NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[27 Pa.B. 630]

   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 second 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 Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
ADMINISTRATION
No regulations being developed or considered at this date.
AGING
Pa. Code Title VI Chapter 11 Older Adult Daily Living Centers	July 1997, as proposed.	This regulation is in the process of review by interested parties. The review is occurring as a result of Executive Order 1996-1.	Robert Hussar 717-783-8975
Pa. Code Title VI Chapter 22 Pharmaceutical Assistance Contract For the Elderly	December 1997, as proposed.	This regulation is in the process of review as a result of Executive Order 1996-1 and the recent passing of House Bill 544, Act 134 of 1996.	Robert Hussar 717-783-8975
Pa. Code Title VI Chapter 21 Domiciliary Care Services for Adults	December 1997, as proposed.	This regulation is in the process of review by interested parties. The review is occurring as a result of Executive Order 1996-1.	Robert Hussar 717-783-8975
Pa. Code Title VI Chapter 15 Protective Services For Older Adults	December 1997, as proposed.	This regulation is being reviewed as a result of Executive Order 1996-1 and the recent passing of House Bill 304 which is Act 169 of 1996.	Robert Hussar 717-783-8975
AGRICULTURE
Tuberculosis/Brucellosis 7 Pa. Code Chapters 3, 5, 7, 8, 9	March 1997, as final.	This regulation would delete certain tuberculosis and brucellosis testing and documentation requirements currently imposed upon owners or transporters of cattle, goats and bison. Elimination of these diseases in the Commonwealth has reduced the necessity of testing. This regulation will facilitate intrastate commerce of these animals, and will allow the Department to redirect its resources more efficiently. Section 1702 of the Administrative Code of 1929 (71 P. S.§ 442) comprises the statutory basis for the regulation.	Dr. Phillip DeBok (717) 783-8300
Agricultural Conservation Easement Purchase Program 7 Pa. Code Chapter 138e	December 1997, as final.	The regulation will address agricultural conservation easement appraisal standards, minimum criteria for easement purchases, procedures by which counties assign a numerical ranking to applicant farmland owners, subdivision procedures and requirements for land under easement and procedures by which individual county easement purchase programs may be recertified by the State Agricultural Land Preservation Board.	Raymond Pickering (717) 783-3167
''Clean and Green'' Regulations 7 Pa. Code Chapter 137	June 1998, as proposed.	County Assessors have primary enforcement authority under the ''Clean and Green'' Act (72 P. S. §§ 5490.1--5490.13), and favor a revision of current regulations to promote uniform and consistent interpretation and enforcement of the Act statewide. The current regulations have not been revised in 15 years. The Pennsylvania Farmland and Forest Land Assessment Act of 1974, known commonly as the ''Clean and Green'' Act (72 P. S. §§ 5490.1--5490.13) is the statutory basis for the regulation.	Raymond Pickering (717) 783-3167
Consolidation/Update of Retail Food Store Regulations	December 1997, 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.	Charles Radle (717) 772-3234
Maple Products	June 1998, 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.	Charles Radle (717) 772-3234
Harness racing commission	September 1998, 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.	Richard Sharbaugh (717) 787-5196
Horse racing commission.	No publication anticipated in next 12 months.	This commission plans an update of its regulatory authority (at 58 Pa. Code Chapters 161, 163, 165, 167, 171 and 173), for the same general reasons and on the basis of the same statutory authority cited by the Harness Racing Commission, above.	Ben Nolt (717) 787-1942
Bureau of Market Development. Standards for Grading Veal Calves.	September 1997, as proposed.	The regulation would bring the Commonwealth's standards for grading veal calves into conformity with USDA standards. The regulation would amend current regulatory authority at 7 Pa. Code Chapter 101 by deleting standards for grading veal calves and adopting USDA standards by reference.	Richard McDonald (717) 787-5319
Plant Industry Regulations
Land application of soil & groundwater contaminated with agricultural chemicals.	January 1998, 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.	David Bingaman (717) 787-4843
Farm Safety and Occupational Health Grant Program.	February 1997, as proposed.	This regulation is needed to replace an existing statement of policy published in the March 16, 1996 Pa. 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.	John Tacelosky (717) 787-4843
