[27 Pa.B. 630]
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Regulation Being Considered Proposed Date Need and Legal Basis for Action Agency for Promulgation Contact Chapter 89--Underground Mining of Coal and Coal Preparation Facilities
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act, Bituminous Mine Subsidence and Land Conservation ActFebruary 1997, as proposed to the EQB. Various sections of Chapter 89 are obsolete and will be addressed along with amendments which are necessary to bring Pennsylvania's program into conformance with 1994 amendments to Pennsylvania law (Act 54) and 1995 amendments to Federal regulations. These changes involve subsidence damage and water loss due to underground bituminous coal mining. These changes do not fall within the purview of the MRAB; therefore, no advisory committee review is anticipated. Harold Miller, 717-783-8845 Chapter 77--Noncoal Mining
Noncoal Surface Mining Conservation and Reclamation ActAdopted December 1996, as proposed by the EQB. These amendments will clarify the standards for exemption from preblast surveys, delete obsolete regulations, and provide less prescriptive regulations for bond releases, hydrologic and geologic information, treatment facilities and sediment controls. The proposal will also simplify exploration requirements, bond adjustments and forfeitures, and clarify public notice requirements on permit revisions and setback waivers. These changes do not fall within the purview of the MRAB; therefore, no advisory committee review is anticipated. Thomas Whitcomb, 717-783-8845 Chapter 86, Subchapter C--Small Operator Assistance Program
Surface Mining Conservation and Reclamation ActJanuary 1997, as proposed to the EQB. These amendments are necessary to provide clarification of program requirements and eliminate redundant language in this section. The proposal has been reviewed by the MRAB. David Hogeman 717-787-4761 Chapter 86, Subchapter D--Areas Unsuitable for Mining
Surface Mining Conservation and Reclamation Act, Coal Refuse Disposal Control Act, Clean Streams LawFebruary 1997, as proposed to the EQB. These amendments are necessary to provide clarification and ensure efficient processing of requests for designation of areas as unsuitable for mining. The proposal has been reviewed by the Mining Reclamation Advisory Board. David Hogeman 717-787-4761 Chapters 86-90, Coal Mine Permitting and Performance Standards
Surface Mining Conservation and Reclamation Act, Clean Streams LawFebruary 1997, as proposed to the EQB. These amendments are necessary to address requirements which may be placing undue restrictions on the Pennsylvania coal mining industry and which may be hampering the industry's ability to compete effectively with coal mining in other states. In all chapters, the amendments involve information requirements for permits and performance standards. Specifically, the amendments will clarify requirements relating to casing and sealing drill holes, administrative requirements relating to coal exploration and regrading, and minimize fish and wildlife impacts. The proposal has been reviewed by the MRAB. Nevin Strock, 717-783-8845 Chapters 78 (Oil and Gas Wells), 79 (Well Drilling and Use) and 80 (Gas Well Classification)
Oil and Gas Act, Clean Streams Law, Solid Waste Management ActMarch 1997, as proposed to the EQB. These amendments are being initiated to repeal obsolete provisions relating to gas well classification, clarify certain provisions, and to make other provisions less prescriptive. The Oil and Gas Technical Advisory Board (TAB) will be involved in developing these amendments. James Erb 717-772-2199 GENERAL SERVICES
Instructions to Bidders
4 Pa. Code, Chapter 61Summer 1997, as proposed. This Chapter has been superseded and should be repealed. Merle H. Ryan
(717) 787-7095General Conditions of the Construction Contract
4 Pa. Code Chapter 63Summer 1997, as proposed. This Chapter has been superseded and should be repealed. Merle H. Ryan
(717) 787-7095State Art Commission
4 Pa. Code Chapter 65Summer 1997, as proposed. The legislation creating the State Art Commission was sunsetted. Merle H. Ryan
(717) 787-7095Emergency Construction Repairs
