NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[33 Pa.B. 3186] 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 fourteenth 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
ConsideredProposed Date
of PromulgationNeed 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 Centers
June 2004, as proposed. This regulation is being reviewed for coordination with regulations from DPW and DOH. Review is also occurring as a result 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 3 Fair Hearings and Appeals September 2004, 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. Robert Hussar
717-783-6207PA Code Title VI Chapter 21 Domiciliary Care Services for Adults December 2004, as proposed. A review of these regulations will be conducted in order to assure consistency with the Adult Residential Facilities initiative being led by the Department of Public Welfare. Robert Hussar 717-783-6207 AGRICULTURE
Domestic Animal September, 2003, 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, VMD (717) 772-2852 Cervidae December, 2003, as proposed. Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate cervidae livestock operations. John Enck, VMD (717) 772-2852 Animal Exhibition Sanitation December, 2003, as proposed. Act 190 of 2002 amended the Domestic Animal Law to require the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement. John Enck, VMD (717) 772-2852 Agricultural Conservation Easement Purchase Program/Agricultural Security Areas July, 2003, as final. 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. This regulation would also replace the outdated regulations at 7 Pa. Code Chapter 138, relating to agricultural security areas. Mary Y. Bender
(717) 783-3167The Food Code August, 2003, as final. 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) and the Public Eating and Drinking Places Law (35 P. S. §§ 655.1--655.13) form the statutory basis for this regulation. Sheri Dove
(717) 772-8353Maple Products December, 2003, 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 September, 2003, 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). Kent Shelhamer (717) 787-6772 Harness Racing Commission December, 2003, 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) 787-5196 Land application of soil and groundwater contaminated with agricultural chemicals October, 2004, as final. 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. Vance R. Wagner (717) 772-5210 Fruit Tree Improvement Program November, 2004, 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) 772-5222 Pesticide Regulations February, 2004, as proposed. This regulation will amend 7 Pa. Code Chapter 128 and is necessary to update current regulations, to make them more user friendly, address pesticide security issues, set minimum certification age requirements, dealer licensing, and changes in federal pesticide registration changes. David Scott (717) 772-5214 Certification of Virus-Tested Geraniums September, 2004, 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) 772-5222 Chemsweep Regulations June, 2003, as final proposed omitted. This regulation will amend 7 Pa. Code Chapter 128b to expand the pesticide disposal program which has been limited to agricultural pesticide products. The amendment will include all Commonwealth citizens who are in possession of cancelled, unused or suspended pesticides. Phillip M. Pitzer (717) 772-5206 Dog Law November, 2003, 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. Rick Burd
(717) 787-4833Dog Law--Lifetime Licenses Published as final in the March 15, 2003 edition of the Pennsylvania Bulletin. 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. Rick Burd
(717) 787-4833Aquaculture Development Published as final in the January 25, 2003 edition of the Pennsylvania Bulletin. The Aquacultural Development Law requires the Department to develop an ''Aquaculture Development Plan'' through regulation. Leo Dunn
(717) 783-8462Pasteurized Milk ''Sell by'' Date July, 2003, as final. This will extend the maximum ''sell-by'' date for pasteurized milk by three days, from its current 14 days from the date of pasteurization to 17 days from date of pasteurization. James Dell
(717) 787-4316BANKING
No regulations being developed or considered at this date.
BOARD OF PARDONS
No regulations being developed or considered at this date. COMMUNITY AND ECONOMIC DEVELOPMENT
Industrialized Housing and Components
12 Pa. Code Chapter 145 (final regulation)Summer 2003 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 (proposed new regulation) Summer 2003 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 Office of Victims' Services, Victims Compensation Program (formerly Crime Victim's Compensation Board)--Deletion of 37 Pa. Code Chapter 191, replacement with new Chapter 411 September 2003, 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 subsequent legislation, including Act 1998-111 and its relocation of the Crime Victims Act to Purdon's Statutes Title 18, and Act 85 of 2002. Lynn Shiner
(717) 783-5153 ext. 3210CONSERVATION AND NATURAL RESOURCES
Conservation of Native Wild Plants (Chapter 45) Publish proposed rulemaking June 2004. 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 717-783-3227 State Forest Picnic Area Rules and Regulations (Chapter 23) Final rulemaking published January 4, 2003. 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 717-783-7941 Snow and All Terrain Vehicle Registration and Operations (Chapter 51) Proposed rulemaking published September 2002. Final rulemaking October 2003. This chapter needs to be updated to implement recent amendments to Chapter 77 of the Vehicle Code and to reflect the Department's current registration and titling procedures. Bill Slippey 717-783-7941 Bureau of Forestry (Recreation)
Lynn Loudenslager 717-783-3751 Bureau of Administrative Services (Registration and Titling)CORRECTIONS
