The Directives Management System, established in 1972, is designed to provide comprehensive statements of policy and procedure on matters that affect agencies and employees under the Governor’s jurisdiction.

   The provisions of this §  1.1 amended by Executive Order No. 2001-1, dated February 13, 2001, 31 Pa.B. 1455. Immediately preceding text appears at serial page (268055).

   A management directive is not an administrative regulation with the force and effect of law. Cutler v. State Civil Service, 924 A.2d 706, 711 (Pa. Cmwlth. 2007).

 All issuances from the Governor’s Office and from agencies under the Governor’s jurisdiction, except proclamations and press releases, that are intended for distribution to two or more agencies are to be issued through the Directives Management System in one of four types of publications.

   (1)  Executive Orders, signed by the Governor, announce broad policies, programs, and responsibilities that are relatively permanent.

   (2)  Management Directives announce detailed policies, programs, responsibilities, and procedures that are relatively permanent. Management Directives are to be signed by the Governor, Lieutenant Governor, Secretary of the Budget, Secretary of Administration, or the head of any department or independent board, commission or council under the Governor’s jurisdiction.

   (3)  Administrative Circulars contain either informational material or instructions that are one-time or temporary in nature. Administrative Circulars are to be signed the same as Management Directives.

   (4)  Procedural issuances contain detailed information and guidelines for relatively restricted, well-defined operations or sets of operations. Procedural issuances may be manuals, handbooks, catalogs, guides or similar publications. Manuals are to be signed the same as Management Directives.

   The provisions of this §  1.2 amended by Executive Order No. 2001-1, dated February 13, 2001, 31 Pa.B. 1455. Immediately preceding text appears at serial pages (268055) and (200839).

   General

   A management directive is not an administrative regulation with the force and effect of law. Cutler v. State Civil Service, 924 A.2d 706, 711 (Pa. Cmwlth. 2007)

   A management directive is a tool for managing people in the executive branch of state government. Cutler v. State Civil Service, 924 A.2d 706, 711 (Pa. Cmwlth. 2007)

   A directive issued under this section satisfies the official designation requirements of 43 P. S. §  892(11) because it was issued under a ‘‘Statute, regulation, executive order or the like.’’ Bowe v. Unemployment Compensation Board of Review, 477 A.2d 587 (Pa. Cmwlth. 1984).

   Where the designation of claimant’s position as advisory was issued under this section, such designation applied to claimant’s unemployment compensation claim even though claimant began employment before the designation was made. Ging v. Unemployment Compensation Board of Review, 479 A.2d 37 (Pa. Cmwlth. 1984).

 (a)  The Secretary of Administration is responsible for operating the Directives Management System. Those responsibilities include the issuance of detailed instructions for operation of the system, ensuring that communications are reviewed for completeness and for their impact on other agencies and procedures, assuring consistency between publications, editing, maintenance of a distribution scheme, periodic publication of an index to current issuances and maintenance of back-up files on items issued.

 (b)  Originating offices are responsible for the technical content and propriety of all documents issued through the Directives Management System.

 Executive Order 1974-7, published at 6 Pa.B. 2640 (October 23, 1976), is rescinded.

 (a)  Section 1.2 (relating to policy) specifies that ‘‘Issuances from the Governor’s Office and from agencies under the Governor’s jurisdiction, except proclamations and press releases, that are intended for distribution to two or more agencies are to be issued through the Directives Management System in one of four types of publications:

   (1)  Numbered Executive Orders, signed by the Governor, announcing broad policies, programs, and responsibilities that are relatively permanent.

   (2)  Numbered Management Directives announcing detailed policies, programs, responsibilities, and procedures that are relatively permanent. Management Directives are to be signed by the Governor, Lieutenant Governor, Secretary of Administration, Budget Secretary, or the head of a department or independent board, commission, or council under the Governor’s jurisdiction.

   (3)  Numbered Administrative Circulars containing either informational material or instructions that are one-time or temporary in nature. Administrative Circulars are to be signed the same as Management Directives.

   (4)  Numbered procedural issuances containing detailed information and guidelines for relatively restricted, well-defined operations, or sets of operations. Procedural issuances may be manuals, handbooks, catalogs, guides, or similar publications. Manuals are to be signed the same as Management Directives.’’

 (b)  Management Directives and Manuals are numbered in sequence by category (e.g., Financial Management) and subcategory (e.g., Payroll).

 (c)  Changes to Executive Orders, Management Directives, and Manuals (catalogs, handbooks, bulletins, etc.) may be issued in the form of amendments. Amendments are complete documents incorporating all changes since the last complete issuance. Dots are placed in the margins to show the new or revised text. Some older documents have revisions, which are generally pen and ink changes or replacement pages and affect only those parts of an issuance being changed. (Revisions are no longer being issued; changes are now made in the document and it is reissued as an Amended version of the document.) Additionally, when a document has been amended, the previous document should be removed from the file and recycled.

 (d)  For any questions regarding Directives Management, contact ra-eb-dms@state.pa.us or 717/783-5055.

 (a)  Under sections 221 and 709(d) of The Administrative Code of 1929 (71 P. S. § §  81 and 249(d)), the Executive Board has, in a resolution dated September 26, 1985, determined the hours when the central administrative offices of State Government are to be open for the transaction of public business at least 8 hours each day, except Saturdays, Sundays, and selected holidays as determined by the Executive Board.

 (b)  An agency may authorize employees to work a standard schedule at hours outside the office hours shown on the schedule of office hours. An agency may assign employees to work staggered work hours to meet program or operational needs, or approve employee requests to accommodate transportation, family care, education, or other compelling reasons. An agency also may establish, with Office of Administration approval, alternate work schedules andflex-time arrangements for operational units that measurably will improve efficiency and/or client service. Such scheduling variations outside of an agency’s standard operating hours cannot impair the operational efficiency or client service provided by the agency.

 (c)  The opening and closing hours of field administrative offices shall be determined by each agency head in a manner consistent with its operational needs and in conformance with section 221 of The Administrative Code.

 (d)  Requests for changes to the schedule shall be forwarded to the Secretary of Administration, with justification, for consideration by the Executive Board.

 (e)  The schedule of office hours is as follows: 7:30 a.m.—4 p.m. Liquor Control Board; 7:30 a.m.—4:30 p.m. Civil Service Commission, Public School Employees’ Retirement System; 7:30 a.m.—5 p.m. Executive Offices, Revenue; 7:45 a.m.—4:15 p.m. Pa. Municipal Retirement System; 8 a.m.—4 p.m. Agriculture, Emergency Management Agency, Fish and Boat Commission, Game Commission, Milk Marketing Board; 8 a.m.—4:30 p.m. Environmental Protection, Insurance, Public Utility Commission, State Employees’ Retirement System, State Tax Equalization Board, Transportation, Treasury; 8 a.m.—5 p.m. Conservation and Natural Resources, Corrections, Education, General Services, Health, Labor and Industry, Public Television Network Commission, State; 8:15 a.m.— 94:15 p.m. State Police; 8:15 a.m.—4:30 p.m. Military and Veterans Affairs; 8:30 a.m.—4:45 p.m. Probation and Parole Board; 8:30 a.m.—5 p.m. Aging, Attorney General, Auditor General, Banking, Community and Economic Development, Governor’s Office, Historical and Museum Commission, Lieutenant Governor’s Office, Public Welfare, Securities Commission.

   The provisions of this §  1.5 amended September 6, 1990, effective September 6, 1990; amended March 21, 2003, effective March 22, 2003, 33 Pa.B. 1452. Immediately preceding text appears at serial pages (236357) to (236358) and (200865).

Subchapter B. HEALTH CARE

Sec.

 In addition to serving as the focal point for coordinating the collection, analysis and dissemination of health data, the State Center for Health Statistics and Research shall:

   (1)  Provide statistical support services to meet the needs of Federal, State and local data users and providers in both public and private sectors.

   (2)  Continue its commitment to reducing duplication of data collection and processing through shared data systems to:

     (i)   Improve the quality, timeliness and comparability of health statistics.

     (ii)   Analyze and disseminate information on the health status of Pennsylvanians and utilization of the health care delivery system.

     (iii)   Provide equal access to data to appropriate data users. Access shall be limited by provisions of guarantees for the confidentiality of individually identifiable data.

 Executive Orders 1986-4 and 1976-2 are rescinded.

Subchapter C. INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES

Sec.

 (a)  General provisions. A meeting of an agency at which official action or deliberations by a quorum of the members of an agency take place shall be open to the public unless exempt from this subchapter or closed for an executive session. The agencies official actions and deliberations which are covered by this subchapter are defined by § §  1.42, 1.43 and 1.44 (relating to agencies; official action; and deliberations). Exemptions from this subchapter are set forth in subsection (i), and executive sessions may be closed as provided by §  1.45 (relating to executive sessions).

 (b)  Voting. Votes taken at open meetings shall be publicly cast and, in the case of role call votes, recorded in the minutes of the agency. Agencies may take official action by notational voting as provided by §  1.43(c).

 (c)  Minutes. Written minutes of open meetings prepared as set forth in §  1.52 (relating to minutes) shall be kept and made available as a public record for examination and copying.

 (d)  Public notice. Public notice in the manner provided by §  1.53 (relating to notice) shall be given at least 3 days in advance of an agency’s first regular meeting of each calendar or fiscal year and at least 24 hours in advance of a special meeting or rescheduled meeting.

 (e)  Emergency meetings. Advance public notice is not required in the case of an emergency meeting as provided by §  1.54 (relating to emergency meetings).

 (f)  Schedule of regular meetings. An agency shall give public notice of their schedule of regular meetings for the calendar or fiscal year, either prior to or immediately following the agency’s first regular meeting.

 (g)  Rules of order. An agency may adopt rules and regulations necessary for the conduct of meetings and the preservation of order as provided by §  1.55 (relating to rules and regulations).

 (h)  Recording devices. Subject to rules and regulations adopted by an agency, as provided by §  1.56 (relating to use of recording devices), a person attending an open meeting of the agency has the right to use recording devices to record proceedings of the meeting.

 (i)  Exemptions. An agency is not required to conduct open meetings to hold conferences under §  1.57 (relating to conferences), to take administrative action as provided by §  1.58 (relating to administrative action) or, as set forth in §  1.59 (relating to exemptions), to take official action or conduct deliberations regarding a matter which, if conducted in public, would violate a lawful privilege or lead to the disclosure of information or confidentiality protected by law, including the investigation of violations of law and quasi-judicial deliberations.

 (j)  Meeting locations. An agency shall conduct open meetings at locations reasonably accessible by members of the public and with adequate seating and other facilities to allow effective public observation and, if appropriate, participation in agency deliberations. A meeting site shall be accessible to handicapped individuals and shall either be within a public building or at a location fully open and available to members of the general public. A meeting may not be conducted at a private club or another location not customarily accessible by members of the public.

 (a)  General provisions. This subchapter applies to an agency of the executive branch of the government of the Commonwealth which:

   (1)  Is created by or under a statute.

   (2)  Performs, or has for its purpose the performance of essential governmental functions.

   (3)  Exercises governmental functions through the joint action of two or more individual members of the agency.

   (4)  Takes official action.

 (b)  Advisory agencies. This subchapter applies to an agency of the executive branch which exercises solely advisory functions to the extent the rendering of advice by the agency affects substantive or procedural, personal or property rights, privileges, immunities, duties, liabilities or obligations of the public or a part thereof. The rendering of advice has such effect in situations including, but not limited to, those in which the offering of advice is legally necessary for the exercise of essential governmental functions by another agency or by law forms a part of a legally reviewable record for subsequent adjudicative or regulatory proceedings.

 (c)  Joint actions. This subchapter applies to a group composed of two or more agency heads or public officials which by law perform essential governmental functions through the joint action of its members. This subchapter does not apply to the group to the extent its members are separately required to review, approve or offer advice, comment or consultation regarding an official action and do not constitute a single legal entity for the purpose of jointly taking the action.

 (d)  Governor’s Cabinet. This subchapter applies to the Governor’s Cabinet when meeting on official policymaking business. Official policymaking business refers to discussions, deliberations or decisions vested in the cabinet by law or executive order with regard to the formation, endorsement, ratification or approval of a program or general plan for the conduct of governmental functions. Except as otherwise provided by this subchapter, this subchapter applies to meetings of the Human Resources Committee of the Cabinet, the Economic Development Committee of the Cabinet and the Governor’s Task Force on Regulatory Relief. This subchapter does not apply to informal meetings of the cabinet, such as breakfasts, luncheons, dinners and receptions conducted primarily to exchange information regarding the general administration of State government or for predominantly social purposes.

 (e)  Committees. This subchapter applies to a committee composed from the membership of an agency if the committee has been authorized by the agency to take official action on behalf of the agency or to render advice to the agency on matters of agency business. Advisory committees are subject to this subchapter to the same extent and subject to the same limitations as advisory agencies.

