[35 Pa.B. 810]
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Regulation Being Considered Proposed Date of Promulgation Need and Legal Basis for Action Agency Contact GENERAL SERVICES
Responsibility
4 Pa. Code, Chapter 60Spring, 2005, as proposed This chapter must be amended to conform with the legislative changes required by the Commonwealth Procurement Code and to provide for uniform Commonwealth agency debarment and suspension procedures. Mary B. Seiverling
(717) 772-2749State Art Commission
4 Pa. Code, Chapter 65Summer, 2005, as final omitted The legislation creating the State Art Commission was sunsetted. Mary B. Seiverling
(717) 772-2749Emergency Construction Repairs
4 Pa. Code, Chapter 67Winter, 2005, as proposed The regulation should be amended to more accurately reflect present practice and to delete antiquated contract provisions. Mary B. Seiverling
(717) 772-2749Contract Compliance
4 Pa. Code, Chapter 68Spring, 2005, as proposed Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services. Mary B. Seiverling
(717) 772-2749Commonwealth Parking Facilities
4 Pa. Code, Chapter 71Spring, 2005, as proposed Amendments are required because parking locations have been changed. Mary B. Seiverling
(717) 772-2749Commonwealth Automotive Fleet
4 Pa. Code, Chapter 73Summer, 2005, as proposed The regulation will be amended to eliminate the requirement for a Pennsylvania license to drive a state vehicle and will permit out-of-state licenses. Mary B. Seiverling
(717) 772-2749Processing Subscriptions and Sales of Pennsylvania Code and Related Publications
4 Pa. Code, Chapter 81Summer, 2005, as final omitted These regulations should be repealed since the Department of General Services' Bureau of Management Services no longer has responsibility for the processing of subscriptions and orders for the Pennsylvania Code. Mary B. Seiverling
(717) 772-2749Metrology Calibration Fees
4 Pa. Code, Chapter 10 and 110Winter, 2005, as proposed New regulations are being promulgated with the Department of Agriculture to enable the Department of General Services to charge fees as required by Act No. 1996-155, 3 Pa.C.S. § 4178, for metrology laboratory calibration, type evaluation and other testing services performed by the Pennsylvania Standards Laboratory. Mary B. Seiverling
(717) 772-2749Service of Process on General Services Summer, 2005, as proposed New regulation to require that legal process for suits against DGS be served on Chief Counsel's office. Mary B. Seiverling
(717) 772-2749HEALTH
Health Facility Licensure General Administrative Chapter & General and Special Hospitals
28 Pa. Code § 51.1 et seq.
28 Pa. Code § 101.1 et seq.May 2005, as proposed. The amendments to existing regulations will update the licensure requirements for hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b. James T. Steele, Jr.
(717) 783-2500Communicable Diseases
28 Pa. Code § 27.1 et seq.July 2005, as proposed. The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21. Yvette M. Kostelac
(717) 783-2500Head Injury Program
28 Pa. Code § 4.1 et seq.June 2005, as proposed The amendments to existing regulations will address client enrollment and provider issues. Pursuant to 35 P. S. § 6934(e). Crystal Fox
(717) 783-2500Controlled Substances, Drugs, Devices and Cosmetics
28 Pa. Code § 25.72July 2005, as final The amendments to existing regulations will add five substances to the list of Schedule I Controlled Substances to allow for enforcement and prosecution under the Controlled Substances, Drugs, Devices and Cosmetics Act of the illegal manufacturer, distribution, sale and use of these substances. Pursuant to 35 P. S. §§ 780-103 and 780-104. Keith B. Fickel
(717) 783-2500Supplemental Nutrition Program for Women, Infant's and Children (WIC)
28 Pa. Code § 1101.1 et seq.June 2005, as final-omitted The amendments to existing regulations will bring the Commonwealth into compliance with the Child Nutrition and WIC Reauthorization Act of 2004 requirements and allow participants to use WIC vouchers at any WIC authorized store. The amendments will also prohibit authorization of stores that get more than 50% of their annual food revenue from the sale of WIC foods as set out in federal law. The amendments will also clarify the availability of minimum inventory during store reviews. Jalene Kolb
(717) 783-2500HOUSING FINANCE AGENCY
No regulations being developed or considered at this date. INFRASTRUCTURE INVESTMENT AUTHORITY 25 Pa. Code §§ 963.12(a)(6) and (7)
963.13(b) 2,
963.13(c),
963.15(a), and 25 Pa. Code § 965.4((9).Summer/Fall 2005 PENNVEST recommends the following revisions: (1). Delete Sections 963.12(a) (6) and the second sentence of Section 963.13(b)(2) thereby allowing PENNVEST to provide financial assistance (loan or grant) for costs associated with the development of an approvable official sewage plan under the Sewage Facilities Act, 35 P. S. § 750.1 et seq. While PENNVEST has always construed these costs to be encompassed with in the statutory definition of ''eligible cost'' (35 P. S. § 751.3), the agency chose as a matter of policy not to fund this planning process because the Pennsylvania Department of Environmental Protection already provided grant funds for 50% of these costs. PENNVEST is revising its policy because the agency is concerned that, in some instances, needed projects are unable to move forward in a timely manner due to a lack of funds to conduct this necessary planning. PENNVEST, therefore, is removing the impediment to funding imposed by the above regulatory provisions.