Fruit Tree Improvement Program.	December 1997, 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 1997, 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) 787-5609
Noxious Weeds	March 1997, as final.	This regulation is necessary to remove Chichorium intybus (''Chicory''), a valuable forage crop for cattle, from the noxious weed control list and to add Lythrum salicaria (''Purple loosestrife''), a nonindigenous wetland plant, to that list. This regulation was published in proposed form at 26 Pa.B. 1558 (April 6, 1996). The regulation will allow the Secretary to address the problems caused by purple loosestrife, a nonindigenous wetland plant that clogs waterways and crowds out native plant and animal species.	Lyle Forer (717) 772-5203
Dog Law	June 1998, 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
Rides and Measurement Standards	July 1998, as proposed.	Senate Bill 509 of 1996 was enacted into law as the Consolidated Weights and Measures Act at 3 Pa.C.S. §§ 4101--4193). This statute will necessitate regulatory revisions. This regulation is a long-term project intended to update regulatory authority. The Consolidated Weights and Measures Act (3 Pa.C.S. §§ 4101--4193) is the statutory basis for the regulation.	Charles Bruckner (717) 787-6772
BANKING
Pawnbrokers License Act regulations.	March 1997, as proposed.	The amendments to the Pawnbrokers License Act, 63 P. S. § 281-1 et seq., require that the Department hold a hearing regarding all initial pawnbroker applications, add grounds pursuant to which an application may be rejected, require newspaper publication of notice of renewal applications, permit charges to cover reporting relating to any pledge required by any governmental unit. The amendments also require that regulations shall include minimum start-up and operating capital requirements, annual report filing requirements, and any other financial record- keeping requirements. The regulations for capital requirements are required by statute. The major additional regulations needed would establish and announce the procedure and requirements related to initial pawnbroker application hearings.	Reginald Evans (717) 787-1471
Credit Services Act regulations.	March 1997, as proposed.	Section 8 of the Act, 73 P. S. § 2188, provides that loan brokers shall be registered with the Department of Banking pursuant to regulations promulgated by the Department. The annual registration fee is $300. The regulations are required by the statute in order to establish and announce the regulatory registration procedure applicable to loan brokers.	Valentino DiGiorgio (717) 787-1471
Secondary Mortgage Loan Act regulations.	No publication anticipated in next six months.	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 and brokers under the SMLA.	Laurie Schnarrs (717) 787-1471
''Incidental Powers'' regulations under the Banking Code of 1965.	No publication anticipated in next six months.	Section 315(i) of Banking Code of 1965, as amended (''Banking Code''), 7 P. S. § 315(i), provides Pennsylvania state-chartered banks with ''all powers incidental to the conduct of banking business.'' Section 103(b) of the Banking Code, 7 P. S. § 103(b), provides authority for the Department to promulgate regulations. Due to numerous developments in the banking industry, the Department is evaluating the need for regulatory guidance to be provided to the banking industry that would list incidental powers and provide the ability to apply to the Department for determinations of possible additional incidental powers.	Laurie Schnarrs (717) 787-1471
Consumer Discount Company Act regulations.	No publication anticipated in next six months.	The Department will evaluate the need to amend existing regulations for the Consumer Discount Company Act, 7 P. S. § 6201 et seq., which was most recently amended by Act 80 of 1996.	Valentino DiGiorgio (717) 787-1471
Money Transmitters License Act regulations.	No publication anticipated in next six months.	The Department will evaluate the need to amend existing regulations for the Money Transmitters License Act, 7 P. S. § 6101 et seq., which was most recently amended by Act 79 of 1996.	Valentino DiGiorgio (717) 787-1471
Motor Vehicle Sales Finance Act regulations.	No publication anticipated in next six months.	The Department will evaluate the need to amend existing regulations for the Motor Vehicle Sales Finance Act, which was most recently amended by Act 122 of 1996.	Laurie Schnarrs (717) 787-1471
