NOTICES
GOVERNOR'S OFFICE
Regulatory Review
[31 Pa.B. 711] Executive Order 1996-1, which was signed by Governor Ridge on February 6, 1996, requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. The following is the tenth publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.
The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.
Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.
This Agenda represents the Administration's present intentions regarding future regulations. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed below (as well as any considered subsequent to publication of this Agenda) is published.
Regulation Being Proposed Date Agency Considered of Promulgation Need and Legal Basis for Action Contact ADMINISTRATION
No regulations being developed or considered at this date.
AGING
PA Code Title VI Chapter 11
Older Adult Daily Living CentersMay 2002, as
proposed.This regulation is being reviewed for consolidation with regulations from DPW and DOH with the intent to publish as part of regulations to be proposed as Adolescent and Adult Day Center Licensing Regulations. Review is also occurring as a result of passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S.§§ 10225.101--10225.5102) and of Executive Order 1996-1. Robert Hussar (717) 783-6207 PA Code Title VI Chapter 15 Protective Services For Older Adults March 2001, as final. This regulation is being reviewed as a result of the passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S.§§ 10225.101--10225.5102) and of Executive Order 1996-1. . Robert Hussar (717) 783-6207 PA Code Title VI Chapter 21 Domiciliary Care Services for Adults October 2002, as proposed. Review is continuing as part of a Departmental evaluation in response to Executive Order 1996-1. The review will be coordinated with the Adult Residential Facilities initiative being led by the Office of Licensing and Regulatory Management, Department of Public Welfare. Robert Hussar (717) 783-6207 PA Code Title VI Chapter 3 Fair Hearings and Appeals January 2002, as proposed. This regulation has been initially reviewed by stakeholders in response to passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S.§§ 10225.101--10225.5102) and of Executive Order 1996-1. The completion of any proposed changes is dependent on the promulgation of final adult protective services regulations. Robert Hussar (717) 783-6207 AGRICULTURE ''Clean and Green'' Regulations 7 Pa. Code Chapter 137 April 2001, as final. Act 156 of 1998 revised the ''Clean and Green'' Law (72 P. S. §§ 5490.1--5490.13) and afforded the Department until April 30, 2001 by which to promulgate regulations to implement these revisions. The regulations will promote uniform and consistent interpretation and enforcement of the Act Statewide. Raymond Pickering
(717) 783-3167Agricultural Conservation Easement Purchase Program May 2001, as proposed. Act 138 of 1998 amended the Agricultural Area Security Law by permitting local government unit participation in agricultural conservation easement purchases. The regulations at 7 Pa. Code Chapter 138e must be revised to implement this statutory change. Raymond Pickering
(717) 783-3167Consolidation/Update of Retail Food Store Regulations May 2001, as proposed. This regulation would provide the retail food industry needed and requested guidance for the safe handling of food. The Food Act (31 P. S. §§ 20.1--20.18) is the statutory basis for this regulation. Lenchen Radle (717) 772-3234 Agricultural Security Areas July 2001, as proposed. This regulation will revise the current regulation at 7 Pa. Code Chapter 138 to address revisions to the statute on which that regulation is premised: the Agricultural Area Security Law (3 P. S. §§ 901--915). Raymond Pickering
(717) 783-3167Maple Products March 2001, as proposed. This regulation is required by the Maple Products Act (3 Pa.C.S. §§ 6101--6112). This regulation would establish standards, product quality practices and facility requirements relating to the production of maple syrup and maple products. Lenchen Radle (717) 772-3234 Amusement Rides April 2001, as proposed. This regulation will update the current regulation at 7 Pa. Code Chapter 139 to reflect changes to the Amusement Ride Inspection Act (4 P. S. §§ 401--418). Charles Bruckner
(717) 787-9089Harness Racing Commission July 2001, as proposed. This regulation is necessary to update current regulations, make them more user-friendly and address conditions, which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185 and 186--190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action. Anton J.
