NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[28 Pa.B. 5920] The Independent Regulatory Review Commission met publicly at 11:30 a.m., Thursday, November 19, 1998, and took the following actions:
Regulations Approved:
Department of Public Welfare #14-438: Subsidized Child Day Care Eligibility (amends 55 Pa. Code Chapters 165, 168, 183 and 3040)
Pennsylvania Securities Commission #50-112: Registration of Securities; Registration of Broker-Dealers; Agents and Investment Advisers; Administration (amends 64 Pa. Code Chapters 202, 206, 302, 606, 609 and 610)
Pennsylvania Public Utility Commission #57-190: Advanced Meter Deployment for Electricity (amends 52 Pa. Code Chapter 57)
State Board of Education #6-265: Academic Standards and Assessment (adds Chapter 4 to 22 Pa. Code)
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective November 6, 1998:
Insurance Department #11-172: Fees For Out-Of-State Companies (repeals Chapter 121 of 31 Pa. Code)
____ Commissioners Present: John R. McGinley, Jr., Chairperson--Dissenting; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli--Dissenting; Robert J. Harbison, III; John F. Mizner
Public Meeting held
November 19, 1998Department of Public Welfare--Subsidized Child Day Care Eligibility; Regulation No. 14-438
Order On August 25, 1997, the Independent Regulatory Review Commission (Commission) received these proposed amendments from the Department of Public Welfare (DPW). This rulemaking amends 55 Pa. Code Chapters 165, 168, 183 and 3040. The authority for this rulemaking is Articles II, IV and VII of the Public Welfare Code (62 P. S. §§ 201--211, 401--493 and 701--703), and Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), Pub.L.No. 104-193, known as the Child Care and Development Block Grant (CCDBG) (42 U.S.C.A. §§ 9858--9858q). The proposed amendments were published in the September 6, 1997, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulations were submitted to the Commission on October 29, 1998.
As a result of Title VI of the Federal PRWORA and Act 35 at the state level, DPW is integrating existing child care subsidy regulations for families receiving Transitional Assistance for Needy Families, with child care subsidy provisions for low-income families. Previously, these were two separate programs which received funding from separate sources. Both categories will now be funded from the federal CCDBG and by any additional state appropriation.
We have reviewed these final-form regulations and find them to be in the public interest. The final-form regulations integrate programs for cash assistance recipients and low-income families for continuity of subsidized child care services. More children will be served as a result of the revised copayment schedule. The eligibility requirements will ensure the most needy children will benefit from the program.
Therefore, It Is Ordered That:
1. Regulation No. 14-438 from DPW, as submitted to the Commission on October 29, 1998, is approved; and
2. The Commission will transmit a copy of this order to the Legislative Reference Bureau.
____ Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
November 19, 1998Pennsylvania Securities Commission--Registration of Securities; Registration of Broker-Dealers; Agents and Investment Advisers; Administration; Regulation No. 50-112
Order On July 27, 1998, the Independent Regulatory Review Commission (Commission) received these proposed amendments from the Securities Commission. This rulemaking amends 64 Pa. Code Chapters 202, 206, 302, 606, 609 and 610. The authority for this rulemaking is 70 P. S. §§ 1-202(i), 1-206 (b) and (d), 1-302(f), 1-606(d), 1-609(a) and (c), and 610. The proposed amendments were published in the August 15, 1998, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulations were submitted to the Commission on October 23, 1998.
This proposal makes omnibus revisions to update existing Securities Commission regulations. Major changes will: eliminate requirements for financial institutions to register as broker-dealers in some cases; allow a certified public accountant to give a tax opinion in offerings of limited partnership interests; allow some issuers filing a registration to submit 2 years, instead of 3 years, of financial statements; and allow small business issuers filing for a public offering of corporate equity securities aggregating $1 million or less to use reviewed financial statements in lieu of an audit.
We have reviewed these final-form regulations and find them to be in the public interest. Financial institutions offering services through a network with a brokerage affiliate will no longer have to register as a broker-dealer. Small businesses filing an offering under the Small Corporate Offering Registration Program will save an estimated 25% in accounting services. There will also be a reduction in accounting costs for filings where 2 years, instead of 3 years, of financial statements will be permitted.
Therefore, It Is Ordered That:
1. Regulation No. 50-112 from the Securities Commission, as submitted to the Commission on October 23, 1998, is approved; and
2. The Commission will transmit a copy of this order to the Legislative Reference Bureau.
____ Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
November 19, 1998Pennsylvania Public Utility Commission Advanced Meter Deployment for Electricity; Regulation No. 57-190
Order On January 16, 1998, the Independent Regulatory Review Commission (Commission) received this proposed rulemaking from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 57. The authority for this rulemaking is 66 Pa.C.S. §§ 501 and 2807(a) and (d). The proposed rulemaking was published in the January 31, 1998, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulations were submitted to the Commission on May 18, 1998.
At its June 18, 1998, public meeting, the Commission voted to disapprove the final-form regulations. On September 24, 1998, the PUC notified the Commission of its intent to revise and resubmit the regulations. On November 2, 1998, the revised final-form regulations were submitted to the Commission.
These final-form regulations implement portions of the Electricity Generation Customer Choice and Competition Act by establishing procedures for making advanced meters available to customers. The rulemaking establishes uniform procedures and standards for the customer selection and deployment of advanced meters and provides coordination with any electric distribution company (EDC) for the installation of advanced meter networks.
We have reviewed the revised final-form regulations and find them to be in the public interest. The initial final-form regulations contained three clarity errors. The PUC has corrected those errors. The final-form regulations establish procedures for making advanced meters available to those customers that request them. The final-form regulations will impact the 11 EDCs under the PUC's jurisdiction and any electric generation suppliers that apply for a license to sell electricity to customers in this Commonwealth.
Therefore, It Is Ordered That:
1. Regulation No. 57-190 from the PUC, as resubmitted to the Commission on November 2, 1998, is approved;
2. The Commission's bar to final publication of Regulation No. 57-190 issued under section 6(b) of the Regulatory Review Act is hereby rescinded; and
3. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
November 19, 1998State Board of Education--Academic Standards and Assessment; Regulation No. 6-265
Order On July 29, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education (Board). This rulemaking adds Chapter 4 to 22 Pa. Code. The authority for this rulemaking is found in the Public School Code of 1949 (24 P. S. §§ 1-101--27-2702). The proposed rulemaking was published in the August 8, 1998, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulations were submitted to the Commission on October 27, 1998.
In these final-form regulations, the Board is deleting existing Chapters 3 (School Profiles), 5 (Curriculum) and 6 (Vocational Education) and adding a new Chapter 4 (Academic Standards and Assessments). The purpose of replacing these three chapters with one new chapter is to replace student-learning outcomes with more specific academic standards. In the new Chapter 4, most of the general provisions of the existing three chapters have been consolidated and rewritten to conform to the academic standards concept.
We have reviewed these final-form regulations and find them to be in the public interest. The final-form regulations establish specific and measurable standards to assess students' performance in the Commonwealth's schools.
Therefore, It Is Ordered That:
1. Regulation No. 6-265 from the Board, as submitted to the Commission on October 27, 1998, is approved; and
2. The Commission will transmit a copy of this order to the Legislative Reference Bureau.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 98-2002. Filed for public inspection December 4, 1998, 9:00 a.m.]
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