Repeal of Various Regulations in 10 Pa. Code .	March 1997, as proposed.	The Pennsylvania Department of Banking, under the authority contained in sections 201 and 202 of the Department of Banking Code, as amended, 71 P. S. §§ 733-201; 733-202, section 103 of the Banking Code of 1965, as amended, 7 P. S. § 103, and section 12 of the Consumer Discount Company Act, 7 P. S. § 6212, proposes to eliminate the following regulations: 10 Pa. Code §§ 13.2(b),(c); 13.3(b); 41.3(i); Chapter 11; Chapter 17; Chapter 35.	Valentino DiGiorgio (717)787-1471
BOARD OF PARDONS
Board Operating Procedure 37 Pa. Code, Chapter 8	April 1997, as proposed.	The regulations are being reviewed and revised to comply with Acts of 1995, Special Session 1, Nos. 15 & 16, and to reflect the current practices of the Board in regulation.	Nelson Zullinger (717) 787-2596
BUDGET
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Site Development Program 13 Pa. Code Chapter 9	Spring 1997, as proposed.	All of these regulations are being repealed within one proposed regulation, because the programs are either obsolete or unnecessary.	Jill B. Busch (717) 720-7314
Communities Facilities Program 13 Pa. Code Chapter 11
Site Recovery Program 13 Pa. Code Chapter 13
Statistics and Information 13 Pa. Code Chapter 41
Nursing Home Loan Agency Program 13 Pa. Code Chapter 53
Sunny Day Program 13 Pa. Code Chapter 71
Industrialized Housing and Components 16 Pa. Code Chapter 29	Spring 1997, as final.	The regulations will finalize the changes initiated in the proposed regulations, which sought to amend § 29.42 to permit manufacturers to utilize either the previous or new CABO stair geometry standards, and to amend §§ 29.41, 29.43, 29.44, 29.56 and 29.12 to clarify questions concerning those standards and alternate standards that are in effect for industrialized housing under the regulations and to clarity procedures for amending those standards and alternate standards.	Jill B. Busch (717) 720-7314
Private Activity Bonds	Spring 1997, as proposed.	This regulation will permit the Department of Community and Economic Development to publish as a notice in the Pennsylvania Bulletin the annual allocation of the state ceiling on the aggregate amount of private activity bonds that may be issued in each calendar year by or on behalf of the Commonwealth and its political subdivisions.	Jill B. Busch (717) 783-8452
COMMISSION ON CRIME AND DELINQUENCY
Constables Education and Training Board--Issuance and Certification Numbers	Fall 1997, as proposed.	The proposed new regulation: (1) will address when certification numbers will be issued to persons who successfully complete the basic training course, but are not yet constables and (2) when a constable will be placed in an inactive status.	Stephen Spangenberg (717) 787-1777
37 Pa. Code § 401.11-- Operating procedures	Fall 1997, as proposed.	The current regulation which specifies that the Commission will hold its regular meetings in the auditorium of the William Penn Memorial Museum in Harrisburg, Pennsylvania is obsolete. The proposed regulation will strike this language and will add that regular meetings will be held at locations as the Chairman may designate.	Richard Reeser (717) 787-8559
37 Pa. Code § 401.12--Conflict of Interest	Fall 1997, as proposed.	The proposed regulation amendment will change from ''LEAA funds'' to ''federal or state funds.'' This amendment is necessary because LEAA funds no longer exist.	Richard Reeser (717) 787-8559
37 Pa. Code § 405.3--Juvenile Justice Act Funding Transition	Fall 1997, as proposed.	This regulation will be deleted as it is now obsolete.	Richard Reeser (717) 787-8559
37 Pa. Code § 405.4	Fall 1997, as proposed.	This regulation will be deleted as it is no longer applicable due to a change in federal programs.	Richard Reeser (717) 787-8559
37 Pa. Code § 407.12-- Reconsideration procedure	Fall 1997, as proposed.	This regulation will be deleted as the Judicial Planning Committee no longer exists.	Richard Reeser (717) 787-8559
CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants	March 1997, 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	February 1997, as proposed.	This proposal is an update of existing regulations regarding conduct on State Forest land. The legal basis for these regulations is Section 301 of Act 18 of 1995. This update also includes changes to improve compliance where roads are closed to vehicular access, to provide for better protection of designated hiking trails, and to establish special activity agreements for commercial use of state forest roads.	Warren A. Ely (717) 787-2014
CORRECTIONS
Motivational Boot Camp Act 61 P. S. Section 1221 et seq.	August 1997, as proposed.	The regulations will address boot camp administration, establishment of selection committees, inmate selection criteria, programming and supervision, inmate discipline and staff training.	Ted Shumaker (717) 975-4865