 (f)  Departments. Departments and other agencies of the executive branch headed by a single executive officer and meetings between department heads and other officers, investigators and employes for the purpose of making determinations or soliciting information are not subject to this subchapter.

 (g)  Staff meetings. This subchapter applies to a committee or group of agency staff members authorized by law to take official action through the joint action of its members. This subchapter does not apply to a committee or group of staff members providing advice or assistance to the agency or authorized by the agency to take official action.

 (a)  Covered activities. Official action by a quorum of the members of an agency shall be subject to this subchapter if the members of the agency at a meeting vote or otherwise make a decision regarding one of the following:

   (1)  The adoption of recommendations made under a law or executive order.

   (2)  The establishment of policies of general or widespread prospective applicability.

   (3)  The adoption of a motion, proposal, resolution, rule, regulation, report or order.

   (4)  The creation of liability by contract or otherwise.

   (5)  The adjudication of rights, duties or responsibilities.

 (b)  Hearings. This subchapter does not apply to the conduct of investigative or adjudicative hearings at which neither formal action nor deliberations take place. The hearings shall be governed by 2 Pa.C.S. (relating to administrative law and procedure) or other appropriate Commonwealth statutes.

 (c)  Notational voting.

   (1)  Unless otherwise provided by law, the members of an agency may cast votes by the use of notational or round-robin voting whereby members vote individually and separately upon a recommended written motion, proposal, resolution, rule, regulation, ordinance, report or order prepared by the staff or an individual member of the agency and circulated for approval to the members of the agency.

   (2)  An agency may utilize notational voting only to expedite decision making or to remove uncontested or noncontroversial matters from the agenda of public meetings in order to facilitate public deliberations of contested or significant items. An agency may not utilize notational voting for the purpose of avoiding the public discussion of significant issues or to conceal the actual casting of votes by members of an agency at an open meeting.

   (3)  An agency may utilize notational voting for the purpose of adopting a written opinion which explains or documents a decision made by the agency at an open meeting.

   (4)  Notational votes may not be cast during a recess called during an open meeting.

   (5)  At the first public meeting following the making of decisions or the adoption of written opinions by notational voting, an announcement shall be made that matters have been considered by notational voting and the substance of official actions taken by notational voting and the record of votes cast by individual members upon the matters shall be entered upon the minutes of the meeting.

 (a)  Scope. Deliberations by a quorum of the members of an agency shall be subject to this subchapter if the members of the agency discuss agency business for the purpose of making a decision.

 (b)  Presumption. It shall be presumed that whenever a quorum of an agency meets by prearrangement to discuss agency business that the meeting occurs for the purpose of making a decision unless based upon clear and convincing evidence the meeting does not satisfy the criteria in subsection (b).

 (c)  Covered discussions. Discussions are held for the purpose of making a decision if the following exist:

   (1)  The agency is scheduled to take or reasonably anticipates taking official action involving a decision on agency business in the reasonably immediate future.

   (2)  The agency has formulated recommendations, policies, motions, proposals, resolutions, rules, regulations, reports or orders relating to agency business upon which decisions will be made or with reasonable specificity has indentified courses of agency action upon which the recommendations, policies, motions, proposals, resolutions, rules, regulations, reports or orders will be prepared.

   (3)  The discussions involve direct or indirect indications of how individual members of the agency will vote upon matters subject to official action by the agency.

   (4)  The discussions occur at a prearranged gathering of the members of the agency held for the purpose of deliberations upon agency business or the meeting is held for another purpose and the meeting includes a significant or substantial amount of deliberation among a quorum of the members of the agency.

 (d)  Informal meetings. This subchapter does not apply to informal meetings of a quorum of the members of an agency, such as breakfasts, luncheons, dinners and receptions conducted primarily to exchange information about general agency operations or for predominantly social purposes. Agency members shall avoid discussions at meetings which directly or indirectly indicate how individual members will vote upon matters subject to official action by the agency.

 (a)  Purpose. An agency may hold a meeting from which the public is excluded for one or more of the purposes in § §  1.46—1.51.

 (b)  Attendance. An agency may admit to an executive session persons necessary to carry out the purpose of the meeting. The persons may include, but are not limited to, agency staff, legal and technical advisors and individuals and their representatives who may be affected by matters to be discussed at an executive session. An agency may also meet with auditors and legislative investigatory committees in an executive session.

 (c)  Procedure. An executive session may be held during an open meeting, at the conclusion of an open meeting or may be announced for a future time at an open meeting. If an agency conducts an executive session which was not announced at an open meeting, the agency shall give each of its members at least 24 hours’ notice in advance of the time of the meeting unless all of the members of an agency by unanimous agreement waive the requirement for the notice.

 (d)  Notice. At the open meeting occurring immediately prior or subsequent to an executive session, the agency shall announce and include within its minutes, the date, time, location and purpose of the executive session. The purpose of an executive session may be explained by a general reference to the types or categories of subjects discussed at the session and need not identify with specificity persons or matters considered during the meeting.

 (e)  Official action. Unless otherwise provided by law or exempt under §  1.59 (relating to exemptions), a meeting at which a quorum of the members of an agency take official action with regard to matters discussed at an executive session shall be open to the public.

 (f)  Minutes. The agency shall keep minutes of each executive session in the same manner required by §  1.52 (relating to minutes) for open meetings. The minutes of executive sessions do not constitute records available for public inspection and copying.

 (a)  Scope. An agency may hold an executive session to discuss a matter related to the employment, appointment, termination of employment, evaluation of performance, promotion or disciplining of a specific prospective, current or former public officer or employe employed by the agency.

 (b)  Closed hearings. An executive session may include, at the discretion of the agency, a closed hearing attended by the individual subject to the proceedings and the individual’s legal representative. Unless otherwise provided by law, the record of the hearing is not a record available to the public for copying and examination.

 (c)  Requests for open meetings. Unless otherwise provided by law, the individual whose rights could be adversely affected by discussions at an executive session regarding personnel matters may request, in writing, that the matters be discussed at an open meeting. The request shall include a specific waiver of the rights to confidentiality regarding personnel records, reports and other matters material to the proceedings to the extent the records, reports or other matters are discussed at an open meeting. The agency may grant or deny a request to conduct discussions in an open meeting. The agency shall deny the request to conduct the discussions at an open meeting if the meeting would impair the progress of an investigation by the agency into other or related matters concerning the official duties of the agency or would operate to the improper prejudice or impairment of another person’s personal safety or reputation.

 (d)  Official actions and suspensions. Unless otherwise provided by law and as required under §  1.45(e) (relating to executive sessions), a meeting by a quorum of the members of the agency at which official action is taken to hire, appoint, terminate, reward, promote or discipline an employe shall be open to the public. The agency may, pending the formal action, temporarily suspend an employe or public official under procedures established by the Office of Administration or the Executive Board.

 (a)  Scope. An agency may conduct an executive session to hold information, strategy and negotiation sessions related to the negotiation or arbitration of a collective bargaining agreement or, in the absence of a collective bargaining unit, related to labor relations and arbitration.

 (b)  Attendance. An executive session to consider labor relations matters session may be attended, at the discretion of the agency, by representatives of employes or their bargaining organizations.

 (c)  Official actions. Unless otherwise provided by law and as required under §  1.45(e) (relating to executive sessions), a meeting by a quorum of the members of the agency to adopt a collective bargaining agreement or other labor contract, award or agreement shall be open to the public. The agency may make decisions regarding strategy and offers made in the court of negotiation at an executive session.

   Grievance Subject to Arbitration

   The arbitrator correctly relied on the past practice of the district court in granting rescission of sabbatical requests over an 8-year period and in finding the dispute arbitrable. The arbitrator’s decision not only did not conflict with any language of the agreement, but it also met the ‘‘essence test’’ in that the collective bargaining agreement contained no integration clause nor any language eliminating past practices as a consideration. Centennial School District v. Centennial Education Association, 26 D.&C. 4th 567 (Pa. Com. Pl. 1994).

 (a)  Scope. An agency may conduct an executive session to consider the purchase or lease of real property up to the time an option to purchase or lease the real property is obtained or up to the time an agreement to purchase or lease the property is obtained if the agreement is obtained directly without an option. Agencies should utilize executive sessions to consider the acquisition or lease of real property only in circumstances in which the public disclosure of the considerations is likely to lead to speculation, collusion among sellers or other events likely to increase the cost to the Commonwealth of acquiring or leasing real property.

 (b)  Attendance. An executive session to consider the purchase or lease of real property may be attended, at the discretion of the agency, by a seller or lessor of the property or his representative or agent.

 (c)  Official actions. A meeting at which an option or agreement to buy or lease real property is executed by a quorum of the members of the agency shall be open to the public. An agency may at an executive session give preliminary acceptance to an offer of an option or agreement to buy or lease real property subject to the ratification of the contract at an open meeting.

 (a)  Scope. An agency may hold an executive session to consult with its attorney or other professional advisor in connection with litigation or with issues upon which identifiable complaints are expected to be filed. Other professional advisors include, but are not limited to, accountants, actuaries, architects, engineers, health care professionals, investment advisors and scientific experts. Consultations may occur in an executive session whenever complaints or actions affecting the interests of the agency have been filed before a court or an administrative agency or can be expected to be filed in the reasonably foreseeable future.

 (b)  Official action. A meeting at which a quorum of the members of an agency authorize agency counsel to initiate or intervene in an action, defend the agency or otherwise formally participate in legal proceedings shall be open to the public. An agency decision regarding specific instructions to counsel regarding the content of pleadings, motions, memoranda of law or other matters relating to the progress of litigation or administrative proceedings may take place at an executive session.

 (a)  Privileged matters. An agency may conduct an executive session to review and discuss agency business which, if conducted in public would violate a lawful privilege including, but not limited to, confidential communications with attorneys, executive officers of State government, physicians, clergymen, licensed psychologists, school personnel and sexual assault counselors.

 (b)  Confidential matters. An agency may conduct an executive session to review and discuss agency business which if conducted in public would lead to the disclosure of information or confidentiality protected by statute including, but not limited to, matters relating to:

   (1)  Business or personal finances.

   (2)  A report, return, assessment or determination relating to the payment of taxes.

   (3)  Business trade secrets.

   (4)  The physical and emotional health of individuals.

   (5)  Information which would operate to the prejudice or impairment of a person’s personal reputation or personal security.

   (6)  Information the disclosure of which could result in the loss of Federal funds by the Commonwealth or its political subdivisions.

   (7)  Benefits received by indigent or needy individuals.

   (8)  The review of contractor qualifications, bids or proposals.

   (9)  Criminal history information and investigative files not available for public examination and copying.

   (10)  Other information the confidentiality of which is protected by statute.

 (c)  Investigations. An agency may conduct an executive session to review and discuss matters which, if discussed in public, would disclose the institution, progress or result of an investigation undertaken by an agency in the performance of its official duties and impair the progress of the investigation or the initiation of civil or criminal proceedings to enforce the statutes of the Commonwealth.

 (d)  Quasi-judicial deliberations. Unless otherwise provided by statute, an agency conducting a formal adjudication under 2 Pa.C.S. (relating to administrative law and procedure) or similar statutes may, to the extent the adjudicative proceedings are not exempt from the requirements of this subchapter by §  1.59 (relating to exemptions), deliberate within executive sessions except insofar as agency deliberations involve general rules or other orders in the nature of regulations. Deliberations involving general rules or other orders in the nature of regulations may be discussed in an executive session only insofar as the discussions, if conducted in public, would violate a lawful privilege or lead to the disclosure of confidential information as provided by subsections (a), (b) and (c).

 (e)  Open meetings. An agency may conduct at its discretion open meetings to discuss privileged or confidential matters if all parties entitled to assert the privileges or rights to confidentiality expressly authorize, in whole or in part, the matters to be discussed at an open meeting.

 (f)  Official action. A meeting of a quorum of the members of an agency to take official action with regard to matters discussed at executive sessions under this section shall be open to the public unless exempt from the requirements of this chapter by §  1.59.

 The constituted committees of a board or council of trustees of a State-owned, State-aided or State-related college or university or community college or the Board of Governors to the State System of Higher Education may hold executive sessions to discuss matters of academic admission or standing.

 (a)  Content. Written minutes of open meetings shall contain the following information:

   (1)  The date, time and place of the meeting.

   (2)  The names of members present.

   (3)  The substance of official actions and a record by individual members of the roll call votes taken.

   (4)  The names of citizens who appeared officially and the subject of their testimony.

   (5)  Evidence of compliance with the notice requirements of §  1.53 (relating to notice) or §  1.54(b) (relating to emergency meetings).

   (6)  The justification for an emergency meeting as required by §  1.54(a).

   (7)  A record of an executive session conducted or planned as required by §  1.45(d) (relating to executive sessions).

