Concurrent Proposed Amendments: N.J.A.C. 2:20-8.5

N

67 8/18/2004 Labor Division of Wage and Hour Compliance, Public Works Contractor Registration; Proposed Amendments: N.J.A.C. 12:62-2.4

N

68 8/18/2004 Commerce and Economic Growth Commission

Office of Business Services, Division of Purchase and Property - Goods and Services Contractors for Small Businesses

N

69 8/19/2004 Banking & Insurance Division of Banking, Agents of Foreign Banks; Proposed New Rules: N.J.A.C. 3:4-4 N 70 8/19/2004 Banking & Insurance Division of Surplus Lines, Exportable List; Proposed Amendments: N.J.A.C. 11:1-34.6 N 71 8/19/2004 Corrections State Parole Board, Parole Board Rules; Proposed Readoption with Amendments:

N.J.A.C. 10A:71 and Proposed New Rule: N.J.A.C. 10A:71-6.12 N

72 8/20/2004 Banking & Insurance Division of Insurance, Orderely Withdrawal of Insurance Business; Proposed New Rules: N.J.A.C. 11:2-29.6 and 29.8; Proposed Amendments: N.J.A.C. 11:2-29.1, 29.2, 29.3, 29.4, 29.5 and 29.7

N

73 8/23/2004 Treasury, Division of Taxation

Division of Taxation, Corporate Business Tax Entire net income; how computed; Proposed Amendments: N.J.A.C. 18:7-5.2 (a) 2.1 (1) and 18:7-5.2 (a) 2.ii.(1)

N

74 8/23/2004 Corrections Schedule of Sanctions for Prohibited Acts Committee at the Prison Complex; Schedule of Sanctions for Prohibited Acts Committed at the Youth Complex; Proposed Amendments: N.J.A.C. 10A:4-5.1(f) and 5.2(f)

N

75 8/24/2004 Health & Senior Services

Division of Health Care Quality and Oversight, Division of Long Term Care Systems, Certificate of Need: Policy Manual for Long Term Care Services; Readoption with Amendments: N.J.A.C. 8:33H.

N

76 8/24/2004 Personnel Merit System Board, General Rules and Department Organization Selection and Appointment, EEO and AO, Domestic Partnerships; Proposed Amendments: N.J.A.C. 4A:1-1.3, 4A:4-2.11, 4A:7-1.1 and 4A:7-3.1

N

77 8/24/2004 Banking & Insurance Division of Insurance, Group Self-Insurance; Proposed Readoption with Amendments: N.J.A.C. 11:15

N

78 8/25/2004 Human Services Division of Family Development, Home Energy Assistance; Proposed Readoption with N

Page 14: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

Amendments: N.J.A.C. 10:89; Proposed New Rule: N.J.A.C. 10:89-1.4; Proposed Recodification: N.J.A.C. 10:89-5.6; Proposed Recodification

79 8/30/2004 Law & Public Safety Division of Consumer Affairs, State Board of Mortuary Science Rules; Proposed Readoption with Amendments: N.J.A.C. 13:36 and Proposed Repeals: 13:36-4.10, 5.13; Proposed New Rules: N.J.A.C. 13:36-1.2, 2.15, 3.8, 4.15

N

80 8/30/2004 Community Affairs Division of Codes & Standards, Hotels and Multiple Dwellings, Indirect apportionment of heating costs, Criteria for acceptance; Proposed Amendments: N.J.A.C. 5:10-25.1 and 25.3

N

81 8/31/2004 Treasury, Division of Taxation

Cigarette Tax Act, Computation of Tax; increase in rate; Proposed Amendment: N.J.A.C. 18:5-2.3

N

82 8/31/2004 Environmental Protection

Site Remediation and Waste Management Program, Solid Waste Regulations NJAC 7:26 and Recycling Rules NJAC 7:26A; Proposed Amendments: N.J.A.C. 7:26-2.4, 2.12, 2.13, 3.6, 3A.6, 3A.16, 3A.21,3A.26, 3A.28, 3A.47, 3A.48, 4.8, 17.1, 7:26A-1.4

Y

83 8/31/2004 Community Affairs Division of Housing and Community Resources, Multifamily Housing Preservation and Receivership; Proposed Amendments: N.J.A.C. 5:43-1.4 and Proposed New Rules: N.J.A.C. 5:43-5; Appendices K,L,M and N

Y

84 9/1/2004 Treasury Division of Pensions & Benefits, Public Employees' Retirement System; Proposed Readoption with Amendments: N.J.A.C. 17:2 and Proposed New Rules: N.J.A.C. 17:2-2.10 and 3.15

N

85 9/2/2004 Banking & Insurance Division of Insurance, Actuarial Services Charitable Annuities; Proposed Amendments: N.J.A.C. 11:4-8

N

86 9/2/2004 Health & Senior Services

Division of Senior Services, Division of Aging and Community Services, Office of Area Aging Administration, Planning & Services Areas and Area Agencies on Aging; Proposed New Rules: N.J.A.C. 8:88A

N

87 9/3/2004 Law & Public Safety Domestic Security Preparedness, Access to Records; Proposed New Rules: N.J.A.C. 13:1F

N

88 9/3/2004 Environmental Protection

Environmental Regulation, Division of Air Quality, Air Quality Permitting Element, Air Pollution Control; Proposed Amendments: N.J.A.C. 7:27-8.1, 7:27-17.1, 7:27-19.1, 27-22.1

Y

89 9/3/2004 Environmental Protection

Division of Fish & Wildlife, Fish and Game Council, 2004-2005 Game Code; Adopted Amendments: N.J.A.C. 7:25-5

E

Page 15: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

90 9/7/2004 Human Services Division of Youth and Family Services, Child Protective Service Investigations and Determinations of Abuse and Neglect; Proposed Amendments: N.J.A.C. 10:129A-1.2, 1.3, 1.4, 2.1, 2.2, 2.3, 2.6, 3.1, 3.3, 3.4, 4.1, 4.2, 4.3, 4.4

N

92 9/7/2004 Human Services Division of Developmental Disabilities, Waiting List Procedures; Proposed Repeal and New Rules: N.J.A.C. 10:46C

N

93 9/8/2004 Agriculture Division of Marketing and Development, Charity Racing Day Fund Distribution; Readoption with Amendments: N.J.A.C. 2:31

N

94 9/8/2004 Agriculture Sire Stakes Program; Proposed Amendments: N.J.A.C. 2:32 N 95 9/8/2004 Agriculture Division of Marketing and Development, Dairy Industry, Grades and Standard E 96 9/8/2004 Law & Public Safety Division of Consumer Affairs, State Board of Medical Examiners; Proposed Readoption

with Amendments: N.J.A.C. 13:35; Proposed Repeal: N.J.A.C. 13:35-3.5; Proposed New Rules: N.J.A.C. 13:35-3.14, 6.24 and 10.4

N

97 9/9/2004 Treasury, State Investment Council

State Investment Council, State Investment Council's Policy Concerning Political Contributions and Prohibitions on Investment Management Business; Proposed New Rules: N.J.A.C. 17:16-4

N

98 9/9/2004 Board of Public Utilities Vegetation Management (Tree Trimming Standards); Proposed Rule: N.J.A.C. 14:5-8.1, 8.2, 8.3, 9.4, 8.5, 8.6, 8.7, 8.8, 8.9

E

99 9/10/2004 Treasury Division of Pensions and Benefits, State Health Benefits Program, Retiree Prescription Drug Card Plan; Proposed Amendment: N.J.A.C. 17:9-6.10

N

100 9/10/2004 Treasury Division of Pension and Benefits, State Health Benefits Program, Employee Dental Plans and Retiree Dental Expense Plan; Proposed Amendments: N.J.A.C. 17:9-9.1 et seq, Proposed New Subchapter

N

101 9/10/2004 Banking Division of Insurance, Commercial Lines Insurance, Policy Form Standards; Proposed Amendment: N.J.A.C. 11:13-7.3

N

102 9/10/2004 Banking Divison of Insurance, Medical Malpractice Insurance; Proposed New Rules: N.J.A.C. 11:27-1 and 2.