(2). Delete 25 PA Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor. While PENNVEST has historically allowed these costs for public facilities provided the profits were used to reduce system user costs it has not allowed financial assistance for such processes for private facilities. PENNVEST is revising its policy because it wants to support recycling and other innovative wastewater projects and the current policy has the potential to stifle such projects. In order to further these objectives, PENNVEST is removing the impediment to funding imposed by the above regulatory provision.
(3). Amend 25 PA Code 963.13 (c) by revising the section to read as follows: ''Terms of Loans. Advance funding loans will be for a term of five years. The term will be payment of interest only for 59 months and repayment scheduled for month 60. The scheduled repayment date, month 60, shall not exceed 1 year from completion of the advance funding project. If the recipient of an advance funding loan subsequently receives a construction loan from the Authority, the term of the outstanding advance funding loan shall be amended to carry both the interest only term and the repayment term of the construction loan, provided the interest only term shall not be extended beyond five years.''
(4). Amend 25 Pa. Code § 963.15(a) by revising the first sentence to read in its entirety: ''The term of the loans shall normally be twenty years beginning on the date construction is completed or three years from of the date of loan closing, whichever occurs first.'' This amendment provides a level loan repayment and a defined term at loan closing (normally twenty years). Under the old policy the loan term was determined sometime in the future after construction closed out. Consequently, under the old policy a Borrower with a project that took two years to construct would have had only eighteen years to repay the loan. Under the new policy the repayment term would be twenty years plus two years of interest only payments to provide for construction.
(5). Amend 25 Pa. Code § 965.4 (9) to place a period after the word ''Board'' and delete the remainder of the sentence. This amendment allows those costs associated with the acquisition of land under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to be financed by PENNVEST. This change is necessary to reflect a shift in policy by the Environmental Protection Agency and the desire of PENNVEST to take advantage of the policy shift to finance such costs.Jayne B. Blake
(717) 783-6776INSURANCE
Producer Licensing,
31 Pa. Code, Chapter 37, §§ 37.1--37.84Spring/Summer 2005, as proposed. Act 147 of 2002 sets new standards for Producers in the Commonwealth. This chapter will be repealed and replace with new regulation consistent with the statute. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Advertising of Insurance,
31 Pa. Code, Chapter 51, §§ 51.1--51.61Summer/Fall 2005, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Cancellations and Refusal to Renew Homeowners Insurance,
31 Pa. Code, Chapter 59, §§ 59.1--59.13Spring 2005, as proposed. Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies,
31 Pa. Code, Chapter 61, §§ 61.1--61.14Spring 2005, as proposed. Modify regulation consistent with the statute (40 P. S. §§ 1008.1 et seq.). The regulations provide guidance to automobile insurers relating to cancellations and nonrenewals of certain automobile insurance policies, and the available administrative process to secure an administrative review of such terminations. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Private Passenger Automobile Policy Forms,
31 Pa. Code, Chapter 64, §§ 64.1--64.14Spring/Summer 2005, as proposed. Repeal pursuant to Executive order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Motor Vehicle Financial Responsibility Law
Evidence of Financial Responsibility,
31 Pa. Code, Chapter 67, §§ 67.21--28Spring 2005, as proposed. Amend to make the regulation consistent with statutory requirements. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Replace Life Insurance Annuities,
31 Pa. Code, Chapter 81, §§ 81.1--9Spring/Summer 2005, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Variable Life Insurance,
31 Pa. Code, Chapter 82, §§ 82.1--91Summer/Fall 2005, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Disclosure in Solicitation of Life Insurance,
31 Pa. Code, Chapter 83, §§ 83.1--57Spring/Summer 2005, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Annuity Disclosure, (NEW Chapter 83b) Spring/Summer 2005, as proposed. A new regulation to eliminate misleading illustrations, make illustrations more understandable and to standardize the disclosure statement language to be used with the selling of annuities. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Variable Annuity & Accumulation Contracts,
