NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[27 Pa.B. 3294] 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 third 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 Need and Legal Basis for Action Agency Considered Date for Contact Promulgation ADMINISTRATION
No regulations being developed or considered at this date. AGING PA Code Title VI Chapter 11
Older Adult Daily Living CentersOctober 1997, as proposed. This regulation is in the process of review by interested parties. The review is occurring as a result of Executive Order 1996-1. Robert Hussar 717-783-8975 PA Code Title VI Chapter 22
Pharmaceutical Assistance Contract For the ElderlyDecember 1997, as proposed. This regulation is in the process of review as a result of Executive Order 1996-1 and the recent passing of House Bill 544, Act 134 of 1996. Robert Hussar 717-783-8975 PA Code Title VI Chapter 15
Protective Services For Older AdultsDecember 1997, as proposed. This regulation is being reviewed as a result of Executive Order 1996-1 and the recent passing of House Bill 304 which is Act 169 of 1996. Robert Hussar 717-783-8975 AGRICULTURE
Agricultural Land Conservation Assistance Grant Program
7 Pa. Code Chapter 138hJune 1998, as proposed. This regulation will amend current regulations to allow the Pennsylvania Farmland Preservation Association to receive grants for projects of Statewide scope. Raymond Pickering (717)783-3167 Agricultural Conservation Easement Purchase Program
7 PA.Code Chapter 138eDecember 1997, as final. The regulation will address agricultural conservation easement appraisal standards, minimum criteria for easement purchases, procedures by which counties assign a numerical ranking to applicant farmland owners, subdivision procedures and requirements for land under easement and procedures by which individual county easement purchase programs may be recertified by the State Agricultural Land Preservation Board. Raymond Pickering (717) 783-3167 ''Clean and Green'' Regulations
7 PA.Code Chapter 137June 1998, as proposed. County Assessors have primary enforcement authority under the ''Clean and Green'' Act (72 P. S. §§ 5490.1--5490.13), and favor a revision of current regulations to promote uniform and consistent interpretation and enforcement of the Act statewide. The current regulations have not been revised in 15 years. The Pennsylvania Farmland and Forest Land Assessment Act of 1974, known commonly as the ''Clean and Green'' Act (72 P. S. §§ 5490.1--5490.13) is the statutory basis for the regulation. Raymond Pickering (717) 783-3167 Consolidation/Update of Retail Food Store Regulations July 1998, 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. Charles Radle (717) 772-3234 Food Employee Certification
7 Pa. Code Chapter 83February 1998, as final. This regulation is required by the Food Employee Certification Act (3 Pa.C.S. Sections 6501--6510), and will establish standards for training of certain food industry personnel. Martha Melton (717) 782-8354 Maple Products June 1998, 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. Charles Radle (717) 772-3234 Harness racing commission September 1998, 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. Richard Sharbaugh
(717) 787-5196Horse racing commission. No publication anticipated in next 12 months. This commission plans an update of its regulatory authority (at 58 Pa. Code Chapters 161, 163, 165, 167, 171 and 173), for the same general reasons and on the basis of the same statutory authority cited by the Harness Racing Commission, above. Ben Nolt (717) 787-1942 Bureau of Market Development.