   (8)  Whether an official transcript or recording has been prepared or whether the use of recording devices by other persons has been registered under §  1.55(c) (relating to rules and regulations).

   (9)  A record of notational voting conducted by the agency under §  1.43(c)(4) (relating to official action).

   (10)  Other information required by law, this subchapter or which the agency determines is appropriate to include in the record of agency proceedings.

 (b)  Official testimony. The agency is required to include within its minutes the names and the subject of testimony of persons who indicate to the agency they wish to provide official testimony. The agency is not required to include within its minutes a listing of persons attending an open meeting or persons offering informal comments to the agency. If persons offer written official testimony to the agency, the statements shall be included together with the minutes as a public record of the agency.

 (c)  Public records. Minutes of agency proceedings, testimony attached to the minutes and official recordings or transcripts of agency proceedings at an open meeting shall be records available to the public for examination and copying.

 (a)  Publication. In accordance with procedures established by the Department of General Services, an agency shall publish notice of the place, date, time and purpose of an open meeting in a newspaper of general circulation, as defined by 45 Pa.C.S. §  101 (relating to definitions), which is published and circulated in the political subdivision where the meeting will be held or in a newspaper of general circulation which has a bona fide paid circulation in the political subdivision equal to or greater than a newspaper published in the political subdivision.

 (b)  Posting. The agency shall post a notice of the place, date, time and purpose of a meeting prominently at the principal office of the agency holding the meeting or at the public building in which the meeting is to be held.

 (c)  Direct notice. The agency shall supply a copy of the notice of an open meeting directly to individuals with a direct and substantial interest in the proceedings of the agency and, upon request, to other interested parties, including, but not limited to, members of the public, newspapers of general circulation, radio and television stations. A party requesting direct notice of meetings shall register with the agency, but the agency may not require the provision of stamped, self-addressed envelopes as provided by section 9(c) of the Sunset Act (65 P. S. §  279(c)).

 (d)  Capitol newsroom and General Assembly. An executive agency shall also provide copies of meeting notices to the supervisor of the newsroom in the State Capitol Building in the manner provided by section 9(d)(1) of the Sunshine Act, to the Office of the Secretary of the Senate and the Chief Clerk of the House of Representatives and to the Chairperson and Minority Chairpersons of standing committees of the Senate and the House of Representatives designated as responsible for oversight of agency activities under the Regulatory Review Act (71 P. S. § §  745.1—745.15).

 (e)  Agency contact. A notice provided under this section shall include the name, address, title and phone number of a responsible agency official who will be available to answer questions about a scheduled public meeting.

 (f)  Use of recording devices. If an agency, under §  1.56(b) (relating to use of recording devices), requires advance notification of the intent of persons to utilize recording devices at an open meeting in order to provide adequate facilities and arrangements to facilitate the use of the devices, the information shall be included within notices provided under this section, together with instructions that the individuals shall notify the agency contact as provided by subsection (e) about their plans and requirements.

 (g)  Relocation of meetings. If, due to overcrowding, the malfunction of utilities or the unavailability of an originally scheduled meeting room it becomes necessary to relocate a meeting, new and separate notice under this section is not required if the new meeting site is within the same building or within reasonable proximity of the originally scheduled meeting site and, if the following exist:

   (1)  Notice is prominantly posted at the original site announcing the relocation of the meeting.

   (2)  The start of the meeting is delayed a sufficient period of time in order to allow individuals arriving at the original meeting site to move to the new meeting site.

   (3)  If possible and appropriate, direct notice of the change in location is given to the Capitol Newsroom, persons offering official testimony at the meeting, persons registering the use of recording devices under §  1.56(b)(1) and persons with a direct and substantial interest in agency proceedings to be conducted at the meeting.

 (a)  Purpose. An agency may conduct a meeting to deal with a real or potential emergency involving a clear and present danger to life or property without compliance with the notice requirements of §  1.53 (relating to notice). At an emergency meeting, the agency shall explain with specificity the justification for conducting an emergency meeting and include the justification within the minutes of the agency proceeding.

 (b)  Notice. Prior to conducting an emergency meeting, the agency shall take whatever actions are practical and appropriate to provide actual advance notice regarding the meeting, especially to individuals or organizations with a direct and substantial interest in official action scheduled to be taken at the meeting. The notification may include press releases, personal notification of affected parties, the provision of notices to the supervisor of the newsroom in the State Capitol Building and the posting of notices at the site of the emergency meeting.

 (a)  Conduct of open meetings. An agency may adopt, by official action taken at a public meeting, rules and regulations or bylaws necessary for the conduct of its meetings and the maintenance of order. The regulations may include procedures for:

   (1)  Public participation in meetings including the presentation of official testimony under §  1.52(b) (relating to minutes), as well as the presentation of unofficial comments by members of the public.

   (2)  The manner in which topics may be placed upon an agency agenda for deliberations and official action.

   (3)  Limiting debate and discussion of agency business.

   (4)  Delegating responsibility to committees of the agency and to individual agency officials.

 (b)  Public participation. Although agencies are encouraged to develop regulations or bylaws designed to maximize effective public participation in open meetings and to provide information to the public about agency proceedings, unless otherwise required by law, agencies are not required to recognize or take testimony from members of the public at open meetings or to share with members of the public copies of internal agency records distributed to agency members.

 (c)  Regulatory deliberations. For the purpose of effectively conducting proceedings regarding the content of regulations under review under the Regulatory Review Act (71 P. S. § §  745.1—745.15) or the Commonwealth Attorneys Act (71 P. S. § §  732-101—732-506), the agency may at an open meeting designate one or more official representatives to execute regulatory documents implementing general instructions provided by the agency and to meet with representatives of other agencies, the General Assembly, the Independent Regulatory Review Commission and the public to discuss and make changes to proposed regulations and enter into tentative agreements regarding changes to final rules. Agreements regarding changes to final regulations shall be subject to review and approval by the agency prior to final adoption of regulations, but the commitment of an agency representative may be offered for the purpose of obtaining approval of documents under the Regulatory Review Act. A meeting at which a quorum of the members of an agency meet to adopt a final regulation shall be open to the public.

 (a)  Permissible activities. A person attending an open meeting of an agency shall have the right to take written or stenographic notes of agency proceedings or utilize audio or video recording devices to record proceedings at an open meeting.

 (b)  Rules and regulations. An agency may adopt rules and regulations governing the use of recording devices. The regulations may:

   (1)  Require prior registration with the agency by individuals wishing to utilize recording devices who require special accommodations within the meeting room in order to provide adequate facilities and arrangements to facilitate the use of the devices. The regulations may not prohibit the use of recording devices without prior registration.

   (2)  Limit the use of recording devices to certain areas within a meeting room in order to avoid blocking the public view of agency proceedings or the creation of a distraction or interference with agency proceedings and prohibit the unreasonable use of noisy or distracting recording devices if the use of the devices interferes with the effective conduct of an open meeting. The regulations may not deprive members of the public of reasonable access necessary to record agency proceedings.

 (c)  Minutes. If an agency does not prepare an official recording or transcript of its proceedings, it shall include within the minutes of its proceedings, with the consent of the persons utilizing recording devices, the name and address of parties registering the use of recording devices at an open meeting and what portions of the meeting were recorded by the persons.

 (a)  Scope. The quorum of the members of an agency may participate in a training program or seminar which is organized and conducted for the sole purpose of providing information to agency members on matters directly related to their official responsibilities without compliance with this subchapter. A conference may be organized by the agency, its staff or other persons, groups or organizations and may be attended either solely by members and staff of the agency or may include other persons, groups or organizations.

 (b)  Prohibited activities. A conference attended by a quorum of the members of an agency is subject to this subchapter if the conference includes a significant or substantial amount of deliberation among members of the agency. A conference is not subject to this subchapter if the purpose and predominant activity for which the meeting is held is to provide information to members of the agency needed in order to conduct future deliberations or take future formal actions. Incidental discussions regarding agency business may permissibly occur at conferences not subject to this subchapter, but agency members shall avoid discussions at conferences which directly or indirectly indicate how members will vote upon matters subject to official action by an agency.

   (c) Attendance by less than a quorum. This subchapter does not apply to the participation in training programs or seminars by less than a quorum of the members of an agency.

 (a)  Scope. Official action and deliberations by a quorum of the members of an agency are not subject to this chapter if the official action and deliberations predominantly and primarily involve administrative action. Administrative action is the execution of policies relating to persons and things previously authorized or required by official action of the agency adopted at an open meeting of the agency. Administrative action includes, but is not limited to:

   (1)  Matters related to internal agency operations.

   (2)  The issuance of permits or licenses based upon nondiscretionary criteria.

   (3)  Matters related to intergovernmental coordination and cooperation within the executive branch.

 (b)  Limitations. An agency is not engaged in administrative action if the execution of previously authorized policies meets one of the following:

   (1)  Requires new and significant decisions on important policymaking matters, including the adoption of statements of policy, guidelines and interpretations of law or regulations.

   (2)  Involves decisions relating to new and significant factual applications of current policies which establish precedents for future agency action.

   (3)  Relates to the formal adoption of contracts or agreements creating rights, duties or obligation of the Commonwealth and other parties.

 (a)  Scope. This subchapter does not apply to meetings of the quorum of the members of an agency to conduct deliberations or official actions regarding matters for which the taking of official action at an open meeting will violate a lawful privilege as defined by §  1.50(a) (relating to privileged, confidential, investigatory and quasi-judicial matters) or lead to the disclosure of information or confidentiality protected by law (as defined by §  1.50(b)), including matters related to the investigation of possible or certain violations of statute (under §  1.50(c)) and quasi-judicial deliberations (under §  1.50(d)). If an agency may take official action at an open meeting without violating a lawful privilege or disclosing confidential information, official actions and deliberations with regard to the matters are subject to the requirements of this subchapter, but deliberations regarding such matters may occur at an executive session under §  1.50.

 (b)  Quasi-judicial deliberations. Unless otherwise provided by statute, official actions with respect to formal adjudications conducted under 2 Pa.C.S. (relating to administrative law and procedure) or similar statutes are exempt from this subchapter unless the adjudications involve general rules or other orders in the nature of regulations.

 (c)  Budget preparation meetings. Meetings of quorum of the members of an agency to conduct official actions and deliberations with regard to budget recommendations to be submitted to the Secretary of the Budget are not subject to this subchapter unless the Governor waives the privilege to confidentiality with regard to recommendations received from the agency.

 (a)  Formal adjudications. An agency may not conduct a formal adjudication regarding the question of whether meetings have been conducted in compliance with this subchapter. Original jurisdiction to determine whether the actions of an agency has complied with this subchapter is vested in Commonwealth Court under section 15 of the Sunshine Act (65 P. S. §  285).

 (b)  Complaints. Upon receipt of a complaint that the actions of an agency allegedly violated this subchapter, the agency shall refer the matter to its chief counsel to render an advisory opinion. The Chief Counsel shall investigate whether or not the agency has complied with this subchapter and provide advice in the form of a confidential attorney-client communication to the agency. The agency may review the advice received from its counsel in an executive session conducted under §  1.49 (relating to consultation with professional advisors).

 (c)  Corrective action. If, following the review of the advice of counsel in an executive session, the agency determines that it may have violated this subchapter, the agency shall announce the finding at an open meeting and develop and implement a plan of corrective action. Implementation of a plan of corrective action which provides for required public deliberations and official actions may be deemed by the agency to ratify good faith actions allegedly taken in violation of this subchapter. The ratification of prior agency action may validate the action effective upon the date of completion of remedial action and may at the discretion of the agency apply retroactively to the date of original agency action. If an agency deems a ratification of previously defective actions to apply retroactively, the action may not impair vested rights or obligations until the date upon which corrective action is complete.

 (d)  Deemed approval. Except under the order of a court of competent jurisdiction, whenever under a statute or regulation the failure of an agency to take official action constitutes approval of a request for agency action, the failure of an agency to comply with this subchapter in disapproving the request does not constitute an approval of the request.

 This subchapter constitutes legal advice rendered to executive agencies of the Commonwealth under the jurisdiction of the Governor under section 301(3) of the Commonwealth Attorneys Act (71 P. S. §  732-301(3)). This legal advice is codified in this subchapter as a statement of policy which is permanent and general in nature containing an interpretation of a statute issued without reliance upon express or implied rulemaking authority as provided by 1 Pa. Code § §  1.4 and 3.26a (relating to definitions; and statements of policy). As a statement of policy, this subchapter is directory, rather than mandatory, and is not intended to have the force and effect of law. This subchapter is intended to provide advice and guidance to agencies under the jurisdiction of the Governor regarding the execution of statutory duties and responsibilities.

Subchapter D. PUBLIC INFORMATION
POLICIES AND PRACTICES

Sec.

