20190820Rules Review Public Hearing MEMO AUG2019.pdf

On June 19, 2019, a special edition of the Idaho Administrative Bulletin reauthorized
rules that were deemed necessary to protect public health, safety, and welfare or to confer
a benefit. Each rule docket was published as temporary and proposed concurrently. The
proposed rules must be adopted as pending rules prior to the 2020 legislative session.
DFM intends to publish a special edition of the Idaho Administrative Bulletin to adopt
pending rules on November 20, 2019.
It is the expectation of the Governor that each agency continues to review their
reauthorized proposed rules for opportunities to eliminate or simplify and reduce
restrictive language such as the word “shall” in accordance with Executive Order 2019-
02: Red Tape Reduction Act.
Can agencies eliminate or modify rules concurrently with the publication of the pending
rule?
• Yes, an agency can eliminate or modify additional rules, if in compliance with the
requirements of the Administrative Procedures Act, including § 67-5227. Agencies
should do so in an open, public hearing. Please vet any substantive changes by your
Governor’s office contact.
• Agencies must provide a marked-up version showing all desired edits in Microsoft
Word by October 16, 2019.
Rail Rules: Combine the two rules into one chapter. Eliminate language referencing first
aid kits and sanitary drinking water b/c that is outline in Idaho Code § 61-515A.
Railroad Clearance Rules (IDAPA 31.71.01)
Railroad Safety and Accident Reporting Rules (IDAPA 31.71.03)

Gas Rules: Combine 101.02 with 101.01.
Update 152.01 with standard ANSI/ASQ Z1.4 and Z1.9.
Combine 153.02 with 153.01. Combine 156.02 with 156.01.
Eliminate 157, restatement of Idaho Code 61-522.

Safety and Accident Reporting: Eliminate street address reference. All reports are to be
submitted to Commission Secretary. Change “shall” to “will”.

Small Water Companies: Eliminate section 102 which is just a restatement of the
Commission’s mission related to CPCNs covered in statutes, but made specific for small
water companies.

Energy Consumption: Eliminate restrictive language “shall”. Move 022 into 021.

System of Accounts: Eliminate reference to street address.
Utility Customer Relations Rules: Majority of changes were made to match existing
language in the TCRR.
Eliminated title of unused 500-599 rules section.
Corrected numbering in 400, 600 & 700 sections.

Master-Metering Rules for Electric Utilities: Added 0005.04 definition of Master
Metering.
Corrected numbering of reserved and 100 section of rules.
Cleaned up existing language in 100.01-.02, 101, 102 & 104.
Eliminated 100.03-.05 due to time limited language.

Telephone Customer Relations Rules: Corrected 200 to match title to UCRR.
Eliminated 305 due to no longer being enforced.
Eliminated reference to Health and Welfare from 306.
Corrected numbering in 300 section.
Corrected 400.01, .02 & 403.01 to match UCRR.
Added 503-506 from Operator Services and Pay Telephone rules as per FCC
requirements.
Eliminated time limited language from rule 605.
Eliminated language from 701 that is already required by FCC rules.
Eliminated 702.03 and .04 which are coved in Rules of Procedure.

Telecommunications Relay Services Rules: Eliminated 106 due to time limited
language.
Corrected numbering throughout.

Operator Services and Pay Telephone rules: Eliminated rule set due to not being
enforced any longer.
Moved Rules 102.01, 102.05, 102.06, 201.01, 201.02, 203 & 211 to the Telephone
Customer Relations Rules due to FCC requirements.