Leppler
(717) 787-5196Land application of soil and groundwater contaminated with agricultural chemicals April 2001, as proposed. This regulation is required under the Land Recycling and Environmental Remediation Standards Act, at 35 P. S. § 6026.101 et seq. This regulation would allow soil and groundwater contaminated with agricultural chemicals to be treated and re-applied upon agricultural lands. Numerous comments have been received with respect to drafts of this regulation, and will be addressed as the regulation proceeds. Phillip M. Pitzer
(717) 772-5206Farm Safety and Occupational Health Grant Program April 2001, as final. This regulation is needed to replace an existing statement of policy published in the March 16, 1996 Pennsylvania Bulletin. This regulation would formalize the statement of policy by which the Farm Safety and Occupational Health Grant Program operates. The Program awards grants to fund projects to increase the knowledge and awareness of farm safety measures and occupational health issues among the Commonwealth's rural youth. The proposed regulation was published at 30 Pa.B. 781 (February 12, 2000). Phillip M. Pitzer
(717) 772-5206Farm Safety Tuition Assistance Grant Program April 2001, as final. This regulation will establish a program to provide individual grants of up to $100 toward tuition charged by an approved farm safety course provider. The proposed regulation was published at 30 Pa.B. 771 (February 12, 2000). Phillip M. Pitzer
(717) 772-5206Farm Safety Developmental and Instructional Program April 2001, as final. This regulation will establish a program to provide grants totaling up to $30,000 for the development or implementation of farm safety courses. The proposed regulation was published at 30 Pa.B. 776 (February 12, 2000). Phillip M. Pitzer
(717) 772-5206Sustainable Agriculture Grant and Loan Programs April 2001, as final. This regulation establishes grant and loan programs to implement best management practices. These programs are required under the Sustainable Agriculture Act (3 P. S. §§ 2101--2107). Dave
Bingaman
(717) 772-5208Fruit Tree Improvement Program July 2001, as proposed. This regulation would facilitate interstate and international export of Pennsylvania-grown fruit tree nursery stock. This regulation would amend 7 Pa. Code Chapter 120, which provides testing and inspection standards and procedures pursuant to which fruit tree nursery stock can be certified as to quality, consistency and disease/insect-free status. The regulation would be a technical update of current provisions, would bring this program into greater conformity with programs in other states and would provide more practical assistance to participating growers. Ruth Welliver (717) 787-5609 Certification of Virus-Tested Geraniums May 2001, as proposed. This regulation would amend the current regulatory authority to update the voluntary program pursuant to which geranium producers may obtain the Department's certification of virus-tested geraniums. This amendment would establish an inspection fee to help cover the Department's costs in inspecting and testing geraniums offered for certification. This regulation would amend 7 Pa.Code Chapter 122 to: 1) expand the certification of virus-tested geraniums to include Culture-Indexed Geraniums, which are free from certain economically-important bacterial and fungal pathogens; and 2) establish a reasonable fee for the Department's inspection and certification services. Ruth Welliver (717) 787-5609 Dog Law May 2001, as proposed. House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. This regulation is a long-term project and would amend 7 Pa. Code Chapters 21, 23, 25 and 27 to bring them into greater conformity with statutory revisions. The Dog Law (3 P. S. §§ 459-10 et seq.) is the statutory basis for this regulation. Richard Hess (717) 787-4833 Domestic Animals July 2001, as proposed. This long-term project is intended to update the Department's regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301-2389). John Enck, DVM
(717) 772-2852Pseudorabies Disease 7 Pa. Code Chapter 10 July 2001, as proposed. The planned revisions of this chapter will assist the Department in attaining ''Pseudorabies-free'' status under the joint Federal-State Industry Pseudorabies Eradication Program, and will bring the current regulation into greater conformity with the requirements of the Domestic Animal Law. John Enck, DVM
(717) 772-2852Aquaculture Development April 2001, as proposed. This Aquacultural Development Law requires the Department to develop an ''Aquaculture Development Plan'' through regulation. Leo Dunn
(717) 783-8462BANKING