4 Pa. Code Chapter 67Spring 1997, as proposed. The regulation should be amended to more accurately reflect present practice and to delete contract provisions. Such provisions should not be in regulatory form and their deletion will serve the same purpose as noted for Chapter 61. Merle H. Ryan
(717) 787-7095Contract Compliance
4 Pa. Code Chapter 68Fall 1997, as proposed. Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services John R. McCarty
(717) 783-8720Commonwealth Parking Facilities
4 Pa. Code Chapter 71Fall 1997, as proposed. Amendments are required because parking locations have been changed. Ronald L. Coy
(717) 783-5028Processing Subscriptions and Sales of Pennsylvania Code and Related Publications
4 Pa. Code Chapter 81Summer 1997, as proposed. These regulations should be repealed since the Department of General Services' Bureau of Management Services no longer has responsibility for the processing of subscriptions and orders for the Pennsylvania Code. The Pennsylvania Code contractor is now responsible for Pennsylvania Code subscriptions. John R. McCarty
(717) 783-8720Death Benefits for Survivors of Firemen and Law Enforcement Officers
4 Pa. Code Chapter 89Spring 1997, as proposed. Since Act 101 of June 24, 1976 (P. L. 424) was amended by Act 161 of 1994 (P. L. 1373), the regulations must be amended to reflect the legislative changes. Ronald L. Coy
(717) 783-5028HEALTH
Drug and Alcohol Confidentiality
4 Pa. Code § 255.1 et seq. and § 257.1 et seq.June 1997, as proposed. These regulations are being reviewed for updating and to address concerns regarding availability of records of patients being treated for drug and alcohol related problems. Keith Fickel 717-783-2500 Communicable Diseases
28 Pa. Code § 27.1 et seq.March 1997, as proposed. The amendments to existing regulations would be consistent with current public health practices for the control of communicable and other reportable conditions. Currently under review by Bureau of Community Health, Bureau of Preventive Health, Bureau of Epidemiology and Bureau of Maternal and Child Health. Suzanne Craig 717-783-2500 Environmental Health Assessment
28 Pa. Code § 17.1 et seq.May 1997, as proposed. These amendments are partially necessitated by the transfer of authority for certain environmental regulations from the Department of Environment Protection to the Department of Health. The DOH has met with consumer groups to obtain stakeholder input. Nan Lipton 717-783-2500 Long Term Care Facilities
28 Pa. Code § 201.1 et seq.February 1997, as proposed. These regulations are being updated to bring them into compliance with state and federal statutory and regulatory changes, and to reflect the current methods of provision of long term care. These regulations are mandated by the Health Care Facilities Act, 35 P. S.§ 448.101 et seq. Laurie McGowan 717-783-2500 Hospital Licensure
28 Pa. Code § 101.1 et seq.August 1997, as proposed. These regulations will be updated to reflect current practice and changes in state and federal law. Authorization for these regulations is provided in the Health Care Facilities Act, 35 P. S. § 448.101 et seq. Laurie
McGowan 717-783-2500Newborn Screening
28 Pa. Code § 28.1 et seq.March 1997, as proposed. These regulations are to address amendments to the Newborn Child Testing Act regarding procedures and time frames for the drawing of blood and filing of reports and the addition of two reportable diseases. Authority for these regulations is set forth in the Newborn Child Testing Act, 35 P. S. § 621.1 et seq. Yvette Kostelac 717-783-2500 Dental Laboratory Rules
28 Pa. Code § 25.301 et seq.April 1997, as proposed. These new regulations are needed to establish standards for the operation of laboratories in dental offices, as required by the Controlled Substances, Drug Device and Cosmetic Act at 35 P. S. § 780-101 et seq. These proposed regulations will be released for public comment shortly. Laurie
McGowan 717-783-2500Emergency Medical Services
28 Pa. Code § 1001.1 et seq.June 1997, as proposed. The proposed amendments to the current regulations for the operation of the Emergency Medical System in the Commonwealth are pursuant to the Emergency Medical Services Act, 35 P. S. Section 6921-6938. Kenneth Brody 717-787-2500 HOUSING FINANCE AGENCY
