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Regulatory Agenda

[26 Pa.B. 3170]

   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 first 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.

   

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Regulation Being Considered Proposed Date Need and Legal Basis for Action Agency
for PromulgationContact
ADMINISTRATION
No regulations being developed or considered at this date.
AGING
No regulations being developed or considered at this date.
AGRICULTURE
Tuberculosis/Brucellosis
7 PA.Code Chapters 3, 5, 7, 8, 9
November 1996, as proposed. This regulation would delete certain tuberculosis and brucellosis testing and documentation requirements currently imposed upon owners or transporters of cattle, goats and bison. Elimination of these diseases in the Commonwealth has reduced the necessity of testing. This regulation will facilitate intrastate commerce of these animals, and will allow the Department to redirect its resources more efficiently. Section 1702 of the Administrative Code of 1929 (71 P.S.§ 442) comprises the statutory basis for the regulation. Dr. Phillip DeBok (717) 783-8300
Agricultural Conservation Easement Purchase Program
7 PA.Code Chapter 138e
December 30, 1997, as proposed. The regulation will address agricultural conservation easement appraisal standards, minimum criteria for easement purchases, procedures by which counties assign a numerical ranking to applicant farmland owners, subdivision procedures and requirements for land under easement and procedures by which individual county easement purchase programs may be recertified by the State Agricultural Land Preservation Board. Raymond Pickering
(717) 783-3167
''Clean and Green'' Regulations
7 PA.Code Chapter 137
April 1998, as proposed. County Assessors have primary enforcement authority under the ''Clean and Green'' Act (72 P.S. §§ 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. The Pennsylvania Farmland and Forest Land Assessment Act of 1974, known commonly as the ''Clean and Green'' Act (72 P.S. §§ 5490.1-5490.13) is the statutory basis for the regulation. Raymond Pickering
(717) 783-3167
Deletion of ''Grade AA'' Milk Standards
7 Pa. Code Chapter 59
December 1996, as proposed. This regulation is needed to keep Pennsylvania-produced ''Grade A'' milk competitive in interstate commerce. This regulation would delete the provisions of 7 Pa. Code Chapter 59 that allow milk to be sold as ''Grade AA'' milk. The National Council of Interstate Milk Shippers (''NCIMS''), of which Pennsylvania is a member, has determined that this ''Grade AA'' standard violates the interstate agreement pursuant to which ''Grade A'' milk moves unimpeded in interstate commerce. NCIMS member states may impose testing and inspection requirements on Pennsylvania-produced ''Grade A'' milk if the ''Grade AA'' standards are not eliminated. James Dell
(717) 787-4316
Consolidation/Update of Retail Food Store Regulations December 1997, 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. Charles Radle (717) 772-3234
Maple Products June 1998, 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. 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) 787-5196
Horse racing commission. No publication anticipated in next 12 months. This commission plans an update of its regulatory authority (at 58 Pa. Code Chapters 161, 163, 165, 167, 171 and 173), for the same general reasons and on the basis of the same statutory authority cited by the Harness Racing Commission, above. Ben Nolt
(717) 787-1942
Bureau of Market Development. Standards for Grading Veal Calves. June 1997, 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) 787-5319
Plant Industry Regulations
Land application of soil & groundwater contaminated with agricultural chemicals. January 1998, 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. February 1997, 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 1997, 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. September 1997, 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
Noxious Weeds September 1996, as final. This regulation is necessary to remove Chichorium intybus (''Chicory''), a valuable forage crop for cattle, from the noxious weed control list and to add Lythrum salicaria (''Purple loosestrife''), a nonindigenous wetland plant, to that list. This regulation was published in proposed form at 26 Pa. Bulletin 1558 (April 6, 1996). The regulation will allow the Secretary to address the problems caused by purple loosestrife, a nonindigenous wetland plant that clogs waterways and crowds out native plant and animal species. Lyle Forer
(717) 772-5203
BANKING
