NOTICES
GOVERNOR'S OFFICE
Regulatory Review
[30 Pa.B. 3317] 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 ninth 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.
Proposed Date of Regulation Being Considered Promulgation Need and Legal Basis for Action Agency Contact ADMINISTRATION
No regulations being developed or considered at this date. AGING
PA Code Title VI Chapter 11
Older Adult Daily Living CentersFebruary 2002, as proposed. This regulation is being reviewed for consolidation with regulations from DPW and DOH with the intent to publish as part of regulations to be proposed as Adolescent and Adult Day Center Licensing Regulations. Review is also occurring as a result of passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1. Robert Hussar 717-783-6207 PA Code Title VI Chapter 15
Protective Services For Older AdultsSeptember 2000, as final. This regulation is being reviewed as a result of the passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1. The proposed amendments were published as proposed rulemaking in the Pennsylvania Bulletin on November 27, 1999. A second draft of amendments was prepared based on comments received and a second round of meetings was held with stakeholders in May-00. Robert Hussar 717-783-6207 PA Code Title VI Chapter 21
Domiciliary Care Services for AdultsJuly 2002, as proposed. Review is continuing as part of a Departmental evaluation in response to Executive Order 1996-1. The review will be coordinated with the Adult Residential Facilities initiative being led by the Office of Licensing and Regulatory Management, Department of Public Welfare. Robert Hussar 717-783-6207 PA Code Title VI Chapter 3
Fair Hearings and AppealsJuly 2001, as proposed. This regulation has been initially reviewed by stakeholders in response to passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1. The completion of any proposed changes is dependent on the promulgation of final adult protective services regulations. Robert Hussar 717-783-6207 AGRICULTURE Agricultural Land Conservation
Assistance Grant Program
7 Pa. Code Chapter 138hAugust, 2000, as final. This regulation will amend current regulations to refine the criteria pursuant to which the Department awards grants for farmland protection projects of Statewide scope. The proposed regulation was published at 30 Pa.B. 638 (February 5, 2000). Raymond Pickering
(717) 783-3167''Clean and Green'' Regulations
7 Pa. Code Chapter 137July, 2000, as proposed. No later than April 30, 2001, as final. Act 156 of 1998 revised the ''Clean and Green'' Law (72 P. S. §§ 5490.1--5490.13) and afforded the Department until April 30, 2001 by which to promulgate regulations to implement these revisions. The regulations will promote uniform and consistent interpretation and enforcement of the Act Statewide. Raymond Pickering
(717) 783-3167Agricultural Conservation Easement
Purchase ProgramSeptember, 2000, as proposed. Act 138 of 1998 amended the Agricultural Area Security Law by permitting local government unit participation in agricultural conservation easement purchases. The regulations at 7 Pa. Code Chapter 138e must be revised to implement this statutory change. Raymond Pickering
(717) 783-3167Consolidation/Update of Retail Food Store Regulations January, 2001, 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. Lenchen Radle (717) 772-3234 Agricultural Security Areas November, 2000, as proposed. This regulation will revise the current regulation at 7 Pa. Code Chapter 138 to address revisions to the statute on which that regulation is premised: the Agricultural Area Security Law (3 P. S. §§ 901--915). Raymond Pickering
(717) 783-3167Maple Products March, 2001, 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. Lenchen Radle (717) 772-3234 Harness Racing Commission December, 2000, 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. Anton J. Leppler (717) 787-5196 Land application of soil and groundwater contaminated with agricultural chemicals December, 2000, 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. Numerous comments have been received with respect to drafts of this regulation, and will be addressed as the regulation proceeds. Phillip M. Pitzer (717) 772-5206 Farm Safety and Occupational Health Grant Program December, 2000, as final. This regulation is needed to replace an existing statement of policy published in the March 16, 1996 Pennsylvania 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. The proposed regulation was published