 (a)  Each agency of State government shall maintain an office of public information, unless authorized to eliminate this function by the Director of Public Information for the Governor’s Office.

 (b)  The director of public information in each agency should have direct, daily access to the head of the agency and should report directly to him.

 (c)  The director of public information in each agency should be a member of any communications advisory committee appointed by the agency head, and should be involved in the discussion of all policy.

 (d)  All personnel of each agency should be informed in writing of the commitment of the Commonwealth to freedom of information. Public records and information, except those which are deemed confidential or privileged as a matter of law, should be made available to representatives of the public and the news media.

 (a)  The Director of Public Information for the Governor’s Office shall administer the public information activities of departments, boards, commissions, and other State agencies under the jurisdiction of the Governor.

 (b)  The Director of Public Information for the Governor’s Office shall be consulted regarding all public information personnel.

 (c)  The Director of Public Information for the Governor’s Office, in order to expedite the two-way flow of information between the government of the Commonwealth and the people, will work as closely as possible with the heads of all agencies and their public information offices.

 (d)  The Director of Public Information for the Governor’s Office shall be consulted on publications planned by agencies under the Governor’s jurisdiction and shall review at regular intervals all publications distributed by the agencies to determine the value of retaining them.

Subchapter E. FEDERAL PROGRAM COORDINATION

Sec.

 The Governor’s Office of the Budget and Administration will continue to serve as principal staff to the Governor on matters related to Federal grants-in-aid coordination. The Secretary of Budget and Administration and the Director, Governor’s Office of Policy and Planning shall do the following:

   (1)  Undertake an evaluation of Federal grants-in-aid coordination in the Commonwealth and submit to the Governor any proposals for administrative or organizational changes that may result in a more effective system for obtaining, managing, and utilizing grants-in-aid.

   (2)  Develop an ongoing research program to assess whether Pennsylvania receives its fair share of Federal aid and to advise the Governor where the State should increase its utilization.

   (3)  Develop a central automated Federal aid management information system that will meet the data needs of the State and that will be of value at regional and local levels.

   (4)  Continue the Federal program review activities of the State Clearinghouse, established under U.S. Office of Management and Budget Circular A-95, including:

     (i)   A comprehensive coverage of all State grants-in-aid applications and State Plans being sent to Federal agencies for any manner of Federal funding.

     (ii)   A notification from State agencies of any Federal funding awards and other program actions.

   (5)  Develop agency Federal aid reporting requirements pertinent to the responsibilities set forth in this section and that may be necessary for effective central oversight.

   (6)  Work with State agencies and the Director, Governor’s Washington Office in Washington, D.C., to attract increased or new Federal aid to Pennsylvania.

   (7)  Serve as the Governor’s liaison to professional organizations and other relevant bodies for the purpose of improving the overall Federal grants-in-aid system, with an emphasis on responsiveness to the needs of the more populous states.

   (8)  Develop such Management Directives as necessary to implement responsibilities set forth in this section.

 Commonwealth agencies under the jurisdiction of the Governor shall do the following:

   (1)  Designate an official at the Deputy Secretary level and someone at the technical staff level to oversee grants-in-aid matters and serve as liaison with the Governor’s Office. Agency heads are to transmit the names and telephone numbers of those selected to the Budget Office, Room 733, Strawberry Square, within 15 days of the date of this subchapter.

   (2)  Furnish the Secretary of Budget and Administration, the Director, Governor’s Office of Policy and Planning, and the Director, Governor’s Washington Office all data, reports, and other assistance requested pursuant to the responsibilities in this Order.

   (3)  Keep the Secretary of Budget and Administration, the Director, Governor’s Office of Policy and Planning, and the Director, Governor’s Washington Office informed of significant State agency developments and actions related to Federal programs and legislation.

   (4)  Utilize the Director, Governor’s Washington Office whenever possible for official activities in the Nation’s Capitol related to:

     (i)   Seeking expanded or new funding sources.

     (ii)   Seeking legislative or program information.

     (iii)   Presenting testimony or position papers to Congressional Committees.

     (iv)   Developing proposed Federal legislation.

     (v)   Carrying on liaison activities.

     (vi)   Meeting with members of Pennsylvania’s Congressional delegation.

     (vii)   Official visits with Federal departments.

 The Director, Governor’s Washington Office is the sole representative in Washington, D.C., for State agencies, unless otherwise directed by the Governor. The Director, Governor’s Washington Office shall have the following responsibilities:

   (1)  Keep the Governor’s Office and State agencies informed of Congressional or administrative actions that affect the Commonwealth and of the availability of funding sources that might be of interest and benefit to the Commonwealth or local governments in Pennsylvania.

   (2)  Coordinate the Commonwealth’s representation at Congressional, administrative, and other Washington, D.C. hearings, meetings, and visits.

   (3)  Inform the Pennsylvania delegation and other Congressional and administrative offices about the effects of Federal legislation or administrative actions on Pennsylvania.

   (4)  Serve the official needs of State agencies, as described in this Order, in Washington, D.C.

 Executive Order 1974-4 is rescinded.

   The provisions of this §  1.84 adopted by Executive Order No. 1981-4, dated February 9, 1981, effective February 9, 1981, 11 Pa.B. 1922.

Subchapter F. [Reserved]

   The provisions of this Subchapter F adopted October 22, 1976, 6 Pa.B. 2640; reserved by Executive Order No. 1986-8, dated December 12, 1986, effective January 10, 1987, 17 Pa.B. 165. Immediately preceding text appears at serial pages (113747) to (113748).

Subchapter G. [Reserved]

   The provisions of this Subchapter G adopted October 22, 1976, 6 Pa.B. 2640; reserved by Executive Order No. 1986-6, dated October 24, 1986, effective November 8, 1986, 16 Pa.B. 4380. Immediately preceding text appears at serial pages (61772) and (50670).

Subchapter H. [Reserved]

Subchapter I. [Reserved]

   The provisions of this Subchapter I adopted October 22, 1976, 6 Pa.B. 2640; reserved by Executive Order No. 1986-8, dated December 12, 1986, effective December 12, 1987, 17 Pa.B. 165. Immediately preceding text appears at serial pages (113748) and (113749).

Subchapter J. [Reserved]

   The provisions of this Subchapter J adopted October 22, 1976, 6 Pa.B. 2640; reserved by Executive Order No. 1986-8, dated December 12, 1986, effective December 12, 1986, 17 Pa.B. 165. Immediately preceding text appears at serial pages (113749) to (113750).

Subchapter K. RECORDS MANAGEMENT

Sec.

 Executive Order 1983-7 is rescinded.

Subchapter L. ENVIRONMENTAL PROTECTION BY STATE AGENCIES

Sec.

 In furtherance of the purposes and policies of the act of June 22, 1937 (P. L. 1987, No. 394) (35 P. S. § §  691.1—691.701), the Air Pollution Control Act (35 P. S. § §  4001—4015), the Pennsylvania Solid Waste Management Act (35 P. S. § §  6001—6017) (Repealed), and the act of June 25, 1913 (P. L. 555, No. 335) (32 P. S. § §  681—691) (Repealed), the following steps shall be taken:

   (1)  The heads of administrative departments, independent administrative boards and commissions and other Commonwealth agencies under the jurisdiction of the Governor shall ensure that the government facilities and activities of the Commonwealth comply with the laws listed in this section and the regulations promulgated thereunder.

   (2)  Environmental pollution control needs shall be considered in the initial stages of planning of each new installation. In addition, any construction, reconstruction or additions to existing facilities, buildings and equipment shall be planned and budgeted so that they comply with environmental laws and regulations.

 The Secretary of Environmental Protection will provide technical advice and assistance to other agencies in connection with their duties and responsibilities under this subchapter.

Subchapter M. EQUAL EMPLOYMENT OPPORTUNITY

Sec.

 (a)  An agency under the jurisdiction of the Governor may not discriminate against an employee or applicant for employment because of race, color, religious creed, ancestry, union membership, age, gender, sexual orientation, gender identity or expression, national origin, AIDS or HIV status or disability.

 (b)  Positive steps shall be taken by each agency under the jurisdiction of the Governor to ensure fair and equal employment opportunity at every level of government.

 (c)  Sexual harassment or harassment based on any of the factors listed in subsection (a) is prohibited.

 (a)  The Secretary of Administration supervises the development, implementation and enforcement of the Commonwealth’s equal employment opportunity programs through the Bureau of Equal Employment Opportunity, which shall:

   (1)  Develop and promote steps designed to ensure a diverse workforce, equal employment opportunity and fair treatment of the protected classes in §  1.161(a) (relating to prohibition of discrimination and affirmation of equal employment opportunity) at all levels of State government.

   (2)  Develop Commonwealth-wide equal employment opportunity policies, procedures, and training to ensure consistency and uniformity.

   (3)  Conduct or participate in periodic onsite reviews and audits of agency equal employment opportunity programs.

   (4)  Develop complaint investigation and resolution procedures for implementation by all agencies under the jurisdiction of the Governor.

   (5)  Review complaint investigation reports at any time during the complaint process.

   (6)  Develop and implement a standardized equal employment opportunity procedure to monitor personnel transactions in all Commonwealth agencies under the jurisdiction of the Governor.

   (7)  Develop and issue guidelines for the conduct of agency equal employment opportunity programs and review of equal employment opportunity plans prior to implementation.

   (8)  Design and implement monitoring and reporting systems to measure effectiveness of agency equal employment opportunity programs.

   (9)  Consult with agency officials regarding personnel actions affecting agency equal employment opportunity professional staff, including recruitment, hiring, promotion, demotion, separation, transfer, performance standards and evaluation and rate of pay.

   (10)  Provide leadership to agencies in the design and implementation of innovative equal employment opportunity strategies which will further the Commonwealth’s fulfillment of the commitment to equal employment opportunity.

 (b)  Heads of departments and agencies under the jurisdiction of the Governor shall:

   (1)  Designate an equal opportunity officer with primary responsibility to develop and implement the agency’s equal employment opportunity program.

   (2)  Ensure that the agency equal opportunity officer reports directly to the individual who has overall responsibility for the agency’s equal employment opportunity program.

   (3)  Ensure that the agency’s commitment to equal employment opportunity is clearly transmitted to all agency employees and that bureau directors and managers provide adequate support to the equal opportunity manager or specialist in the development and implementation of program plans designed to achieve the agency’s equal employment opportunity objectives.

   (4)  Seek input from the Director of the Bureau of Equal Employment Opportunity on personnel actions affecting equal employment opportunity professional staff.

   (5)  Ensure that the agency develops and implements effective equal employment opportunity plans and auditing and reporting mechanisms.

§ 1.167. [Reserved].

§ 1.168. Rescission.

 Executive Order 1996-9, Equal Employment Opportunity, dated December 20, 1996, is rescinded.

Subchapter N. [Reserved]

   The provisions of this Subchapter N adopted October 22, 1976, 6 Pa.B. 2640; reserved by Executive Order No. 1986-8, dated December 12, 1986, effective December 12, 1986, 17 Pa.B. 165. Immediately preceding text appears at serial pages (87908) and (41392).

Subchapter O. HANDICAPPED INDIVIDUALS

Sec.

 Each Commonwealth department or agency receiving HEW funds either as a direct grant or as a subgrant will take the following steps, as necessary and appropriate:

   (1)  By August 3, 1977, survey programs and activities in existing facilities and determine which can be made accessible to handicapped persons without structural changes and implement the conclusions of that survey. The survey should be accomplished with full consideration to possible alternative methods which may achieve accessibility in accordance with 45 CFR 84.22(b).

   (2)  By September 3, 1977, designate at least one person to coordinate the compliance efforts of the department or agency.

   (3)  By September 3, 1977, establish a plan for initial and continuing steps to notify participants, beneficiaries, applicants and employes, including those with impaired vision or hearing, and unions or professional organizations, that the department or agency does not discriminate on the basis of handicap in violation of 29 U.S.C.A. §  794 and the regulations. The initial notification shall be accomplished by September 3, 1977, in accordance with 45 CFR 84.8.

   (4)  By September 3, 1977, adopt grievance procedures which provide for the prompt and equitable resolution of complaints alleging actions prohibited by the regulations in accordance with 45 CFR 84.7(b).

   (5)  By December 3, 1977, complete necessary transition plans outlining steps to be taken by the department or agency to make the structural changes as are necessary to comply with the regulations in accordance with 45 CFR 84.22(e).

   (6)  Based on the transition plan, provide a cost estimate of structural changes in a manner prescribed by the Budget Secretary.

   (7)  By June 3, 1978, complete a self-evaluation process to determine which of the department or agency policies and practices are in need of change to assure equal opportunity for the handicapped in accordance with 45 CFR 84.6(c).

