NOTICES
GOVERNOR'S OFFICE
Regulatory Review
[28 Pa.B. 3127] 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 fifth 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
Older Adult Daily Living Centers
PA Code Title VI Chapter 11June 1998, as proposed. This regulation is in the process of revision to conform to the requirements of Acts 169-96 and 13-97 and has received final review by stakeholders. Review is occurring as a result of these Acts and of Executive Order 1996-1. Robert Hussar 717-783-6207 Protective Services For Older Adults
PA Code Title VI Chapter 15July 1998, as proposed. This regulation is being reviewed as a result of Executive Order 1996-1 and of Acts 169-96 and 13-97; it received initial review by stakeholders in May, 1998, and is being amended to incorporate stakeholder comments. Robert Hussar 717-783-6207 Domiciliary Care Services for Adults
PA Code Title VI Chapter 21September 1998, as proposed. This regulation is in the process of review by interested parties. Review is occurring as a result of Executive Order 1996-1. Robert Hussar 717-783-6207 Fair Hearings and Appeals
PA Code Title VI Chapter 3August 1998, as proposed. This regulation has been sent for initial review by stakeholders. Review is occurring as a result of Executive Order 1996-1. Robert Hussar 717-783-6207 AGRICULTURE
Agricultural Land Conservation
Assistance Grant Program
7 Pa. Code Chapter 138hSeptember 1998, as proposed. This regulation will amend current regulations to refine the criteria pursuant to which the Department awards grants for farmland protection projects of Statewide scope. Raymond Pickering (717)783-3167 ''Clean and Green'' Regulations
7 Pa. Code Chapter 137December 1998, as proposed. County Assessors have primary enforcement authority under the ''Clean and Green'' Act (72 P. S. Section 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. A statutory amendment may be forthcoming, and would affect the promulgation date of the regulations. Raymond Pickering
(717) 783-3167Consolidation/Update of Retail Food Store Regulations December 1998, 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. Section 20.1--20.18) is the statutory basis for this regulation. Charles Radle (717) 772-3234 Food Employee Certification
7 Pa. Code Chapter 83August 1998, as final. This regulation is required by the Food Employee Certification Act (3 Pa.C.S. §§ 6501--6510), and will establish standards for training of certain food industry personnel. Martha Melton (717) 782-8354 Maple Products December 1998, as proposed. This regulation is required by the Maple Products Act (3 Pa.C.S. Section 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) 787-5196Bureau of Market Development
Standards for Grading Veal CalvesSeptember 1998, 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) 787-5319Land application of soil and
groundwater contaminated with
agricultural chemicalsJune 1999, 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 September 1998, 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 1998, 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
GeraniumsSeptember 1999, 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 Swimming Pool Certification October 1998, as final-proposed omitted. This regulation will address the EPA's recent reclassification of chlorine as an ''anti-microbial'' rather than a pesticide. Since the substance is no longer considered a pesticide the Department will no longer regulate persons who apply it. John Tacelosky (717) 787-4843 Dog Law November 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 Weights, Measures and 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. The proposed regulation is currently under review at the Office of General Counsel. Charles Bruckner
(717) 787-6772BANKING
Secondary Mortgage Loan Act
regulations.Winter 1998, as proposed. 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 has evaluated the need for regulatory guidance to be provided to second mortgage residential lenders, brokers sponsoring brokers, and broker's agents under the SMLA. Laurie S. Kennedy
(717) 787-1471Amendments to the Leeway
Investments regulations for
Pennsylvania state-chartered banking institutions.Winter 1998, as proposed. The existing leeway investments regulations are located at 10 Pa. Code §§ 27.1--27.4 and have been effective since March 9, 1974. These regulations were promulgated pursuant to authority stated in sections 103(a), 307, 311(d)(vi), and 504(b)(x) of the Banking Code of 1965, as amended, 7 P. S. §§ 103(a), 307, 311(d)(vi), and 504(b)(x), and can be amended pursuant to the same statutory authority. Leeway investments are made by Pennsylvania state-chartered banks in stock, bonds, notes, or debentures of corporations formed to promote the public welfare and community development, expand the economy, or provide for social reform. The Department has evaluated the need for additional regulatory guidance in the context of modernizing leeway investment authority for Pennsylvania state-chartered banking institutions, including amending the parameters for Pennsylvania state-chartered banking institutions to make leeway investments. David H. Bleicken
(717) 787-1471''Other investments'' regulations for Pennsylvania state-chartered banking institutions. Winter 1998, as proposed. Sections 103(a) and 315(g) of the Banking Code of 1965, as amended, 7 P. S. §§ 103(a) and 315(g), provide authority for the Department to promulgate regulations to allow Pennsylvania state-chartered banking institutions to make investments not otherwise authorized by the Banking Code. The Department has evaluated the need for such regulatory guidance and authority in the context of modernizing investment authority for Pennsylvania state-chartered banking institutions. Reginald S. Evans
(717) 787-1471BUDGET
No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT
Certified Provider Fall 1998, 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. Russell C. Bellavance
(717) 783-8452Pennsylvania Industrial Development Authority
12 Pa. Code Chapter 73 (review for amending and deleting)Fall 1998, as proposed. The regulation will delete those portions of the existing regulation of the Pennsylvania Industrial Development Authority Board which ought to be in policies or guidelines rather than in regulation and, if any portion of the regulation remains, it will be brought current to comport with actual administration of the PIDA program. Gerald W. Kapp, Jr.
