INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [36 Pa.B. 7353]
[Saturday, December 2, 2006]The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 16, 2006, and announced the following:
Regulations Approved
Environmental Quality Board #7-405: Standards for Contaminants; Mercury (amends 25 Pa. Code Chapter 123)
Department of General Services #8-11: Distribution of Federally Donated Foods to Needy Households (deletes 4 Pa. Code Chapters 51, 53 and 55)
Department of Revenue #15-439: School District Personal Income Tax (adds 61 Pa. Code Chapters 141--148)
Department of Revenue #15-440: Organ and Bone Marrow Donor Tax Credit (amends 61 Pa. Code Chapter 11)
Insurance Department #11-236: Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits and the 2001 CSO Preferred Class Structure Mortality Table for Use in Determining Minimum Reserve Liabilities (amends 31 Pa. Code Chapter 84d)
Pennsylvania Commission on Crime and Delinquency, Office of Victims' Service #35-29: Crime Victims Compensation (deletes 37 Pa. Code Chapter 191 and replaces it with new Chapter 411)
State Board of Education #6-301: Prekindergarten (amends 22 Pa. Code Chapters 4, 11 and 12)
Approval Order Public Meeting held
November 16, 2006Commissioners Voting: Alvin C. Bush, Chairperson, dissenting; David M. Barasch, Esq.; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq., dissenting
Environmental Quality Board--Standards for Contaminants; Mercury; Regulation No. 7-405 (#2547)
On June 16, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 123. The proposed regulation was published in the June 24, 2006 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on October 17, 2006.
The regulation sets forth the procedures, requirements and standards for reducing mercury emissions from coal-fired electric plants.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 4005(a)(1) and (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.
____Approval Order Public Meeting held
November 16, 2006Commissioners Voting: Alvin C. Bush, Chairperson; David M. Barasch, Esq.; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq.
Department of General Services--Distribution of Federally Donated Foods to Needy Households; Regulation No. 8-11 (#2574)
On October 5, 2006, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of General Services. This rulemaking deletes Chapters 51, 53 and 55 from Title 4 Pa. Code. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This rulemaking deletes three chapters of the Department's regulations that are obsolete because the responsibility for the Distribution of Federally Donated Foods to Needy Households program was transferred to the Department of Agriculture.
We have determined this regulation is consistent with the statutory authority of the Department of General Services (71 P. S. §§ 186 and 631.1(20)) 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
November 16, 2006Commissioners Voting: Alvin C. Bush, Chairperson; David M. Barasch, Esq.; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq.
Department of Revenue--School District Personal Income Tax; Regulation No. 15-439 (#2575)
On October 11, 2006, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue. This rulemaking adds 61 Pa. Code Chapters 141 through 148. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation establishes rules for the implementation of a school district personal income tax as required by the Taxpayer Relief Act of 2006.
We have determined this regulation is consistent with the statutory authority of the Department of Revenue (Section 5004.1 of the Taxpayer Relief Act and 72 P. S. § 7354) 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
November 16, 2006Commissioners Voting: Alvin C. Bush, Chairperson; David M. Barasch, Esq.; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq.
Department of Revenue--Organ and Bone Marrow Donor Tax Credit; Regulation No. 15-440 (#2579)
On October 18, 2006, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapter 11. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation implements a portion of Act 65 of 2006, which provides a tax credit for multi-state businesses when an employee misses time from work to donate an organ or bone marrow.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 186) 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
November 16, 2006Commissioners Voting: Alvin C. Bush, Chairperson; David M. Barasch, Esq.; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq.
Insurance Department--Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits and the 2001 CSO Preferred Class Structure Mortality Table for Use in Determining Minimum Reserve Liabilities; Regulation No. 11-236 (#2578)
On October 13, 2006, the Independent Regulatory Review Commission (Commission) received this regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 84d. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation amends existing provisions dealing with mortality tables used as the valuation standard for life insurance policies.
We have determined this regulation is consistent with the statutory authority of the Department (40 P. S. § 71(c)(1) and 31 Pa. Code §§ 84c.5(a) and (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
November 16, 2006Commissioners Voting: Alvin C. Bush, Chairperson; David M. Barasch, Esq.; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq.
Pennsylvania Commission on Crime and Delinquency, Office of Victims' Services--Crime Victims Compensation; Regulation No. 35-29 (#2428); Regulation No. 35-29 (#2428)
On August 26, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Commission on Crime and Delinquency, Office of Victims' Services. This rulemaking deletes 37 Pa. Code Chapter 191 and replaces it with new Chapter 411. The proposed regulation was published in the September 11, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 4, 2006.
This regulation implements several recent amendments to the Crime Victims Act and replaces the existing regulation with procedures for claim processing, claim determination and appeal procedures.
We have determined this regulation is consistent with the statutory authority of the Pennsylvania Commission on Crime and Delinquency, Office of Victims' Services (18 P. S. § 11.312(3)) 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
November 16, 2006Commissioners Voting: Alvin C. Bush, Chairperson; David M. Barasch, Esq.; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq.
State Board of Education--Prekindergarten; Regulation No. 6-301 (#2543)
On June 2, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapters 4, 11 and 12. The proposed regulation was published in the June 17, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 17, 2006.
This final-form rulemaking amends existing regulations to establish standards and criteria for prekindergarten programs operated by school districts or community agencies under contract with school districts.
We have determined this regulation is consistent with the statutory authority of the Board (24 P. S. § 26-2603-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.
ALVIN C. BUSH,
Chairperson[Pa.B. Doc. No. 06-2365. Filed for public inspection December 1, 2006, 9:00 a.m.]