 To assure coordination in complying with this subchapter by Commonwealth departments and agencies under the jurisdiction of the Governor, the following responsibilities have been assigned:

   (1)  The Office of the Budget shall have overall responsibility for insuring that necessary transition plans are developed and are made available for timely public inspection. The Budget Secretary shall:

     (i)   Coordinate and assist, as necessary, State department and agency liaison personnel to insure preparation of the Federally required transition plans within the specified time limits.

     (ii)   Receive a copy of all transition plans, with cost estimates for implementing each plan. A second copy of the transition plans shall be sent to the Governor’s Special Assistant for Human Services.

 State agencies under the jurisdiction of the Governor shall provide proper access to meetings scheduled to discuss matters which may directly or indirectly affect handicapped individuals. The meetings shall be held in locations accessible, according to the provisions of Act 235 of 1965 as amended by Act 216 of 1974 and Act 176 of 1976, to handicapped individuals. This applies to meetings held under the Sunshine Act as well as to intra- and interagency meetings and discussions which may affect handicapped State employes.

   The provisions of this §  1.183 adopted by Executive Order No 1978-19, dated December 19, 1978, 9 Pa.B. 5, unless otherwise noted.

Subchapter P. FIREMEN AND LAW ENFORCEMENT OFFICERS’ DEATH BENEFITS

Sec.

 (a)  The provisions of the act of June 24, 1976 (P. L. 424, No. 101) (53 P. S. § §  891—892) provide for the payment of death benefits to the surviving spouse or children of firemen or law enforcement officers killed in the performance of their duties.

 (b)  The act imposed the duties and responsibilities upon the Commonwealth to make certain payments out of the General Fund of the Commonwealth without specifically designating which agency should perform the duties and responsibilities.

 (c)  These duties and responsibilities fall upon the Executive Branch generally.

 (d)  The agency of the Executive Branch which is best equipped to handle the prescribed duties and responsibilities and which carries out analagous duties and responsibilities, through its Bureau of Risk and Insurance Management, is the Department of General Services.

 (e)  The Governor has established and designated the Department of General Services as the agency to carry out the responsibilities under the act in conjunction with the State Treasurer.

Subchapter Q. STATE EMPLOYMENT AND TRAINING PROGRAMS

Sec.

§ 1.209. Purpose.

 The purpose of the Pennsylvania Human Resources Investment Council (Council) is to:

   (1)  Assess the economic and workforce needs of this Commonwealth, and develop a strategic plan to meet these Statewide needs.

   (2)  Continuously maintain a competitive advantage for this Commonwealth by developing, adopting and assuring the implementation of Statewide policies and goals for workforce development, including:

     (i)   Setting performance measurements and standards.

     (ii)   Defining financial resource investment priorities and strategies.

     (iii)   Developing return on investment criteria to measure the effectiveness of workforce development programs and activities.

   (3)  Coordinate with other Team Pennsylvania activities to develop a workforce development system that is market-driven and responsive to the needs of this Commonwealth’s employers by supporting the primary goals of Team Pennsylvania which are to:

     (i)   Promote this Commonwealth to specific companies considering expansion and relocation.

     (ii)   Assist with business retention efforts.

     (iii)   Ensure that the Commonwealth’s economic development strategies continue to be focused and effective.

     (iv)   Improve communication and collaboration among professionals serving this Commonwealth’s businesses.

   (4)  Establish a rapid response mechanism to mobilize training resources to address the skill requirements for business retention or attraction opportunities created by major job projects of the Governor’s Action Team or local economic developers.

   (5)  Collaborate and coordinate with State agencies and State boards and commissions that shape economic development and education policies of the Commonwealth, including, the Ben Franklin/IRC Partnership Board, the State Board of Education, the State Literacy Council, the Pennsylvania Apprenticeship and Training Council, the State Board of Vocational Rehabilitation, the State System of Higher Education, the State-related universities and the Pennsylvania Higher Education Assistance Agency, to develop Statewide policies that connect workforce development with lifelong learning and economic competitiveness.

   (6)  Collaborate with the Department of Community and Economic Development to ensure that the Statewide financing strategy for economic development reported to the General Assembly supports, and is supported by, the goals and objectives of the Commonwealth’s workforce development system.

   (7)  Collaborate with the Department of Public Welfare to ensure that the Statewide welfare-to-work strategy established to meet the demands of the Personal Responsibility and Work Opportunity Act of 1996, the act of August 22, 1996 (Pub. L. No. 104-93, 110 Stat. 2105), supports, and is supported by, the goals and objectives of the Commonwealth’s workforce development system.

   (8)  Review the provision of services and the use of funds and resources under applicable State and Federal human resource programs, and coordinate the provision of services and the use of funds and resources among State agencies consistent with the laws and regulations governing the programs. For purposes of this subchapter, applicable State and Federal human resource programs mean the following:

     (i)   The Job Training Partnership Act (29 U.S.C.A. § §  1501—1792b).

     (ii)   The Carl D. Perkins Vocational and Applied Technology Act (20 U.S.C.A. § §  2301—2471).

     (iii)   The Wagner-Peyser Act (29 U.S.C.A. § §  49—49l-1).

     (iv)   The Adult Education Act (20 U.S.C.A. § §  1201—1213d).

     (v)   The School-to-Work Opportunities Act of 1994 (20 U.S.C.A. § §  6101—6251).

     (vi)   The National and Community Service Trust Act of 1993, the act of September 21, 1993 (Pub. L. No. 103-82, 107 Stat. 785).

     (vii)   Title V of the Older Americans Act of 1965 (42 U.S.C.A. § §  3056—3056i).

     (viii)   The Vocational Rehabilitation Act of 1973, as amended by the Rehabilitation Act of 1994 (29 U.S.C.A. § §  701—797b).

     (ix)   The Customized Job Training Act (24 P. S. § §  6201—6213).

     (x)   The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the act of August 22, 1996 (Pub. L. No. 104—193, 110 Stat. 2105).

     (xi)   Section 202(a) of the Community Service Block Grant Amendments of 1994 (42 U.S.C.A. §  9901).

     (xii)   The Food Stamp Act of 1977 (Food Stamp Employment Training Program) (7 U.S.C.A. § §  2011—2036).

     (xiii)   The Trade Act of 1974 (19 U.S.C.A. § §  2101—2495).

     (xiv)   The Adult Literacy Act (24 P. S. § §  6401—6409).

     (xv)   Article XIX-A of the Pennsylvania School Code of 1949 (Community Colleges) (24 P. S. § §  19-1901-A—19-1913-A).

     (xvi)   The Workers’ Compensation Act (77 P. S. § §  1—1041.4).

     (xvii)   The Unemployment Compensation Law (43 P. S. § §  751—914).

   (9)  Evaluate State and local plans and proposals submitted for the Federal and State acts in paragraph (8), and approve the investment of public dollars in plans and proposals which are consistent with the laws and regulations governing those acts and with the policies and priorities established by the Council.

   (10)  Develop strategies to assist local agents in providing support services including, child care and transportation to better meet the needs of system customers.

   (11)  Develop and advance strategies for local agents to work collaboratively to create regional networks, and to develop coordinated business plans and budgets within regional areas.

   (12)  Coordinate the following components of the Commonwealth’s workforce development system:

     (i)   The development and dissemination of appropriate and necessary research and statistical information with the requisite protocols and standards for common data reference.

     (ii)   The identification and continuous study of workforce development system needs.

     (iii)   The development of common definitions and common and specific performance standards and measures for workforce development programs and activities.

     (iv)   The creation of consistent monitoring instruments for the programs and activities included in the system.

     (v)   The establishment and maintenance of a universally accessible information access system which enables the workforce development system to function and to serve its customers effectively.

     (vi)   The provision of technical assistance to assist local agencies in meeting any changes associated with a new workforce development system.

     (vii)   The implementation of mechanisms including, but not limited to, the collaborative process outlined in Federal law, to secure appropriate input from system customers and service providers in the development of policies, performance standards or investment strategies.

   (13)  Set standards for local career development marketplaces and workforce development system service provider participation, adopt an official workforce development system logo designation and develop a system-wide marketing program.

   (14)  Examine Federal and State laws and regulations to assess whether they present barriers to achieving the provisions of this subchapter and recommend to the Governor and to the Federal government changes or waivers in Federal or State statutes or regulations to eliminate barriers and promote the provisions of this subchapter.

   (15)  Report to the Governor, the General Assembly and the Commonwealth generally the Council’s progress and the return on investment and the overall effectiveness of the State and Federal human resource programs defined in paragraph (7).

 The Pennsylvania Human Resources Investment Council (Council) has been established in accordance with the composition requirements for State human resource investment councils found in Title VII of the Job Training Partnership Act (29 U.S.C.A. § §  1792—1792b) or a Federally permissible alternative. In addition, the following individuals serve on the Council:

   (1)  The Secretary of Aging.

   (2)  The Secretary of Community and Economic Development.

   (3)  The Secretary of Education.

   (4)  The Secretary of Labor and Industry.

   (5)  The Secretary of Public Welfare.

   (6)  The Director of the Governor’s Policy Office.

 (a)  A management committee will be established comprised of Commonwealth government representatives of the Pennsylvania Human Resources Investment Council (Council) which is authorized to make determinations relating to the management and administration of workforce development programs.

 (b)  The management committee will develop an organizational framework for the conduct of the Council’s work and for meeting the Council’s staffing and support needs. The organizational framework may utilize existing staff structures or may constitute a new staffing arrangement.

 (c)  All executive State agencies are instructed to give to the Council any necessary assistance required by the Council in the performance of the duties of the Council so far as is compatible with the authority and ability of each State agency.

 (a)  The Pennsylvania Human Resources Investment Council (Council) will develop and adopt applied operating principles to govern the relationships between and among executive State agencies and other governmental and private sector organizations which are participants in the system.

 (a)  The Pennsylvania Human Resources Investment Council (Council) is designated as the HRIC in accordance with Title VII of the Job Training Partnership Act (29 U.S.C.A. § §  1792—1792b) and, as such, assumes the powers and responsibilities previously held by the State Job Training Coordinating Council.

 Executive Order 1983-4, Coordination of State Employment and Training Programs, is rescinded effective June 30, 1998.

Subchapter R. [Reserved]

   The provisions of this Subchapter R adopted by Executive Order No. 1979-17, dated December 14, 1979, effective January 5, 1980, 10 Pa.B. 5; reserved by Executive Order No. 1986-6, dated October 24, 1986, effective November 8, 1986, 16 Pa.B. 4380. Immediately preceding text appears at serial pages (82281), (50674)—(50675), (55460)—(55461) and (82282).

Subchapter S. FLOOD PLAIN MANAGEMENT

Sec.

 The FIA regulations represent minimum standards of flood plain management for Program participation and require the promulgation and enforcement of flood plain management regulations. To permit continued Commonwealth participation in this program of flood plain management, agencies under the Governor’s jurisdiction shall take the following actions:

   (1)  The Office of the Governor shall act as the coordinating agency in the implementation of the minimum Federal standards by the other agencies of State government. To achieve compliance with these minimum standards, each agency shall undertake the steps outlined as follows:

     (i)   Each agency shall promulgate regulations or directives, where appropriate, consistent with Constitutional and statutory limitations, to implement the minimum Federal requirements for flood plain management in areas of agency activity which are or may be affected by the minimum Federal requirements as set forth in paragraph (2).

     (ii)   Effective immediately, each agency shall identify existing or proposed programs undertaken under and within the limits of its statutory authority which are or may be affected by the minimum Federal requirements as set forth in paragraph (2).

     (iii)   Each agency may consult directly with the FIA to assess the impact of the minimum requirements on its individual programs.

     (iv)   Each agency shall forward the result of its program review to the Governor at the earliest possible date.

   (2)  A development of (defined in the FIA regulations, 24 CFR 1909.1), new construction of or substantial improvements to State-owned properties and facilities in areas designated as special hazard areas by the FIA shall comply with minimum requirements for special hazard areas. These minimum requirements are set forth in 24 CFR 1910.3, 1910.4 and 1910.5.

   (3)  The Department of Community Affairs is hereby authorized to act as a repository for FIA flood information maps and other data that may be made available to the Commonwealth. The Department of Community Affairs shall notify other State agencies at regular intervals of the receipt of new maps and data.

   (4)  Agencies shall fully cooperate with each other in the exchange of data and technical expertise.

 Additional instructions to assist and coordinate the uniform preparation of program reviews and the development of departmental regulations or directives shall be issued through the Directives Management System.

Subchapter T. [Reserved].

   The provisions of this Subchapter T adopted by Executive Order No. 1978-10, August 11, 1978, 8 Pa.B. 2221; reserved by Executive Order No. 1983-3, dated March 15, 1983, 13 Pa.B. 1575. Immediately preceding text appears at serial pages (41407) and (41408).

Subchapter U. [Reserved]

§ § 1.251—1.255. [Reserved].