N

103 9/10/2004 Banking Division of Insurance, Medical Malpractice Insurance; Proposed Amendments: N.J.A.C. 11:1-7.1 and 7.3

N

104 9/10/2004 Banking Division of Insurance, Medical Malpractice Insurance; Proposed Amendments: N.J.A.C. 11:1-20.2; Proposed New Rules: N.J.A.C. 11:27-6

N

105 9/13/2004 Health & Senior Public Health Council, Screening of Children for Lead Poisoning; Proposed New Rule: N

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SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

Services N.J.A.C. 8:51A 106 9/13/2004 Health & Senior

Services Division of Epidemiology, Environmental and Occupational Health, Worker & Community Rights to Know Act Rules; Proposed Readoption with Amendments: N.J.A.c. 8:59

Y

107 9/13/2004 Community Affairs Local Finance Board, Development and Redevelopment Activities, Revenue Allocation Districts and Financing Plans; Proposed New Rules: N.J.A.C. 5:36-1

Y

108 9/15/2004 Community Affairs Division of Fire Safety, Uniform Fire Code, Key Boxes; Proposed Amendments: N.J.A.C. 5:70-1.5; Proposed New Rule: N.J.A.C. 5:70-2.23

N

109 9/15/2004 Community Affairs Division of Codes & Standards, Uniform Construction Code, Plumbing Subcode; Proposed Amendments: N.J.A.C. 5:23-3.15

N

110 9/16/2004 Treasury Division of Taxation, General Policies and Procedures, Requirements for Payment of Taxes by Electronic Transfer; Proposed Amendment: N.J.A.C. 18:2-3.4, 3.7 and 3.11

N

111 9/16/2004 Labor Workforce New Jersey, WARN Notification Procedures; Proposed Readoption with Amendments: N.J.A.C. 12:40

N

112 9/17/2004 Education Proposed Rules to N.J.A.C. 6A:3, Controversies and Disputes; N.J.A.C. 6A:21, Marie H. Katzenbach School fo the Deaf; N.J.A.C. 6A:8, Standards and Assessment for Student Achievement; and N.J.A.C. 6:30, Adult Education

N

113 9/23/2004 Agriculture Division of Food and Nutrition, Child Nutrition Programs; Proposed Amendments: N.J.A.C. 2:36

N

114 9/23/2004 Community Affairs Division of Codes & Standards, Liquefied Petroleum Gas Training Requirements; Proposed Amendments: N.J.A.C. 5:18-10.3

N

115 9/27/2004 Banking and Insurance Division of Insurance, Medical Malpractice Insurance; Proposed New Rules: N.J.A.C. 11:27-3

N

116 9/27/2004 Banking and Insurance Division of Insurance, Premium Payment Installments for Medical Malpractice Insurance; Proposed New Rules: N.J.A.C. 11:27-4

N

117 9/27/2004 Banking and Insurance Division of Insurance, Medical Malpractice Insurance; Proposed New Rules: N.J.A.C. 11:27-5

N

118 9/27/2004 Law & Public Safety Division of Consumer Affairs, Certified Psychoanalysts Advisory Committee; Proposed New Rules: N.J.A.C. 13:42A

N

119 9/29/2004 Law & Public Safety Division of Alcoholic Beverage Control Rules, Trade Member Discrimination, Marketing and Advertising: Discrimination in Services, facilities or equipment; Display services and merchandisers; Delivery, Product Rotation and Shelf Management; Penalties.

N

Page 17: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

120 9/29/2004 Law & Public Safety Division of Alcoholic Beverage Control Rules; Proposed New Rule: N.J.A.C. 13:2-23.33 and Proposed Amendments: N.J.A.C. 13:2-19.11, 24.2 and 24.3

N

121 9/30/2004 Health & Senior Services

Division of Aging and Community Services, Adult and Pediatric Day Health Services; Proposed Amendments: N.J.A.C. 8:86-1.1, 1.2, 1.3, 2.1 and 2.2; Proposed Repeal: N.J.A.C. 8:86-1.4, 1.5, 1.6, 1.7, 1.9 and Appendices A, B, C, D, E, F and G plus more.

N

122 9/30/2004 DEP Site Remediation and Waste Management, Division of Solid and Hazardous Waste - Solid Waste Transporter Registration and Related Fees for Rail Carriers; Proposed Amendments: N.J.A.C. 7:26-2B.1, 3.3, 3.5 and 4.1

Y

123 10/1/2004 Labor Public Safety and Occupational Safety and Health - Boilers, Pressure Vessels and Refrigeration; Proposed Readoption with Amendments: N.J.A.C. 12:90

N

124 10/1/2004 DEP Natural and Historic Resources, Division of Fish and Wildlife - Limitation, Modification, or prohibition of issuance of authorizations; Proposed Amemdments: N.J.A.C. 7:25-1.4; Proposed New Rule: N.J.A.C. 7:25-1.6

Y

125 10/4/2004 Health and Senior Services

Office of Diversity and Equity Services - Disability Discrimination Grievance Procedure; Proposed New Rules: N.J.A.C. 8:1 and Proposed New Rules: N.J.A.C. 8:1

N

126 10/4/2004 DEP Land Use Management Water Monitoring Management - Surface Water Quality Standards, Surface Water Classifications; Proposed Amendment: N.J.A.C. 7:9B-1.15

Y

127 10/6/2004 Treasury Division of Taxation - Spill Compensation and Control Tax; Proposed Rules with Amendments: N.J.A.C. 18:37-2.1 and 2.2

N

128 10/6/2004 Health and Senior Services

Office of Managed Care, Designation of Hemophilia Health Care Providers; Adopted New Rules: N.J.A.C. 8:38C-2

E

129 10/8/2004 Education Students at Risk of Not Receiving a Public Education, Subchapter 2. Education of Homeless Children; Proposed Amendments: N.J.A.C. 6A:17

N

130 10/8/2004 Education Programs to Support Student Development; Proposed Rules: N.J.A.C. 6A:16 N 131 10/8/2004 Education Student Transportation; Readoption with Amendments: N.J.A.C. 6A:27 N 132 10/12/2004 Health & Senior

Services Division of Long-Term Care Systems, Standards for Licensure of Adult and Pediatric Day Health Services; Proposed Amendments: NJAC 8:43F-1.1, 1.2; titles of Subchapters 3, 4; and Proposed Recodification with Amendments: NJAC 8:43F-3.4

N

133 10/12/2004 Treasury Division of Purchase and Property, Purchase Bureau; Contract Compliance and Administration Unit; Surplus Property Unit, computer Distribution Program; Proposed Readoption with Amendments: N.J.A.C. 17:12

N

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SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

134 10/12/2004 Labor Contributions, Records and Reports; Proposed Readoption with Amendments: N.J.A.C. 12:16

N

135 10/13/2004 Banking & Insurance Division of Banking, Licensed Lenders: Mortgage Bankers; Corresponent Mortgage Bankers; Mortgage Brokers; Secondary Lenders; Consumer Lenders and Sales Finance Companies - first Mortgage Loands; Proposed Amendments: N.J.A.C. 3:15-10.4

N

136 10/13/2004 Human Services Division of Developmental Disabilties - Family Support Service System; Proposed Readoption with Amendment: N.J.A.C. 10:46A

N

137 10/15/2004 Human Services Hearings; Proposeed Readoption with Amendments: N.J.A.C. 10:6 N 138 10/15/2004 Community Affairs Division of Codes and Standards - Uniform Construction code, Barrier Free Subcode;

Proposed Amendments: N.J.A.C. 5:23-6.31, 7.3, 7.5, 7.7, 7.9 and 7.10 N

139 10/18/2004 Banking & Insurance Division of Banking - Insurance Premium Finance Company Act Rules; Proposed Readoption with Amendments: N.J.A.c. 3:22

