The Interim Rules Committee met on Aug. 12 with five of six committee members in attendance.

• The Department of Agriculture brought forth rules to add Palmer Amaranth as a prohibited noxious weed seed; clarify that no presence of noxious weed seed is allowable in seed; move quack grass from the noxious weed seed list to the restricted noxious weed seed list; lower the maximum presence of restricted noxious weed seeds, and update references, scientific names and testing processes.

 Discussion among the committee members was the slowness of the industry to respond to the changes with weed control as compared to the surrounding states and their proactive status. With regards to the Palmer Amaranth prohibition this resulted from the seed produced in Nebraska and brought into the state originally with farming equipment. One rule changed the content of certain weed seed not to contain more than one percent by weight of weed seed as compared to the previous two percent. Seed of certain grasses or mixtures of these grasses may not contact more than three percent by weight of the weed seeds as compared to 5 percent.

The committee concurred the process was complete, and the rules were approved.

• GF&P proposed to amend rules to:

— move the start date for hunting on Sand Lake National Wildlife refuge in Brown County to an earlier date;

— decrease the overall number of West Rive one-tag licenses and increase the total number of two-tag licenses;

— decrease the total amount of East River one-tag antelope licenses;

— add Todd County to Unit PRA-35A;

— remove Hyde County from Unit PRA-35A; create Unit PRA-38A to include Buffalo, Hand and Hyde counties;

— align the open units of the archery antelope hunting season;

— and exclude centerfire rifles and muzzleloaders on the Oacoma Game Production Area and other immediate adjacent public land in Lyman County.  

The commission had been petitioned for use of centerfire rifles and muzzleloaders in the specific parts of Lyman County. The GF&P Commission did not adopt those rules because there are different owners of the property as the state, private and federal government. They concluded it is too difficult to enforce the rules with more than one property owner.  It is noted that the licenses numbers in Todd and Mellette Counties are only on lands under the control of the state and not the tribal lands.  

There was discussion about the decrease of antelope one tag license and an increase in two-tag licenses. The department said this was actually an improvement in the quality of the hunt for the drawing winners in that there would be fewer hunters in a smaller area. There was no opposition for the rule changes at the hearing and the process was approved by the committee.

The department did adopt the emergency rule to allow for the designation of Lake Sharpe and Lake Francis Case as containment waters thus requiring boaters to follow decontamination rules for zebra muscles already in rules. The approach continues to be to slow the spread of mussels and not to eliminate. There is no remedy to rid the waters of zebra mussels.

• The Department of Transportation proposed amended rules to increase the speed limit on certain highways in Pennington and Custer counties. The question was raised as what determines the need to increase the speed limits? The response is that the department conducts speed studies on roads and determines what the speed is at the 85th percentile of the speed data collected. Science tells us that drivers tend to drive in ways influenced by the environment rather than respond to changing behavior with increases or decreases. So, the goal is to have the speed zone reflect the driven speed over a segment of highway.

There was no opposition, so the process was complete for the committee.

• During the 2019 session, the Legislature passed a fee increase on brand program fees, set a brand application fee; and set the fee for brand inspections requested outside the brand inspection area, not to exceed $1 per head. The producers which are subject to branding fees had requested this increase. They are continuing to operate in the deficit and needing to balance revenue with expenses. Though not a requirement in East River for branding loss of cattle through theft and checking cattle for brands, it continues to be a problem West River and they have increased the investigations and law enforcement function within the board activities to maintain an effective branding program.

This was the first time in my years on rules that we did not have any opposition to this fee increase. I thanked the executive director of the Brand Board for working collaboratively with all parties to reach a fee schedule that all could live with. The process was complete, and rules approved.

• The State Plumbing Commission proposed amended rules to update codified law references, processes for declaratory rulings and renewing expired licenses and the Uniform Plumbing Code. The Committee routinely questions updates and implications to those professions for compliance. There was no opposition to the rules and the process was complete.

• The most discussion of the day came from the Board of Minerals and Environment (DENR) proposal to amend rules to:

— increase regulatory flexibility and clarity of rules applicable to hazardous waste generators;

— establish a methodology for the use of electronic manifests;

— establish procedures for managing and disposing of defective airbag inflators;

— provide healthcare facilities and pharmacies with management and disposal options for hazardous waste pharmaceuticals, revise requirements involving imports and exports of hazardous wastes;

— and incorporate corrections made in federal regulations.

The presentation was confusing in the sense of comprehending what exactly the intent of the rule changes was. The departmental process includes submitting the changes to the EPA. These are state rules for our program. The EPA had responded with 14 pages of questions regarding our compliance with some of the federal rules in this spectrum.

The discussion among the committee was the impact of the EPA comments on what was being proposed. In addition, the EPA was focusing on other rules that were not part of this rule package. It was confusing for all members.

Two trains of thought evolved. One was what could be the outcome on those areas that were being questioned by EPA with implementation of these rules. Second, the department vets the regulations in relation to what is right for the state within the EPA standards. The conclusion of this rules content in this package was for disposal of hazardous materials and managing and disposing of defective airbag inflators.  

The comments by the EPA in response to South Dakota alignment with the other regs were still in the vetting stage. The department indicated that this was a normal process and further review on the comments from the EPA would be done as further rule changes would be proposed.  

A debate ensued with a concluded vote of 3-2 to deem the process complete. The department will be coming back and will need to articulate to the committee a better understanding of proposed rules as they continue to update in this area.

• The final rules dealt with the certification program (Department of Labor and Regulation) to propose to amend rules to: require applicants for an initial appraiser credential, a renewing credentialed appraiser, a supervisory appraiser, and an appraisal management company registration to provide the department with an email address and to eliminate the requirement for a notarized affidavit or irrevocable Uniform Consent to Service of Process form. There was no opposition, the process was complete.

The Interim Rules Committee will meet next on Sept. 9. The Agenda can be found on the LRC website. If you have questions/concern, please contact me: Jean.Hunhoff@sdlegislature.gov or 660-5619.

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