   The provisions of these § §  1.251—1.255 adopted by Executive Order No. 1978-16, dated November 21, 1978, 8 Pa.B. 3475; amended by Executive Order No. 1986-4, dated August 15, 1986, 16 Pa.B. 3194; reserved by Executive Order No. 1993-4, dated October 13, 1993, 23 Pa.B. 5284. Immediately preceding text appears at serial pages (115597) to (115598).

Subchapter V. POLICY AND PLANNING

Sec.

 The Office shall be charged with the following responsibilities:

   (1)  Preparing plans and policy recommendations for the orderly and coordinated development of the State.

   (2)  Coordinating and facilitating planning by and among State agencies necessary for the orderly accomplishment of State plans and policies.

   (3)  Continuously surveying and reviewing the accomplishments of State government in achieving the goals and objectives set forth in State plans and policies.

   (4)  Consulting with other agencies in determining the feasibility of any policy, plan or program under consideration.

   (5)  Conducting and coordinating such research as may be necessary and desirable to develop and implement effective and efficient State policies.

   (6)  Conducting studies and analyses of the actual or potential effects, both short and long-term, of present or proposed State policies.

   (7)  Assisting in the review of Federal actions and developments affecting State plans and programs.

   (8)  Serving as the central agency and clearinghouse to collect and disseminate ideas and information bearing on public policy problems.

 Executive Order 1978-17 is hereby rescinded and powers, duties and resources available to the Office of State Planning and Development are hereby transferred to the Office of Policy and Planning.

Subchapter W. [Reserved]

   The provisions of this Subchapter W adopted by Executive Order No. 1978-18, dated November 21, 1978, 8 Pa.B. 3477; reserved by Executive Order No. 1986-8, dated December 12, 1986, effective December 12, 1986, 17 Pa.B. 165. Immediately preceding text appears at serial pages (46923) to (46925).

Subchapter X. INSPECTOR GENERAL

Sec.

 There is created within the Executive Office of the Governor the Office of State Inspector General.

 The purpose of the Office of State Inspector General is as follows:

   (1)  To deter, detect, prevent and eradicate fraud, waste, misconduct and abuse in the programs, operations and contracting of executive agencies. For purposes of this subchapter, the term ‘‘executive agency’’ has the meaning given to it by section 102 of the Commonwealth Attorneys Act (71 P. S. §  732-102).

   (2)  To keep the heads of executive agencies and the Governor fully informed about problems and deficiencies relating to the administration of programs, operations and contracting in executive agencies.

   (3)  To provide leadership, coordination and control over satellite Inspector General Offices in designated executive agencies to insure a coordinated and efficient administration of duties and use of staff. The existing Office of Inspector General in the Department of Transportation shall continue as a satellite Inspector General Office, and it and other satellite Inspector General Offices in executive agencies shall report to and follow the direction of the State Inspector General.

 It is the duty and responsibility of the State Inspector General to:

   (1)  Initiate, supervise and coordinate investigative activities relating to fraud, waste, misconduct or abuse in executive agencies.

   (2)  Recommend policies for and to conduct, supervise and coordinate activities designed to deter, detect, prevent and eradicate fraud, waste, misconduct and abuse in executive agencies.

   (3)  Report expeditiously to and cooperate fully with the General Counsel. Whenever the State Inspector General has reasonable grounds to believe there has been a violation of criminal law or that a civil action should be initiated by the Commonwealth, the State Inspector General shall immediately refer the matter to the General Counsel. The General Counsel is responsible for referring matters to the appropriate agency for criminal prosecution or civil litigation.

   (4)  Refer matters to the heads of executive agencies whenever the State Inspector General determines that disciplinary or other administrative action is appropriate.

 (a)  Additional duties and responsibilities. In addition to the authority otherwise provided in this subchapter, the State Inspector General, in carrying out duties and responsibilities, is authorized to:

   (1)  Make investigations and reports relating to the administration of the programs and operations of an executive agency as are, in the judgment of the State Inspector General, necessary or desirable. If the State Inspector General determines that a report should be issued, he shall consult with the General Counsel before issuing the report to insure against an adverse impact on a grand jury proceeding or prosecution being conducted by a law enforcement agency.

   (2)  Request information or assistance necessary for carrying out the duties and responsibilities provided by this subchapter from a Federal, State or local government agency or unit thereof.

   (3)  Require and obtain immediately by written notice from officers and employes of executive agencies and the Executive Department, to the fullest extent permitted to the Governor by PA. CONST. art. 4, §  10 or other law, information, documents, reports, answers, records, accounts, papers and other necessary data and documentary evidence.

   (4)  Have direct and prompt access to the heads of executive agencies when necessary for a purpose pertaining to the performance of functions and responsibilities under this subchapter.

   (5)  Select, appoint and employ officers and employes necessary for carrying out the functions, powers and duties of the office. The officers and employes shall be employed in accordance with current procedures of the Office of Administration and may be assigned by the State Inspector General to designated executive agencies.

 (b)  Request for information.

   (1)  Upon request of the State Inspector General for information or assistan ce, executive agencies shall immediately furnish the information and assistance to the State Inspector General or an authorized designee.

   (2)  If information or assistance requested is, in the judgment of the State Inspector General, unreasonably refused or not provided, the State Inspector General may report the circumstances to the head of the agency, the General Counsel and the Governor for appropriate action.

 (a)  The State Inspector General may receive and investigate complaints or information concerning the possible existence of an activity in an executive agency constituting a violation of law, rules or regulations, or mismanagement, fraud, waste of funds, abuse of authority, malfeasance, misfeasance, nonfeasance or a substantial and specific danger to the public health and safety.

 (b)  No person may take or threaten to take action against an employe as a reprisal for making a complaint or disclosing information to the State Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

 (c)  The protections in this subchapter for employes who report, in good faith, fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance or abuse are in addition and supplementary to protections provided by the Whistleblower Law (43 P. S. § §  1421—1428).

 Executive Order 1979-11 is rescinded.

   The provisions of this §  1.296 adopted by Executive Order No. 1987-7, dated April 6, 1987, effective April 6, 1987, 17 Pa.B. 1661.

Subchapter Y. [Reserved]

   The provisions of this Subchapter Y adopted by Executive Order No. 1979-12, dated September 18, 1979, effective October 6, 1979, 9 Pa.B. 3359; reserved by Executive Order 1987-4, dated February 4, 1987, effective February 14, 1987, 17 Pa.B. 711. Immediately preceding text appears at serial pages (55462) to (55465).

Subchapter Z. LIFE CYCLE COSTING

Sec.

 The Department of General Services is responsible for developing, implementing, and coordinating a Life Cycle Costing procedure for acquisitions which will require substantial operating and maintenance costs. Life Cycle Costing shall be applied to the following areas:

   (1)  State building construction during the development and design phases.

   (2)  Equipment for state agencies which has significant operating and maintenance costs. Examples of equipment acquisitions which should be purchased using LCC methodology are as follows:

     (i)    Air conditioning and refrigeration equipment.

     (ii)    Solar equipment.

     (iii)   Electrical office equipment.

     (iv)   Heavy construction equipment.

     (v)    Heating and ventilating equipment.

     (vi)   Water heaters.

Subchapter AA. UTILIZATION OF COMMONWEALTH-OWNED AND LEASED SPACE

Sec.

 (a)  The Department of General Services is responsible for:

   (1)  The central management of the allocation of Commonwealth-owned and leased space and shall have all necessary authority to do so properly.

   (2)

   Maintaining an inventory of all Commonwealth-owned and leased space and shall regularly inspect these facilities to ensure that they are being fully and economically used by the tenant agencies.

   (3)

   Upon receipt of a request from an agency for additional space or for the renewal of a lease for existing space, determining the following:

     (i)   Whether there exists proper justification for the request.

   (ii)

   Whether the type of facility, its size and location are justified on the basis of its intended use and the actual complement of personnel using the space.

   (iii)

   Whether the request can be accommodated by the use of already existing Commonwealth-owned or leased space, or by consolidation with existing owned or leased space.

   (iv)

   Whether, in the case of a request for a renewal, the lease should be renewed and the terms of the renewal outlined in writing.

   (4)  Terminating or amending leases.

   (5)  Decreasing the amount of space leased.

   (6)  Ordering the consolidation of space within or among facilities and agencies.

   (7)  Moving agencies from leased space to owned space.

   (8)  Declaring property surplus to the needs of an agency.

   (9)  Taking any other action that will result in the elimination of unnecessary or inefficiently used space and the comprehensive and economic use of all existing facilities and land.

 Administrative departments, boards and commissions shall:

 (1)  Comply with sections 508 and 2402(a) of The Administrative Code of 1929 (71 P. S. § §  188 and 632(a)) and 62 Pa.C.S. §  322 (relating to specific construction powers, duties and procedures) when expending funds in connection with planning for or when altering, repairing or improving Capitol Complex buildings or those buildings designated as State office buildings.

 (2)  Obtain approval from the Department General Services before changing the location of space assigned in Capitol Complex buildings or those buildings designated as State office buildings.

 (3)  Obtain approval from the Department of General Services before leasing space or renewing or renegotiating leases.

 Agency heads are responsible for requesting additional space, if needed, or for renewing leases. To request additional space or to renew a lease, alternatives to doing so should be reviewed by agency heads, including the possibility of consolidations within their agency or with other agencies in already-leased or Commonwealth-owned facilities. Agency heads’ efforts, in this regard, shall be fully detailed in any request to the Department of General Services for space.

 (1)  Upon receipt of the Department of General Services’ response to any request for space, the agency head of the requesting agency shall direct a staffperson to prepare and provide the Department of General Services with whatever agency authorization is required, and to cooperate and comply with the Department of General Services’ decision.

 Executive Order 1991-2, Utilization of Commonwealth-Owned and Leased Space, is rescinded.

Subchapter BB. [Reserved]

§ 1.332. [Reserved].

   Approval of the Secretary

   The signatures of the Secretary of the Budget and the Comptroller of the Pennsylvania Liquor Control Board (LCB) were not required for the formation of a valid and enforceable contract between the warehouser/distributor of alcoholic beverages and the LCB even though the Secretary must give final review and approval to all contracts for the purchase of services, where the Contracting for Services Manual, which was written in compliance with this regulation, also provides for sole source procurement and, in this case, the agency head provided justification for use of the sole source procurement process in writing to both the Secretary of the Budget and the Comptroller. Shovel Transfer & Storage, Inc. v. Liquor Control Board, 739 A.2d 133 (Pa. 1999).

Subchapter CC. [Reserved]

   The provisions of this Subchapter CC adopted by Executive Order No. 1980-14, dated May 7, 1980, effective May 7, 1980, 10 Pa.B. 1971; reserved by Executive Order No. 1986-8, dated December 12, 1986, effective December 12, 1986, 17 Pa.B. 165. Immediately preceding text appears at serial pages (52444) to (52445) and (70821).

Subchapter DD. STATE EMPLOYE ASSISTANCE PROGRAM

Sec.

 (a)  To provide a comprehensive evaluation, referral and treatment system to address the abuse of alcohol and other controlled drugs, and emotional, family, financial, marital and other personal problems which adversely affect the employe’s personal life or job performance.

 (b)  To provide confidential consultation to managers, supervisors, union representatives and employes on how to effectively intervene.

 (a)  The Office of Administration, Bureau of Personnel, shall be responsible for the administration of this Program.

 (b)  The Secretary of Administration shall develop and publish directives to implement this subchapter. The directives are to delineate policy and the responsibilities of each agency head, supervisor and employe.

 Executive Order 1991-6, State Employe Assistance Program, is rescinded.

Subchapter EE. PENNSYLVANIA COASTAL ZONE
MANAGEMENT PROGRAM

Sec.

 (a)  The Department of Environmental Protection is designated as the lead agency for implementing and administering the Federal Coastal Zone Management Program for the Commonwealth of Pennsylvania.

 (b)  The Department of Environmental Resources shall be the single State agency to receive and administer the Federal Coastal Zone Management grants for implementing the management program.

 (a)  The objectives of the Pennsylvania Coastal Zone Management Program are to:

   (1)  Identify and evaluate those coastal resources requiring management or protection by the State.

   (2)  Reexamine existing policies or develop new policies to manage these resources.

   (3)  Determine specific uses and special geographic areas that are to be subject to the management program.

   (4)  Identify the inland and seaward areas subject to the management program.

   (5)  Provide for consideration of the national interest in the planning for and siting of facilities that will meet more than local requirements.

   (6)  Include sufficient legal authorities and organizational arrangements to implement the program and to insure conformance to it.

 (a)  The Committee shall be comprised of representatives designated by the heads of the following agencies:

   (1)  Department of Commerce.

   (2)  Department of Community Affairs.

   (3)  Department of Environmental Protection.

   (4)  Department of Transportation.

   (5)  Governor’s Office of Policy and Planning.

   (6)  Governor’s Energy Council.