N

140 10/20/2004 Community Affairs Division of Fire Safety - Standards for Fire Service Training and Certification; Eligible Organizations; fire Brigades; Firefighter I; Fire Officer Training; Proposed Amendments: N.J.A.c. 5:73-1.4, 2.2, 4.3, 8.1 and 8.2

N

141 10/20/2004 Community Affairs Division of Fire Safety - Fire Code Enforcement - Firefighter Serious Injury and Death Investigations; Proposed New Rule: N.J.A.C. 5:71-2.12

N

142 10/22/2004 Veterans Affairs Division of Veterans Programs - Veterans' Loans, Grants and Services; NJAC5A:6 N 143 10/22/2004 DEP Envrionmental Regulation and Land Use Management , Division of Water Quality and

Divison of Watershed Management - Sewage Infrastructure Improvement Act Grants; Proposed Readoption with Amendments: N.J.A.C. 7:22A and Proposed Repeal: N.J.A.C. 7:22A-7

Y

144 10/22/2004 DEP Compliance and Enforcement; Proposed Readoption with Amendments: N.J.A.C. 7:27A Y 145 10/28/2004 Banking & Insurance Division of Actuarial Services, Long-Term Care Insurance; Proposed New Rules:

N.J.A.C. 11:4-34 and Proposed Repeal: N.J.A.C. 11:4-34 N

146 10/28/2004 Banking and Insurance Division of Insurance, Medical Malpractice Liability Insurance Premium Assistance Fund - Premium Subsidy; Special Adopted and Concurrent Proposed New Rules: N.J.A.C. 11:27-7

N

147 10/28/2004 Banking & Insurance Division of Banking - Investments; Proposed Readoption with Amendments: N.J.A.C. 3:11

N

148 10/28/2004 DEP Environmental Regulation, Division of Air Quality, Air Quality Permitting Element - Air E

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SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

Pollution control, Control and Prohibition of Mercury Emissions; Adopted Amendments: N.J.A.C. 7:27-27.1, 27.2, 27.4 and 27.9; and 7:27A-3.10.

149 11/4/2004 Community Affairs Division of Fire Safety, Uniform Fire Code - Retreat Lodging Facilities; Proposed Amendments: N.J.A.C. 5:70-1.5, 2.4A1, (f)2, (g) 2, (h)4, (I)1 and (I)3, 2.4B(e)1, 2.4(f)4, 2.4B(h)7 and 2.4B(h)2

N

150 11/5/2004 DEP Office of Air Quality Management, National Low Emission (NLEV) and Heavy-Duty Diesel New Engine Standards Program; Proposed Amendments; Proposed New Rules; Proposed Recodification; Proposed Recodification with Amendments.

Y

151 11/8/200 Banking and Insurance Rate Filing Requirements: Voluntary Market Private Passenger Automobile Insurance;Proposed Repeal: NJAC 11:3-16.8, 16.9, 16.10, 16.11, Exhibits A,B,F,G and J; Proposed Repeal: NJAC 11:3-16.8, 16.9, 16.10 and Exhibit A; Proposed Amendments

N

152 11/8/2004 Banking and Insurance Division of Insurance - Recovery of Fugitive Fees by Surety Companies; Proposed New Rules: N.J.A.C. 11:1-40 and Proposed Amendment: N.J.A.C. 11:17B-3.2(C.)

N

153 11/9/2004 Treasury Division of Pensions and Benefits, PFRS - Service Credited from Mulitple Positions, Optional purchases of eligible service methods of payment; Proposed New Rule: N.J.A.C. 17:4-5.2 and Proposed Amendment: N.J.A.C. 17:4-5.3

N

154 11/9/2004 Treasury Division of Pensions and Benefits PFRS - Employment After Retirement; Proposed New Rule: N.J.A.C. 17:4-6.8

N

155 11/10/2004 Transportation Commissioner of Transportation, Truck Access; Proposed Readoption of 16:32 without amendment and Proposed Repeal and New Rules: N.J.A.C. 16:32, Appendix A, Appendix B and Appendix C

Y

156 11/10/2004 Law & Public Safety Juvenile Justice Commission - Classification Assignment Process for Juveniles; Proposed New Rules: N.J.A.C. 13:100

N

157 11/12/2004 Agriculture Division of Animal Health - Laboratory Services; Proposed Readoption with Amendments: N.J.A.C. 2:10

N

158 11/15/2004 Banking & Insurance Division of Insurance - Fraud Prevention and Detection, Fraud Prevention and Detection Plans; Proposed Amendments: N.J.A.C. 11:16-6 and Appendix

N

159 11/15/2004 Community Affairs Division of Codes and Standards - Uniform Construction Code, Construction permits; retaining walls; Proposed Amendment: N.J.A.C. 5:23-2.14

Y

160 11/16/2004 Banking & Insurance Division of Insurance - Health Benefit Plans Prompt Payment of Claims, Denied and Disputed Claims; Proposed Amendment: N.J.A.C. 11:22-1.6

N

Page 20: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

161 11/16/2004 Transportation Division of Intermodal Services - Transportation of Hazardous Materials; Proposed Readoption with Amendments: N.J.A.C. 16:49

Y

162 11/17/2004 Corrections Medical and Health Services; Proposed Readoption with Amendments: N.J.A.C. 10A:16 N 163 11/17/2004 Health & Senior

Services Division of Public Health Protection and Emergency Preparedness, Consumer and Environmental Health Services, Food and Drug Safety Program; Food and Drugs - Definitions: Certificate of Free Sale

N

164 11/18/2004 Transportation Division of Aeronautics - Air Safety and Zoning; Proposed Readoption with Amendments: N.J.A.C. 16:62

Y

165 11/19/2004 Corrections Volunteer Photo Identification Cards and Index Data Files - Visitor Identification; Proposed Amendments: N.J.A.C. 10A:17-2.10 and 10A:18-6.10

N

166 11/19/2004 DEP Division of Environmental Safety & Health, Commission on Radiation Protection - Radiation Protection Programs; Proposed Readoption with Amendments: N.J.A.C. 7:28

N

167 11/22/2004 Treasury Division of Taxation - Gross Income Tax, Extension of Time to File - Return Requirements; Proposed Amendments: N.J.A.C. 18:35-6.3 and 6.4

N

168 11/22/2004 Treasury Division of Taxation - Corporation Business Tax, Casino Hotel Consolidated Returns; Proposed Amendment: N.J.A.C. 18:7-1.17

N

169 11/22/2004 Banking & Insurance New Jersey Individual Health Coverage Program Board - Individual Health Coverage Program; Proposed Amendments: N.J.A.C. 11:20-3.1(b) and N.J.A.C. 11:20 Appendix Exhibits C, D and T.

N

170 11/22/2004 Law & Public Safety Division of Consumer Affairs, State Board of Nursing - Rules of the State Board of Nursing; Proposed Readoption with Amendments, Repeals and New Rules: N.J.A.C. 13:37

N

171 11/22/2004 Human Services Division of Developmental Disabilities - Administration; Proposed Amendments: N.J.A.C. 10:48-1.1(d) and 10:48-1.4(b)1 and 2

N

172 11/23/2004 Health & Senior Services

Division of HIV/AIDS Services - Acquired Immunodeficiency Syndrome; New Rules: N.J.A.C. 8:61

N

173 11/29/2004 Law & Public Safety Division of Consumer Affairs, State Board of Medical Examiners - State Board of Medical Examiner Fees; Proposed Amendments: N.J.A.C. 13:35-6.13, 8.19, 9.6 and 10.6

N

174 11/29/2004 Health & Senior Services

Office of Budget, Finance and Information Technology, Bureau of Vital Statistics and Registration - Birth Certificates; Proposed Readoption with Amendments: N.J.A.C. 8:2

N

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SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

175 11/29/2004 Health & Senior Services

Office of Budget, Finance and Information Technology, Bureau of Vital Statistics and Registration - Death Records; Proposed Repeal and New Rules: N.J.A.C. 8:2A

N

176 11/29/2004 Health & Senior Services

Office of Budget, Finance and Information Technology, Bureau of Vital Statistics and Registration - Certificate of Domestic Partnership; Proposed New Rules: N.J.A.C. 8:2B

N

177 11/29/2004 Community Affairs Division of Codes & Standards - Hotel and Multiple Dwellings, Carbon Monoxide Alarms; Proposed Amendments: N.J.A.C. 5:10-28.1

Y

178 11/30/2004 Community Affairs Division of Housing - Establishment of State Rental Assistance Program Implementation of P.L. 2004, c. 140.

