NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[46 Pa.B. 1119]
[Saturday, February 27, 2016]

 Executive Order 1996-1 requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. 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 (as well as any considered subsequent to publication of this Agenda) is published.

 The public is invited and encouraged to provide feedback regarding the Regulatory Agenda, including but not limited to feedback regarding its usefulness, the nature and extent of readers' usage of the Agenda, the frequency with which users consult or refer to the Agenda and any other general suggestions which the public may have regarding the Agenda. Comments may be sent, preferably by e-mail, to Marc Farrell, Regulatory Specialist, Governor's Office of Policy and Planning, marcfarrel@pa.gov or alternatively by regular mail to Marc Farrell, Regulatory Specialist, Governor's Office of Policy and Planning, 602 Main Capitol Building, Harrisburg, PA 17120.

Regulation Being Considered	Proposed Date	Need and Legal Basis for	Agency Contact
of Promulgation	Action
Office of Administration (OA)
No regulations being developed or considered at this time.
Department of Aging
Older Adult Daily Living Centers 6 Pa. Code Chapter 11	Summer 2016, as Proposed	The purpose of 6 Pa. Code Chapter 11 is to protect the health, safety, and well-being of persons with functional impairments for the licensure and operation of Older Adult Daily Living Centers (OADLC). These regulations—the statutory authority for which is found in Act 118 of 1990 and in 62 P. S., Chapter 2 § 1511—were adopted on July 2, 1993 and effective October 12, 1993. The Pennsylvania Department of Aging is responsible for the enforcement of these regulations. OADLC services provide a structured program of services to clients who require the service along with valuable respite to caregivers. The proposed rulemaking would update the existing regulatory language to address changes in other statutes, regulations, codes, ordinances, and other professional standards and practices, along with addressing the increasing frailty of clients served in OADLC.	Kevin Longenecker (717) 265-7568
Pennsylvania Community Adult Respite Services Program Act 166 of 2014	Spring 2016, as Proposed	Act 166 of 2014 (P. L. 2615, Oct. 22, 2014, No. 166) created a new program called the Pennsylvania Community Adult Respite Services Program (CARP), authorizing the Department of Aging to license and inspect community adult respite services programs that serve participants with minor functional impairments. The Department has one year from the Act's effective date to promulgate guidance (such as regulations or statements of policy) governing these programs, which intended to provide community adult respite to eligible persons for part of a 24 hour day, filling a niche between senior centers and older adult daily living centers.	Kevin Longenecker (717) 265-7568
Family Caregiver Support Program 6 Pa. Code Chapter 20	Spring/Summer 2016, as Proposed	Section 4(b)(1)(2) of the Pennsylvania Caregiver Support Act of December 19, 1990 (P. L. 1234, No. 204) authorizes the Department of Aging to develop operating procedures and guidelines to provide benefits set forth in the act to contracted area agencies on aging, and to develop eligibility criteria for primary caregivers to receive assistance pursuant to the act. Providing support enables caregivers to continue to provide care in the home and the care receiver to remain at home, rather than out of home placement. On December 22, 2011, the Act was amended to further provide for intent, for definitions, for caregiver support program, for reimbursements, and for entitlement not created. The proposed changes to Chapter 20—which became effective in July 1992 and was last revised in 2007—will: (a) align the regulations with the 2011 Act amendments; (b) provide guidelines to area agencies on aging in administering the program to eligible caregivers; (c) address the lack of statewide uniformity for the Program; and (d) address the current and future needs of the caregiver.	Steve Horner (717) 772-1221
Department of Agriculture
Domestic Animal 7 Pa. Code Chapters 2, 3, 16, 18 and 20a	December 2016, as Proposed	The 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).	Craig E. Shultz, DVM, Director (717) 772-2852
Weights and Measures Regulations 70 Pa. Code Chapters 1—101	July 2016, as Proposed	This long-term project is intended to update the Department's regulations authorized by the Consolidated Weights and Measures Act.	Walt Remmert (717) 787-6772
Commercial Feed Rules and Regulations 7 Pa. Code Chapter 71	March 2016, as Proposed	This regulation will replace 7 Pa. Code Chapter 71 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act).	Erin Bubb (717) 772-5215
