The Interim Rules Committee met on Tuesday to review rules changes proposed by the Electrical Commission and GF&P. We continue with our online meetings.
The Electrical Commission proposed to amend rules to:
• adopt the 2020 National Electrical Code;
• update the reference to the 2018 International Building Code;
• define terms;
• document the ability to utilize an owner exemption permit;
• document the ability to waive certain requirements;
• document the available options an inspector may utilize at the final state of inspection;
• increase the fees for certain inspections;
• and establish the allotted amount of inspections per permit type.
At the public hearing on April 21, 2020, the South Dakota Home Builders Association had proposed recommendations/ amendments to the adoption of the National Electrical Code published by the National Fire Protection Association. Their amendments were addressing modifications to the code that have application to electrical functions based on building types particular to this state.
At the hearing, the commission voted not to include their recommendations in the rule changes. During the interim time frame between the hearing and the Legislative Interim rules Committee, the groups agreed to revisit the issue and so it was requested to move to revert this section of rule back to a prior step. This basically means the process on this section of rule is not approved and goes back to the Commission for reanalysis. In addition, the commission was requesting a waiver to allow them to modify rules regarding continuing education requirements for electricians.
The Commission had the option to put an emergency rule in place and/or with the law that was passed on veto day the governor by executive order could allow this rule change during the state of emergency. The statute does not specifically state the commission has the rule-making authority to make the rule change as they were requesting.
Discussion ensured between the Commission attorney and committee members regarding the waiver request, which is not allowed by statute. The debate was it was not stated in statute so therefore not prohibited. There were examples of waivers allowed in the past for other departments therefore this one should also be approved.
It is the sense of this Legislature that department/commission rule-making authority needs to come from statute. Therefore, statute needs to be amended to include waiver authority for the Electrical Commission on continuing education.
The commission has the two options to address immediately and chose a different route. In the end, a motion was made to also revert this rule to a prior step. Both the motions were passed. The remaining changes proposed were approved for the process.
GF&P proposed changes in certain elk license numbers, modified unit structure, numbers of elk licenses, added new units for elk hunting, modified prairie elk units and eliminated Unit 30 instead including it in the West River prairie unit. There was only proponent testimony. Questions raised were rationale for elk license number changes and unit additions and changes. With no opponents, the commission voted that the process was complete.
The next Interim Rules Meeting is June 9 at 10 a.m. The agenda will be posted on the Legislative Research Council website the first part of June. If you have questions/concerns, please contact Jean.Hunhoff@sdlegislature.gov or call 660-5619.