Standards for Grading Veal Calves.September 1997, as proposed. The regulation would bring the Commonwealth's standards for grading veal calves into conformity with USDA standards. The regulation would amend current regulatory authority at 7 Pa. Code Chapter 101 by deleting standards for grading veal calves and adopting USDA standards by reference. Richard McDonald
(717) 787-5319Plant Industry Regulations Land application of soil & groundwater contaminated with agricultural chemicals. January 1998, 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. David Bingaman (717) 787-4843 Farm Safety and Occupational Health Grant Program February 1998, as proposed. This regulation is needed to replace an existing statement of policy published in the March 16, 1996 Pa. 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. John Tacelosky (717) 787-4843 Fruit Tree Improvement Program. December 1997, 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. September 1997, 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 June 1998, 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 Rides and Measurement Standards July 1998, as proposed. Senate Bill 509 of 1996 was enacted into law as the Consolidated Weights and Measures Act at 3 Pa.C.S. §§ 4101--4193). This statute will necessitate regulatory revisions. This regulation is a long-term project intended to update regulatory authority. The Consolidated Weights and Measures Act (3 Pa.C.S. §§ 4101--4193) is the statutory basis for the regulation. Charles Bruckner
(717) 787-6772BANKING
Pawnbrokers License Act regulations. Comments on proposed regulations are being reviewed by Department, which anticipates submitting final-form regulations within next six months. The amendments to the Pawnbrokers License Act, 63 P. S. § 281-1 et seq., require that the Department hold a hearing regarding all initial pawnbroker applications, add grounds pursuant to which an application may be rejected, require newspaper publication of notice of renewal applications, permit charges to cover reporting relating to any pledge required by any governmental unit. The amendments also require that regulations shall include minimum start-up and operating capital requirements, annual report filing requirements, and any other financial record-keeping requirements. The regulations for capital requirements are required by statute. The major additional regulations needed would establish and announce the procedure and requirements related to initial pawnbroker application hearings. Reginald S. Evans
(717) 787-1471Credit Services Act regulations. Comments on proposed regulations are being reviewed by Department, which anticipates submitting final-form regulations within next six months. Section 8 of the Act, 73 P. S. § 2188, provides that loan brokers not presently licensed by the Department shall be registered with the Department of Banking pursuant to regulations promulgated by the Department. The annual registration fee is $300. The regulations are required by the statute in order to establish and announce the regulatory registration procedure applicable to loan brokers. Reginald S. Evans
(717) 787-1471Repeal of Various Regulations in 10 Pa. Code . Comments on proposed regulations are being reviewed by Department, which anticipates submitting final-form regulations within next six months. The Pennsylvania Department of Banking, under the authority contained in sections 201 and 202 of the Department of Banking Code, as amended, 71 P. S. §§ 733--201; 733--202, section 103 of the Banking Code of 1965, as amended, 7 P. S. § 103, and section 12 of the Consumer Discount Company Act, 7 P. S. § 6212, proposes to eliminate the following regulations: 10 Pa. Code §§ 13.2(b),(c); 13.3(b); 41.3(I); Chapter 11; Chapter 17; Chapter 35. Reginald S. Evans (717)787-1471 Consumer Discount Company Act regulations. Publication of proposed rule anticipated in next six months. The Department has evaluated the need to amend existing regulations for the Consumer Discount Company Act, 7 P. S. § 6201 et seq., which was most recently amended by Act 80 of 1996. Reginald S. Evans
(717) 787-1471BOARD OF PARDONS
No regulations being developed or considered at this date. BUDGET
No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT Industrialized Housing and Components
12 Pa. Code Chapter 145Summer 1997, as final. The regulations will finalize the changes initiated in the proposed regulations, which sought to amend § 29.42 to permit manufacturers to utilize either the previous or new CABO stair geometry standards, and to amend §§ 29.41, 29.43, 29.44, 29.56 and 29.12 to clarify questions concerning those standards and alternate standards that are in effect for industrialized housing under the regulations and to clarity procedures for amending those standards and alternate standards. John Boyer
(717) 787-5327Certified Provider Fall 1997, as proposed. 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. Russell C. Bellavance
(717) 783-8452Neighborhood Assistance Program
12 Pa. Code Chapter 135Fall 1997, as proposed. The regulation will establish the special program priorities for the 1997-98 fiscal year; will revise the procedures for review and submission of NAP proposals to make them consistent with the single application process recently adopted by the department; and will add the Comprehensive Service Program, the purpose of which is to encourage a joint effort between a neighborhood organization and a sponsoring business to develop and implement a neighborhood revitalization plan to transform a distressed community into a healthy stable community. Deb Devine
(717) 787-1984Pennsylvania Industrial Development Authority
12 Pa. Code Chapter 73Fall 1997, as proposed. The regulation will update the current regulations to include changes passed by the Pennsylvania Industrial Development Authority Board which were never formalized through the regulatory process. Gerald W.
Kapp, Jr.
