NOTICES
GOVERNOR'S OFFICE
Regulatory Review
[29 Pa.B. 3443] 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 seventh 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.
Proposed Date for Regulation Being Considered Promulgation Need and Legal Basis for Action Agency Contact ADMINISTRATION
No regulations being developed or considered at this date. AGING
PA Code Title VI Chapter 11
Older Adult Daily Living CentersJuly 2000, as proposed. This regulation will, as part of the Cross-System Licensing Project, be consolidated with regulations from DPW and DOH and published 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 and of Executive Order 1996-1. Robert Hussar 717-783-6207 PA Code Title VI Chapter 15
Protective Services For Older AdultsNovember 1999, as proposed. Proposed amendments have been drafted by the Department and approved by the Budget Office and the Policy Office and are currently under review by the Office of General Counsel. This regulation is being reviewed as a result of passage of Acts 169-96 and 13-97 and of Executive Order 1996-1; the Department will make a report to the General Assembly on this topic by June 30, 1999, as required by law. Robert Hussar 717-783-6207 PA Code Title VI Chapter 21
Domiciliary Care Services for AdultsJuly 2000, as proposed. Review is occurring as a part of a Departmental evaluation and updating process for this community-based living arrangement. Robert Hussar 717-783-6207 PA Code Title VI Chapter 3 Fair Hearings and Appeals July 2000, as proposed. This regulation has been initially reviewed by stakeholders in response to passage of Acts 169-96 and 13-97 and as a result of Executive Order 1996-1. Robert Hussar 717-783-6207 AGRICULTURE
Agricultural Land Conservation Assistance Grant Program 7 Pa. Code Chapter 138h July, 1999, as proposed. This regulation will amend current regulations to refine the criteria pursuant to which the Department awards grants for farmland protection projects of Statewide scope. The draft proposed regulation is currently under review at the Office of General Counsel. Raymond Pickering (717) 783-3167 ''Clean and Green'' Regulations
7 Pa. Code Chapter 137January, 2000, as proposed. No later than April 30, 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 September, 1999, 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 January, 2000, 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 Food Employee Certification
7 Pa. Code Chapter 83October, 1999, as final. This regulation is required by the Food Employee Certification Act (3 Pa.C.S. §§ 6501-6510), and will establish standards for training of certain food industry personnel. Martha Melton (717) 782-8354 Land application of soil and groundwater contaminated with agricultural chemicals September, 1999, 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. Phillip M. Pitzer (717) 772-5206 Farm Safety and Occupational Health Grant Program July, 1999, as proposed. 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. Phillip M. Pitzer (717)772-5206 Maple Products July, 2000, 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 Harness Racing Commission September, 1999, 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. Jorge Augusto, Esquire
(717) 787-8744Horse Racing Commission August, 1999, as final. This regulation will revise several definitions, as well as clarify provisions related to ''coupled entries'' and trifecta races. Benjamin H. Nolt, Jr.
(717) 787-1942Sustainable Agriculture Grant and Loan Programs August, 1999, 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). John Tacelosky (717) 772-5217 Fruit Tree Improvement Program December, 2000, 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, 1999, 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 fee for the Department's inspection and certification services. Ruth Welliver (717) 787-5609 Dog Law July, 1999, 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 October, 1999, 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) 772-2852 Temporary Guidelines for the Importation and Intrastate Transportation of Cervids and Camelids -Statement of Policy
7 Pa. Code Chapter 3aSeptember, 1999. The planned revisions of this chapter will bring its provisions into greater conformity with the requirements of the Domestic Animal Law. John Enck, DVM (717) 772-2852 Pseudorabies Disease
7 Pa. Code Chapter 10September, 1999, 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) 772-2852 Brucellosis Vaccination- Statement of Policy September, 1999, as proposed. The planned statement of policy will address advances in vaccination technology, and will ultimately be supplanted by regulations. John Enck, DVM (717) 772-2852 Aquaculture Development December, 1999, as proposed. This regulation will implement the requirements of the recently enacted Aquacultural Development Law. John Enck, DVM (717) 772-2852 BANKING