Continuing education regulations for residential first mortgage lender and broker industry. June 2001, as proposed. The Mortgage Bankers and Brokers Act (''MBBA'') is Act 90 of 1989, and has been amended by Act 131 of 1998. Amended section 4(e) of the MBBA provides that the Secretary of Banking shall delineate the requirements for continuing education regulations for licensees (i.e., mortgage bankers, mortgage brokers, and loan correspondents) by regulation within 3 years of the effective date (February 19, 1999) of the amendments to the MBBA. Therefore, continuing education regulations are required to be promulgated by February 19, 2002. Carter D. Frantz
(717) 787-1471Amendments to Banking regulations in 10 Pa. Code Part II to comply with amendments to the Banking Code made by Act 89 of 2000. June 2001, as proposed. Act 89 of 2000 substantially amended the Banking Code. Accordingly, some regulations will need to be amended in order to conform to the statutory amendments. Laurie S. Kennedy
(717) 787-1471BUDGET
Fiscal Notes 4 Pa. Code Chapter 7, Subchapter R March 2001, as final. Section 612 of the Administrative Code of 1929, as amended, 71 P. S. § 232, provides the authority for the Office of the Budget to promulgate regulations regarding the preparation of fiscal notes. The modified regulation prescribes the process agencies must implement to ensure a fiscal note is written for each proposed, final, and final omitted regulation. Pamela F. Cross
(717) 787-5311 Ext. 3070COMMUNITY & ECONOMIC DEVELOPMENT
Industrialized Housing and Components 12 Pa. Code Chapter 145 Spring 2001, as proposed. The regulation will further clarify and strengthen the Department's and third party's role in monitoring the installation of industrialized housing; adopt the ICC International Building Code; update definitions to bring them into conformance with current terminology and with proposed changes to the placement of insignia of certification; place the determination regarding the frequency of inspection reports on the inspection agency; require manufacturers to ensure that instructions for installation are given to those installing industrialized housing; and increase the fees charged by the Department to offset increases in the cost of administering and enforcing the industrialized housing program. Jill B. Busch (717) 720-7314 Certified Provider Spring 2001, as proposed. In accordance with the Job Enhancement Act of 1996, the regulation will establish professional and organizational standards that must be met in order for providers to continue packaging loans on behalf of the Department. Jill B. Busch (717) 720-7314 COMMISSION ON CRIME AND DELINQUENCY
Deputy Sheriffs' Education and Training Board-Amendments to 37 Pa. Code Chapter 421 February 2001, as proposed. To amend existing regulation to further increase hours of basic training that were increased by Statement of Policy in 2000. Proposed pursuant to the Deputy Sheriffs' Education and Training Act, 71 P. S. §§ 2105--2106, this rulemaking would add law enforcement-related duties to the basic training curriculum. Stephen Spangenberg (717) 705-3693 ext. 3040 Bureau of Victims' Services, Victims Compensation Division (formerly Crime Victim's Compensation Board)-Deletion of 37 Pa. Code Chapter 191, replacement with new Chapter 211 March 2001, as proposed. To create a new chapter reflecting elimination of Crime Victim's Compensation Board and inclusion of its functions under PCCD pursuant to Act 1995-27 of the Special Session on Crime; changes in terminology and operations brought about by that act and by section 4 of Act 1997-57; and citation changes resulting from Act 1998-111 and its relocation of the Crime Victims Act from Title 71 of Purdon's Statutes Title 18. The act at 18 P. S. § 11.312(3) gives the Bureau of Victims' Services the authority, subject to the approval of PCCD, to promulgate regulations to carry out the purposes of the act as it relates to compensation. Also to be revised are monetary ceilings that are obsolete due to inflation and restrictions that are antiquated or that limit flexibility in carrying out the statutory purposes. Lynn Shiner (717) 783-5153 ext. 3210 Commission on Crime and Delinquency-Amendments to 37 Pa. Code Chapter 401 (General Provisions), Chapter 405 (Grant Management) and Chapter 407 (Administrative Proceedings) Summer 2001, as proposed. To update existing regulations to reflect current operations and eliminate language that is obsolete due to operational or statutory change. Gerard Mackarevich (717) 705-0888 ext 3034 CONSERVATION & NATURAL RESOURCES