Pet Food Rules and Regulations 7 Pa. Code Chapter 72	March 2016, as Proposed	This regulation will replace 7 Pa. Code Chapter 72 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act).	Erin Bubb (717) 772-5215
Agriculture Conservation Easement Purchase Program Regulations 7 Pa. Code Chapter 138e	April 2016, as Proposed	This regulation will address statutory changes made by Act 61 of 2005 and Act 46 of 2006, and will otherwise update the current regulations.	Douglas Wolfgang (717) 783-3167
Pennsylvania Preferred Program Regulations 7 Pa. Code Chapter 107	April 2016, as Proposed	This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S.A §§ 4601—4611).	Lela Reichart (717) 783-8462
Tuberculosis and Brucellosis Testing Requirements for Animals 7 Pa. Code Chapters 3, 5 and 7	April 2016, as Proposed	This regulation will rescind outdated and unnecessary tuberculosis and brucellosis testing requirements relating to animals.	Craig E. Shultz, DVM, Director (717) 772-2852
Pennsylvania Vegetable Marketing Program 7 Pa. Code Chapter 104	March 2016, as Proposed	This regulation will update and simplify the process by which the Pennsylvania Vegetable Marketing Program collects ''producer charges'' to fund its marketing and research efforts from participating Pennsylvania vegetable producers.	William Troxell (717) 694-3596
Department of Banking and Securities (DOBS)
Merger-related amendatory regulations under the Pennsylvania Securities Act of 1972	Winter 2016, as Proposed	Required pursuant to 70 P. S. § 1-609.	Leo Pandeladis (717) 787-1471
Department of Community and Economic Development (DCED)
Minority Business Development Authority 12 Pa. Code Chapter 81 (#4-98)	Spring of 2016, as Proposed	Proposed changes to the Minority Business Development Authority regulations seek to eliminate those sections of the existing regulations which impede the Pennsylvania Minority Business Development Authority's ability to be flexible and responsive to its target market by easing loan program requirements, such as requiring loan recipients to commit to ''full-time'' management of the company, and allowing more flexibility in setting loan amount caps, interest rates, job creation criteria, etc. The regulations were originally submitted on November 5, 2014 as Final-Omitted Regulations. The Final-Omitted Regulations were withdrawn and will be submitted as Proposed Regulations.	Timothy M. Anstine (717) 720-7312
Industrial Housing and Components 12 Pa. Code Chapter 145 (#4-95)	Spring 2016, as Final	Proposed changes to the Industrial Housing and Components regulations have gone through the proposed regulatory process and final regulations are set to be submitted in the Spring of 2016. The changes seek to bring the regulations into compliance with a recent amendment to the Industrialized Housing Act, which extended the current standards and procedures to include commercial buildings, and to further strengthen and clarify the Department's role in monitoring the production and installation of industrialized housing in the Commonwealth. As recommended by IRRC in its comments to the proposed rulemaking, an Advanced Notice of Final Rulemaking (ANFR) and Draft Final-Form Rulemaking were published in the Pennsylvania Bulletin on June 27, 2015 to solicit comments on changes DCED recommends be made to the proposed rulemaking to make clear that the regulation applies to industrialized housing, buildings or housing or building components produced after the effective date of the regulation. Comments received are under review.	Mark A. Conte (717) 720-7416
Local Earned Income Tax (Act 32-2008 Regulations) 12 Pa. Code Chapter 151 (#4-97)	Winter 2016, as Proposed	The proposed regulation interprets and makes specific the provisions of the Local Tax Enabling Act, as provided in Chapter 5 of the act (53 P. S. § 6924.501 et seq.). The proposed regulation establishes procedures to supplement the implementation of the act which will facilitate consolidated collection of local income taxes in this Commonwealth.	Lori Irwin (717) 720-7311
Department of Conservation and Natural Resources (DCNR)
Conservation of Pennsylvania Native Wild Plants 17 Pa. Code Chapter 45	April 2016, as Proposed	Purpose of rulemaking is to update the department's listing of Pennsylvania's classified plant species. Legal basis: Section 7 of the Wild Resource Conservation Act (32 P. S. § 5307); and Sections 305 and 313 of the Conservation and Natural Resources Act (71 P. S. § 1340.305 and § 1340.313).	Ellen Shultzabarger (717) 214-3818 Stephen Ekema-Agbaw, Esq. (717) 772-4171
Department of Corrections (DOC)
Reception and Discharge of Inmates 37 Pa. Code § 91.3	Spring 2016, as Proposed	The county reception regulations are being revised to be consistent with statutory law mandating that certain documentation be presented by the counties before inmate reception can occur.	Elizabeth Pettis (717) 728-7763
