NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[31 Pa.B. 3601] 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 ninth 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 (as well as any considered subsequent to publication of this Agenda) is published.
Proposed Date of 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 CentersMarch 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 Part-Day 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) 783-6207PA Code Title VI Chapter 15
Protective Services For Older AdultsDecember 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. The proposed amendments were published as proposed rulemaking in the Pennsylvania Bulletin on November 27, 1999. Second and third drafts of amendments were prepared based on comments received and second and third rounds of meetings were held with stakeholders. The Final Rulemaking package will be completed by July-01. Robert Hussar
(717) 783-6207PA Code Title VI Chapter 21
Domiciliary Care Services for AdultsOctober 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) 783-6207PA Code Title VI Chapter 3
Fair Hearings and AppealsSeptember 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) 783-6207AGRICULTURE Agricultural Conservation Easement
Purchase ProgramAugust 2001, as proposed. Act 138 of 1998 and Act 14 of 2001 amended the Agricultural Area Security Law. The regulations at 7 Pa. Code Chapter 138e must be revised to implement these statutory changes. Raymond Pickering
(717) 783-3167Consolidation/Update of Retail Food
Store RegulationsJuly 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) 772-3234Agricultural Security Areas October 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 September 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) 772-3234Amusement Rides September 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 December 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 October 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) 772-5206Fruit Tree Improvement Program November 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) 787-5609Certification of Virus-Tested Geraniums September 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) 787-5609Dog Law September 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 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) 787-4833Dog Law--Lifetime Licenses July 2001, as proposed House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. We are amending 7 Pa. Code §§ 21.51--21.57 to allow the Department to implement the use of micro-chipping for lifetime dog licenses. Richard Hess
(717) 787-4833Domestic Animals December 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) 772-2852Aquaculture Development October 2001, as proposed. The Aquacultural Development Law requires the Department to develop an ''Aquaculture Development Plan'' through regulation. Leo Dunn
(717) 783-8462Pseudorabies Disease
7 Pa. Code Chapter 10September 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) 772-2852BANKING
Continuing education regulations for residential first mortgage lender and broker industry. December 2001, as final. 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 three 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) 787-1471BUDGET
Fiscal Notes
4 Pa. Code Chapter 7, Subchapter RAugust 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 145Fall 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) 720-7314Certified Provider Fall 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) 720-7314COMMISSION ON CRIME AND DELINQUENCY
Constables' Education
and Training Board--
New Chapter
431 to Title 37 Pa. CodeAugust 2001, as final To implement the authority of Act 1994-44, 42 Pa.C.S.A. §§ 2944--2948, as to program content and administration of basic training and continuing education, standards for qualification to carry firearms in the performance of constable duties, and qualification for schools and instructors. Stephen Spangenberg
(717) 705-3693
ext. 3040Deputy Sheriffs' Education and Training Board--Amendments to 37 Pa. Code Chapter 421 November 2001, as final 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) 705-3693l 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 211September 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. 3210Commission on Crime and Delinquency--Amendments to 37 Pa. Code Chapter 401 (General Provisions), Chapter 405 (Grant Management) and Chapter 407 (Administrative Proceedings) November 2001, as final-omitted. 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 3034CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants December 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 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. Chris Firestone,
Mike Lester and
Dan Devlin
(717) 783-3227State Parks
Rules and RegulationsOctober 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) 783-3303State Forest Picnic Area
Rules and RegulationsDecember 2001, as proposed. General State Forest rules and regulations were updated in 1998. Chapter 23 pertaining to State Forest Picnic Areas needs to be updated and revised to conform with Title 17 general regulation changes. Bill Slippey
(717) 783-7941CORRECTIONS Revisions to regulations governing the Department, 37 Pa. Code Chapters 91 and 93. Fall 2001, as final. The purpose of the revisions 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 Secretary of Corrections the authority to prescribe regulations for the Department that are not inconsistent with law. John S. Shaffer,
Ph.D.
(717) 975-4998Revisions to the regulations governing county correctional facilities, 37 Pa. Code Chapter 95. Winter 2001, as proposed. The regulations will be revised to eliminate unnecessary regulations and modernize necessary regulations. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Secretary of Corrections the authority to prescribe regulations for county correctional institutions that are not inconsistent with law. William M. Reznor
(717) 975-4876EDUCATION
22 Pa. Code
Chapter 155--Board of State College and University Directors--Personnel
Chapter 161--School Administrators Handbook
Chapter 181--Mentally Retarded
Exceptional Children
Chapter 251--Postsecondary Education Planning Commission--Rules & Regulations
Chapter 329--Computation of SubsidyAugust 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.
