You're viewing an archived copy from the New Jersey State Library. 1, .' :--'. I • I , ~_,' ;:;~...,. ~, ~~. H .: ··t:~ .:C -« u -t' :G... J,;" <Ii:'''' ... ~ L ) !'~ :...~t ", ..r..:." ~--- "'-: ,LI ~ ~ 1 { J 1"'"'- -. I ....:< 1HJ~ JOCRNAL OF STATE AGENCY RULEMAKING ,. ~ ~" 7 VOLUME 26 NUMBER 23 December 5, 1994 Indexed 26 N.J.R. 4721-4856 (Includes adopted rules filed through November 9, 1994) MOST RECENT UPDATE TO NEW JERSEY ADMINISTRATIVE CODE: SEPTEMBER 19, 1994 See the Register Index for Subsequent Rulemaking Activity. NEXT UPDATE: SUPPLEMENT OCTOBER 17, 1994 RULEMAKING IN THIS ISSUE EXECUTIVE ORDER TRANSPORTATION Speed limit zones along Route 47 in Dennis Township, OFFICE OF THE GOVERNOR Cape May 4745(a) Executive Order No. 27(1994): Requirement in State Left turns along U.S. 9 in Middle Township, agency rulernaking for statement concerning Federal Cape May 4746(a) standards 4723(a) TREASURY-GENERAL Public Employees' Retirement System 4747(a) RULE PROPOSALS Division of Building and Construction: classification and qualification of bidders 4747(b) Interested persons comment deadline 4722 EXECUTIVE COMMISSION ON ETHICAL STANDARDS Standards for State officials and employees regarding COMMUNITY AFFAIRS attendance at events, acceptance of honoraria, and Local government finance: renewal of registration of acceptance of compensation for published works 4757(a) Cooperative Purchasing System 4724(a) ENVIRONMENTAL PROTECfION RULE ADOPTIONS Affirmative defenses to liability for air pollution violations: public workshop and request for COMMUNITY AFFAIRS comment 4725(a) Uniform Construction Code: administrative correction HUMAN SERVICES regarding asbestos safety control monitor 4760(a) Home Energy Assistance Handbook 4726(a) ENVIRONMENTAL PROTECfION INSURANCE Control and prohibition of air pollution by volatile Funeral insurance policies 4727(a) organic compounds: administrative corrections 4793(a) Small Employer Health Benefits Program: Pinelands Comprehensive Management Plan 4795(a) optional benefit riders 4729(a) HIGHER EDUCATION LABOR Educational Opportunity Fund Program 4760(b) Services excluded from coverage by the Unemployment HUMAN SERVICES Compensation Law................................................................ 4730(a) Medicaid reimbursement for infertility-related services .... 4762(a) LAW AND PUBLIC SAFETY Assistance Standards Handbook: administrative correction Board of Nursing rules 4731(a) regarding guardians of adolescent parents 4765(a) Board of Psychological Examiners: unlicensed General Assistance Manual..................................................... 4765(b) practitioners 4738(a) CORRECfIONS Thoroughbred racing rules 4742(a) State Parole Board: administrative correction regarding Harness racing rules 4744(a) board panel action 4771(a) (Continued on next page) You're viewing an archived copy from the New Jersey State Library. STATE AGENCY RULEMAKING INTERESTED PERSONS Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until January 4, 1995. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal. On occasion, a proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register. At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at NJ.A.C. 1:30-4.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code. RULEMAKING IN THIS ISSUE-Continued INSURANCE Pinelands Comprehensive Management Plan: agency Unsatisfied Claim and Judgment Fund: uninsured response to rulemaking petition regarding certain motorists case assignment procedures 4772(a) sites in Middle Township, Cape May 4834(c) Automobile insurance: provision of coverage to all Ocean County Water Quality Management Plan: eligible persons 4777(a) Jackson Township WMP 4834(d) LABOR Tri-County Water Quality Management Plan: Evesham Division of Workplace Standards: boilers, pressure MUA WMP 4835(a) vessels, refrigeration 4828(a) INSURANCE LAW AND PUBLIC SAFETY List of accredited reinsurers 4836(a) Board of Examiners of Electrical Contractors: fee LAW AND PUBLIC SAFETY schedule; requirement of ID card defined 4780(a) Grant availability to Local Emergency Planning Board of Medical Examiners: fitting and dispensing of Committees for projects implementing USDOT deep ear canal hearing aid devices 4780(b) Hazardous Transportation Uniform Safety Act 4836(b) State Police: criminal history background checks for TREASURY-TAXATION non-criminal justice purposes 4782(a) Sanitary landfill taxes: 1995 rates 4837(a) PUBLIC