Prison Medical Service Program	April 1997, as proposed.	The regulations are mandated by the Prison Medical Service Act, of May 16, 1996, Act No. 1996-40, and will enable the Department to require inmates to pay a fee for medical services. The regulations will describe the services which will and will not be subject to a fee, establish the fees and provide a mechanism for collection of the fees.	Ted Shumaker (717) 975-4865
Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code Chapter 95.	October 1997, as proposed.	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.	Ted Shumaker (717) 975-4865
EDUCATION
Pupil Personnel Services Pupil Attendance Students 22 Pa. Code Chapters 7, 11, 12	February 1997, as proposed.	These proposed revisions to existing chapters of regulations are necessary to align provisions of Chapter 12 in compliance with recently-enacted legislation and court decisions; to accurately reflect current practices; delete nonregulatory language; and eliminate non-regulatory provisions. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14) Article XXVI-B, Sections 26-2601-B--26-2606-B.	Peter Garland (717) 787-3787
Special Education Services and Programs 22 Pa. Code Chapter 14	September 1997, as proposed	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 review 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.	Peter Garland (717) 787-3787
School Buildings 22 Pa. Code Chapter 21	April 1997, as proposed.	These regulations are necessary to provide uniform standards and procedures for seeking Departmental approval in school building projects. The proposed revisions are necessary to provide clarification and to reflect current practice. These revisions are proposed 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) 787-3787
Higher Education General Provisions Foreign Corporation Standards Institutional Approval 22 Pa. Code Chapters 31, 36, 40	March 1997, as proposed.	These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions to Chapters 31 and 40 are necessary to clarify the intent of the chapters and to modify the time frame during which new institutions must achieve accreditation. 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) 787-3787
Branch Campuses for State-supported Institutions Program Approval 22 Pa. Code Chapters 34, 42	May 1997, as proposed.	These regulations are necessary to establish procedures for the approval of branch campuses and for the approval of programs offered by institutions. Review and revision are necessary to ensure that the regulations are consistent with current practice and terminology. 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) 787-3787
Extended School Year Services 22 Pa. Code, Chapter 14, §§ 14.1, 14.34 & Chapter 342, § 342.34	February 1997, as proposed.	These revisions are proposed under authority of the Public School Code of 1949 (P. L. 30, No. 14) Article XXVI-B, §§ 26-2601-B--26-2606-B. These amendments are necessary to ensure that Commonwealth regulations and standards are consistent with federal law and judicial decisions affecting extended school year services for eligible students and to provide guidance to local educational agencies when determining whether or not eligible students under Chapter 14 are entitled to extended school year services. Additional legal basis is found in 20 U.S.C. Section 1400 et seq. known as the Individuals with Disabilities Education Act, and implementing regulations at 34 CFR Part 300.	William Penn (717) 783-2311
Certification of Professional Personnel 22 Pa. Code Chapter 49	February 1997, as proposed.	These regulations and revisions are necessary to ensure that those individuals preparing to be teachers receive a quality education and are competent to teach in the disciplines and areas for which they are certified. 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) 787-3787
Private Driver Training Schools 22 Pa. Code Chapter 101	April 1997, as proposed.	These regulations provide an updated set of rules and regulations for private driver training schools. The current regulations were adopted in 1970.	Robert Roush (717) 783-6595
22 Pa. Code Chapter 335	February 1997, as final.	24 P. S. § 19-1913-A9(b)(1.2), which states in part that ''The Secretary of Education, in consultation with the community colleges, shall promulgate standards for credit courses and for noncredit courses that will be eligible for Commonwealth reimbursement. The standards shall specifically exclude from eligibility for reimbursement any course or program in a vocational or recreational pursuits.''	Barbara Senier (717) 787-4313
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this date.

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