   (7)  Fish Commission.

   (8)  Game Commission.

   (9)  Historical and Museum Commission.

   (10)  Public Utility Commission.

 Each agency shall have one vote. The Chairperson of the Committee shall be designated by the Secretary of Environmental Resources.

 (b)  The functions of the Committee shall be:

   (1)  To insure that projects or activities proposed for funding under the Coastal Zone Management Program are in concert with planned or existing State agency activities.

   (2)  To be responsible for State and local coordination on actions of the Coastal Zone Management Program.

 (a)  To the maximum extent permitted by law, administrative departments, independent administrative boards and commissions and other State agencies shall, upon Federal approval of the Pennsylvania Coastal Zone Management Program, enforce and act consistently with the goals, policies, and objectives of that Coastal Zone Management Program and provide for adequate consideration of the national interest involved in planning for and siting of facilities and the use of resources in the coastal zones when the planning, siting and uses are of more than local interest.

 (b)  Each administrative department, independent administrative board and commission, and other State agencies shall, upon Federal approval of the Pennsylvania Coastal Zone Management Program and thereafter, notify the Department of Environmental Resources, Coastal Zone Management Office, pursuant to rules distributed to members of the Coastal Zone Advisory Committee, of any and all proposed activities having an effect on coastal resources.

 This Executive Order shall remain in full force and effect as long as monies are available for the management of the Pennsylvania Coastal Zone Management Program.

Subchapter FF. REGULATORY REVIEW AND PROMULGATION

Sec.

 In the drafting and promulgating of new regulations and the application and review of existing regulations, agencies shall adhere to the following principles:

   (1)  Regulations shall address a compelling public interest.

   (2)  The costs of regulations may not outweigh their benefits.

   (3)  Regulations shall be written in clear, concise and, when possible, nontechnical language.

   (4)  Regulations shall address definable public health, safety or environmental risks.

   (5)  If Federal regulations exist, regulations of the Commonwealth may not exceed Federal standards unless justified by a compelling and articulable Pennsylvania interest or required by State law.

   (6)  Compliance shall be the goal of all regulations.

   (7)  If viable nonregulatory alternatives exist, they shall be preferred over regulations.

   (8)  Regulations shall be drafted and promulgated with early and meaningful input from the regulated community.

   (9)  Regulations may not hamper the Commonwealth’s ability to compete effectively with other states.

   (10)  Agency heads shall be held directly accountable for regulations promulgated by their respective agencies.

 (a)  Existing regulations shall be reviewed by agencies for consistency with the principles in §  1.371 (relating to general requirements). Regulations that are inconsistent with these principles shall be considered for amendment or repeal.

 (b)  Agency heads shall have the flexibility to construct a program that reviews their existing regulations to assure consistency with these principles. A plan and schedule for review of existing regulations shall be submitted to the Governor’s Policy Office by August 6, 1996. The review programs shall commence by February 6, 1997.

 (c)  Regulations proposed for repeal should be submitted to the General Counsel, the Secretary of the Budget and the Governor’s Policy Director along with a Repeal Analysis Form. The analysis shall state:

   (1)  The name of the agency.

   (2)  The name of a contact person at that agency.

   (3)  A short title of the regulation.

   (4)  An explanation of the regulation.

   (5)  A justification for the proposed repeal.

   (6)  A proposed schedule for repeal—noting any public comment periods.

   (7)  Any costs or savings, or both, associated with the repeal.

 (a)  Before drafting a regulation, agencies, when practical, shall undertake extensive public outreach to those who are likely to be affected by the regulation. Creating advisory committees, using regulatory negotiation and developing other creative procedures are encouraged as means to solicit the public’s input during the regulatory development process.

 (b)  Those to be affected by the regulation should continue to be consulted during the drafting process. When appropriate, members of the regulated community should be involved with the formulation of language, the development of standards and other areas in which the regulated community has an interest or can provide insight, or both. During the regulation development and drafting process, agencies should advise and consult with the Governor’s Policy Office, the Office of General Counsel and the Budget Office whenever the agency determines that the involvement would hasten the review process.

 (c)  Each agency shall develop its own policies regarding public involvement tailored best to meet the needs of the agency and the regulated community.

 (a)  Prior to submitting a proposed rulemaking, the agency head shall evaluate each regulation and attest to the fact that the regulation addresses a compelling public need that can be best remedied by the promulgation of the regulation.

 (b)  The agency head shall submit to the General Counsel, the Secretary of the Budget and the Governor’s Policy Director a written regulatory analysis. The analysis shall state:

   (1)  The name of the agency.

   (2)  The name of a contact person at that agency.

   (3)  A short title for the regulation and a citation from the Pennsylvania Code.

   (4)  Whether the regulation is a proposed, final-form or final-omitted rulemaking.

   (5)  A brief, clear and, if possible, nontechnical explanation of the regulation.

   (6)  The statutory authority or mandate for the regulation.

   (7)  The compelling public need that justifies the regulation.

   (8)  The public health, safety or environmental risks associated with nonregulation.

   (9)  Individuals or groups that are likely to benefit from the regulation.

   (10)  Individuals, groups or entities that will be required to comply with the regulation.

   (11)  The outreach conducted by the agency with the regulated community prior to submission of the regulation.

   (12)  An estimate of the costs or savings, or both, associated with compliance and implementation.

   (13)  A cost/benefit analysis of the regulation.

   (14)  Nonregulatory alternatives considered and the reasons for their dismissal.

   (15)  Alternative regulatory schemes considered and the reasons for their dismissal.

   (16)  A statement of the compelling Pennsylvania interest if the regulation exceeds Federal standards.

   (17)  Any requirements that would place the Commonwealth at a competitive disadvantage compared to other states.

   (18)  An intra-agency review schedule for the regulation.

 (c)  Each regulation submitted for review shall contain a brief preamble, written in clear and concise language, which describes in nontechnical terms the compelling public need the regulation is designed to address, what the regulation requires in legal and practical terms and who the regulation is likely to affect.

 (d)  The regulatory analysis, along with the preamble and draft regulation, will be reviewed by the Office of General Counsel for form, language and legal authority. The Governor’s Policy Office will review the request to determine that public interest is compelling, that no viable alternative to the regulation exists and that the costs of the regulation reasonably relate to the benefits. The Office of General Counsel will also consider whether the proposed regulation exceeds Federal standards. If the regulation does exceed Federal standards, the Policy Office will then evaluate whether the regulation is justified by a compelling and unique Pennsylvania interest. The Budget Office will evaluate the cost analysis prepared by the agency and prepare a fiscal note for the regulation.

 (a)  Nonregulatory public documents such as internal guidelines, policy statements, guidance manuals, decisions, rules and other written materials that provide directives, guidance or other relevant compliance-related information to the public shall be cataloged by every agency.

 The procedure prescribed by this subchapter does not apply to:

   (1)  Emergency regulations as defined in the Regulatory Review Act (71 P. S. § §  745.1—745.15).

 (a)  This subchapter applies to all agencies under the jurisdiction of the Governor’s Office.

 Executive Order 1982-2 is rescinded.

Subchapter GG. [Reserved]

   The provisions of this §  1.394 adopted by Executive Order No. 1983-2, dated February 17, 1983, effective February 17, 1983, 13 Pa.B. 1243; reserved by Executive Order No. 1988-10, dated November 18, 1988, effective November 18, 1988, 18 Pa.B. 5568. Immediately preceding text appears at serial page (120038).

Subchapter HH. [Reserved]

   The provisions of this §  1.401 adopted by Executive Order No. 1983-6, dated October 4, 1983, effective October 4, 1983, 13 Pa.B. 3368; reserved by Executive Order No. 1987-15, dated July 22, 1987, effective July 22, 1987, 17 Pa.B. 3319. Immediately preceding text appears at serial page (115615).

Subchapter II. [Reserved]

   The provisions of this §  1.421 adopted by Executive Order No. 1984-2, dated May 16, 1984, effective May 16, 1984, 14 Pa.B. 1935; reserved by Executive Order No. 1987-15, dated July 22, 1987, effective July 22, 1987, 17 Pa.B. 3319. Immediately preceding text appears at serial page (123035).

Subchapter JJ. ACCOUNTING AND FINANCIAL REPORTING POLICIES AND PROCEDURES

Sec.

 (a)  Budget Secretary. The Secretary of Budget shall be responsible for:

   (1)  Developing and installing accounting and financial reporting systems that will be in adherence with GAAP and that will:

     (i)   Demonstrate compliance with all legal requirements and contractual obligations.

     (ii)   Provide for adequate and proper stewardship over Commonwealth resources, property, and other assets.

     (iii)   Provide appropriate and complete information for budgetary control.

   (2)  Publishing an audited Comprehensive Annual Financial Report of the Commonwealth, based on criteria developed by the National Council on Governmental Accounting in their Statement 3, Defining the Governmental Reporting Entry, and adopted by the Governmental Accounting Standards Board or successor.

 (b)  Department heads. The heads of independent departments, boards, and commissions and the governing bodies of quasi-governmental agencies included in the reporting entry are urged to use GAAP policies and procedures and to extend their cooperation to the Secretary of the Budget in compiling data necessary to the preparation of the annual report.

Subchapter KK. COMMONWEALTH SINGLE AUDIT COORDINATOR

Sec.

 The head of each agency responsible for administering a Federal financial assistance program is to designate a single audit contact person to represent the agency on single audit matters. Each contact person should be in a position to make or obtain timely decisions regarding audits and have complete access to programs, personnel, and single audit related material within the agency. The name and position of each contact person is to be submitted to the Office of the Budget, Comptroller Operations, Bureau of Audits, by April 1, 1986, and kept current thereafter.

Subchapter LL. MINORITY AND WOMEN
BUSINESS ENTERPRISE

Sec.

 The Department of General Services will do the following:

   (1)  Develop and implement policy initiatives to substantially increase contracting and subcontracting opportunities for minority and women-owned businesses and other disadvantaged businesses in the Commonwealth’s procurement of supplies, services and construction.

   (2)  Centrally manage Commonwealth information, policies, procedures and issues pertaining to minority and women-owned businesses and other disadvantaged businesses.

   (3)  Expand the pool of certified minority and women-owned businesses by:

     (i)   Repealing the current 8-year graduation requirement for Commonwealth certified minority and women-owned businesses.

     (ii)   Periodically adjusting the business size limitation for Commonwealth certification.

     (iii)   Establishing reciprocal certification agreements with other governmental and nongovernmental organizations.

     (iv)   Establishing an expedited certification process for those minority and women-owned businesses certified by other certifying bodies.

   (4)  Enforce compliance with the minority and women-owned business program by both business and Commonwealth agencies.

   (5)  Make investigations and reports relating to the administration of the minority and women-owned business program and operations of an executive agency as they relate to the program.

 Agency heads under the Governor’s jurisdiction will:

   (1)  Be responsible for ensuring that all competitive contract opportunities issued by their agency seek to maximize participation by minority and women-owned businesses and other disadvantaged businesses.

   (2)  Give consideration, when possible and cost effective, to contractors offering to utilize minority and women-owned businesses and disadvantaged businesses in the selection and award of contracts.

   (3)  Ensure that the agency’s commitment to the minority and women-owned business program is clearly understood and appropriately implemented and enforced by all agency employees.

   (4)  Designate a responsible official to supervise the agency minority and women-owned business program and ensure compliance within the agency.

   (5)  Furnish the Department of General Services, upon request, all requested information or assistance.

 The Department of General Services (Department) will seek to increase the utilization of minority and women-owned businesses and other disadvantaged businesses in all competitive contracting opportunities. To achieve this objective, the Department will:

   (1)  Establish procurement policy that will give consideration, when possible and cost effective, to contractors offering to utilize minority and women-owned businesses and disadvantaged businesses in the selection and award of contracts.

   (2)  Develop and maintain an effective enterprise-wide data collection system in procurement and contracting, and institute quarterly and annual reporting requirements on participation level and spending in each agency.

   (3)  Create an internal data linkage so that agency buyers and purchasing agents will have a substantial number of commodity or service specific minority and women-owned businesses to solicit.

Subchapter MM. UPPER DELAWARE FEDERAL SCENIC RIVER

Sec.

§ 1.472. Program objectives.

 (a)  The objectives of the Upper Delaware Federal Scenic River designation are to:

   (1)  Protect and maintain the unique scenic, cultural and natural qualities of the Upper Delaware River corridor including its rare and endangered plant and animal species and rare and natural habitats.

   (2)  Maintain and enhance the corridor’s social and economic vitality and its diversity consistent with efforts to protect the recognized values of the river corridor.

   (3)  Conserve the resources of the Upper Delaware primarily through the use of existing local and State land use controls and voluntary private landowner actions with local land use ordinances.

   (4)  Protect private property rights and allow for the use and enjoyment of the river corridor by both year-round and seasonal residents.