(717) 787-6245Commercial Motion Picture Sales; Tax Exemption Certificate
12 Pa.Code Chapter 33Fall 1998, as final. The regulation will prescribe a Pennsylvania Exemption Certificate (FORM REV-1220) as the form to be used by producers of commercial motion pictures, who are qualified to take advantage of the PA Sales and Use Tax exclusion provided by Section 204(54) of the Tax Reform Code of 1971. Jill B. Busch (717) 783-8452 COMMISSION ON CRIME AND DELINQUENCY
No regulations being developed or considered at this date. CONSERVATION & NATURAL RESOURCES Conservation of Native Wild Plants March 1998, 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) 787-3444State Forest Rules and Regulations June 1998, as final. 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 State Forest Picnic Areas Rules and Regulations April 1999, as proposed. This proposal is an update of existing regulations regarding conduct in State Forest Picnic Areas. The legal basis for these regulations is Section 301 of Act 18 of 1995. Warren A. Ely (717) 787-2014 CORRECTIONS
Motivational Boot Camp Act
61 P. S. Section 1221 et seq.June 1998, as proposed The regulations will address boot camp administration, establishment of selection committees, inmate selection criteria, programming and supervision, inmate discipline and staff training. Victoria S. Freimuth
(717) 975-4860Revisions to the existing regulations governing county correctional facilities
37 Pa. Code Chapter 95.June 1998, 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. William M. Reznor
(717) 975-4876Amendment of Media Relations regulations June 1998, as final. The regulations will be amended to enable members of the news media to communicate and visit with inmates under the same visitation policies which govern inmate communications with other members of the public Michael Lukins (717) 975-4862 EDUCATION
Pupil Personnel Services
Pupil Attendance
Students
22 Pa. Code, Chapters 7, 11, 12September 1998, 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 nonregulatory provisions. 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 Special Education Services and Programs
22 Pa. Code, Chapter 14November 1998, 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 21November 1998, 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, Program Approval
22 Pa. Code, Chapters 31, 36, 40, 42July 1998, 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) 787-3787 Branch Campuses for State- supported Institutions
22 Pa. Code, Chapters 34August 1998, as proposed. These regulations are necessary to establish procedures for the approval of branch campuses. 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 Academic Standards and Assessment
22 Pa. Code, Chapter 4July 1998, as proposed. These regulations are proposed to establish rigorous academic standards and assessments for the public schools of the Commonwealth. These proposed regulations are designed to replace current Chapters 3 (School Profiles), 5 (Curriculum) and 6 (Vocational 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) 787-3787 Gifted Education
22 Pa. Code, Chapter 16July 1998, as proposed. These regulations are proposed to establish separate rules for programs and services for gifted students apart from those established for other special needs students. Current special education regulations (Chapters 14 and 342) are largely driven by federal action. Gifted education is a state program. Separation of enabling regulations will permit greater efficiency and effectiveness in program operations. 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 Certification of Professional Personnel
22 Pa. Code, Chapter 49August 1998, as final. 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 General Standards for Preparation of Professional Educators
22 Pa. Code, Chapter 354November 1998, as proposed. These standards will provide general requirements for programs which prepare professional educators in the Commonwealth. Pennsylvania colleges and universities must meet these standards to obtain or retain Pennsylvania Department of Education approval to conduct professional educator programs leading to Pennsylvania certification. These regulations are being promulgated under authority of 22 Pa. Code, Chapter 49. Samuel Marcus (717) 783-6794 College and University Security
22 Pa. Code, Chapter 33August 1998, as proposed. These regulations govern the responsibility of institutions of higher education for the provisions of college and university security information and the collection and reporting of crime statistics. Revisions are necessary to incorporate provisions for the establishment of and access to daily campus crime logs. These regulations are promulgated under authority of the College and University Security Information Act (P. L. 443, No. 73)(24 P. S. § 2502-1 to 2502-5). Peter Garland (717) 787-3787 Program Standards and Eligibility Criteria for the Higher Education Opportunity Act
22 Pa. Code, Chapter 44September 1998, as final. These regulations establish program requirements and eligibility criteria for Act 101 programs in colleges and universities. Revisions are necessary to update eligibility criteria to reflect current income levels. These regulations are promulgated under authority of (P. L. 423, No. 101 § 3 and 4)(24 P. S. § 2510-303, § 2510-304). Peter Garland (717) 787-3787 Community Colleges
22 Pa. Code, Chapter 35September 1998, as proposed. These regulations govern the establishment and operation of community colleges and technical institutes. Revisions to reflect current practice are made in the formula calculating Full-Time Equivalent (FTE) Enrollments for reimbursement purposes. Peter Garland (717) 787-3787 EMERGENCY MANAGEMENT AGENCY
Radiation Emergency Response Fund
4 Pa. Code Chapter 116September, 1998, as proposed. Needed to simplify grant program. Mark Goodwin (717) 651-2010
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