No regulations being developed or considered at this date. INFRASTRUCTURE INVESTMENT AUTHORITY Pennsylvania Infrastructure Investment Authority
Financial Assistance
25 Pa. Code Chapter 963
Water Pollution Control Revolving Fund
25 Pa. Code Chapter 965May 1997, as final. These regulations and amendments establish the Water Pollution Control Revolving Fund (''WPCRF'') in accordance with the federal requirements set forth in the Water Quality Act of 1987 (33 U.S.C.A. §§ 1251--1387). This fund is a revolving loan fund used to finance projects to construct public sewer systems. Currently, the WPCRF program is operating by guidelines; however, the need for regulations is evident. These regulations and amendments to existing regulations are a collaborative effort of the regulated community, the Department of Environmental Protection (''DEP''), the U.S. Environmental Protection Agency (''EPA'') and the Pennsylvania Infrastructure Investment Authority (''PENNVEST''). The grant of authority to issue these regulations is set forth in Sections 5(c) and 6(4), (6) of the Pennsylvania Infrastructure Investment Authority Act ,35 P. S. § 751.5(c)(2) and 751.6(4) and (6). Brion Johnson
(717) 783-6798Individual On-Lot Sewage Disposal System Program
25 Pa. Code Chapter 967July 1997, as proposed. These proposed regulations set forth the terms and conditions for obtaining financial assistance from the Individual On Lot Sewage System Program (''Program''). This Program affords citizens of the Commonwealth a means to finance and comply with environmental sewage disposal regulations in rural areas where households are not and will not be served by a centralized sewage disposal system. The regulations are necessary to instruct the individual homeowners on how to apply for assistance, on funding eligibility criteria and on how the Program is administered. These regulations have been a collaborative effort of the Department of Environmental Protections ('' DEP ''), the U.S. Environmental Protection Agency (''EPA''), the Pennsylvania Housing Agency (''PHA'') and the Pennsylvania Infrastructure Investment Authority (''PENNVEST''). The grant of authority to issue these regulations is set forth in Section 6(4)(i) of the Pennsylvania Infrastructure Investment Authority Act 35 P. S. § 751.6(4)(i). Brion Johnson
(717) 783-6798INSURANCE No-Fault Motor Vehicle Insurance
31 Pa. Code, Chapter 66January 1997, as final. Repeal obsolete regulations relating to no-fault automobile insurance. The No-Fault Automobile Insurance Law was repealed in 1984. Helfried
LeBlanc 717-787-6174Notice of Increase in Premium
31 Pa. Code, Chapter 113, ''113.81-87June 1997, as final. Amend current regulations to be consistent with 1995 amendments to Act 86 of 1986, which governs the termination of commercial property and casualty insurance policies. Act 10 of 1995, reduced the period for advance notice of policy termination from 60 to 30 days and eliminated the requirement that companies provide insureds with notice of estimated increases in premium. The proposed regulation reflects these statutory changes and clarifies various other provisions of Act 86 . Helfried
LeBlanc 717-787-6174Disclosure of Material Transactions
31 Pa. Code, Chapter 27June 1997, as final. Under § 320 of The Insurance Company Law of 1921 (40 P. S. § 443), insurers transacting business in the Commonwealth are required to file financial statements with the Department on an annual basis, and the Department has the discretion to require additional statements as necessary. The proposed regulation requires domestic insurers to file interim statements of specific transactions which may have an effect on the financial condition of the company. The regulation is required for continued accreditation by the National Association of Insurance Commissioners (NAIC). Arnold Braun 717-783-2142 Credit for Reinsurance