Y

179 12/2/2004 Education Proposed Rules to NJAC 6A:4, State Board of Education Appeals; and NJAC 6A:5, Regulatory Equivalency and Waiver.

Y

180 12/2/2004 Community Affairs Proposed readoption of the Historic Preservation Revolving Loan Fund Rules NJAC 5:102.

Y

181 12/2/2004 Health and Senior Services

Rules for licensing nursing home administrators and rules regaulating the nursing home administrators licensing board.

N

182 12/3/2004 Treasury Division of Pensions and Benefits/Policy and Firemen's Retirement System proposed amendments NJAC 17:4-6.3 and 17:4-6.7 accidental disability retirement amend disability determination

N

183 12/6/2004 Human Services DDD Reproposal of 10:42A, Life-Threatening Emergencies (Danielle's Law) N 184 12/8/2004 Banking and Insurance Division of Legislative and Regulatory Affairs proposed readoption with Amendments

NJAC 11:17A, 17B, 17C and 17D - Insurance Producer Standards of Conduct N

185 12/8/2004 Treasury Division of Pensions and Benefits State Health Benefits Program Domestic Partnership Act.

N

186 12/9/2004 Banking and Insurance Proposed New Rules N.J.A.C. 11:27-7 Officers, Directors and Board Members of Medical Malpractice Liability Insurers

N

187 12/10/2004 Environmental Protection

Proposed Amendments to Fish and Crab and Lobster Management, Marine Fisheries N.J.A.C. 7:25 propose amendments of the Fish and Wildlife rules amended & resubmitted

Y

188 12/10/2004 Human Services DMAHS rules on Hospital Services at 10:52. N 189 12/10/2004 Labor Labor and Workforce Development Division of Workers' Compensation Asbestos

Exposure Claims Under NJSA 34:15-33.3 Certification to the Uninsured Employer's Fund Medical Info in Asbestos Exposure Cases

N

Page 22: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

190 12/13/2004 Treasury Division of Pensions & Benefits election of active member-trustee and election of retired member-trustee proposed amendments NJAC 17:4-1.4 and 1.13.

N

191 12/15/2004 LPS Horse Racing Injury compensation Fund NJAC 13:73 Readoption. N 192 12/16/2004 Education Proposed Rules to NJAC 6A:26, Educational Facilities. Y 193 12/21/2004 Law & Public Safety Board of Electrical Contractors Subcontracting Proposal N.J.A.C. 13:31-3.5 N 194 12/22/2004 Corrections Proposed Amendment at NJAC 10A:19-2.3, Release of Information. N 195 12/22/2004 Environmental

Protection Proposed amendments -- Shellfish Growing Waters NJAC 7:12. Y

196 1/3/2005 Human Services DMAHS proposed amendments to 10:52, Hospital Services; Pediatric Comprehensive Rehabilitation Hospitals.

N

197 1/4/2005 Health and Senior Services

NJAC 8:43 Standards for Licensure of RHCF Division of Long Term Care systems, Standards for Licensure of Residential Health Care Facilities.

N

198 1/4/2005 Community Affairs Readoption of the Department's organizational rules, including the description of the organization of the Department.

N

199 1/4/2005 Community Affairs Adoption of the annual revisions to Rehabilitation Subcode of the State Uniform Construction Code

Y

200 1/4/2005 Treasury Taxation -- tax return filing - return requirements NJAC 18:35-6.3 and 6.4 N 201 1/4/2005 Transportation NJAC 16:43 Junkyards Adjacent to the Interstate and National Highway Systems Y 202 1/4/2005 Community Affairs UCC amendment concerning temporary certificates of occupancy and conditional

reports of compliance issued by soil conservation districts Y

203 1/5/2005 Health and Senior Services

Division of Health Care Quality and Oversight - Manual of Stqandards of Licensing of Ambulatory Care Facilities

N

204 1/5/2005 Law and Public Safety Board of Dentistry - Parenteral Conscious Sedation; Use of General Anesthesia N 205 12/22/2004 DEP NJ Pollutant Discharge elimination system rules and the technical requirements for site

Remediation rules Y

206 1/7/2005 Transportation Proposal for amendment ot N.J.A.C. 16:47, Appendix B, State Highway Access Levels by Route and Milepost Access Code Classification

E

207 1/10/2005 Human Services Proposed amendments to the Work First New Jersey Manual. N 208 1/10/2005 Banking and Insurance Notice of Proposed Amendments to Data Submission Requirements for all Domestic

Insurers NJAC 11:19-2.4 N

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SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

209 1/10/2005 Banking and Insurance Notice of Adoption of New Rules NJAC 11:1-47 and Amendments to NJAC 11:3-15.4, 15.7 and 47.3 electronic Transactions

N

210 1/11/2005 Banking and Insurance Auto Physical Damage Claims Excessive Salvage Deductions in total Loss Claims Notice of Porposed amendments to NJAC 11:3-10.4

N

211 1/12/2005 Health and Senior Services

Proposed New Rule NJAC 8:36Standards foir Licensure of Assisted Living Residences, Comprehensive Personal Care Homes, and Assisted Living Programs

Y

212 1/13/2005 Law and Public Safety Legalized Games of Chance amendments to the Raffles and Bingos regs E 213 1/14/2005 Treasury Proposed readoption of NJAC 17:25 Collection of Debts N 214 1/14/2005 Treasury Division of Investment/State Investment Council NJAC 17:16-69 new common fund,

NJAC 17:16-71 Real Estate Equity Real Assets, NJAC 17:16-90 Private Quity N

215 1/24/2005 Treasury Corporation Business Tax Treatment of S Corporations NJAC 18:7-20.1 and 18:7-20.2 N 216 1/25/2005 DCA Licensing Hotel and Multiple Dwelling inspectors and officials N 217 1/25/2005 Banking and Insurance NJAC 33 -- Department Organization N 218 1/25/2005 Banking and Insurance Commercial Auto Insurance Plan N 219 1/27/2005 Community Affairs Local Finance Board with Proposed New Rules: NJAC 5:36-1. Recodification with

Amendments: NJAC 5:38 as 5:36.3 and 5:39 as 5:36-4. Y

220 1/27/2005 Board of Public Utilities Adoption of Amendment to NJAC 14:4-8.3, 8.8 and 8.9 Renewable Energy Portfolio Standards

Y

221 1/28/2005 Treasury Property Tax General Provisions N 222 1/28/2005 Board of Public

Unilities Regs. Of Cable Television - Bills for services; form of bill N

223 1/31/2005 Law and Public Safety Division of Consumer Affairs, State Board of Physical Therapy Examiners; Proposed Amendments: NJAC 13:39A-1.1,1.3,2.2,2.3,3.1,3.5,3.8,5.4,5.7,6.3 and 6.4; Proposed Repeals and also Proposed New Rules

N

224 1/31/2005 Human Services Division of Addictive Services, Intoxicated Driving Program: Alcohol Treatment Program Fund, Intoxicated Drive Resource Center Fee Increase; Proposed Readoption with Amendments: NJAC 8:66A, and Recodification at NJAC 10:162

N

225 2/2/2005 Law and Public Safety Consumer Affairs, State Board of Architects; Proposed Readoption with Recodifications and Amendments: NJAC 13:27; Proposed Repeal and Proposed New Rules

N

226 2/3/2005 Law & Public Safety Consumer Affairs, Orthotics and Prosthetics Board of Examiners, Continuing Education; N

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SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

Proposed New Rule: N.J.A.C. 13:44H-6.3 227 2/3/2005 Law & Public Safety Consumer Affairs, NJ Board of Examiners of Opthlamic Dispensers and Ophthalmic