Pawnbroker License Act regulations October 1996, as proposed. The amendments to the Pawnbroker License Act require that the Department hold a hearing regarding all initial pawnbroker applications, add grounds pursuant to which an application may be rejected, require newspaper publication of notice of renewal applications, permit charges to cover reporting relating to any pledge required by any governmental unit. The amendments also require that regulations shall include minimum start-up and operating capital requirements, annual report filing requirements, and any other financial record keeping requirements. The regulations for capital requirements are required by statute. The major additional regulations needed would establish and announce the procedure and requirements related to initial pawnbroker application hearings. Reginald Evans (717) 787-1471
Credit Services Act regulations October 1996, as proposed. Section 8 of the Act, 73 P.S. § 2188, provides that loan brokers shall be registered with the Department of Banking pursuant to regulations promulgated by the Department. The annual registration fee is $300. The regulations are required by the statute in order to establish and announce the regulatory registration procedure applicable to loan brokers. Reginald Evans (717) 787-1471
Secondary Mortgage Loan Act regulations. No publication anticipated in next six months. 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 is evaluating the need for regulatory guidance to be provided to second mortgage residential lenders and brokers under the SMLA. Reginald Evans (717) 787-1471
''Incidental Powers'' regulations under the Banking Code of 1965. No publication anticipated in next six months. Section 315(i) of Banking Code of 1965, as amended (''Banking Code''), 7 P.S. § 315(i), provides Pennsylvania state-chartered banks with ''all powers incidental to the conduct of banking business.'' Section 103(b) of the Banking Code, 7 P.S. § 103(b), provides authority for the Department to promulgate regulations. Due to numerous developments in the banking industry, the Department is evaluating the need for regulatory guidance to be provided to the banking industry that would list incidental powers and provide the ability to apply to the Department for determinations of possible additional incidental powers. Reginald Evans (717) 787-1471
BOARD OF PARDONS
Board Operating Procedure
37 PACode, Chapter 8
April 1, 1997, as proposed. The regulations are being reviewed and revised to comply with Acts of 1995, Special Session 1, Nos. 15 & 16, and to reflect the current practices of the Board in regulation. Nelson Zullinger (717) 787-2596
BUDGET
No regulations being developed or considered at this date.
COMMERCE
Financing Provider Certification Spring 1997, as proposed. This regulation will establish a uniform process of certification and decertification for providers who assist the Department of Commerce in the packaging and delivery of low interest loan financing programs to the business community Jill B. Busch
(717) 783-8452
Tax Increment Financing Spring 1997, as proposed. This regulation will clarify certain provisions of the Tax Increment Financing Act (the ''Act''), harmonize certain inconsistent provisions of the act, and provide additional certainty to prospective issuers under the act, all with the objective and intent of enhancing the utility of the act as a viable additional and alternative means to finance public facilities and residential, commercial and industrial development and revitalization, which is the declared purpose of the act. Jill B. Busch
(717) 783-8452
Private Activity Bonds Spring 1997, as proposed. This regulation will permit the Department of Commerce to publish as a notice in the PA Bulletin the annual allocation of the state ceiling on the aggregate amount of private activity bonds that may be issued in each calendar year by or on behalf of the Commonwealth and its political subdivisions. Jill B. Busch
(717) 783-8452
COMMUNITY AFFAIRS
No regulations being developed or considered at this date.
CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants February 1997, 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) 787-3444
State Forest Rules and Regulations October 1996, as proposed. 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
CORRECTIONS
Motivational Boot Camp Act
61 P.S. Section 1221 et seq.
August 1996, as proposed. The regulations will address boot camp administration, establishment of selection committees, inmate selection criteria, programming and supervision, inmate discipline and staff training. Mary Beth Marschik
(717)
EDUCATION
Pupil Personnel Services Pupil Attendance Students
22 PA.Code, Chapters 7, 11, 12
July 1996, 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 non-regulatory provisions. These regulations are promulgated under authority of the Public School Code of 1949 (P.L. 30, No. 14) Article XXVI-B, Sections 26-2601-B-26-2606-B. Peter Garland (717) 787-3787
Special Education Services and Programs
22 PA.Code, Chapter 14
September 1997, 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 21
July 1996, 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 Branch Campuses for State-Supported Institutions Foreign Corporation Standards Institutional Approval Program Approval
22 PA.Code Chapters 31, 34, 36, 40, 42
Chapters 31, 36, 40 - August 1996, as proposed.
 