31 Pa. Code, Chapter 163January 1997, as final. This regulation adopts 31 Pa. Code, Chapter 163, Requirements for Funds Held as Security for the Payment of Obligations of Unlicensed, Unqualified Reinsurers. The proposed regulation provides both ceding insurers and reinsurers with formal guidelines designating the forms of security acceptable to the Department. This regulation is required to maintain NAIC accreditation. Arnold Braun 717-783-2142 Underground Storage Tank Indemnification Fund--Claims Regulation
25 Pa. Code Chapter 977Summer 1997, as proposed. Require underground storage tank owners be in compliance with certain leak detection standards in order to obtain claims coverage from the Underground Storage Tank Indemnification Fund. The proposed regulation establishes requirements for owners to file such claims. Ronald Gallagher 717-783-8093 Underground Storage Tank Indemnification Fund--Fee Regulation
25 Pa. Code Chapter 971Summer 1997, as final. Amend the existing fee regulation for the Underground Storage Tank Indemnification Fund (USTIF) to comport with the USTIF Board's decision to reduce fees of the USTIF. Ronald Gallagher 7l7-783-8093 Catastrophic Loss Trust Fund
31 Pa. Code Chapter 67Summer 1997, as proposed. Repeal obsolete regulation for the automobile insurance Catastrophic Loss Trust Fund. The Fund was abolished and replaced with the Catastrophic Loss Benefits Continuation Fund. Ronald Gallagher 7l7-783-8093 Credit Insurance
31 Pa. Code Chapters 71 and 73Summer 1997, as proposed. Because legislation passed in July 1994 expanded the Insurance Department's regulatory authority over credit unemployment insurance, the current credit insurance regulations will be expanded to include credit unemployment insurance. Additionally, the regulations will be revised to provide for less burdensome rating and rate deviation procedures, for new prima facie rates, and to incorporate and update numerous current credit insurance notices and guidelines. Gregory Martino 717- 787-5079 Pennsylvania FAIR Plan
31 Pa. Code Chapter 111June 30, 1997, as proposed Repeal because the provisions are sufficiently addressed in the authorizing statute. The Pennsylvania Fair Plan Act provides for the establishment of an Industry Placement Facility to assure fair access to insurance requirements in order to make available basic property insurance for residential and commercial properties in the Commonwealth. Because the provisions of this regulation are sufficiently addressed in the Act and in no manner enhance the authorizing statute, it is proposed for repeal. Helfried
LeBlanc 7l7-787-6174Miscellaneous: Unsafe Products, Consumer Affairs, Advertising, 31 Pa. Code Chapter 137 June 30, 1997, as proposed. Repeal regulation, adopted in 1971, that requires companies to provide the Insurance Department with reports on unsafe products; to provide notification of internal consumer affairs programs; and to practice honest advertising of insurance products. The Department has determined that statutory authority already exists to request this information, if necessary. The requirements also duplicates information required by the Federal government. The consumer complaint and advertising provisions of the regulation also are addressed by statute. Diana Donovan 7l7-787-4429. Certificates of Insurance
31 Pa. Code Chapter 113, §§ 113.31-32June 30, 1997, as proposed. Repeal a redundant regulation that reiterates Section 354 of the Insurance Company Law of 1921 (40 P. S. § 477b), which prohibits the use of policy forms and documents that have not been approved by the Department, including Certificates of Insurance. Helfried
LeBlanc 7l7-787-6174Deductible Program
31 Pa. Code Chapter 131June 30, 1997, as proposed. Repeal the regulation that restates the filing and approval requirements for the optional deductible programs which are provided for in the Insurance Department Act. Additionally, the Department, through its market conduct activities, monitors the marketplace to ensure compliance with statutory requirements for the filing and approval of rates and forms. Gregory Martino 7l7-783-5079 Mass Merchandising of Property and Casualty Insurance
31 Pa. Code Chapter 113, §§ 113.51-62June 30, 1997, as proposed. Repeal unnecessary regulation which attempts to prevent specific abuses because statutory authority is present under the Unfair Insurance Practices Act (40 P. S. § 1171.5). Further, the regulation duplicates existing authorities governing the filing of insurance rates and policy forms. Gregory Martino 717-783-5079 Public Adjusters