State Parks Rules and Regulations April 2001, as proposed. This revision to state parks rules and regulations will take place after extensive public outreach. Updates are necessary to reflect changes for more efficient operations, increase opportunities for public recreation, and an effort to improve visitor services and to promote good stewardship of public parks. Eight statewide regional public meetings were held in the summer of 2000 to begin to gather input on possible regulatory changes. Parks also conducted roundtable discussions. Legal basis for these regulations is Act 18 of 1995. Gary Smith (717) 783-3303 Conservation of Native Wild Plants June 2001, as proposed. This proposal is being developed to update existing native wild plant regulations. The legal basis for these regulations is the Wild Resource Conservation Act of 1982. This update is necessary to change the status of various plants to reflect fieldwork completed during the last three years. Recommendations of the Rare Plant Committee and the Vascular Plant Technical Committee will be considered during the development of this proposed rulemaking. Chris Firestone,
Mike Lester and Dan Devlin
(717) 783-3227CORRECTIONS Review and/or revision of all current Department of Corrections regulations contained in Title 37 of the Pennsylvania Code. Spring 2001, as proposed. The purpose of the review is to ensure that the Department's regulations are consistent with current legal standards concerning prison administration and operation. The legal basis for the action is found at Section 506 of The Administrative Code of 1929, 71 P. S. § 186, which grants the Commissioner of Corrections the authority to prescribe regulations for the Department that are not inconsistent with law. J.D. Shutt (717) 975-4860 EDUCATION
22 Pa. Code Chapter 155--Board of State College and University Directors--Personnel
March 2001, as final-omitted. Chapter 155--This chapter was issued under Section 2 of the Act of February 1970 (P. L. 24, No. 13) (24 P. S. § 20-2002) (Repealed). It was adopted June 12, 1975, 5 Pa. B. 1548.
Ernest Helling (717) 787-5500 Chapter 161--School Administrators Handbook Chapter 161--Statutory authority for this chapter is 71 P. S. § 352. Chapter 181--Mentally Retarded Exceptional Children Chapter 181--Taken from the PA Bulletin (Vol. 3, No. 39-9/15/73, p. 2069), the authority was contained in the Act of January 14, 1970, P. L. (1969) 468 (24 P. S. § 13-1372). Chapter 251--Postsecondary Education Planning Commission--Rules & Regulations Chapter 251--The Postsecondary Education Planning Commission, formerly known as the 1202 Commission and also known as the 1203 Commission, was authorized by 20 U.S.C., Section 1143 and established by the Governor upon recommendation of the State Board of Education through its resolutionof March 15, 1974. Chapter 329--Computation of Subsidy Chapter 329-This chapter provided procedures for calculating the instruction subsidy described in Sections 2502, 2502.5 and 2502.6 of the School Code. Special Education Services and Programs 22 Pa. Code, Chapter 14 and 22 Pa. Code, Chapter 342 March 2001, as final. These regulations are necessary to establish procedures for the identification of students who are in need of special education services and programs and to set forth requirements and procedures for the delivery of those services and programs. The revisions of these current regulations will focus on current federal and state law regarding special education services and programs to ensure compliance, consistent and accurate terminology and application of existing provisions. These regulations will be published as a single regulation, Chapter 14. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14) (24 P. S. § 1-101--26-2606-B). Peter Garland (717) 787-3787 Higher Education General Provisions, Foreign Corporation Standards, Institutional Approval, Program Approval 22 Pa. Code, Chapters 31, 36, 40, 42 April 2001, as proposed. These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions are necessary to clarify the intent of the chapters, modify the time frame during which new institutions must achieve accreditation, update provisions for library and learning resources, and amend regulations to accommodate for-profit baccalaureate and higher education. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No.14), Article XXVI-B, §§ 26-2601-B--26-2606-B. Peter Garland (717) 787-3787 Certification of Professional Personnel 22 Pa. Code, Chapter 49 May 2001, as final-omitted. Revisions to these regulations are necessary to incorporate provisions of Act 48 of 1999, which requires continuing professional development for all certificated educators. Since these revisions will be technical to incorporate a statutory change, they will be promulgated as final rulemaking with the public comment phase omitted. Peter Garland (717) 787-3787 College and University Security 22 Pa. Code, Chapter 33 February 2001, as final. These regulations govern the responsibility of institutions of higher education for the provisions of college and university security information and the collection and reporting of crime statistics. Revisions are necessary to incorporate provisions for the establishment of and access to daily campus crime logs. These regulations are promulgated under authority of the College and University Security Information Act (P. L. 443, No. 73) (24 P. S. § 2502-1 to 2502-5). Peter Garland (717) 787-3787 Community Colleges 22 Pa. Code, Chapter 35 April 2001, as proposed. These regulations govern the establishment and operation of community colleges and technical institutes. Revisions to reflect current practice are proposed in the formula calculating Full-Time Equivalent (FTE) Enrollments for reimbursement purposes. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14), Article XXVI-B, §§ 26-2601-B--26-2606-B. Peter Garland (717) 787-3787 Charter School Services and Programs for Children With Disabilities 22 Pa. Code, Chapter 711 March 2001, as final. The proposed regulations are promulgated to facilitate compliance with Federal statute, regulation and court decrees that apply in the Commonwealth to children with disabilities. The purposes of proposed Chapter 711 are to develop procedures for special education in charter schools and adopt by reference applicable Federal regulations. These regulations will be promulgated under the authority of the Charter School Law, 24 P. S. § 17-1701-A et seq. 1949, March 10, P. L. 30, No. 14, Article XVII-A, § 1701-A, added 1997, June 19, P. L. 225, No. 22, § 1. Dale Baker (717) 705-2343 Charter School Services, General Provisions May 2001, as proposed. These regulations will clarify a number of provisions to the Charter School Law, which have been the subject of questions from charter school applicants and school districts. These regulations will be promulgated under the authority of the Charter School Law, 24 P. S. § 17-1701-A et seq. 1949, March 10, P. L. 30, No. 14, Article XVII-A, § 1701-A, added 1997, June 19, P. L. 225, No. 22, § 1. Dale Baker (717) 705-2343 Academic Standards (Science & Technology, Environment & Ecology) 22 Pa. Code, Chapter 4 February 2001, as proposed. Chapter 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on academic standards. When initially promulgated in 1999, Chapter 4 contained academic standards in reading, writing, speaking and listening, and mathematics. Additional sets of standards were anticipated. This revision to Chapter 4 seeks to establish academic standards in Science and Technology, and Environment and Ecology. Peter Garland (717) 787-3787 General Provisions - State Board of Private Licensed Schools 22 Pa. Code, Chapter 73 July 2001, as proposed. The proposed revisions to the regulations of the State Board of Private Licensed Schools will amend Section 73.1 (Definitions) to add a new definition of the term ''Seminar'' and modify the current definition of the term ''Nonresident'' and amend Section 73.151 relating to fees to allow the Board to raise sufficient revenue to offset its projected expenditures for fiscal year 2000-01 and 2001-02. These regulations are promulgated under the authority of the Private Licensed Schools Act, Act 174 of 1986 (1986, Dec. 15, P. L. 1585, No. 174, § 1, effective Jan. 1, 1987)(24 P. S. §§ 6501-6518). Sharon Lane (717) 783-8228 General Vocational Education Standards 22 Pa. Code, Chapter 339 September 2001, as proposed. Educational institutions offering vocational programming have evolved substantially since their inception. Many of the standards defining and governing those institutions were conceived over 30 years ago. A revision of Chapter 339 is necessary to assist schools in developing, funding and maintaining programs that will provide the Commonwealth with a competent workforce. Discussions with the State Board of Vocational Education, as well as practitioners in that field, will be initiated to revise these standards. These regulations are promulgated under the authority of the Pennsylvania School Code, Article 18 on Vocational Education and section 2502.8 on Vocational Education Funding. These standards are also provided for under Chapter 4 of Title 22 of the Pennsylvania Code, section 4.32(a). John C. Foster (717) 787-5530 22 Pa. Code, Chapter 191 Spring 2001, as final. A new chapter in Pa. Code 22 will provide for procedures for calculating state subsidies for the National School Lunch and School Breakfast programs. These procedures are necessary to incorporate provisions of Act 16 of May 3, 2000, amending the Public School Code of 1949 (P. L. 30, No. 14)(24 P. S. § 1337.1) Pat Birkenshaw (717) 783-6556 22 Pa. Code, Chapters 233 and 237 Professional Standards and Practices Commission By-laws; Definitions Spring 2001, as proposed. The statements of policy and regulations defining specific terms are issued under the Professional Educator Discipline Act (24 P. S. § 2070.1 et seq.), which was recently amended by HB 2189 or Act 123 of 2000. Carolyn Angelo (717) 787-6576
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