31 Pa. Code, Chapter 85, §§ 85.1--85.40Summer/Fall 2005, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Requirements for Life Policies and Sales Practices,
31 Pa. Code, Chapter 87, §§ 87.1--87.42Spring/Summer 2005, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Life Insurance Illustrations (New Chapter 87a) Summer/Fall 2005, as proposed. Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Individual Accident & Sickness Minimum Standards,
31 Pa. Code, Chapter 88, §§ 88.1--88.195Summer/Fall 2005, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Preparation of Forms,
31 Pa. Code, Chapter 89, §§ 89.12--16, 89.18--89.62Spring/Summer 2005, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Prior Approval of Forms Required,
31 Pa. Code, Chapter 89, § 89.101Spring/Summer 2005, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Medicare Supplement,
31 Pa. Code, Chapter 89, 89.770--89.790Winter/Spring 2005, as final omitted. This will update the Medicare Supplement regulation to meet Federal guidelines. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Cash Advances to Insurance Companies,
31 Pa. Code, Chapter 105, §§ 105.1--105.2Summer 2005, as proposed. Amend to apply to all types of insurers, reflect statutory amendments adopted in 1992 and 1995 and to eliminate outdated, unnecessary provisions relating to cash advancements to insurance companies pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Preparation of Filing of Property and Casualty Forms for Approval,
31 Pa. Code, Chapter 133, §§ 133.1--133.12Spring/Summer 2005, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Description of Reserves
Prohibited Phrases,
31 Pa. Code, Chapter 139, §§ 139.1--139.3Spring/Summer 2005, as proposed Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Unfair Insurance Practices; Unfair Claims Settlement Practices,
31 Pa. Code, Chapter 146, §§ 146.1--146.10Spring/Summer 2005, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Funds Held as Security for the Payment of Obligations of Unlicensed, Unqualified Reinsurers,
31 Pa. Code, Chapter 163 §§ 163.1--163.20Spring 2005, as proposed Amend to update provisions relating to trust agreements and letters of credit. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Property and Casualty Actuarial Opinion (NEW) Summer/Fall 2005, as proposed. New regulation to require property & casualty insurers to annually submit an Actuarial Opinion Summary of the Actuarial Report on loss and loss adjustment expense reserves, including information on the opining actuary's best estimate and/or range of reasonable estimates Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Medical Catastrophe Loss Fund,
31 Pa. Code, Chapter 242 §§ 242.1--242.18Spring/Summer 2005, as proposed. Amend the regulation to be consistent with the statute. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Health Maintenance Organizations,
31 Pa. Code, Chapters 301, §§ 301.1--301.126Spring/Summer 2005, as proposed. Amend pursuant to Executive order 1996-1. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Premium Finance Companies (NEW chapter) Spring/Summer 2005, as proposed. New regulation addressing issues pertaining to Premium Finance Companies. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429Viatical Regulations (NEW chapter) Spring/Summer 2005, as proposed. New regulation addressing issues pertaining to the Licensing of Viatical Brokers. Peter J. Salvatore, Regulatory Coordinator
(717) 787-4429LABOR AND INDUSTRY
Underground Storage Facilities, Title 34, Bureau of Occupational and Industrial Safety Submit proposed rulemaking in Fall 2005. This regulation will address requirements for natural or man-made caverns used for LPG storage. Edward Leister
(717) 787-3323Elevators and Lifting Devices, Title 34 Bureau of Occupational and Industrial Safety Submit proposed rulemaking Summer 2005. Will make minor revisions and corrects. Will also incorporate legislative changes required under Act 230 approved December 1, 2004. Edward Leister
(717) 787-3323Uniform Construction Code (UCC) regulations. Act 45 of 1999. Title 34, Chaps. 401--405. Bureau of Occupational and Industrial Safety Submit final-omitted regulations in Summer 2005. Will make revisions to UCC required under legislation enacted in 2004: Acts 13, 92 and 158. Jon Balson
(717) 787-3323Repeal of mine and excavation regulations, Title 34, Chap. 33, Bureau of Occupational and Industrial Safety. Submit final-omitted regulation in Winter 2005. Will revoke Labor and Industry's authority to regulate mines and excavations. The Department of Environmental Protection now has this authority. Edward Leister
