NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[50 Pa.B. 1001]
[Saturday, February 15, 2020]The Independent Regulatory Review Commission met publicly at 10 a.m., Friday, January 31, 2020, and announced the following:
Actions Taken—Regulations Approved:
Milk Marketing Board # 47-19: Milk Marketing Fees (amends 7 Pa. Code Chapter 150)
Department of Revenue # 15-460: iLottery Games (replaces temporary regulations in 61 Pa. Code Chapter 876)
Environmental Quality Board # 7-532: Federal Office of Surface Mining Reclamation and Enforcement Program Consistency (amends 25 Pa. Code Chapters 86, 87, 88, 89 and 90)
Environmental Quality Board # 7-534: Triennial Review of Water Quality Standards (amends 25 Pa. Code Chapter 93)
Department of Labor and Industry # 12-106: Minimum Wage (amends 34 Pa. Code Chapter 231)
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Approval Order Public Meeting Held
January 31, 2020Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Milk Marketing Board
Milk Marketing Fees
Regulation No. 47-19 (# 3241)On July 31, 2019, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Milk Marketing Board (Board). This rulemaking amends 7 Pa. Code Chapter 150. The proposed regulation was published in the August 31, 2019 Pennsylvania Bulletin with a public comment period ending on September 30, 2019. The final-form regulation was submitted to the Commission on December 12, 2019.
This regulation amends 7 Pa. Code Chapter 150 (Milk Marketing Fees) by increasing the license fees for milk dealers, subdealers and haulers. Examination and certificate fees for milk weigher-samplers and testers are also increased under this rulemaking.
We have determined this regulation is consistent with the statutory authority of the Board (31 P.S. §§ 700k-1, 700k-3(c), 700k-6, 700l-7 and 700k-8) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
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Approval Order Public Meeting Held
January 31, 2020Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson, Dissenting; W. Russell Faber; Dennis A. Watson, Esq.
Department of Revenue
iLottery Games
Regulation No. 15-460 (# 3234)On April 23, 2019, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking adopts permanent regulations in 61 Pa. Code Chapter 876. The proposed regulation was published in the May 4, 2019 Pennsylvania Bulletin with a public comment period ending on June 3, 2019. The final-form regulation was submitted to the Commission on December 30, 2019.
This final-form regulation converts the temporary iLottery regulations to permanent regulations. The regulations govern implementation and operation of iLottery by addressing lottery products, player accounts, games, prizes, self-exclusion, and terms and conditions.
We have determined this regulation is consistent with the statutory authority of the Department (4 Pa.C.S. § 503(b) and (i) and 72 P.S. § 3761-303(a)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
____
Approval Order Public Meeting Held
January 31, 2020Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board
Federal Office of Surface Mining Reclamation and
Enforcement Program Consistency
Regulation No. 7-532 (# 3217)On October 2, 2018, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 86, 87, 88, 89 and 90. The proposed regulation was published in the October 27, 2018 Pennsylvania Bulletin with a public comment period ending on November 26, 2018. The final-form regulation was submitted to the Commission on December 30, 2019.
This regulation primarily addresses inconsistencies between the Commonwealth's coal mining program and federal regulations. Additional revisions are included to correct organization names, statutory citations, remining requirements and the use of reference data for the sizing of stormwater control facilities.
We have determined this regulation is consistent with the statutory authority of the Board (35 P.S. § 691.5; 52 P.S. §§ 1396.4 (a) and 1396.4b; 52 P.S. § 30.53b; 52 P.S. § 1406.7 (b)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
____
Approval Order Public Meeting Held
January 31, 2020Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber, Dissenting; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board
Triennial Review of Water Quality Standards
Regulation No. 7-534 (# 3182)On October 6, 2017, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 93. The proposed regulation was published in the October 21, 2017 Pennsylvania Bulletin with a public comment period ending on February 16, 2018. The final-form regulation was submitted to the Commission on December 30, 2019.
This final-form regulation represents the Board's triennial update of water quality standards.
We have determined this regulation is consistent with the statutory authority of the Board (35 P.S. §§ 691.5(b)(1) and 691.402; U.S.C.A. §§ 1251(a)(2) and 1313(c)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
____
Approval Order Public Meeting Held
January 31, 2020Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson, Dissenting; W. Russell Faber, Dissenting; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of Labor and Industry
Minimum Wage
Regulation No. 12-106 (# 3202)On June 12, 2018, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapter 231. The proposed regulation was published in the June 23, 2018 Pennsylvania Bulletin with a public comment period ending on August 22, 2018. The final-form regulation was submitted to the Commission on December 9, 2019.
The rulemaking amends Chapter 231 of 34 Pa. Code to clarify the definitions of Executive, Administrative and Professional (EAP) salaried workers who are exempt from receiving minimum wage and overtime pay and makes consistent the duties test to qualify for the EAP exemptions with federal regulations. It also makes adjustments to the salary threshold and creates a role for the Minimum Wage Advisory Board in setting the weekly salary levels on a triennial basis.
We have determined this regulation is consistent with the statutory authority of the Department (43 P.S. §§ 333.105(a)(5) and 333.109) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
GEORGE D. BEDWICK,
Chairperson
[Pa.B. Doc. No. 20-224. Filed for public inspection February 14, 2020, 9:00 a.m.]
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