31 Pa. Code Chapter 115June 30, 1997, as proposed. The regulation was initially promulgated to clarify the requirements of public adjuster contracts. The authorizing statute, Act 72, was amended in 1983 (63 P. S. §§ 1601--1608), and the Insurance Department seeks to modify Chapter 115 to be consistent with the revised statutory language. Additionally, three sections have been proposed for deletion since they mirror the Act. Helfried
LeBlanc 7l7-787-6174Private Passenger Automobile Policy Forms
31 Pa. Code Chapter 64Summer 1997, as proposed. Repeal redundant regulation, adopted in 1975, which required insurers to provide simply written and understandable auto insurance policies. The regulation is unnecessary because its requirements repeat or duplicate present statutory requirements. Gregory Martino 7l7-783-5079 Producer Licensing
31 Pa. Code Chapter 37Summer 1997, as proposed. Amends 31 Pa. Code, Chapter 37, Agent Certificates of Qualification and Broker Licenses, consistent with statutory amendments in Act 72 of 1996. The new law changes agents' and brokers' renewal cycles to two years from the original date of issue of the certificate of qualification. This change will streamline license processing by eliminating confusion over prorated application fees based on the applicant's birth date. Arnold Braun 717-783-2142 Notices For and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies
31 Pa. Code Chapter 61Summer 1997, as proposed. Modify regulation consistent with the statute (40 P. S. Sections 1008.1 et.seq.). The regulations provide guidance to automobile insurers relating to cancellations and nonrenewals of certain automobile insurance policies, and the available administrative process to secure an administrative review of such terminations. Helfried LeBlanc 7l7-787-6174 Life Insurance Illustrations Summer 1997, as proposed. Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form. Gregory Martino 717-783-5079 Accident and Health
Insurance Regulation
31 Pa. Code Chapter 89Summer 1997, as proposed. Changes will be promulgated regarding the deregulation of rates and forms filings for accident and health insurance, as a result of Act 159 of 1996. Changes will be made pursuant to the health care provisions of the Federal Health Insurance Portability and Accountability Act of 1996. Gregory Martino 7l7-783-5079 Medical Professional Catastrophe Loss Fund
31 Pa. Code Chapter 242Summer 1997, as proposed. Act 135 of 1996 reforms the Medical Professional Liability Catastrophe Loss Fund (Fund) by raising primary coverage limits for health care providers to $300,000. The statute also changes the formula used to assess providers' Fund coverage from a premium based method to one fixed on filed Joint Underwriting Association rates. The Insurance Department will amend its regulations consistent with the statute. Gregory Martino 7l7-783-5079 Operating Expense Classifications
31 Pa. Code Chapter 1Summer 1997, as proposed. Proposed for repeal pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Composition of and Allocation to Expense Groups
31 Pa. Code Chapter 5Summer 1997, as proposed. Proposed for repeal pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Allocation to Lines of Business
31 Pa. Code Chapter 7Summer 1997, as proposed Proposed for repeal pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Salaries and Other Expenses
31 Pa. Code Chapter 9Summer 1997, as proposed. Proposed for repeal pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Fraternal Beneficial Societies/Administration and Reserves
31 Pa. Code Chapters 41 and 43Summer 1997, as proposed. Proposed for repeal pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Objections and Procedure for Hearings on Reports of Examination
31 Pa. Code Chapter 58Summer 1997, as proposed. Proposed for repeal pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Collision Loss Settlements