Chapter 161--Statutory authority for this chapter is 71 P. S. § 352.
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--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 resolution of March 15, 1974.
Chapter 329--This chapter provided procedures for calculating the instruction subsidy described in Sections 2502, 2502.5 and 2502.6 of the School Code.Ernest Helling
(717) 787-5500Pupil Personnel Services, Attendance and Students
22 Pa. Code, Chapters 7, 11, 12November 2001, as proposed. These regulations define the elements of student services programs, delineate the rights and responsibilities of students and establish provisions regarding school attendance. Specific revisions are necessary to make the regulations consistent with current statute and court decisions as well as current practices in student services. These regulations are promulgated under the 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) 787-3787Special Education Services and Programs
22 Pa. Code, Chapter 14 and
22 Pa. Code, Chapter 342June 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) 787-3787Higher Education General Provisions, Foreign Corporation Standards, Institutional Approval, Program Approval
22 Pa. Code, Chapters 31, 36, 40, 42September 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) 787-3787Certification of Professional Personnel
22 Pa. Code, Chapter 49September 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) 787-3787Charter School Services and Programs for Children With Disabilities
22 Pa. Code, Chapter 711June 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) 705-2343Charter School Services, General Provisions September 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) 705-2343Academic Standards (Science & Technology, Environment & Ecology) 22 Pa. Code, Chapter 4 November 2001, as final. 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) 787-3787Academic Standards (Civics and Government, Economics, Geography and History; Arts and Humanities; Family and Consumer Science; Health, Safety and Physical Education)
22 Pa. Code, Chapter 4December 2001 as proposed. Chapter 4 sets forth requirements for instruction, graduation, strategic planning, and assessment based on academic standards. These additional sets of standards will revise Chapter 4 by their inclusion. These regulations are promulgated under the 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) 787-3787General Provisions--State Board of Private Licensed Schools
22 Pa. Code, Chapter 73September 2001, as final. 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) 783-8228General Vocational Education Standards
22 Pa. Code, Chapter 339September 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) 787-553022 Pa. Code, Chapter 191 August 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) 783-655622 Pa. Code, Chapters 233
and 237
Professional Standards and Practices Commission
By-laws; DefinitionsJanuary 2001, the Commission began reviewing the current policy statements and regulations and will propose amendments to ensure conformity with the amend-ments of the Act. 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) 787-657622 Pa. Code, Chapter 21
School FacilitiesNovember 2001, as proposed. Proposed revisions to State Board of Education regulations on school facilities. Carle Dixon Earp
(717) 787-5480EMERGENCY MANAGEMENT AGENCY
4 Pa. Code Chapter 118
''Reductions of Major Water Use in the Delaware River Basin Drought Emergency Area''August 2001, as final. Needed to improve and streamline administration of regulations. Mark Goodwin
(717) 651-20104 Pa. Code Chapter 119
''Prohibition of Nonessential Water Uses in a Commonwealth Drought Emergency''August 2001, as final. Needed to improve and streamline administration of regulations. Mark Goodwin
(717) 651-20104 Pa. Code Chapter 120
''Local Water Rationing Plans''August 2001, as final. Needed to improve and streamline administration of regulations. Mark Goodwin
(717) 651-20104 Pa. Code Chapter 119a ''Philadelphia Drought Water Emergency Plan'' August 2001, as final. Regulations are outdated and no longer needed. Mark Goodwin
(717) 651-2010ENVIRONMENTAL HEARING BOARD
25 Pa. Code Chapter 1021 Fall 2001, as proposed. The Environmental Hearing Board (Board) and its Procedural Rules Committee (Rules Committee) are proposing new rules and amendments to the Board's existing rules of practice and procedure relating to the following: 1) electronic filing and service of legal documents; 2) withdrawal of appearance by counsel; 3) number of copies of documents to be filed with the Board; 4) attachment of proposed orders to motions and responses; 5) discovery; 6) reconsideration; and 7) composition of the certified record on appeal to the Commonwealth Court. In addition, the Board is proposing a reorganization of its rules of practice and procedure in order to make the rules more user-friendly for practitioners before the Board. In addition, the Board and Rules Committee are considering revisions to rules relating to the following: 1) dispositive motions; 2) applications for award of attorney's fees and costs; and 3) special actions. The Board and Rules Committee intend to propose regulations relating to one or more of these subjects during the year 2001or 2002. The legal basis for these regulations is section 5 of the Environmental Hearing Board Act (35 P. S. § 7515). George J. Miller
(610) 896-9836
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