INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [31 Pa.B. 4503] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, July 26, 2001, and took the following actions:
Regulations Approved:
Department of State # 16-27: UCC Fees (amends 19 Pa. Code § 3.30)
Environmental Quality Board # 7-350: Radiological Health (amends 25 Pa. Code Chapters 215, 217, 219, 220, 224, 225, 226, 230 and adds a new Chapter 232)
Environmental Quality Board # 7-354: Host Municipality Fund Allocation (amends 25 Pa. Code Chapters 260a and 269a)
Insurance Department # 11-182: Insurance Holding Company Systems (amends 31 Pa. Code Chapter 25)
Approval Order Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Public Meeting held
July 26, 2001Department of State--UCC Fees; Regulation No. 16-27
On June 26, 2001, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of State (Department). This rulemaking amends 19 Pa. Code § 3.30 (relating to Uniform Commercial Code). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This rulemaking changes the Uniform Commercial Code fees for filing financing statements, charged by the Department and the county recorder of deeds offices. The revised fee amounts are $84 for a financing statement filed with the Department and $95 for a financing statement filed with a county recorder of deeds office. These revised fees have been established to generate revenue equal to the amounts collected by the Department and the counties, as required by Act 18 of 2001.
We have determined this regulation is consistent with the statutory authority of the Department (Act 18 of 2001) 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 Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Public Meeting held
July 26, 2001Environmental Quality Board--Radiological Health; Regulation No. 7-350
On August 8, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 215, 217, 219, 220, 224, 225, 226 and 230 and adds a new Chapter 232. The proposed regulation was published in the August 26, 2000 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 27, 2001.
The EQB is amending its existing radiation protection regulations to make them compatible with the regulations of the Nuclear Regulatory Commission (NRC). These revisions are required for Pennsylvania to attain Agreement State status from the NRC.
We have determined this regulation is consistent with the statutory authority of the EQB (35 P. S. §§ 7110.301 and 7110.302 and 71 P. S. § 510-20) 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.
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Approval Order Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Public Meeting held
July 26, 2001Environmental Quality Board--Host Municipality Fund Allocation; Regulation No. 7-354
On September 5, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 260a and 269a. The proposed regulation was published in the September 16, 2000 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 27, 2001.
This regulation amends Chapters 260a and 269a to clarify the definition of a ''qualifying facility'' and simplify the formula used to allocate the Host Municipality Fund if there is more than one ''qualifying facility'' in the Commonwealth in a single year.
We have determined this regulation is consistent with the statutory authority of the EQB (35 P. S. §§ 6020.303 and 6020.305(e)(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.
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Approval Order Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Public Meeting held
July 26, 2001Insurance Department--Insurance Holding Company Systems; Regulation No. 11-182
On October 5, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 25. The proposed regulation was published in the October 16, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 26, 2001.
The proposed regulation updates procedural requirements for acquisitions of or mergers with insurance companies. The regulation also updates the reporting requirements and forms related to these transactions. The regulation is intended to make the existing regulations consistent with Act 9 of 1994 and the National Association of Insurance Commissioners' reporting standards.
We have determined this regulation is consistent with the statutory authority of the Department (40 P. S. §§ 459.8 and 991.1401--991.1413) 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.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 01-1474. Filed for public inspection August 10, 2001, 9:00 a.m.]