31 Pa. Code, Chapter 65, §§ 65.11-14Summer 1997, as proposed. Proposed for repeal pursuant to Executive Order 1996-1. Helfried LeBlanc 7l7-787-6174 Genderless Auto Insurance Rates
31 Pa. Code Chapter 65, §§ 65.1-3Summer 1997, as proposed. Statement of Policy Proposed for repeal pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Mutual Insurance Companies
31 Pa. Code Chapters 101, 103 and 109Summer 1997, as proposed. Investments of Mutual Fire & Casualty Companies, Uniform Bylaws for Mutual Fire Companies, and Conversion of Certain Mutual Insurer regulations are Proposed for repeal pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Consent to Rate
31 Pa. Code Chapter 113, §§ 113.1-9Summer 1997, as proposed. Proposed for repeal pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Reporting of Premium Taxes for Foreign Fire Insurance
31 Pa. Code Chapter 113, §§ 113.21-23June 1997, as final. Repeal of obsolete regulations relating to coding requirements for fire insurance policies. Arnold Braun 7l7-783-2142 Anti-Arson Application
31 Pa. Code Chapter 117, §§ 117.1-8Summer 1997, as proposed. Proposed for repeal pursuant to Executive Order 1996-1. Helfried
LeBlanc 7l7-787-6174Discounting Medical Malpractice Insurance Loss Reserves
31 Pa. Code Chapter 118Summer 1997, as proposed. Contents of regulation will be blended with amendments to Chapter 116, Discounting Workers' Compensation Reserves. Gregory Martino 7l7-783-5079 Preparation of Filing of Property and Casualty Forms for Approval
31 Pa. Code Chapter 133Summer 1997, as proposed. Proposed for repeal pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Allocation of Joint Expenses
31 Pa. Code Chapter 3Summer 1997, as proposed. Amended language is being drafted pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Miscellaneous (Relating to Uniform Classification of Expenses)
31 Pa. Code Chapter 11Summer 1997, as proposed. Amended language is being drafted pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Securities and Stock Transactions
31 Pa. Code Chapters 21, 23 and 25Summer 1997, as proposed. Amended language is being drafted to Stock Ownership Statements, Proxies, Consents and Authorizations, and Acquisitions of Capital Stock regulations, pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Assigned Risk Plan
31 Pa. Code Chapter 33Summer 1997, as proposed. Amended language is being drafted pursuant to Executive Order 1996-1. Helfried
LeBlanc 7l7-787-6174Advertising of Insurance
31 Pa. Code Chapter 51Summer 1997, as proposed. Amended language is being drafted pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Special Rules of Administrative Practice and Procedure
31 Pa. Code Chapter 56Summer 1997, as proposed. Amended language is being drafted pursuant to Executive Order 1996-1. Galen Waltz 717-783-2126 Publication of Citations and Notice of Hearings
31 Pa. Code Chapter 57Summer 1997, as proposed. Amended language is being drafted pursuant to Executive Order 1996-1. Galen Waltz 717-783-2126 Cancellations and Refusal to Renew Homeowners Insurance
31 Pa. Code Chapter 59Summer 1997, as proposed. Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1. Helfried
LeBlanc 7l7-787-6174Physical Damage Appraisers
31 Pa. Code Chapter 62Summer 1997, as proposed. Amended language is being drafted pursuant to Executive Order 1996-1. Helfried
LeBlanc 7l7-787-6174Charter Amendments
31 Pa. Code Chapter 65 §§ 65.21-26Summer 1997, as proposed. Amended language is being drafted pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Cash Advances to Insurance Companies
31 Pa. Code Chapter 105Summer 1997, as proposed. Amended language is being drafted for this regulation. In addition, a new regulation is being drafted to address Cash Advances to Stock and Mutual Insurance Companies. Arnold Braun 7l7-783-2142 Miscellaneous (Relating to Premium Rates and Payments)
31 Pa. Code Chapter 113, §§ 113.56-57Summer 1997, as proposed. Amended language is being drafted pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Discounting Workers' Compensation Loss Reserves
31 Pa. Code Chapter 116, §§ 116.1-9Summer 1997, as proposed. Amended language is being drafted pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079
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