Revisions to regulations governing the Department, 37 Pa. Code Chapters 91, 93 and 94. Fall, 2003 as proposed The regulations will be revised to eliminate unnecessary regulations and 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 regulations governing county correctional facilities, 37 Pa. Code Chapter 95. Fall, 2003 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. J. D. Shutt
(717) 731-7111EDUCATION Pupil Personnel Services, Attendance and Students 22 Pa. Code, Chapters 7, 11, 12 July 2003, 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. 24 P. S. §§ 1-101---27-2702. Patricia White (717) 787-3787 Higher Education General Provisions, Foreign Corporation Standards, Institutional Approval, Program Approval
22 Pa. Code, Chapters 31, 36, 40, 42February 2004, 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. 24 P. S. §§ 1-101--27-2702. Frank Meehan (717) 787-5041 Certification of Professional Personnel
22 Pa. Code, Chapter 49January 2004, 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. Patricia White (717) 787-3787 Academic Standards (Appendix E, Career Education and Work)
22 Pa. Code, Chapter 4July 2003, as final. Chapter 4 sets forth requirements for instruction, graduation, strategic planning, and assessment based on academic standards. This additional set of standards will revise Chapter 4 by their inclusion. These regulations are promulgated under the authority of the Public School Code of 1949. 24 P. S. §§ 1-101---27-2702. Patricia White (717) 787-3787 General Vocational Education Standards
22 Pa. Code, Chapter 339July 2003, 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, regarding Vocational Education, and section 2502.8, regarding 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 21 School Facilities Regulations under review for possible action in late 2003 or early 2004 Proposed revisions to State Board of Education regulations on school facilities. Patricia White (717) 787-3787 Standards for Approved Private Schools
22 Pa. Code Chapter 171 Subchapters A and BThe Secretary intends to submit revised standards in the Regulatory Review Process in 2003 since the current standards are outdated. The revised standards will reflect the changes in Chapter 14 and IDEA. These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). These standards contain general provisions and allowable expenses and costs. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, PL 30, No. 14, March 16, 1949, P. S. Section 1-101, et. Seq. Richard Price (717) 783-6882 Regulations of the State Board of Private Academic Schools
22 Pa. Code Chapters 51, 53, 55, 57, 61 and 63The Board intends to release draft revisions for public comment in 2003. These regulations define the requirements for obtaining licensure as a Private Academic School. The Board plans to update the regulations, which were promulgated in 1988. The regulations are promulgated under the Authority of the Private Academic Schools Act (24 P. S. section 6701 et. Seq.) Eugene Heyman (717) 783-5146 Chapter 14--Special Education Services and Programs--State Board of Education Regulations July 2003, as proposed. The U. S. Department of Education provides federal funds to assist States' provision of services under the Individuals with Disabilities Education Act (Part B). A grant is available to the State Education Agency provided the State is able to demonstrate there are rules consistent with the federal regulations 934 CFR (Part 300). The proposed rule change at 14.162 which eliminates the words, an initial educational placement, will allow Pennsylvania's regulations to be consistent with the federal regulations at 34 CFR 300.505(b). Patricia White (717) 787-3787 Academic Standards and Assessment, 22 Pa. Code Chapter 4 December 2003, as proposed. These regulations outline state academic standards that public schools must provide instruction to bring students up to proficiency and also provides for the Pennsylvania System of School Assessment, high school graduation requirements and requirements for credentials other than the high school diploma Patricia White (717) 787-3787 Regulations of the State Board of Private Licensed Schools
22 Pa. Code Chapter 73September 2003, as proposed. These regulatory changes reduce the records requirements for schools, amend the definition of seminar to remove reference to entry level training, requires attendance at an orientation seminar prior to submission of an application for licensure, authorizes the Board to reject applications for licensure or program approval if the names of the school or the programs are misleading, mandates the maintenance of a surety bond throughout the period of licensure, requires payment of program application fees if more than one program is submitted with a new license application, and provides clarification of wording and policy. Patricia Landis (717) 783-8228 EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time. ENVIRONMENTAL HEARING BOARD Code Title 25 Chapter 1021 Practice and Procedure Because the Environmental Hearing Board's rules of practice and procedure were significantly revised and reorganized in 2002, the Board does not anticipate submitting further proposed rulemaking in 2003 The Environmental Hearing Board Rules Committee has recommended the following revisions to the Board's rules of practice and procedure: 1) 1021.2 (Definitions)--Amend the definition of ''Department'' from ''Department of Environmental Resources'' to ''Department of Environmental Protection'' to reflect the agency's current title. 2) 1021.31(a) (Filing)--Amend to allow parties to file documents in the Board's Pittsburgh office. 3) 1021.33(b) (Service by a party)--Amend to require service on other parties by overnight delivery where filing with the Board is by overnight mail or personal service. 4) 1021.82 (Prehearing memorandum)--Amend to require that copies of exhibits be attached to the prehearing memorandum as well as ''such other information as may be required in the Board's orders.'' Mary Anne Wesdock 412-565-5245
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