at 30 Pa.B. 781 (February 12, 2000). Phillip M. Pitzer (717) 772-5206 Farm Safety Tuition Assistance Grant Program December, 2000, as final. This regulation will establish a program to provide individual grants of up to $100 toward tuition charged by an approved farm safety course provider. The proposed regulation was published at 30 Pa.B. 771 (February 12, 2000). Phillip M. Pitzer (717) 772-5206 Farm Safety Developmental and Instructional Program December, 2000, as final. This regulation will establish a program to provide grants totaling up to $30,000 for the development or implementation of farm safety courses. The proposed regulation was published at 30 Pa.B. 776 (February 12, 2000). Phillip M. Pitzer (717) 772-5206 Sustainable Agriculture Grant and Loan Programs September, 2000, as final. This regulation establishes grant and loan programs to implement best management practices. These programs are required under the Sustainable Agriculture Act (3 P. S. §§ 2101--2107). Dave Bingaman (717) 772-5208 Fruit Tree Improvement Program December, 2000, 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 December, 2000, 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 Dog Law October, 2000, 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 Domestic Animals December, 2000, as proposed. This long-term project is intended to update the Department's regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301--2389). John Enck, DVM (717) 772-2852 Pseudorabies Disease
7 Pa. Code Chapter 10September, 2000, as proposed. The planned revisions of this chapter will assist the Department in attaining ''Pseudorabies-free'' status under the joint Federal-State Industry Pseudorabies Eradication Program, and will bring the current regulation into greater conformity with the requirements of the Domestic Animal Law. John Enck, DVM (717) 772-2852 Brucellosis Vaccination October, 2000, as final. This regulation will address advances in vaccination technology. The proposed regulation was published at 30 Pa.B. 768 (February 12, 2000). John Enck, DVM (717) 772-2852 Equine Infectious Anemia and Brucellosis Testing Techniques October, 2000, as final. This regulation will address advances in testing for the referenced animal diseases. The proposed regulation was published at 30 Pa.B. 768 (February 12, 2000). John Enck, DVM (717) 772-2852 Aquaculture Development October, 2000, as proposed. This Aquacultural Development Law requires the Department to develop an ''Aquaculture Development Plan'' through regulation. Leo Dunn
(717) 783-8462BANKING Continuing education regulations for residential first mortgage lender and broker industry. Fall 2000, as proposed. The Mortgage Bankers and Brokers Act (MBBA) is Act 90 of 1989, and has been amended by Act 131 of 1998. Amended section 4(e) of the MBBA provides that the Secretary of Banking shall delineate the requirements for continuing education regulations for licensees (i.e., mortgage bankers, mortgage brokers, and loan correspondents) by regulation within three years of the effective date (February 19, 1999) of the amendments to the MBBA. Therefore, continuing education regulations are required to be promulgated by February 19, 2002. Carter D. Frantz (717) 787-1471 Amendment to eliminate the restriction on a banking institution taking pledges of stock or capital securities of its affiliates or the corporation which owns or controls the capital stock of the institution. Publication not anticipated in the next 6 months. The existing regulation at 10 Pa. Code § 13.41 was adopted in 1970. At present, national banks are permitted to make loans secured by stock or capital securities of their affiliates and/or their holding company. For competitive purposes, the Department is considering amending its regulation to permit Pennsylvania state-chartered banking institutions to make loans secured by stock or capital securities of their affiliates and/or their holding company. Carter D. Frantz (717) 787-1471 Amendments to the Leeway Investments regulations for Pennsylvania state-chartered banking institutions. Publication not anticipated in the next 6 months. 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. David H. Bleicken
(717) 787-1471''Other investments'' regulations for Pennsylvania state-chartered banking institutions. Publication not anticipated in the next 6 months. 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. Reginald S. Evans
(717) 787-1471BUDGET Fiscal Notes
