PROPOSED RULEMAKING
STATE BOARD OF LANDSCAPE ARCHITECTS
[ 49 PA. CODE CH. 15 ]
Fees—Landscape Architect
[40 Pa.B. 623]
[Saturday, January 30, 2010]The State Board of Landscape Architects (Board) proposes to amend § 15.12 (relating to fees) to read as set forth in Annex A. The proposed rulemaking would increase the biennial license renewal fees for landscape architects from $125 to $194.
Effective Date
The proposed rulemaking will be effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin. The new biennial renewal fees will take effect for the biennial period commencing June 1, 2011.
Statutory Authority
Section 5(a) of the Landscape Architects' Registration Law (act) (63 P. S. § 905(a)) requires the Board to increase fees by regulation to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to match expenditures over a 2-year period.
Background and Need for Amendment
Under section 5(a) of the act, the Board is required by law to support its operations from the revenue it generates from fees, fines and civil penalties. In addition, the act provides that the Board must increase fees if the revenue raised by fees, fines and civil penalties is not sufficient to meet expenditures over a 2-year period. The Board raises virtually all of its revenue through biennial renewal fees. The biennial renewal fee has not been increased since 1983. It currently stands at $125.
At the March 12, 2009, Board meetings the Department of State's Bureau of Finance and Operations (BFO) staff presented a summary of the Board's revenue and expenses for Fiscal Years (FY) 2006-2007 and 2007-2008, and projected revenue and expenses through 2017-2018. BFO projects that, without an increase to the biennial renewal fee, the Board will incur a deficit of $37,849.33 in FY 2011-2012, a deficit of $22,849.33 in FY 2012-2013, a deficit of $95,849.33 in FY 2013-2014, a deficit of $86,849.33 in FY 2014-2015, a deficit of $165,849.33 in FY 2015-2016, a deficit of $162,849.33 in FY 2016-2017, and a deficit of $247,849.33 in FY 2017-2018. These deficits are significant for a Board that has less than 1,000 licensees, and annual expenditures of less than $100,000 most years. BFO recommended that the Board raise fees to meet or exceed projected expenditures, in compliance with section 5(a) of the act. As a result, the Board voted to increase the biennial renewal fee from $125 to $194. BFO anticipates that the proposed new biennial renewal fees will enable the Board to avoid the projected deficits and meet its estimated expenditures for years to come. The Board has a stable population base of landscape architects and a low adjudicatory docket.
Description of Proposed Amendments
Based upon the previous expense and revenue estimates provided to the Board, the Board proposes to amend § 15.12 to increase the fee for biennial renewal of licenses for landscape architects from $125 to $194.
Fiscal Impact
The proposed rulemaking will increase the biennial renewal fee for landscape architects by $69 or approximately $35 per year. There are currently 989 actively licensed landscape architects. The proposed rulemaking should have no other fiscal impact on the private sector, the general public or political subdivisions.
Paperwork Requirements
The proposed rulemaking will require the Board to alter some of its forms to reflect the new biennial renewals fees; however, the proposed rulemaking should not create additional paperwork for the private sector.
Sunset Date
The act requires the Board to monitor its revenue and costs on a FY and biennial basis. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 14, 2010, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of any comments, recommendations and objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Christopher Grovich, Board Counsel, State Board of Landscape Architects, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
JAMES W. BARNES, L. A.,
ChairpersonFiscal Note: 16A-619. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 15. STATE BOARD OF LANDSCAPE ARCHITECTS
APPLICATION PROCEDURES § 15.12. Fees.
Following is the schedule of fees charged by the Board:
* * * * * Biennial registration fee $ [125] 194
* * * * *
[Pa.B. Doc. No. 10-184. Filed for public inspection January 29, 2010, 9:00 a.m.]
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