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PA Bulletin, Doc. No. 06-1444

RULES AND REGULATIONS

Title 12--COMMERCE, TRADE AND LOCAL GOVERNMENT

DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT

[12 PA. CODE CH. 147]

Building Energy Conservation Standards

[36 Pa.B. 4002]
[Saturday, July 29, 2006]

   The Department of Community and Economic Development (Department), under section 306 of the Community and Economic Development Enhancement Act (71 P. S. § 1709.306), rescinds Chapter 147 to read as set forth in Annex A.

Introduction

   Chapter 147 established administrative procedures and energy conservation standards for the implementation of the Building Energy Conservation Act.

Analysis

   Chapter 147 is outdated and no longer consistent with current law. The Building Energy Conservation Act has been repealed and replaced by the Pennsylvania Construction Code Act (35 P. S. §§ 7210.101--7210.1103). Therefore, Chapter 147 is unnecessary.

Fiscal Impact

   Commonwealth. There will be no fiscal impact on the Commonwealth.

   Political subdivisions. There will be no fiscal impact on political subdivisions.

   Public. There will be no fiscal impact on the public.

Paperwork

   The rescission of Chapter 147 eliminates paperwork requirements currently in existence.

Notice Proposed Rulemaking Omitted

   Notice of proposed rulemaking has been omitted under section 204(2) and (3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(2) and (3)), known as the Commonwealth Documents Law (CDL), which specifies that a regulation may be adopted without notice of proposed rulemaking if proposed rulemaking procedures are ''in the circumstances impracticable, unnecessary, or contrary to the public interest'' or if they relate to ''Commonwealth property, loans, grants, benefits or contracts.'' The proposed rulemaking procedures in this instance is unnecessary because the existing regulation is outdated and no longer consistent with current law.

Regulatory Review

   Under section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)), on May 23, 2006, the Department submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Commerce Committee and the Senate Community and Economic Development Committee. A copy of this material is available to the public upon request.

   Under section 5.1(j.2) of the Regulatory Review Act, on July 5, 2006, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on July 6, 2006, and approved the final-omitted rulemaking.

Effective Date/Sunset Date

   The final-omitted rulemaking will be effective upon publication in the Pennsylvania Bulletin. A sunset date is not applicable because the regulations are being repealed.

Contact Person

   Interested persons are invited to submit in writing comments, suggestions or objections regarding the final-omitted rulemaking to Matthew Speicher, Assistant Counsel, Office of Chief Counsel, Department of Community and Economic Development, Commonwealth Keystone Building, 4th Floor, 400 North Street, Harrisburg, PA 17120, (717) 720-7317; or Mark Conte, Chief, Housing Standards Division, Office of Community Development, Department of Community and Economic Development, Commonwealth Keystone Building, 4th Floor, 400 North Street, Harrisburg, PA 17120, (717) 720-7416.

Findings

   The Department finds that:

   (1)  The proposed rulemaking procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) are inapplicable because they are unnecessary as the existing regulations are outdated and no longer consistent with current law.

   (2)  Public notice of intention to rescind the regulations has been omitted under section 204 of CDL and the regulation promulgated thereunder, 1 Pa. Code § 7.4.

   (3)  Delay in implementing the rescission will have a serious adverse impact on the public interest.

Order

   The Department, acting under the authorizing statute, orders that:

   (a)  The regulations of the Department, 12 Pa. Code Chapter 147, are amended by deleting §§ 147.1, 147.1a, 147.2--147.8, 147.17--147.23, 147.31--147.33, 147.34a, 147.41 and 147.42 to read as set forth in Annex A.

   (b)  The Department shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality as required by law.

   (c)  This order shall take effect upon publication in the Pennsylvania Bulletin.

DENNIS YABLONSKY,   
Secretary

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 3919 (July 22, 2006).)

   Fiscal Note: 4-86. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 12.  COMMERCE, TRADE AND LOCAL GOVERNMENT

PART V.  COMMUNITY AFFAIRS AND DEVELOPMENT

Subpart C.  COMMUNITY DEVELOPMENT AND HOUSING

CHAPTER 147.  (Reserved)

§ 147.1.  (Reserved).

§ 147.1a.  (Reserved).

§§ 147.2--147.8.  (Reserved).

§§ 147.17--147.23.  (Reserved).

§§ 147.31--147.33.  (Reserved).

§ 147.34a.  (Reserved).

§ 147.41.  (Reserved).

§ 147.42.  (Reserved).

[Pa.B. Doc. No. 06-1444. Filed for public inspection July 28, 2006, 9:00 a.m.]


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