4 Pa. Code Chapter 7June 2000, as proposed. Section 612 of the Administrative Code of 1929, as amended, 71 P. S. § 232, provides the authority for the Office of the Budget to promulgate regulations regarding the preparation of fiscal notes. The modified regulation prescribes the process agencies must implement to ensure a fiscal note is written for each proposed, final, and final omitted regulation. Pamela F. Cross (717) 787-5311 Ext. 3070 COMMUNITY & ECONOMIC DEVELOPMENT
No regulations being developed or considered at this date. COMMISSION ON CRIME AND DELINQUENCY
Constables' Education and Training Board Summer 2000, as proposed. A regulation is needed to implement the authority of Act 1994-44, 42 Pa.C.S.A. §§ 2944--2948, as to program content and administration of basic training and continuing education, standards for certification to carry firearms in the performance of constable duties, and qualifications for schools and instructors. Stephen Spangenberg (717) 705-3693 ext. 3040 Bureau of Victims' Service, Victims Compensation Division (formerly Crime Victim's Compensation Board)--Revisions to 37 Pa. Code Chapter 191 Fall 2000, as proposed. Substantial revisions are needed to reflect elimination of Crime Victim's Compensation Board and inclusion of its functions under PCCD pursuant to Act 1995-27 of the Special Session on Crime; changes in terminology and operations brought about by that act and by section 4 of Act 1997-57; and citation changes resulting from Act 1998-111 and its relocation of the Crime Victims Act (the Act) from Title 71 of Purdon's Statutes to 18 P. S. § 11.101 et. seq. The Act at 18 P. S. § 11.312(3) gives the Bureau of Victims' Service the authority, subject to the approval of PCCD, to promulgate regulations to carry out the purposes of the Act as it relates to compensation. Also to be revised are current rules that are obsolete due to inflation (e.g. the monetary ceilings for funeral expenses) or societal changes or that limit the Bureau's flexibility in carrying out the purposes of the Act (e.g., rules for computing loss of earnings or support) Lynn Shiner (717) 783-5153 ext. 3210 CONSERVATION & NATURAL RESOURCES
State Parks Rules and Regulations November 2000, as proposed. Updates are necessary to reflect changes for more efficient operations, increase opportunities for public recreation, and an effort to improve visitor services and to promote good stewardship of public parks. Six state-wide regional meetings are being held to begin to gather input on regulatory changes. Legal basis for these regulations is Act 18 of 1995. Gary Smith 717-783-3303 Conservation of Native Wild Plants December 2000, 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. Bob Hill/Chris Firestone
(717) 787-3444CORRECTIONS
Review and/or revision of all current Department of Corrections regulations contained in Title 37 of the Pennsylvania Code. Summer 2000, as proposed. The purpose of the review is to ensure that the Department's regulations are consistent with current legal standards concerning prison administration and operation. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Commissioner of Corrections the authority to prescribe regulations for the Department that are not inconsistent with law. J. D. Shutt
(717) 975-4860EDUCATION
22 Pa. Code Chapter 155--Board of State College and University Directors--Personnel September 2000, as final-omitted. Chapter 155--This chapter was issued under Section 2 of the Act of February, 1970 (P. L. 24, No. 13) (24 P. S. § 20-2002) (Repealed). It was adopted June 12, 1975, 5 Pa.B. 1548. Ernest Helling (717) 787-5500
Chapter 161--School Administrators Handbook Chapter 161--Statutory authority for this chapter is 71 P. S. § 352. Chapter 181--Mentally Retarded Exceptional Children Chapter 181--Taken from the PA Bulletin (Vol. 3, No. 39-9/15/73, p. 2069), the authority was contained in the Act of January 14, 1970, P. L. (1969) 468 (24 P. S. § 13-1372). Chapter 251--Postsecondary Education Planning Commission--Rules & Regulations
Chapter 251--The Postsecondary Education Planning Commission, formerly known as the 1202 Commission and also known as the 1203 Commission, was authorized by 20 U.S.C., Section 1143 and established by the Governor upon recommendation of the State Board of Education through its resolution of March 15, 1974. Chapter 329--Computation of Subsidy Chapter 329--This chapter provided procedures for calculating the instruction subsidy described in Sections 2502, 2502.5 and 2502.6 of the School Code.