(717) 787-6245COMMISSION ON CRIME AND DELINQUENCY
Constables Education and Training Board--Issuance and Certification Numbers Fall 1997, as proposed. The proposed new regulation: (1) will address when certification numbers will be issued to persons who successfully complete the basic training course, but are not yet constables and (2) when a constable will be placed in an inactive status. Stephen Spangenberg (717) 787-1777 37 Pa. Code § 401.11--Operating procedures Fall 1997, as proposed. The current regulation which specifies that the Commission will hold its regular meetings in the auditorium of the William Penn Memorial Museum in Harrisburg, Pennsylvania is obsolete. The proposed regulation will strike this language and will add that regular meetings will be held at locations as the Chairman may designate. Richard Reeser (717) 787-8559 37 Pa. Code § 401.12--Conflict of Interest Fall 1997, as proposed. The proposed regulation will change from ''LEAA funds'' to ''federal or state funds.'' This amendment is necessary because LEAA funds no longer exist. Richard Reeser (717) 787-8559 37 Pa. Code § 405.3--Juvenile Justice Act Funding Transition Fall 1997, as proposed. This regulation will be deleted as it is now obsolete. Richard Reeser (717) 787-8559 37 Pa. Code § 405.4 Fall 1997, as proposed. This regulation will be deleted as it is no longer applicable due to a change in federal programs. Richard Reeser (717) 787-8559 37 Pa. Code § 407.12--Reconsideration procedure Fall 1997, as proposed. This regulation will be deleted as the Judicial Planning Committee no longer exists. Richard Reeser (717) 787-8559 CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants September 1997, 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 field work 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. Daniel A. Devlin (717) 787-3444 State Forest Rules and Regulations August 1997, as proposed. This proposal is an update of existing regulations regarding conduct on State Forest land. The legal basis for these regulations is Section 301 of Act 18 of 1995. This update also includes changes to improve compliance where roads are closed to vehicular access, to provide for better protection of designated hiking trails, and to establish special activity agreements for commercial use of state forest roads. Warren A. Ely (717) 787-2014 CORRECTIONS Motivational Boot Camp Act
61 P. S. Section 1221 et seq.December 1997, as proposed The regulations will address boot camp administration, establishment of selection committees, inmate selection criteria, programming and supervision, inmate discipline and staff training. Kathleen Gnall (717) 975-4860 Prison Medical Service Program November 1997, as proposed. The regulations are mandated by the Prison Medical Service Act, of May 16, 1996, Act No. 1996-40, and will enable the Department to require inmates to pay a fee for medical services. The regulations will describe the services which will and will not be subject to a fee, establish the fees and provide a mechanism for collection of the fees. Kathleen Zwierzyna
(717) 731-7031Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code Chapter 95. October 1997, as proposed. The regulation will be revised to eliminate unnecessary regulations and modernize necessary regulations, particularly those affecting the transfer of inmates between state and county correctional facilities. William M. Reznor
(717) 975-4876Repeal of Media Relations regulations November 1997, as proposed The regulations will be repealed because other internal departmental policies will enable media access to the inmate population. Repeal under such circumstances is consistent with the general principle of Executive Order 1996-1 that viable non-regulatory alternatives are preferred over regulations. Roger H. Baumgarten (717) 975-4862 Review and/or revision of all current Department of Corrections regulations contained in Title 37 of the Pennsylvania Code. No publication is anticipated in next 12 months. 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. Sarah B. Vandenbraak (717) 975-4864 EDUCATION
Pupil Personnel Services
Pupil Attendance
Students
22 Pa Code, Chapters 7, 11, 12July 1997, as proposed. These proposed revisions to existing chapters of regulations are necessary to align provisions of Chapter 12 in compliance with recently-enacted legislation and court decisions; to accurately reflect current practices; delete nonregulatory language; and eliminate non-regulatory provisions. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14) Article XXVI-B, Sections 26-2601-B--26-2606-B. Peter Garland (717) 787-3787 Special Education Services and Programs
22 Pa Code, Chapter 14September 1997, as proposed 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 review 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. Peter Garland (717) 787-3787 School Buildings
22 Pa Code, Chapter 21July 1997, as proposed. These regulations are necessary to provide uniform standards and procedures for seeking Departmental approval in school building projects. The proposed revisions are necessary to provide clarification and to reflect current practice. These revisions are proposed 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 Higher Education General Provisions
Foreign Corporation Standards Institutional Approval
22 Pa. Code, Chapters 31, 36, 40August 1997, as proposed. These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions to Chapters 31 and 40 are necessary to clarify the intent of the chapters and to modify the time frame during which new institutions must achieve accreditation. 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 Branch Campuses for State-supported Institutions Program Approval
22 Pa. Code, Chapters 34, 42August 1997, as proposed. These regulations are necessary to establish procedures for the approval of branch campuses and for the approval of programs offered by institutions. Review and revision are necessary to ensure that the regulations are consistent with current practice and terminology. 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
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