Technicians, Rules of the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians; Proposed Readoption with Amendments, Repeals and Recodifications

N

228 2/4/2005 Department of Community Affairs

Division of Codes & Standards, Ski Lifts; Proposed Amendments and Proposed New Rules

N

229 2/7/2005 Law and Public Safety Office of Weights and Measures - Fees for the Registration, Inspection and Testing of Weighing and measuring Devices

N

230 2/10/2005 Law and Public Safety Proposed Repeal and New Rules NJAC 13:4 Division on Civil Rights Rules of Practice and Procedure

N

231 2/10/2005 Transportation Proposal NJAC 16:26 Readoption with Amendments Motorized Bicycles N 232 2/14/2005 Banking and Insurance Proposed Amendments and New Rules NJAC 3:6-14.1 and 14.3 Foreign Banks,

Certificate of Authority to do Trust Business N

233 2/14/2005 Law and Public Safety NJAC 13:44C-7.2A and 8.1 Audiology and Speech-Language pathology Advisory Comm Fees; Record keeping

N

234 2/14/2005 Environmental Protection

Dam Restoration Loan Program Rules; proposal to readopt Y

235 2/15/2005 Milatary and Veterans Affairs

NJAC 5A:3 NJ Distinguished Service Medal N

236 2/16/2005 Corrections Inmate Groups Proposed Readoption with Amendments: NJAC 10A:12 N 237 2/16/2005 Environmental

Protection Readopt with amendments the Pollution Prevention Program rules NJAC 7:1K Y

238 2/17/2005 Treasury Division of Pensions and Benefits -- Public Employees' Retirement System Proposed Amendments NJAC 17:2-6.3 and 17:2-6.7 and Teachers' Pension and Annuity Fund Proposed Amendments NJAC 17:3-6.3 and 17:3-6.7

N

239 2/22/2005 Banking and Insurance Proposed Amendments to NJAC 11:15-2 Joint Insurance Funds for Local Government Units

N

240 2/22/2005 Human Services Rule Proposal 10:52 Charity Care Distribution Formula N 241 2/22/2005 Community Affairs DIVISION ON WOMEN Proposed New Rule: N.J.A.C. 5:62 Micro Business Credit

Program N

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SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

242 2/22/2005 Community Affairs Division of Codes -- Enforcement responsibilities proposal Uniform Code Proposed Amendment NJAC 54:49:19 PM23-3.4

N

243 2/28/2005 Law and Public Safety Two related proposals from Bd of Dentistry - one proposed readoption with amendments and one to amend fees charged by the Board

N

244 2/28/2005 Board of Public Utilities Regulations of Cable Television Definition of Complaint Adopted Amendment: NJAC 14:18-1.2

E

245 3/2/2005 Health and Senior Services

Importation of Dogs, Reporting of rabies in Animals, Psittacosis Control, Turtle and turtle Egg Sales, and Transportation by Animal Control Officers NJAC 8:23

N

246 3/2/2005 Health and Senior Services

Proposed Readoption with Amendments to the Rules Governing Hospital Reporting and financial Support NJAC 8:31B

N

247 3/2/2005 Human Services Proposed Amendment to Medicaid Regulations to permit an Exception to the Timely Filing Requirements NJAC 10:49

N

248 3/7/2005 Health and Senior Services

Readoption of NJAC 8:59 Worker and Community Right to Know Act E

249 3/7/2005 Health and Senior Services

Standards for Licensure of Long-Term Care Facilities Mandatory Communication Mandatory Staff Education and Training for Communication NJAC 8:39-13.4

N

250 3/7/2005 Health and Senior Services

Standards for Licensure of Long-Term Care Facilities Alzheimer's/Dementia programs Mandatory Data Reporting Requirements NJAC 8:39-45.1 and 45.2

N

251 3/7/2005 Health and Senior Services

Special Child Health and Early Intervention Services Newborn Screening and Genetic Services and Public Health Protectiona nd Emergency Preparedness NJAC 8:19-2 as 8:18-1

N

252 3/7/2005 Education Proposing the repeal of NJAC 6:30, Adult Education Programs and the adoption of a new chapter, NJAC 6A:13 also entitled Adult Educaiton Programs

N

253 3/7/2005 Education Proposing new chapter at NJAC 6A:32, School District Operations N 254 3/7/2005 DEP Proposal of readoption with amendment, NJAC 7:5D State Trails System rules Y 255 3/8/2005 Law and Public Safety Juvenile Justice Commission proposed readoption with amendments of NJAC 13:92

Manual of Standards for Juvenile Dtention Facilities and proposed amendments to NJAC 13:93 MANUAL OF Standards for Juvenile Detention Commitment Programs

N

256 3/8/2005 Community Affairs Residential Housing Management Board Procedural Guide for Occupying and Vacating Employee Housing Units Proposed New Rule NJAC 17:17

N

257 3/8/2005 DEP amendments to the rules at NJAC 7:27-27 control and Prohibition of Mercury Emissions Y

Page 26: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

258 3/8/2005 Community Affairs Rules implementing the code aspects of the Lead Hazard Control Assistance Act amendments to NJAC 5:10 and NJAC 5:17

N

259 3/9/2005 Law and Public Safety Fire Alarm, burglar Alarm and Locksmith Advisory Committee Proposed Amendment NJAC 13:31A-2.7 concerns the qualifications of locksmith employees

N

260 3/9/2005 Law and Public Safety Gaming Enforcement Suspicious Transaction Reporting by Casino Licensees NJAC 13:69-1.6 and 1.7 adopted amendments NJAC 13:69-1.2

E

261 3/9/2005 Law and Public Safety Accountancy Sunset Proposed Readoption with Amendments NJAC 13:29 N 262 3/11/2005 Agriculture Proposed readoption with amendments to NJAC 2:24 Diseases of Bees and proposed

amendment to NJAC 2:2-1.1 N

263 3/14/2005 DEP NJAC 7:25B Regulations Governing the Modification of Endangered and Threatened Species Habitat

W

264 3/14/2005 Law and Public Safety Readoption with amendments of the rules for monetary rewards for citizen information on the improper treatment, storage, transportation or disposal of hazardous and medical waste that leads to imposition of civil or criminal penalties

N

265 3/14/2005 Community Affairs Readopt NJAC 5:37 with minor amendments - rules govern the practices that local government units must follow in establishing deferred compensation programs for their employees and in contracting with outside service providers to administer the program

N

266 3/14/2005 Transportation Proposed amendments to NJAC 16:6 Relocation Assistance N 267 3/14/2005 Community Affairs 5:37 readoption with amendment -- rules concerning Municipal, County and Authority

Employees Deferred Compensation Plans N

268 3/15/2005 Transportation Readoption without amendment for NJAC 16:5 Compensation of Condemnees for Income Loss Relating from the Harvesting of Standing Crops

E

269 3/15/2005 Treasury Readoption with Amendments: NJAC 17:12-Dup of SGO 133 E 270 3/15/2005 Health and Senior

Services NJAC 8:23A Animal Control Officer and Animal Cruelty Investigator Certification; Pilot Spaying and Neutering clinic Fees; and Rabies Inoculation

N

271 3/16/2005 Banking and Insurance Proposed New Rules 11:27-8 Medical Malpractice Liability Insurance Purchasing Alliances

N

272 3/16/2005 Banking and Insurance Proposed Amendments to NJAC 11:2-29.8 Orderly Withdrawal of Insurance Business E 273 3/16/2005 Banking and Insurance Proposed Amendments to NJAC 11:4-23 and Proposed Repeals of Appendix to

Chapters 16 and 23 and New Rule: Appendix to Chapter 23 N

Page 27: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

274 3/17/2005 Corrections Proposed Amendments at NJAC 10A:10-1.1-1.4, 5.4 and 6.7 and New Rules at 10A:10-7

