INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [45 Pa.B. 2961]
[Saturday, June 13, 2015]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, May 28, 2015, and announced the following:
Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective May 27, 2015
Bureau of Professional and Occupational Affairs #16A-5212: Schedule of Civil Penalties—Optometrists (adds 49 Pa. Code § 43b.25)
Action Taken—Regulations Approved:
Pennsylvania Liquor Control Board #54-81: Economic Development Licenses (amends 40 Pa. Code § 3.105)
Department of Agriculture #2-159: Preferential Assessment of Farmland and Forest Land under the Clean and Green Act (amends 7 Pa. Code Chapter 137b)
State Board of Nursing #16A-5126: Continuing Education; Reporting of Crimes and Discipline (amends 49 Pa. Code Chapter 21)
Pennsylvania Public Utility Commission #57-296: Motor Carrier Vehicle List and Vehicle Age Requirements (amends 52 Pa. Code § 29.314(c)—(d) and § 29.333(d)—(e))
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Approval Order Public Meeting Held
May 28, 2015Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Pennsylvania Liquor Control Board—
Economic Development Licenses;
Regulation No. 54-81 (#3086)On November 5, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code § 3.105. The proposed regulation was published in the December 6, 2014 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 9, 2015.
This rulemaking establishes criteria to be used by the Board when determining if an applicant for an economic development license has exhausted all reasonable means for obtaining a suitable license within a county.
We have determined this regulation is consistent with the statutory authority of the Board (47 P. S. 2-207(i)) 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
May 28, 2015Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of Agriculture—
Preferential Assessment of Farmland and Forest
Land under the Clean and Green Act;
Regulation No. 2-159 (#3015)On July 19, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking amends 7 Pa. Code Chapter 137b. The proposed regulation was published in the August 3, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 16, 2015.
This final regulation implements statutory changes made to the Pennsylvania Farmland and Forest Land Assessment Act of 1974, commonly referred to as the Clean and Green Act, over the last 10 years. It also adds language to assist in the administration of the Clean and Green Program.
We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. § 5490.11) 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
May 28, 2015Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Board of Nursing—
Continuing Education; Reporting of
Crimes and Discipline;
Regulation No. 16A-5126 (#3046)On January 17, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking amends 49 Pa. Code Chapter 21. The proposed regulation was published in the February 1, 2014 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 24, 2015.
This rulemaking amends the current continuing education regulations for registered nurses (RNs) and modifies the timeline by which RNs, licensed practical nurses and licensed dietician-nutritionists must notify the Board of criminal and disciplinary actions.
We have determined this regulation is consistent with the statutory authority of the State Board of Nursing (63 P. S. § 422.8, 63 P. S. §§ 212.1(k) and 222(a) and 63 P. S. § 667.6) 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
May 28, 2015Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Pennsylvania Public Utility Commission—
Motor Carrier Vehicle List and Vehicle Age Requirements;
Regulation No. 57-296 (#3033)On October 3, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code § 29.314(c)—(d) and § 29.333(d)—(e). The proposed regulation was published in the October 19, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 27, 2015. At its April 16, 2015 public meeting, the Commission voted to disapprove the final-form regulation. On April 22, 2015, the revised final-form regulation was submitted to the Commission.
The regulation eliminates the vehicle list requirements for taxis and limousines; eliminates a waiver exception related to operating a taxi or limousine beyond the limitations set in regulation; replaces vehicle age limitations for taxis and limousines; and incentivizes the use of alternative fuel vehicles.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. §§ 501, 1301, 1501 and 2301) 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, as revised, is approved
GEORGE D. BEDWICK,
Vice Chairperson[Pa.B. Doc. No. 15-1138. Filed for public inspection June 12, 2015, 9:00 a.m.]
