1228 Action taken by the Commission  

  • INDEPENDENT REGULATORY REVIEW COMMISSION

    Action Taken by the Commission

    [46 Pa.B. 3894]
    [Saturday, July 16, 2016]

     The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, June 30, 2016, and announced the following:

    Action Taken—Regulation Approved:

     State Board of Education # 6-333: Strategic Planning (amends 22 Pa. Code Subsections 12.41(a), 14.104(a), 16.4(a) and 49.16(a))

     State Board of Education # 6-329: Financial Recovery (amends 22 Pa. Code by adding Chapter 18)

     Environmental Quality Board # 7-486: Administration of the Land Recycling Program (amends 25 Pa. Code Chapter 250)

     Pennsylvania Public Utility Commission # 57-309: Customer Information Disclosure Requirements for Natural Gas Suppliers Providing Natural Gas Supply to Residential and Small Business Customers (amends 52 Pa. Code (§§ 62.72, 62.75 and 62.81))

    Action Taken—Regulation Disapproved: Order Not Yet Issued

     *Pennsylvania Public Utility Commission # 57-304: Implementation of the Alternative Energy Portfolio Standards Act of 2004

     *Will advise when order is issued.

    ____

    Approval Order

    Public Meeting Held
    June 30, 2016

    Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

    State Board of Education
    Strategic Planning
    Regulation No. 6-333 (# 3149)

     On May 26, 2016, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Subsections 12.41(a), 14.104(a), 16.4(a) and 49.16(a). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

     This final-omitted regulation deletes references to strategic plans and clarifies the plans that are required for each program under existing Section 4.13.

     We have determined this regulation is consistent with the statutory authority of the Board (24 P.S. §§ 1-121, 26-2603-B, 26-2604-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
    June 30, 2016

    Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

    State Board of Education
    Financial Recovery
    Regulation No. 6-329 (# 3064)

     On July 8, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code by adding Chapter 18. The proposed regulation was published in the July 19, 2014 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 26, 2016.

     This rulemaking identifies criteria that the Secretary of Education may consider in determining whether to place a school district in financial recovery status and provides direction on whether the financial recovery status will be deemed to be moderate or severe.

     We have determined this regulation is consistent with the statutory authority of the Board (24 P.S. § 6-621-A(a)(2)) 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
    June 30, 2016

    Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

    Environmental Quality Board
    Administration of the Land Recycling Program
    Regulation No. 7-486 (# 3057)

     On April 28, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 250. The proposed regulation was published in the May 17, 2014 Pennsylvania Bulletin with a 31-day public comment period. The final-form regulation was submitted to the Commission on May 13, 2016.

     This regulation updates the Statewide health cleanup standards, corrects errors and omissions, and clarifies certain established program policies.

     We have determined this regulation is consistent with the statutory authority of the Board (35 P.S. §§ 6026.104(a) and 6026.303(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
    June 30, 2016

    Commissioners Voting: George D. Bedwick, Chairperson, dissenting; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

    Pennsylvania Public Utility Commission
    Customer Information Disclosure Requirements for Natural Gas Suppliers Providing Natural Gas Supply to Residential and Small Business Customers
    Regulation No. 57-309 (# 3101)

     On May 20, 2015, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code (§§ 62.72, 62.75 and 62.81). The proposed regulation was published in the June 6, 2015 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 18, 2016.

     The regulation amends the customer information disclosure requirements for natural gas suppliers, requiring them to provide additional information such as a contract summary with details regarding variable-priced products, historical pricing information, and pricing and terms.

     We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. § 2206(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.

    GEORGE D. BEDWICK, 
    Chairperson

    [Pa.B. Doc. No. 16-1228. Filed for public inspection July 15, 2016, 9:00 a.m.]

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