Special Education Services and Programs
22 Pa. Code, Chapter 14 and 22 Pa. Code, Chapter 342September 2000, 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. These regulations will be published as a single regulation, Chapter 14. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14) (24 P. S. § 1-101--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 2000, 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 Gifted Education
22 Pa. Code, Chapter 16September 2000, as final. These regulations establish separate rules for programs and services for gifted students apart from those established for other special needs students. 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 49September 2000, as final-omitted. Revisions to these regulations are necessary to incorporate provisions of Act 48 of 1999 which requires continuing professional development for all certificated educators. Since these revisions will be technical to incorporate a statutory change, they will be promulgated as final rulemaking with the public comment phase omitted. Peter Garland (717) 787-3787 Institutional Preparation of Professional Educators
22 Pa. Code, Chapter 354August 2000, as final. 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. Ron Simanovich (717) 783-9252 College and University Security
22 Pa. Code, Chapter 33September 2000, as final. 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 2000, as final. These regulations establish program requirements and eligibility criteria for Act 101 programs in colleges and universities. Revisions 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 35August 2000, as proposed. These regulations govern the establishment and operation of community colleges and technical institutes. Revisions to reflect current practice are proposed in the formula calculating Full-Time Equivalent (FTE) Enrollments for reimbursement purposes. 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 Charter School Services and Programs for Children With Disabilities
22 Pa. Code, Chapter 703July 2000, as proposed. The proposed regulations are promulgated to facilitate compliance with Federal statute, regulation and court decrees that apply in the Commonwealth to children with disabilities. The purposes of proposed Chapter 703 are to develop procedures for special education in charter schools and adopt by reference applicable Federal regulations. Timothy Daniels (717) 705-2343 Economic Standards and Assessment
22 Pa. Code, Chapter 4September 2000, as proposed. Chapter 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on academic standards. When initially promulgated in 1999, Chapter 4 contained academic standards in reading, writing, speaking and listening, and mathematics. Additional sets of standards were anticipated. This revision to Chapter 4 seeks to establish academic standards in Science and Technology, and Environment and Ecology. Peter Garland (717) 787-3787 General Provisions--State Board of Private Licensed Schools
22 Pa. Code, Chapter 73July 1, 2000, as proposed. The Notice of Proposed Rulemaking will amend Section 73.151 (relating to fees) of the State Board of Private Licensed Schools to raise sufficient revenue to offset the Board's projected expenditures for Fiscal Years 2000-01 and 2001-02. These regulations are promulgated under the authority of the Private Licensed Schools Act, Act 174 of 1986 (1986, Dec. 15, P. L. 1585, No. 174, § 1, effective Jan. 1, 1987) (24 P. S. §§ 6501--6518). James G. Hobbs (717) 783-8228 General Vocational Education Standards
22 Pa. Code, Chapter 339Department review will begin August 1, 2000. Educational institutions offering vocational programming have evolved substantially since their inception. Many of the standards defining and governing those institutions were conceived over 30 years ago. A revision of Chapter 339 is necessary to assist schools in developing, funding and maintaining programs that will provide the Commonwealth with a competent workforce. Discussions with the State Board of Vocational Education, as well as practitioners in that field, will be initiated to revise these standards. These regulations are promulgated under the authority of the Pennsylvania School Code, Article 18 on Vocational Education and section 2502.8 on Vocational Education Funding. These standards are also provided for under Chapter 4 of Title 22 of the Pennsylvania Code, section 4.32(a). John C. Foster (717) 787-5530 22 Pa. Code, Chapter 191 August, 2000, as proposed. A new chapter in 22 Pa. Code will provide for procedures for calculating state subsidies for the National School Lunch and School Breakfast programs. These procedures are necessary to incorporate provisions of Act 16 of May 3, 2000, amending the Public School Code of 1949 (P. L. 30, No. 14) (24 P. S. § 1337.1) Pat Birkenshaw (717) 783-6556 (as well as any considered subsequent to publication of this Agenda) is published.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