Chapters 34, 42 - November 1996, as proposed.
These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Current review and revision are necessary to ensure that the regulations are consistent with current practice and terminology. Specific revisions to Chapters 31 and 40 are necessary to clarify the Secretary of Education's authority over matters of program expansion by institutions of 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) 787-3878
Extended School Year Services
22 Pa. Code, Chapter 14,§§ 14.1, 14.34 & Chapter 342,§ 342.34
August 1996, as proposed. 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. These amendments are necessary to ensure that Commonwealth regulations and standards are consistent with federal law and judicial decisions affecting extended school year services for eligible students and to provide guidance to local education agencies when determining whether or not eligible students under Chapter 14 are entitled to extended school year services. These regulations and standards 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. Additional legal basis is found in 20 U.S.C. Section 1400 et seq. known as the Individuals with Disabilities Education Act, and implementing regulations at 34 CFR Part 300. William Penn (717) 783-2311
Certification of Professional Personnel
22 Pa. Code, Chapter 49
October 1996, as proposed. 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, Sections 26-2601-B--26-2606-B. Peter Garland (717) 787-3878
Private Driver Training Schools
22 PA.Code, Chapter 101
July 1996, as proposed. These regulations provide an updated set of rules and regulations for private driver training schools. The current regulations were adopted in 1970. Robert Roush (717) 783-6595
Grants for Public Library Facilities
22 PA.Code, Chapter 142
September 7, 1996, as proposed. These regulations are required by the Keystone Recreation, Park and Conservation Fund Act of 1993 (32 P.S.§§ 2011-2024). Barbara Cole
(717) 783-5722
22 PA.Code, Chapter 335 August 1996, as final. 24 P.S. § 19-1913-A9(b)(1.2), which states in part that ''The Secretary of Education, in consultation with the community colleges, shall promulgate standards for credit courses and for noncredit courses that will be eligible for Commonwealth reimbursement. The standards shall specifically exclude from eligibility for reimbursement any course or program in avocational or recretarional pursuits.'' Barbara Senier (717) 787-4313
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this date.
ENVIRONMENTAL PROTECTION
Special Protection Waters (Antidegradation) Program
Clean Streams Law
August 1996, as proposed. The proposal is being developed to streamline and improve the existing program and to address EPA disapproval issues. The Department has been utilizing a regulatory negotiation (Reg Neg) process to develop program changes; however, expediting the regulation changes has been given a high priority as a result of a Federal Court order that EPA promulgate Federal regulations to correct program disapproval issues. The Reg Neg Group includes representatives of conservation groups, the regulated community, public interest groups and government. The Department will continue to utilize the Reg Neg Group for input as the final rulemaking is developed. The Air and Water Quality Technical Advisory Committee (AWQTAC) has been briefed periodically on the status of the Reg Neg process and this proposal. Carol Young, 717-787-9637
Stream Redesignation - French Creek, et al.
Clean Streams Law
December 1996, as proposed. This proposal evaluates 18 water bodies in 18 counties for addition, deletion or modification to the Special Protection use designations or for addition of use designations for streams which were not previously listed in Chapter 93. The changes will allow wastewater treatment requirements for dischargers to be consistent with water uses actually or potentially supportable by these streams. French Creek (Chester County), Sutton Creek (Luzerne County), Cedar Run and Slate Run (Lycoming and Tioga Counties), Cove Creek (Bedford County), and Trout Run (York County) were evaluated as a result of petitions submitted to the Environmental Quality Board (EQB). Tom Barron, 717-787-9637
Storage Tank Technical Standards
Storage Tank and Spill Prevention Act
February 1997, as final. This proposal consists of definitional changes, the removal of language adopting the Federal underground storage tank regulations which are proposed to be codified in new Subchapter E, adoption by reference of the Federal regulations relating to lender liability, and the creation of new subchapters to establish a permitting program for storage tanks as well as separate technical and operational standards for aboveground storage tanks. The EQB adopted the proposed rulemaking in April 1996; it was published in the Pennsylvania Bulletin on June 29 with a 60-day public comment period closing August 28. A public hearing is scheduled for August 7 in Harrisburg. The Storage Tank Advisory Committee (STAC) participated in the development of this rulemaking. Karl Sheaffer, 717-772-5800
Corrections to Drainage Lists
Clean Streams Law
Adopted as proposed rulemaking in June 1996 This proposal contains corrections to several stream listings found in Chapter 93 in response to requests from DEP regional staff, the Pennsylvania Fish and Boat Commission, and the general public. These nonsubstantive, corrective amendments address all or portions of streams found in 14 of the 26 drainage lists. Tom Barron, 717-787-9637