Inmate Correspondence 37 Pa. Code § 93.2	Spring 2016, as Proposed	The inmate correspondence regulations are being revised for clarification and to more accurately comport with current standards.	Elizabeth Pettis (717) 728-7763
Purchase for Inmates by Family and Friends 37 Pa. Code § 93.4	Spring 2016, as Proposed	Purchase for inmates by family and friends regulations are being revised for clarification and more accurately comport with current standards.	Elizabeth Pettis (717) 728-7763
Motivational Boot Camps 37 Pa. Code §§ 93.301—93.308	Spring 2016, as Proposed	The Motivational Boot Camp regulations are being revised to conform the statutory references and to reduce costs by eliminating unnecessary mandates.	Elizabeth Pettis (717) 728-7763
Inmate Correspondence 37 Pa. Code § 93.2	Summer 2016, as Proposed	Revise and/or repeal regulations regarding inmate correspondence to align with more robust internal policies that have been developed, and where necessary reconcile any such policies and regulations that may conflict with one another.	Elizabeth Pettis (717) 728-7763
Inmate Discipline 37 Pa. Code § 93.10	Summer 2016, as Proposed	Revise and/or repeal regulations regarding inmate discipline to align with more robust internal policies that have been developed, and where necessary reconcile any such policies and regulations that may conflict with one another.	Elizabeth Pettis (717) 728-7763
County Correctional Institutions 37 Pa. Code §§ 95.220—95.248	Fall 2016, as Proposed	The Department will undertake a review of existing regulations related to county correctional institutions, with the goal of updating them and eliminating outdated and obsolete provisions. This proposed rulemaking would generally amend, update and clarify these regulations.	Elizabeth Pettis (717) 728-7763
Department of Drug and Alcohol Programs (DDAP)
Standards for Licensure of Treatment Facilities 28 Pa. Code Chapter 709	Winter 2016, as Proposed	The regulation will be revised to enlarge the amount of time between inspections for the free standing drug and alcohol facilities that, for the last two years, have not had any citations in four critical areas (conduct or omissions that jeopardized the safety of any persons, compromised the quality of treatment provided, violated a client's confidentiality rights or resulted in treatment being provided without informed consent) and have reasonably and timely taken any remedial measure requested by the Department. Act 50 of 2010 authorizes DDAP to modify existing drug and alcohol regulations.	Tawny Mummah (717) 736-7448
Department of Education (PDE)
State Board of Private Licensed Schools 22 Pa. Code Chapter 73 (#6-334)	Winter 2016, as Proposed (resubmitting to address changes requested by IRRC)	These regulations define the requirements for obtaining licensure or registration and for operating as a Private Licensed School. The regulations also define the investigatory and hearing process for enforcement of statutory and regulatory requirements. The Board plans to update the regulations which were promulgated in 1988 to reflect inflation and to address certain issues that have arisen during that time. The regulations are promulgated under the authority of the Private Licensed Schools Act (24 P. S. Section 6501, et. seq.).	Patricia Landis (717) 783-8228
Regulations of the State Board of Private Academic Schools 22 Pa. Code Chapters 51, 53, 55, 57, 59, 61 and 63	Summer 2016, as Proposed	These regulations define the requirements for obtaining licensure as a Private Academic School. The Board is currently in the process of updating the regulations, which were promulgated in 1988. The regulations are promulgated under the authority of the Private Academic Schools Act (24 P. S. section 6701 et. seq.).	Robert Staver (717) 783-6583
State Board of Education 22 Pa. Code Chapter 18 (#6-329)	Spring 2016, as Final	These regulations address criteria the Secretary of Education may consider in determining whether to designate a school district in financial recovery status and in determining whether a district is in moderate or severe recovery status. The regulations are promulgated under the authority of the Public School Code of 1949, as amended, PL 30, No. 14, March 16, 1949, P. S. Section 1-101 et. seq. (24 P. S. § 621-A(A)(2)(I)).	Karen Molchanow (717) 787-3787
State Board of Education 22 Pa. Code Chapters 12, 14, 16 and 49 (#6-333)	Winter 2016, as Final-Omitted	This regulation includes minor technical amendments to five existing sections in four chapters. It is necessary to rectify inconsistencies between these five sections and recent changes by the Board to Chapter 4. The regulation is promulgated under the authority of the Public School Code of 1949 (24 P. S. §§ 1-121, 26-2603-B, 26-2604-B).	Karen Molchanow (717) 787-3787