UTILITIES Demand Side Management Resource Plan: administrative EXECUTIVE ORDER NO. 66(1978) correction regarding public notice and hearing 4786(a) EXPIRATION DATES 4838(a) TRANSPORTATION Speed limits along Route 29 in Mercer and Hunterdon INDEX OF RULE PROPOSALS counties 4786(b) AND ADOPTIONS 4844 Speed limits along Route 179 in Lambertville 4787(a) Bus stop on U.S. 206 in Princeton Township 4787(b) Left turn prohibitions along Route 47 in Vineland 4787(c) Filing Deadlines CASINO CONTROL COMMISSION January 3, 1995 issue: General provisions; accounting and internal controls; Adoptions December 9 gaming equipment; rules of the games; administrative January 17 issue: corrections 4788(a) Proposals December 15 Key Standard Qualifier Renewal Form 4789(a) Adoptions December 22 Double Down Stud 4790(a) February 6 issue: Proposals January 6 PUBLIC NOTICES Adoptions January 13 February 21 issue: Proposals January 20 ENVIRONMENTAL PROTECTION Adoptions January 27 Implementation of Solid Waste Collection Regulatory Reform Act: opportunity for comment on Preliminary Report to Governor and Legislature 4834(a) Low-Level Radioactive Waste Disposal Facility Siting Board: public meeting on Annual Budget, FY 1996 .... 4834(b) The official publication containing notices of proposed rules and rules adopted by State agencies pursuant to the New Jersey Constitution, Art. V, Sec. IV, Para. 6 and the Administrative NEW JERSEY REGISTER Procedure Act, N.J.S.A. 52:14B-l et seq. Issued monthly since September 1969, and twice­ monthly since November 1981. The New Jersey Register (ISSN 0300-6069) is published the first and third Mondays (Tuesday, if Monday is a holiday) of each month by OAL Publications of the Office of Administrative Law, CN 301. Trenton, New Jersey 08625. Telephone: (609) 588-6606. Subscriptions, payable in advance, are one year, $125 ($215 by First Class Mail); back issues when available, $15 each. Make checks payable to OAL Publications. POSTMASTER: Send address changes to New Jersey Register, CN 301, Trenton, New Jersey 08625. Second Class Postage paid in South Plainfield, New Jersey. Copyright 1994 New Jersey Office of Administrative Law (CITE 26 NJ.R. 4722) NEW JERSEY REGISTER, MONDAY, DECEMBER 5, 1994 You're viewing an archived copy from the New Jersey State Library. EXECUTIVE ORDER GOVERNOR'S OFFICE EXECUTIVE ORDER NOW, THEREFORE, I, CHRISTINE TODD WHITMAN, Governor (a) of the State of New Jersey, by virtue of the authority vested in me by OFFICE OF THE GOVERNOR the Constitution and by the Statutes of this State, do hereby ORDER and DIRECf: Governor Christine Todd Whitman 1. On or after the effective date of this Order, each administrative Executive Order No. 27(1994) agency that adopts, readopts or amends any rule or regulation described Requirement for Statement Concerning Federal in section 2 of this Order shall, in addition to all requirements imposed by existing law and regulation, include as part of the initial publication Standards In State Agency Rulemaklng and' all subsequent publications of such rule or regulation, a statement Issued: November 2, 1994. as to whether the rule or regulation in question contains any standards Effective: January 1, 1995. or requirements which exceed the standards or requirements imposed Expiration: Indefinite. by federal law. Such statement shall include a discussion of the policy reasons and a cost-benefit analysis that supports the agency's decision WHEREAS, the federal government frequently regulates areas that to impose the standards or requirements and also supports the fact that are also subject to State regulation; and the State standard or requirement to be imposed is achievable under WHEREAS, differing State and federal policygoals and unique State current technology,notwithstanding the federal government's determina­ prerogatives frequently result in different levels of regulation, different tion that lesser standards or requirements are appropriate. standards and different requirements being imposed by federal and State 2. This Order shall apply to any rule or regulation that is adopted, programs covering the same subject matter; and readopted or amended under the authority of or in order to implement, WHEREAS, New Jersey must simultaneously move toward reducing complywith or participate in any program established under federal law redundant and unnecessary regulation that dulls the State's competitive or under a State statute