NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[28 Pa.B. 1806]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, March 26, 1998, and took the following actions:

Regulations Approved:

   #1752 Department of Revenue #15-373: Public Transportation Assistance Fund Taxes & Fees (deletes § 9.4 and adds § 47.19 to 61 Pa. Code).

   #1702 State Board of Certified Real Estate Appraisers #16A-704: General Provisions/Standards of Professional Conduct (add a new Subchapter C to 49 Pa.  Code Chapter 36).

   #1929 Department of Community and Economic Development #4-65: Private Activity Bonds--Allocation (amends 12 Pa. Code Chapter 63).

   #1829 Environmental Quality Board #7-307: Coal Mining Permitting and Performance Standards (amends 25 Pa.  Code Chapters 86--90).

   #1830 Environmental Quality Board #7-315: Water Supply Protection/Replacement (Mining) (amends 25 Pa.  Code Chapters 87 and 88).

Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
March 26, 1998

Department of Revenue--Public Transportation Assistance Fund Taxes and Fees; Doc. No. 15-373

Order

   On June 12, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking deletes § 9.4 and adds § 47.19 to 61 Pa. Code. The authority for this regulation is section 2301 of the Tax Reform Code (72 P. S. § 9301). The proposed regulation was published in the June 22, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 28, 1998. The Department submitted a request to toll this regulation on February 13, 1998. The revised regulation was submitted on March 12, 1998.

   The regulation converts a statement of policy relating to Public Transportation Assistance Fund taxes and fees into a new regulation. The revenue generated by these fees and taxes are deposited into the Public Transportation Assistance Fund (Fund) in the State Treasury. The Fund is used for public transit programs and capital projects. The regulation includes provisions for a tire fee, motor vehicle lease tax, motor vehicle rental fee and public utility realty tax. The Department claims that the regulation will not impose additional costs on the Commonwealth, local governments or regulated community.

   We have reviewed this regulation and find it to be in the public interest. The rulemaking is necessary because it codifies a statement of policy into regulatory provisions and simultaneously clarifies and refines these provisions.

Therefore, It Is Ordered That:

   1.  Regulation No. 15-373 from the Department of Revenue, as submitted to the Commission on March 12, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

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Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
March 26, 1998

State Board of Certified Real Estate Appraisers--General Provisions/Standards of Professional Conduct; Doc. No. 16A-704

Order

   On January 19, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Certified Real Estate Appraisers (Board). This rulemaking will add a new Subchapter C to 49 Pa. Code Chapter 36. It is authorized by sections 3 and 7(a)(6) of the Assessors Certification Act (act) (63 P. S. §§ 458.3 and 458.7(a)(6)). The proposed regulation was published in the February 3, 1996 edition of the Pennsylvania Bulletin, with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 2, 1998.

   This new regulation will establish formal standards of professional conduct for Certified Pennsylvania Evaluators (CPEs) licensed by the Board. The standards are modeled after the Code of Ethics and Standards of Professional Conduct of the International Association of Assessing Officers. Subjects addressed include general duties, public review of assessments and records, professional qualifications, conflicts of interest, limitations on activities, advertising and promotion and reporting of unethical practices. CPE responsibilities are restricted to assessing the valuation of real property in Pennsylvania for ad valorem taxation purposes.

   The House Professional Licensure Committee approved the final-form regulation at its meeting on March 18, 1998.

   We have reviewed this regulation and find it to be in the public interest. This regulation will impact approximately 476 persons currently licensed as CPEs, as well as candidates for licensure as CPEs. The proposal will guide CPEs in their relations with assessment offices, public officials and the general public, and enhance the integrity and reliability of real estate assessments in Pennsylvania.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-704 from the State Board of Certified Real Estate Appraisers, as submitted to the Commission on March 2, 1998, is approved; and

   2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
March 26, 1998

Department of Community and Economic Development-- Private Activity Bonds--Allocation; Doc. No. 4-65

Order

   On February 23, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Community and Economic Development (Department). This rulemaking amends 12 Pa. Code Chapter 63. The authority for this regulation is contained in section 7(4) of the Tax Exempt Bond Allocation Act (73 P. S. § 397.7(4)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   We have reviewed this regulation and find it to be in the public interest. The Federal Internal Revenue Code of 1986 (26 U.S.C.A. § 146) imposes a ceiling on the aggregate amount of private activity bonds that may be issued in any calendar year by or on behalf of the Commonwealth and its political subdivisions. The Department's proposed amendments are necessary because the existing regulation provides only the allocations for the calendar year 1997, which are no longer current.

Therefore, It Is Ordered That:

   1.  Regulation No. 4-65 from the Department of Community and Economic Development, as submitted to the Commission on February 23, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

____

Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
March 26, 1998

Environmental Quality Board--Coal Mining Permitting and Performance Standards; Doc. No. 7-307

Order

   On April 16, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 86--90. It is authorized by: sections 3, 4, 4.2 and 4.6 of the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.3, 1396.4, 1396.4b, and 1396.4f); sections 5 and 315 of The Clean Streams Law (35 P. S. §§ 691.5 and 691.315); section 3.2(a) of the Coal Refuse Disposal Control Act (52 P. S. § 30.53b(a)); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20). The proposed regulation was published in the May 3, 1997 edition of the Pennsylvania Bulletin, with a 60-day public comment period. The final-form regulation was submitted to the Commission on February 24, 1998.

   The amendments are comprehensive and relate to permitting and performance standards for surface coal mining, underground coal mining and coal refuse disposal operations. The proposal provides notification to the owner or operator of an existing oil or gas well an opportunity to object to a mining application, as well as other safeguards designed to help protect the integrity of existing wells.

   We have reviewed this regulation and find it to be in the public interest. This rulemaking grew out of the Department of Environmental Protection's Regulatory Basics Initiative and compliance with Governor Ridge's Executive Order #1996-1. Consequently, the amendments revise existing regulatory standards to be no more stringent than Federal requirements. The EQB estimates that the regulated community will experience cost savings of approximately $28,000 annually.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-307 from the Environmental Quality Board, as submitted to the Commission on February 24, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

____

Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
March 26, 1998

Environmental Quality Board--Water Supply Protection/Replacement (Mining); Doc. No. 7-315

Order

   On April 16, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 87 and 88. The authority for this regulation is found in section 4.2(a) of the Surface Mining Conservation and Reclamation Act (act) (52 P. S. §§ 1396.4b(a)). The proposed regulation was published in the May 3, 1997 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on February 24, 1998.

   The amendments in the EQB's regulations address two major areas: water supply replacement for a degraded water supply within 1,000 feet of a coal mining operation; and revegetation of previously disturbed and unreclaimed areas. The proposal will affect approximately 480 coal mine operators. It will also affect water supply owners and users. More expeditious replacement of degraded water supplies is anticipated.

   We have reviewed this regulation and find it to be in the public interest. The proposal brings the EQB's regulations into conformity with 1992 and 1996 amendments to the Surface Mining Conservation and Reclamation Act and with several decisions by the Environmental Hearing Board.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-315 from the Environmental Quality Board, as submitted to the Commission on February 24, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 98-576. Filed for public inspection April 10, 1998, 9:00 a.m.]

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