Standards for Approved Private Schools 22 Pa. Code Chapter 171, Subchapters A and C	Spring 2016, as Proposed	These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). This subchapter contains general provisions, which the Department seeks to update to conform to intervening changes in applicable law. The standards are promulgated under the authority of sections 1376(c.9) and 1376.1(f5) of the Public School Code of 1949 (24 P. S. 13-1376(c.8) and 1376.1(f5).	Ernie Helling (717) 787-5500
Regulations of the State Library and Advisory Council on Library Development 22 Pa. Code Chapters 131, 133, 135, 127, 141, 142 and 143	Fall 2016, as Proposed	The Department will be promulgating regulations under the authority of the Library Code of 2012, Act 210 of 2012, P. L. 2411. The Department plans to update the regulations (promulgated in 1962) in 2016. These regulations will address the use of the State Library, the Advisory Council on Library Development, general provisions and plans for the use of State Aid, certification of library personnel, grants for public library facilities and State document depositories.	Glenn Miller (717) 783-2466
State Board of Education 22 Pa. Code Chapter 11	Winter 2016, as Proposed	These regulations concurrently address proposed regulatory changes of the Department of Health related to school immunization requirements. The proposed revisions would scale back the current period for provisional admission to school from eight months to five school days and ensure that provisions addressing the admission of non-immunized students are consistent with the immunization requirements set forth by the Department of Health. The regulation is promulgated under the authority of the Public School Code of 1949 (24 P. S. §§ 26-2603-B, 26-2604-B).	Karen Molchanow (717) 787-3787
State Board of Education 22 Pa. Code Chapter 405	Spring 2016, as proposed	Amending the regulation to provide the Secretary of Education with waiver authority. These regulations are authorized under 24 P. S. § 15-1513-D(1) of the Public School Code.	Ernie Helling (717) 787-5500
Environmental Hearing Board (EHB)
Practice and Procedure 25 Pa. Code Chapter 1021	Spring/Summer 2016, as Final	The Environmental Hearing Board proposed revisions to its rules which were published in the December 9, 2015 issue of the Pennsylvania Bulletin. The Environmental Hearing Board has proposed the following revisions to its rules of practice and procedure: (1) amend sec. 1021.21 to correct an omission in the prior rule and recognize that an appeal can be instituted by the filing of a notice of appeal or a complaint depending on the statute at issue; (2) add a comment to sec. 2010.21 to notify out of state	John Dixon, Assistant Counsel (717) 329-7859 Maryanne Wesdock, Senior Counsel (412) 565-5245
		attorneys that they are not subject to the IOLTA fee when they appear pro hac vice in a Board proceeding; (3) clarify rules in sec. 1021.32 pertaining to electronic filing registration to conform to the registration form that is provided on the Board's electronic filing site; (4) clarify language in sec. 1021.33 pertaining to service by the Board; (5) amend sec. 1021.34 to explain that the Board will only serve copies of orders by mail to parties who have been excused from electronic filing; (6) clarify language in sec. 1021.39 to clarify when the date and time of filing will appear by the electronic filing provider; (7) amend 1021.51 to explain what appellant must attach with its notice of appeal; (8) correct a typographical error in sec. 1021.52(b); (9) amend the title of sec 1021.103 to include notices to attend and notices to produce; (10) amend comment to sec 1021.141 to clarify that the Board makes the determination of a dismissal with or without prejudice on a case-by-case basis; (11) add sec 1021.153 to explain the procedure for filing an application for interlocutory appeal; and (12) amend sec. 1021.21 to correspond to appellate rules on filing petitions for review with the Commonwealth Court.
Department of Environmental Protection (DEP)
Areas Unsuitable for Surface Mining 25 Pa. Code Chapter 86	Quarter 1, 2016 EQB Consideration As Proposed	This rulemaking includes amendments to Chapter 86 to designate coal seams within Big Run watershed, Graham Township, Clearfield County, as unsuitable for surface mining operations. The regulation results from a petition submitted to the EQB by the Graham Township Supervisors, which requested that the Big Run drainage be designated as unsuitable for surface mining operations. (Surface Mining Conservation and Reclamation Act)	Geoff Lincoln (717) 783-9582 glincoln@pa.gov

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