Amendments to the Leeway Investments regulations for Pennsylvania state-chartered banking institutions. December 1999, as proposed. The existing leeway investments regulations are located at 10 Pa. Code § 27.1 - 27.4 and have been effective since March 9, 1974. These regulations were promulgated pursuant to authority stated in sections 103(a), 307, 311(d)(vi), and 504(b)(x) of the Banking Code of 1965, as amended, 7 P. S. §§ 103(a), 307, 311(d)(vi), and 504(b)(x), and can be amended pursuant to the same statutory authority. Leeway investments are made by Pennsylvania state-chartered banks in stock, bonds, notes, or debentures of corporations formed to promote the public welfare and community development, expand the economy, or provide for social reform. The Department has evaluated the need for additional regulatory guidance in the context of modernizing leeway investment authority for Pennsylvania state-chartered banking institutions, including amending the parameters for Pennsylvania state-chartered banking institutions to make leeway investments. David H. Bleicken
(717) 787-1471''Other investments'' regulations for Pennsylvania state-chartered banking institutions. December 1999, as proposed. Sections 103(a) and 315(g) of the Banking Code of 1965, as amended, 7 P. S. §§ 103(a) and 315(g), provide authority for the Department to promulgate regulations to allow Pennsylvania state-chartered banking institutions to make investments not otherwise authorized by the Banking Code. The Department has evaluated the need for such regulatory guidance and authority in the context of modernizing investment authority for Pennsylvania state-chartered banking institutions. Reginald S. Evans
(717) 787-1471Secondary Mortgage Loan Act regulations. There is no set date because the Department is evaluating the necessity of such proposed regulations. The Secondary Mortgage Loan Act (''SMLA''), 7 P. S. § 6601 et seq., was passed in 1980 and most recently amended by Act 15 of 1995. The Department is evaluating the need for regulatory guidance to be provided to second mortgage residential lenders, brokers sponsoring brokers, and broker's agents under the SMLA. Laurie S. Kennedy,
(717) 787-1471BUDGET
No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT
Tax-Exempt Bond Allocation Fall, 1999, as proposed. The existing regulation and statement of policy will be rescinded and replaced with new regulations as a result of the passage of Act 100 of 1998, which repealed the act of December 20, 1985 (P. L. 483, No. 113), known as the Tax-Exempt Bond Allocation Act and established new Tax-Exempt Bond Allocation provisions. Jill B. Busch (717) 720-7314 Pennsylvania Industrial Development Authority
21 Pa. Code Chapter 37Fall, 1999, as proposed. The regulation will delete those portions of the existing regulation of the Pennsylvania Industrial Development Authority Board which ought to be in policies or guidelines rather than in regulation and, if any portion of the regulation remains, it will be brought current to comport with actual administration of the PIDA program. Gerald W. Kapp (717) 787-6245 Commercial Motion Picture Sales; Tax Exemption Certificate
12 Pa.Code Chapter 33Fall 1999, as proposed. The regulation will prescribe a Pennsylvania Exemption Certificate (FORM REV-1220) as the form to be used by producers of commercial motion pictures, who are qualified to take advantage of the PA Sales and Use Tax exclusion provided by Section 204(54) of the Tax Reform Code of 1971. Jill B. Busch (717) 720-7314 COMMISSION ON CRIME AND DELINQUENCY
No regulations being developed or considered at this date. CONSERVATION & NATURAL RESOURCES Conservation of Native Wild Plants September 1999, 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 December 2000, as proposed. This proposal is an update to the State Forest Rules and Regulations which were published in the PA Bulletin December 5, 1998. Due to the controversy and confusion caused by two sections which had been in the proposed rulemaking of the State Forest Rules and Regulations - Section 21.26 (1) Horses and Pack Animals; Section 21.27 (1) Bicycles and Persons - Powered Vehicles, these sections were deleted from the final rulemaking of the State Forest Rules and Regulations in order to address these issues and concerns separately. The Department is currently in consultation with a user work group to redraft these two sections of the regulation. Michael Palko (717) 783-7941 CORRECTIONS
Motivational Boot Camp Act
61 P. S. Section 1221 et seq.July 1999, as final. The regulations will address boot camp administration, establishment of selection committees, inmate selection criteria, programming and supervision, inmate discipline and staff training. Victoria S. Freimuth
(717) 975-4860Revisions to the existing regulations governing county correctional facilities,
37 Pa. Code Chapter 95.July 1999, as final. 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) 975-4876 Review and\or revision of all current Department of Corrections regulations contained in Title 37 of the Pennsylvania Code. Fall 1999, 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
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