N

275 3/18/2005 Law and Public Safety Division on Civil Rights Advertisement Relating to Real Property Proposed Readoption with Amendments NJAC 13:9 and Division on Civil Rights Housing for Older Persons roposed Readoption with Amendments NJAC 13:15

N

276 3/18/2005 Law and Public Safety NJAC 13:61 Boat Safety Course N 277 3/21/2005 DEP Proposed Amendments to State Park Service code Fees forServices and Facilities

Provided by the State Park Service NJAC 7:2-17 Y

278 2/28/2005 New Jersey Board of Dentistry

Proposed Readoption with Amendments NJAC 13:30, Proposed Repeal NJAC 13:30-1A.3, 1A.4, 2A, and 8.5, Proposed New Rules 13:30-8.6

N

279 3/14/2005 Department of Labor Proposed Readoption with amendments NJAC 12:102 N 280 3/14/2005 Department of Labor Unemployment Benefit Payments with Proposed Amendments NJAC 12:17-1.1, 2.1,

12.7, 17.1 and 20.4 N

281 3/28/2005 Law and Public Safety Housing for Older Persons with Proposed re-adoption with amendments NJAC 13:15. N 282 3/31/2005 Treasury Public Employees' Retirement System with Proposed Amendments NJAC 17:2-6.3 and

17:2-6.7 N

283 3/22/2005 Department of Environmental Protection

Hazardous Waste rules; penalties, grace period provision with Proposed Amendment NJAC 7:26G-2.4 (g), 2.5, 2.6, 2.7, 2.8, 4.2, 7.3 Proposed New Rule 7:26G-2.1

Y

284 4/11/2005 Department of Labor Public Works Contractor Registration with Proposed re-adoption with Amendments: NJAC 12:62.

N

285 4/11/2005 Department of Health Cancer Registry with Proposed Re-adoption with Amendments NJAC 8:57A. N 286 4/5/2005 Department of

Environmental Protection

Dam Safety Standards with Proposed Re-adoption with Amendments NJAC 7:20. N

287 4/14/2005 Dept. of Banking and Insurance

Predatory Lending with Proposed New Rules NJAC 3:5. N

288 3/30/2005 Department of Transportation

Newspaper Boxes on State Highway Right-of-Way with Proposed Amendments NJAC 16:41B.

N

289 4/4/2005 Department of Human Services

Proposed New Rules: Manual of Standards or Children's Shelter Facilities and Homes, NJAC 10:124; Manual of Requirements for Residental Child Care Facilities, NJAC

N

Page 28: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

10:127; Manual Requirements for Children's Group Homes. 290 4/22/2005 Department of Health Health Care Quality Act with Proposed Re-adoption with Amendments NJAC 8:38A.

Proposed New Rules NJAC 8:38A-4.5A, 4.1A, 4.15A-H and 4.18. N

291 4/27/2005 Department of Agriculture

Division of Marketing and Development with Proposed re-adoption with Amendment NJAC 2:48. Proposed re-adoption with Amendment NJAC 2:52.

E

292 4/28/2005 Department of Labor Safe Dispensing of Retail Gasoline with Proposed re-adoption with Amendments: NJAC 12:196.

N

293 5/5/2005 Department of Health Sanitation in Retail Food Establishments and Food and Beverage Vending Machines with Proposed repeal and New Rules NJAC 8:24.

N

294 5/10/2005 Department of Agriculture

State Soil Conservation Committee with Proposed re-adoption with Amendments NJAC 2:90-1.1 to 4.4. Proposed New Rules NJAC 2:90-1.5, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.14, 1.16.

N

295 5/12/2005 Department of Education

Administrative Cost Limits, Transfers and Budget Development with Re-adoption of a Chapter NJAC 6A:23A

Y

296 3/24/2005 Department of Law and Public Safety

Continuing Education with Proposed New Rule NJAC 13:37-5.3 Proposed Amendment NJAC 13:37-5.4.

N

297 4/4/2005 Department of Environmental Protection

Toxic Catastrophe Prevention Act with Proposed Amendment NJAC 7:30-1.5, 7:31-11.4. Proposed New Rule 7:31-11.5.

Y

298 3/23/2005 Department of Environmental Protection

Payment Schedule for Permit Application Fees with NJAC 7:1L. N

299 4/13/2005 Department of Law and Public Safety

Board of Nursing with Proposed Amendments NJAC 13:37-2.3 and 13:37-5.5. N

300 4/11/2005 Department of Transportation

Fixed Guidweay Systems State Safety Oversight with Proposed re-adoption with Amendments NJAC 16:53E.

N

301 4/8/2005 Department of Human Services

Division of Youth and Family Services with Proposed repeal NJAC 10:121-1.1, 2.5, 3.1, 4.1. Proposed re-adoption with amendments NJAC 10:121-2.1, 2.2, 2.3, 2.4. Proposed readoption with amendments and repeal NJAC 10:121.

N

302 4/12/2005 Department of Human Services

Division of Developmental Disabilities with Proposed re-adoption with Amendments NJAC 10:46.

N

Page 29: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

303 4/25/2005 Department of Law and Public Safety

State Board Medical Examiners Fees with Proposed Amendments NJAC 13:35-6.13. N

304 4/14/2005 Department of Human Services

CBVI's Organizational Rule with Proposed re-adoption with Amendments NJAC 10:91. N

305 5/3/2005 Department of Banking and Insurance

Credit Union Parity with Proposed Amendments to NJAC 3:21-2.1. N

306 5/5/2005 Department of Treasury

Retiree Prescription Drug Plan with Proposed Amendments NJAC 17:3-6.10. N

307 3/22/2005 Department of Health Birth Defects Registry with Readoption with Amendments: NJAC 8:20. E 308 4/1/2005 Department of

Community Affairs Electrical and Fire Protection Subcode with Proposed Amendment: NJAC 5:23-3.4. N

309 4/8/2005 Department of Labor Definitions used by Employment Security Agency and Special Employment Relationship with Proposed Readoption with Amendments: NJAC 12:19.

N

310 4/13/2005 Department of Health Long Term Acute Care Hospitals with Proposed Amendments: NJAC 8:33F-2.2 and 2.3. N 311 4/18/2005 Department of

Community Affairs Reduction of Requirements for Record Retention by Contruction Code Enforcing Agencies with Proposed New Rule: NJAC 5:23-2.16A and Proposed Repeal: NJAC 5:23-9.5.

E

312 4/19/2005 Department of Human Services

Child Protection Investigations with Proposed Readoption with Amendments, NJAC: 10:129

N

313 4/19/2005 Department of Health Rules Governing Hospital Reporting and Financial Support with Proposed Readoption with Amendments: NJAC 8:31B.

N

314 4/21/2005 Department of Community Affairs

Standard Certification of Fire Protection Equipment Installers and Maintainers with Proposed Amendments: NJAC 5:74-1.4, 2.1, 2.2, and 2.10.

N

315 4/21/2005 Department of Community Affairs

Contractor Certification and Alarm Contractor Licensure with Proposed Amendments: NJAC 5:23-2.15.

N

316 4/26/2005 Department of Community Affairs

Building Subcode and One and Two Family Dwelling Subcode with Proposed Amendments: NJAC 5:23-3.14 and 3.21.

N

317 4/29/2005 Department of Agriculture

Biological Products and Diagnostic or Therapeutic Purposes with Proposed readoption: NJAC 2:6.

E

318 3/23/2005 Board of Public Utilities Proposed Amendments: NJAC 14:3-8, NJAC 5-2.2, NJAC 6-3.1, NJAC 9-2.1 an NJAC 14.8.

E

Page 30: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

319 4/8/2005 Department of Environmental Protection

SWQS Readoption: NJAC 7:9B. W

320 4/29/2005 Department of Community Affairs

Code Change Proposals with Proposed Amendments: NJAC 5:23-3.13. N

321 4/29/2005 Department of Human Services

Comprehensive Child Abuse Prevention and Treatment Act with Proposed New Rules: NJAC 10:16A.