(717) 787-3323Boiler requirements, Title 34. Bureau of Occupational and Industrial Safety. Submit final-form regulation in Winter 2005. The regulations will update requirements for boilers and unfired pressure vessels in accordance with the Boiler and Unfired Pressure Vessel Law. Edward Leister
(717) 787-3323Liquefied Petroleum Gas, Title 34. Bureau of Occupational and Industrial Safety. Submit proposed rulemaking in Fall 2005. Will enact the Propane and Liquefied Petroleum Gas Act passed in June 2002. Will govern the design, installation and construction of containers and equipment for storage and handling of liquefied petroleum gas, specify the odorization of the gases and establish guidelines for the processing and technologies that are not covered by industry standards. Edward Leister
(717) 787-3323Business Enterprise Program, Title 34. Bureau of Blindness and Visual Services Submit proposed rulemaking in Summer 2005. Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws. Mark Frankel
(717) 787-3667Office of Vocational and Rehabilitation, Title 34. Submit Proposed Rulemaking Winter 2005 Regulations will govern the registration process and implement the Sign Language Interpreter and Transliterator Registration Act which was enacted in 2004. (Act 57 of 2004). Catherine N. Wojciechowski
(717) 787-4186Prevailing Wage Appeals Board (PWAB), Title 34, Chap 213. Submit proposed rulemaking in Spring 2005. PWAB will amend its regulations to reduce paperwork requirements and improve/streamline procedures. Richard C. Lengler
(717) 783-9288Flammable and Combustible Liquids, Title 37, Chap. 13. Bureau of Occupational and Industrial Safety. Submit proposed rulemaking in Fall 2005. Amendment to Flammable and Combustible Liquids regulation setting standards for unattended self-service gasoline dispensing. National Fire Protection Association standards will be incorporated. Doug McAdam
(717) 787-4713Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Tax Services Submit proposed rulemaking in Spring 2005. Update Unemployment Compensation tax and select benefit regulations. Scott Miedrich
(717) 787-2097Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Benefits Submit proposed rulemaking in Spring 2005. Update requirements and procedures for filing benefit and claim applications. Jeri Morris
(717) 787-3667Bureau of Workers' Compensation Title 34, Chapter 121 Submit proposed rulemaking in Spring 2005. Updating regulations concerning processing of claims forms/petitions to reflect changes in law and technology. Nathaniel Holmes
(717) 772-0621Bureau of Workers' Compensation, Title 34, Chapter 127, Medical Cost Containment Submit proposed rulemaking in Spring 2005. Update processes governing medical care and costs under the Workers' Compensation Act. Eileen Wunsch
(717) 772-1912Bureau of Workers' Compensation, Title 34, Chapter 123 Submit proposed rulemaking Spring 2005. Update procedures for qualifications of vocational experts to reflect passage of Act 88 (if needed). Eileen Wunsch
(717) 772-1912MILITARY AND VETERANS AFFAIRS
State Veterans Home
43 Pa. Code Section 7.1 et. seq.October 2005, as proposed. This regulation is necessary to update current regulations, make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7. Dennis T. Guise
(717) 861-8503MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission.
37 Pa. Code Chapter 203February 2005, as proposed The Commission intends to update regulations promulgated pursuant to 53 Pa. C.S. § 2164(1), (8), and (14) (relating to Part III, Subpart C, of the Local Government Code). Syndi L. Guido
(717) 772-0905PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
See Public School Employees' Retirement System. PROBATION AND PAROLE
The County Probation and Parole Officers Firearms Education and Training Law 61 P. S. § 332.5 (13) requires the Commission to ''make rules and regulations and to perform other duties as may be reasonably necessary or appropriate to implement the training program for county probation and parole officers.'' The proposed regulation will be published in the Pa. Bulletin in the fall of 2004. The County Probation and Parole Officers' Education and Training Commission is in the process of promulgating these regulations and anticipates the completion of proposed regulations by Fall 2004 for publication in the PA Bulletin. Chester Cope
(717) 772-4185PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
22 Pa. Code Chapter 215 Publication anticipated within 2-3 months This proposal is being made to amend 22 Pa. Code, Chapter 215 and would delete the transitional provisions for electing to participate in an optional alternate retirement plan contained in § 215.36. The provision is no longer needed, and may conflict with current Retirement Code provisions. Frank Ryder
(717) 720-4733
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