N

322 4/29/2005 Department of Environmental Protection

Coastal Zone Management Rule with Proposed Amendment: NJAC 7.7E. Y

323 5/4/2005 Department of Human Services

Advance Practice Nurse Services with Proposed Readoption with only Technical Amendments: NJAC 10:58A.

N

324 5/5/2005 Department of Treasury

Transfer of Inheritance Tax with Proposed Amendments: NJAC 18:26-8.8, 3A.7 N

325 5/9/2005 Department of Law and Public Safety

Legalized Games-Raffles and Bingos with Proposed Amendments: NJAC 13:47-1.1, 2.3, 6.20 and 8.7.

N

326 5/9/2005 Department of Law and Public Safety

Juvenile Justice Commission with Proposed New Rules: NJAC 13:101. N

327 5/10/2005 Department of Treasury

International Government and Agency Obligations with Proposed Amendments: NJAC 17:16-20.1 and 20.2.

N

328 5/10/2005 Department of Corrections

Definitions with Proposed Amendments: NJAC 10A:1-2.2, 2-1.3, 3-1.3, 4-1.3, 5-1.3, 9-1.3, 16-1.3, 18-1.3, 18-6.3, 20-1.3 and 22-1.3.

N

329 5/12/2005 Department of Labor Unemployment Compensation and Temporary Disability Benefits General Provisions; Disclosure of Information with Proposed Readoption with Amendments: NJAC 12:15.

N

330 5/12/2005 Department of Banking and Insurance

Health Benefits Plans-Electronic Receipt and Transmission of Health Insurance Claims and Actuarial Services with Proposed Amendments: NJAC 11:22-3, Appendix 1A and 1B and NJAC 11:4-16.7.

N

331 5/12/2005 Department of Banking and Insurance

Insurance Group with Proposed Readoption with Amendments: NJAC 11:2, Proposed Amendments: NJAC 11:1-28.3, and Proposed Repeal: NJAC 11:2-38.

N

332 5/13/2005 Department of Banking and Insurance

Structured Settlements and Furnishing of Bonds with Proposed New Rules: NJAC 11:27-9.

N

Page 31: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

333 5/13/2005 Department of Corrections

Full Minimum Custody Consideration with Proposed Amendments: NJAC 10A:9-3.3, 3.12, 4.3, 4.5 through 4.8 and 10A:20-4.4.

N

334 5/17/2005 Department of Law and Public Safety

Regulations Pertaining to Discrimination on the Basis of Disability with Proposed Readoption with Amendments: NJAC 13:13.

N

335 5/13/2005 Department of Agriculture

Grades and Standards with Proposed Amendments: NJAC 2:71-2.1, 2.3, 2.4, 2.6. Proposed New Rule: NJAC 2:71-2.18.

Y

336 5/19/2005 Department of Environmental Protection

Low Emission Vehicle Program with Proposed New Rules: NJAC 7:27-29. Y

337 5/19/2005 Department of Human Services

Managed Health Care and Family Care Beneficiaries with Proposed Rule: NJAC 10:74 and Proposed Repeal: NJAC 10:74-15.

N

338 5/18/2005 Department of Law and Public Safety

Audiology and Speech Language Pathology with Proposed Amendments: NJAC 13:44C-2.2

N

339 5/19/2005 Department of Environmental Protection

Environmental Infrastructure Financing Program with Proposed Readoption Amendment: NJAC 7:22.

Y

340 5/20/2005 Department of Environmental Protection

Ninety Day Construction Permit Rules with Readoption with Amendments: NJAC 7:1C Y

341 4/26/2005 Department of Community Affairs

Building Subcode and One and Two Family Dwelling Subcode with Proposed Amendments: NJAC 5:23-3.14, 3.21, and 4.26

N

342 5/23/2005 Department of Agriculture

Quarantines and Embargoes on Animals, Proposed Readoption with Amendments: NJAC 2:5.

N

343 5/24/2005 Department of Human Services

Manual Requirements for Resource Family Parents with Proposed Repeal and New Laws: NJAC 10:122C

N

344 5/26/2005 Department of Treasury

Common and Preferred Stocks and Issues with Proposed Amendments: NJAC 17:16-44.1

N

345 5/10/2005 Department of Treasury

Deferred Compensation Plan with Proposed Amendments: NJAC 17:16-65.1, 65.2, 65.4, through 65.7 65.9 through 65.13

N

346 5/27/2005 Department of Community Affairs

Liquefied Petroleum Gas Regulations with Proposed Amendments: NJAC 5:18-1.6, 3.1, 3.3, 3.4, 3.6, 5.1, 5.3, Appendix A

N

Page 32: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

347 5/27/2005 Department of Labor Food Stamp Employment and Training Program with Proposed Readoption with Amendments: NJAC 12:35

N

348 5/27/2005 Department of Community Affairs

UCC with Proposed Ammendments: NJAC 5:23-2.28, 3.4, 3.11, 3.14, 4.5, 4.18, 4.20, and 8.11

N

349 5/27/2005 Department of Health Birth Certificates with Adopted New Rules: NJAC 8:2-1.3, 2.1 and 2.2 N 350 6/1/2005 Department of Health Food and Drugs with Proposed Re-adoption with Amendments: NJAC 8:21 N 351 6/2/2005 Department of

Agriculture Commercial Fertilizer and Soil Conditioners with Proposed Amendments: NJAC 2:69-1.1 N

352 6/2/2005 Department of Corrections

Special Administrative Segregation Review Committee; Compliance with all Rules and Placements; Security Threat Group Management Unit(s) with Proposed Amendments: NJAC 10A:5-3.2, 6.3, 6.16, and 6.31.

N

353 6/2/2005 Department of Environmental Protection

Solid Waste with Proposed Amendments: NJAC 7:26-1.4, 5.4, 5.5, 5.6, 5.7, 5.8, and NJAC 7:26H-1.4, 5.18, 5.20, 5.21, 5.22 and Proposed New Rules: NJAC 7:26-5.10 and NJAC 7:26H-5.24

Y

354 6/2/2005 Department of Law and Public Safety

Drunk Driving Enforcement Fund with Proposed Re-adoption with Amendments: NJAC 13:86

N

355 4/20/2005 Department of Environmental Protection

Green Acres with Proposed repeal and New Rule NJAC 7:36. Y

356 6/6/2005 Department of Community Affairs

Transfer of Development Rights Real Estate Market Analysis Rules with Proposed New Rules: NJAC 5:86.

Y

357 6/6/2005 Department of Law and Public Safety

Professonial Planners Rule with Proposed Re-adoption with Amendments: NJAC 13:41. N

358 6/7/2005 Department of Banking and Insurance

Check Cashing with Proposed Amendments: NJAC 3:24 N

359 6/8/2005 Department of Law and Public Safety

Automotive Sales Practices with Proposed New Rule: NJAC 13:45A-26B.3 and 26B.4 and Proposed Amendments: NJAC 13:45A-26B.1 and 26B.2

N

360 6/9/2005 Department of Corrections

Adult County Correctional Facilities with Proposed Readoption with Amendments: NJAC 10A:31.

N

361 6/9/2005 Department of Agriculture

Agriculture Development in the Highlands with Proposed New Rule: NJAC 2:92. E

Page 33: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

SGO-ID

Date Received

Department Submitting Proposed Rule Title Consistent?

362 6/10/2005 Department of Community Affairs

Homeless Prevention Program with Proposed Amendments: NJAC 5:41-1.1, 1.2, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6 and 3.1.

Y

363 6/13/2005 Department of Banking and Insurance

New Jersey Individual Health Coverage Program-Relief from Obligations Imposed by Individual Health Insurance Reform act with Proposed Re-adoption with Amendments: NJAC 11:20-11.

N

364 6/14/2005 Department of Human Services

Life Threatening Emergencies (Danielle's Law) with Proposed Rule Adoption: NJAC 10:45A

E

365 6/14/2005 Department of Military and Veterans Affairs

Operations, Personnel, Admission, Discharge and General Policies with Adopted New Rules: NJAC 5A:8

N

366 6/13/2005 Office of Information Technology

911 Emergency Telecommunication System with Proposed Readoption: NJAC 17:24 E

367 6/16/2005 Department of Human Services

Revised Billing Procedures for Durable Medical Equipment with Proposed Amendments: NJAC 10:59-1.7 and 2.2

N

368 6/16/2005 Department of Health and Senior Services

Alzheimer's/Dementia Programs with Proposed Amendment: NJAC 8:39-45. N

369 6/16/2005 Department of Banking and Insurance

Increase in Capital and Surplus Requirements for Insurers and Health Maintenance Organizations with Proposed Amendments: NJAC 11:2-39.1, 39.3, 39.7, 39.8 and Proposed Repeal: NJAC 11:2-39.15.

N

Page 34: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

Rules Deemed Consistent with State Plan Smart Growth Ombudsman 2004-2005

Department NJAC Subject

Environmental Protection Proposed Amendments: NJAC 7:19-3.1, 3.5, 3.6, 3.7, and 3.8. Water Supply Allocation Permits

Proposed Readoption & Recodification w/ Amendments: NJAC 7:9-6 and 7:9C. Ground Water Supply Proposed Amendments: NJAC 7:27-8.1, 8.2; 7:27-16.1, 16.8, 16.9, 16.10, 16.16; 7:27-19; 7:27-22.1; Control & Prohibition of Pollution 7:27A-3.10 & Proposed New Rule: NJAC 7:27-19.11. Proposed Amendments: NJAC 7:13-7.1. Flood Hazard Areas Proposed Amendments: NJAC 7:26-2B.1, 3.3, 3.5 and 4.1. Waste Management Proposed Readoption with Amendments: NJAC 7:22A. Water Quality Proposed Readoption with Amendments: NJAC 7:27A. Compliance & Enforcement Proposed Amendments: NJAC 7:27-26.1, 26.2, 26.3, 26.4, 26.5, 26.6, & 26.7. Proposed New NLEV-Air Quality New Rules: NJAC 7:27-28.1, 28.2, 28.5, 28.6, 28.7, 28.9, and 28.10. Proposed Recodification: NJAC 7:27-26.11 and 26.16; NJAC 26.10, respectively. Propsed Recodification with Amendments: NJAC 7:27-26.8, 26.9, 26.10 & 26.15 as NJAC 7:27- 28.3, 28.4, 28.8, 28.9, respectively. Proposed Repeals: NJAC 7:27-26.12 through 7:27-26.14. Proposed Amendments: NJAC 7:25-14.4, 14.20, 18.1, 18.5, 18.11, 18.12, 18.15, 22.1, and 22.2. Fish and Wildlife Proposed Amendments: NJAC 7:12. Shellfish Growing Waters Proposed Amendments: NJAC 7:14A. Proposed Amendments and New Rule: 7:26E. Pollutants/Requirement for Site Remediation Proposed Readoption with Amendments: NJAC 7:24A. Dam Restoration & Inland Waters Projects Loan Program Proposed Readoption with Amendments: NJAC 7:1K. Pollution Prevention Program Proposed Readoption with Amendment: NJAC 7:5D. State Trails System Proposed Amendments: NJAC 7:27-27. Control & Prohibition of Mercury Proposed Amendments: NJAC 7:2-17. State Park Services Proposed Amendments: NJAC 7:26G-2.4 (g), 2.5, 2.6, 2.7, 2.8, 4.2, 7.3. Proposed New Rule: Hazardous Waste Rules 7:26G-2.1. Proposed Amendments: NJAC 7:30-1.5, 7:31-11.4. Proposed New Rule: NJAC 7:31-11.5 Toxic Catastrophe Prevention Act Proposed Amendment: NJAC 7.7E. Coastal Zone Management Rule Proposed Readoption with Amendments: NJAC 7:1C. 90 Day Construction Permit Rule Proposed Repeal and New Rule: NJAC 7:36. Green Acres Proposed Readoption with Amendments: NJAC 7:22. Infrastruture Financing Proposed New Rules: NJAC 7:27-29. LEV Program Proposed Amendments: NJAC 7:26-1.4, 5.4, 5.5, 5.6, 5.7, 5.8 and 7:26H-1.4, 5.18, 5.20, 5.21, Solid Waste and 5.22. Proposed New Rules: NJAC 7:26-5.10, and 7:26H-5.24. Proposed Amendments: NJAC 7:9B-1.15. Water Monitoring Management Proposed Amendments: NJAC 7:26-2.4, 2.12, 2.13, 3.6, 3A.6, 3A.16, 3A.21, 3A.26, 3A.28, 3A.47, 3A.48, 4.8, 17.1, 7:26A-1.4 Waste Management

3A.48, 4.8, 17.1, 7:26A-1.4

Page 35: Smart Growth Ombudsman - njleg.state.nj.us · Department published a rule pre-proposal in the New Jersey Register on December 20, 2004. Appendix II, includes a copy of Executive Order

Proposed Amendments: NJAC 7:27-8.1, 7:27-17.1, 7:27-19.1, 27-22.1 Air Pollution Agriculture Proposed Amendments: NJAC 2:90-1.9, 1.11-1.15. Proposed New Rule: NJAC 2:90-1.10. State Soil Convservation Proposed Amendments: NJAC 2:71-2.1, 2.3, 2.4, 2.6. Proposed New Rule: NJAC 2:71-2.18. Grades and Standards Transportation Proposed Amendments: NJAC 16:43. Junkyards Ajacent to Highways Proposed Amendments: NJAC 16:47, Appendix B. State Highway Access Proposed Readoption with Amendments: NJAC 16:62. Air Safety and Zoning Proposed Readoption of 16:32 without Amendments and Proposed Repeal and New Rules: NJAC Truck Access 16:32, Appendix A, B, and C. Proposed Readoption with Amendments: NJAC 16:49. Hazardous Materials Education Proposed Amendment: NJAC 6A-26. Educational Facilities Readoption of a Chapter: NJAC 6A-23A. Administrative Costs Proposed Amendments: NJAC 6A:4. Proposed Repeal: NJAC 6A:5. State Board of Education Community Affairs Proposed Amendments: NJAC 5.21-1.4, 1.5, 4.2, Table 4.2, Table 4.3 and Table 4.9, 5.3, 7.1, 7.2, Codes and Standards 7., 7.4, 7.5, 7.6, and 8.1, Figure 7.2, Table 7.3. Proposed New Rules: NJAC 5:21-7.7 7.8, and 7.9, Table 7.3, and Appendix B. Proposed Readoption with Amendments: NJAC 8:59. Worker and Community Rights Proposed Amendments: NJAC 5:23-6.5, 6.6, 6.7, 6.8, 6.9, 6.27 and 6.31. Uniform Construction Code Proposed New Rules: NJAC 5:36-1. Proposed Recodification with Amendments: NJAC 5:38 as Districts & Financing Plans 5:36-3 and 5:39 as 5:36-4. Proposed Amendments: NJAC 5:23-2.23. Certificate Requirements Proposed Amendments: NJAC 5:41-1.1, 1.2, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, and 3.1 Homeless Preventon Proposed Readoption: NJAC 5:102. Historic Preservation

Worker and Community Rights

Renewable Engergy Portfolio

Real Estate Market Analysis

State Rental Assistance

Multi Family Housing

Multiple Dwelling

Financing Plans

Retaining Walls

Assisted Living

Proposed New Rules: NJAC 5:36-1. Proposed Recodification with Amendments: NJAC 5:38 as Proposed Amendments: NJAC 5:43-1.4 and Proposed New Rules: NJAC 5:43-5.

Board of Public Utilities Adoption of Amendments: NJAC 14:4-8.3, 8.8, and 8.9.

Proposed New Rule: NJAC 7:36.

Proposed Amendments: NJAC 5:23-2.14. Proposed New Rule: NJAC 5:42. Proposed Amendments: NJAC 5:10-28.1

Health & Senior Services Proposed New Rule: NJAC 8:36. Proposed Readoption with Amendments: NJAC 8:59.