   (5)  Provide for planned growth consistent with local ordinances to ensure optimum use of existing public services while maintaining and conserving the essential character of the river valley.

   (6)  Maintain and improve fisheries and wildlife habitat to ensure the continued public enjoyment of hunting, fishing and trapping consistent with State laws.

   (7)  Foster a public recognition of the Upper Delaware River Valley as a place with its own identity, continuing history and destiny to be shaped by its residents.

   (8)  Provide for the continued public use and enjoyment of a full range of recreation activities as is compatible with the other goals.

   (9)  Encourage maximum local government official, private landowner, private group and citizen involvement in the management of the Upper Delaware.

 (a)  The Department of Conservation and Natural Resources is the single State agency to receive and administer Federal grants for implementing the management program of the Upper Delaware Federal Scenic River.

 (b)  The Department of Conservation and Natural Resources, Division of Greenways and Conservation Partnership, shall provide technical advice and assistance in the administration of this program, coordinate its activities with other agencies involved in the program, and act as a forum for conflict resolution among agencies in connection with their responsibilities under this subchapter.

 (c)  To the maximum extent permitted by law, all administrative departments, independent administrative boards and commissions, and other State agencies shall act consistently with the goals, policies and objectives of the Upper Delaware Scenic River Management Plan and provide for adequate consideration of the National interest involved in planning for and siting of facilities and the use of resources in the Upper Delaware Scenic River corridor when the planning, siting and uses are of more than local interest.

 (d)  Each administrative department, independent administrative board and commission, and other State agencies shall notify the Department of Conservation and Natural Resources, Division of Greenways and Conservation Partnership, of proposed activities having an affect upon Delaware River resources.

 Executive Order 1989-2 is rescinded.

Subchapter NN. MASTER LEASING PROGRAM

Sec.

 No Commonwealth administrative agency may arrange for financing of equipment leases or installment purchases, except through the Department of General Services’ Master Leasing Program. Exceptions to this policy shall be granted, in writing, by the Secretary of General Services.

APPENDIX A

 (Editor’s Note: 1 Pa. Code §  3.13(b) (relating to contents of Bulletin) gives the Legislative Reference Bureau discretion to exclude from publication in the Pennsylvania Bulletin classes of documents which are voluminous and applicable only to Commonwealth property or contracts or agency organization, management or personnel. Section 3.13(c) requires the Bureau to publish and codify a summary table of documents filed under §  3.13(b).)

   (1)  Administrative Circular No. 92-11, Dated March 2, 1992. Distribution of the 1992 Governor’s Annual Work Force Report.

   (2)  Administrative Circular No. 92-21, Dated June 5, 1992. Electronic Transmission of Voucher Transmittal Payment Data.

   (3)  Administrative Circular No. 92-28, Dated July 30, 1992. Availability—Commonwealth Telephone Directory.

Subchapter OO. MANAGEMENT AND PRODUCTIVITY IMPROVEMENT INITIATIVE

Sec.

 The goals of the Management and Productivity Improvement Initiative are to:

 (1)  Improve the efficiency and productivity of State government.

   (2)  Improve the cost effectiveness of State government operations.

   (3)  Identify ways to enhance revenues and use resources more effectively.

   (4)  Identify ways to leverage scarce resources and improve interagency coordination.

 The Office of Management and Productivity (Office) is created within the Office of Administration. The Director of the Office reports to the Secretary of Administration. The Office of Administration provides all support services and staff for the Office. The purposes and goals of the Office are to:

   (1)  Make recommendations to the Governor on management and productivity improvements and to advise the Governor of the results of those efforts.

   (2)  Identify, implement and evaluate programs, systems and processes to improve management operations and efficiency and increase productivity within State government, including improvements in contracting, procurement, technology, management, organization, operations and facility and property management.

   (3)  Identify opportunities to improve customer service and methods of assessing customer satisfaction.

   (4)  Review collective bargaining agreements and employee work rules to identify areas with the potential for greater efficiency and productivity.

   (5)  Assist agencies in management redesign efforts, program evaluation and performance evaluations.

   (6)  Identify ways to enhance nontax revenues and generate additional funding mechanisms.

   (7)  Solicit input from State employees on methods to improve management and productivity and develop the means to recognize individual employee contributions in reducing costs, improving efficiency and enhancing customer service.

 (a)  Purposes. The Management and Productivity Improvement Council (Council):

   (1)  Advises and assists the Governor and the Office of Management and Productivity (Office) in identifying opportunities to improve management, operations and programs in State government.

   (2)  Aids in the development and implementation of strategies for improving the management and productivity of State government.

   (3)  Assists in evaluating the efficacy of management and productivity improvements and results of those efforts.

 (b)  Composition. The Council consists of the following members:

   (1)  Secretary of Administration.

   (2)  Secretary of the Budget.

   (3)  Secretary of Banking.

   (4)  Secretary of Conservation and Natural Resources.

   (5)  Secretary of Education.

   (6)  Secretary of Environmental Protection.

   (7)  Secretary of General Services.

   (8)  Secretary of Public Welfare.

   (9)  Secretary of Revenue.

   (10)  Secretary of Transportation.

   (11)  Governor’s Chief of Staff.

 (c)  Officers. The Secretary of Administration serves as Chairperson of the Council. The Director of the Office serves as Secretary of the Council.

 (d)  Powers and duties. The Council has the power and duty to:

   (1)  Identify opportunities for improving the management and productivity of State government.

   (2)  Develop and implement strategies for making the improvements, including developing and updating a work plan.

   (3)  Identify barriers to the implementation of management and productivity improvement efforts and recommend strategies for addressing these barriers.

   (4)  Evaluate the cost and programmatic impact of improvements to State government management and productivity efforts.

 A Private Sector Task Force (Task Force) is created to assist the Management and Productivity Improvement Council. The Task Force is composed of up to five representatives from the private sector selected by the Governor. The Task Force is responsible for identifying:

   (1)  Best practices that might translate into opportunities for the Commonwealth to improve management and productivity.

 Commonwealth agencies under the direction of the Governor shall cooperate with the Office of Management and Productivity (Office) and the Management and Productivity Improvement Council (Council). Commonwealth agencies shall, at a minimum:

   (1)  Provide information, records and materials as might be necessary for the Office and the Council to carry out their responsibilities.

   (2)  Implement management and productivity improvements identified by the Office and approved by the Council.

   (3)  Evaluate the efficiency and effectiveness of management and productivity improvements.

   (4)  Recommend to the Office and the Council areas of investigation that might result in improvements to State government operations and customer service and achieve reduced costs or spending.

   (5)  Encourage and reward employees for recommending and implementing program efficiencies, cost savings and improvements in customer service.

Subchapter PP. ENERGY MANAGEMENT AND CONSERVATION IN COMMONWEALTH FACILITIES

Sec.

 (a)  The Department of General Services (Department) shall act as the centralized coordinator of the Commonwealth’s energy management and conservation measures in Commonwealth facilities for the executive agencies. In this role, the Department shall:

   (1)  Work with all agencies of the Commonwealth on effective methods to include energy conservation as part of any new construction project or renovation project, by way of green building practices or otherwise, and work collectively to track and monitor the results of the energy conservation methods.

   (2)  Apply Life Cycle Cost Analysis to the selection of energy sources, systems and controls for all new construction projects and renovation projects.

   (3)  Implement programs to train appropriate personnel in Life Cycle Cost Analysis.

   (4)  Act as the centralized authority for all Energy Service Company (ESCO) Projects implemented by the Executive agencies. In this role, the Department shall:

     (i)   Act as the approving authority for all ESCO Projects requested by the executive agencies.

     (ii)   Develop standard procedures by which ESCO Projects may be awarded.

     (iii)   Develop a comprehensive approach to ESCO applicable to all executive agencies.

     (iv)   Provide advisory services and guidance to the executive agencies for the conception and implementation of ESCO Projects.

     (v)   Seek to develop and implement a single financing source for all ESCO Projects.

   (5)  Develop procedures to reduce energy use in all leased facilities, including the possible centralized purchasing of energy for Commonwealth leases and including energy conservation measures in lease specifications.

   (6)  Procure Energy Star® and other energy efficient products where economical and consistent with Life Cycle Cost Analysis.

   (7)  Research new and innovative methods of energy conservation.

   (8)  Benchmark best practices for energy conservation technologies with other public and private sector organizations.

 (b)  The Department and all other executive agencies shall:

   (1)  Develop no-cost or low-cost energy conservation measures for all Commonwealth-owned and leased buildings. The measures should include, at a minimum, the following:

     (i)   The reduction of energy use during peak demand periods.

     (ii)   The measures to ensure that lighting systems are turned off during nonoperating hours.

     (iii)   The conversion to more energy efficient systems and bulbs as existing systems and bulbs reach the end of their life cycles.

     (iv)   The maximum use of natural lighting whenever possible and consistent with temperature control.

     (v)   Measures to ensure that HVAC systems operate at reduced levels during nonoperating hours.

     (vi)   Measures to ensure that all equipment powered electricity, including computer equipment, is turned off when not in use and that personal computers go into ‘‘sleep’’ mode after 5 minutes of inactivity.

     (vii)   Temperature reduction for hot-water heaters in all facilities except where operational needs require a specific water temperature.

     (viii)   The removal of lighting from all vending machines in lighted areas.

     (ix)   The removal or reduction of all other nonessential lighting.

     (x)   The maximum use of task lighting.

     (xi)   The setting of refrigerators to the highest temperature.

     (xiii)   The prohibition of personal space heaters except in areas where central HVAC systems cannot provide adequate heat under objective standards.

     (xiv)   The insulation of all hot water or steam pipes and hot water heaters.

     (xv)   The replacement of conventional light switches with motion-sensor switches.

     (xvi)   The replacement of incandescent lights in exit signs with LED fixtures.

     (xvii)   The maximum use of more energy efficient office equipment and turning off personal computers, printers and other office equipment during nonbusiness hours.

     (xvii)   Frequent cleaning of light fixtures.

     (xviii)   Frequent cleaning and maintenance of HVAC systems and routine replacement of filters.

     (xix)   Improved insulation of windows, doors, walls, roofs, floors and sealing of ductwork.

     (xx)   The closing of all windows during heating and cooling periods.

   (2)  Develop additional energy conservation methods based upon their individual operational missions.

   (3)  Designate facilities managers with primary responsibility to ensure that energy conservation measures are developed and complied with.

   (4)  Engage janitorial crews and security forces in the implementation of energy conservation measures.

   (5)  Continue to explore the use of ESCO Projects, Energy Star® products, green building practices and other similar energy conservation measures and implement the programs where appropriate.

   (6)  Explore recommissioning or other adjusting of HVAC systems ensure maximum efficiency.

   (7)  Develop a long-range energy use and conservation plan for each executive agency.

   (8)  Develop programs to educate and train employees in energy conservation methods.

 (c)  By June 13, 2005, executive agencies shall file a report with the Department setting forth all measures taken to implement this subchapter.

 (d)  The Department of Environmental Protection shall:

   (1)  Provide advice and assistance to the Department and executive agencies in developing the energy management and conservation requirement of this subchapter.

   (2)  On a continuing basis, develop and recommend additional no-cost or low-cost energy conservation measures to be implemented by the Department and the executive agencies.

   (3)  Develop long-range energy management and conservation methods to be applied in Commonwealth facilities.

 This subchapter will remain in effect unless revised or rescinded by the Governor.

Subchapter QQ. CONTRACT COMPLIANCE PROGRAM

Sec.

 Commonwealth agencies shall establish, implement and maintain contract compliance programs to ensure that Commonwealth contracts and grants are nondiscriminating in three aspects:

   (1)  Nondiscrimination in the Commonwealth’s award of contracts and grants.

   (2)  Nondiscrimination by those who are awarded Commonwealth contracts and grants in their award of subcontracts and supply contracts for the performance under Commonwealth contracts.

 (a)  The Department of General Services (DGS) shall:

   (1)  Develop standards for a uniform Statewide contract compliance program that ensures nondiscrimination by Commonwealth contractors and grantees.

   (2)  Review agency contract compliance programs, plans, reports and procedures to ensure consistency with the DGS contract compliance policies.

   (3)  Develop and implement monitoring and reporting systems to measure the effectiveness of agency contract compliance programs.

   (4)  Provide leadership and training to agencies and assist them in conducting contract compliance program audits including periodic onsite reviews.

   (5)  Investigate and make reports relating to the administration of contracting programs and operations.

   (6)  Require contractors and grantees to agree, as a condition in their contracts or agreements with the Commonwealth, not to discriminate in the award of subcontract or supply contracts or in hiring, promotion or other labor matters on the basis of race, gender, creed or color.

   (7)  Ensure that contractors and grantees receiving Commonwealth funds have, as a condition of payment or funding, a written sexual harassment policy and that the employees of the contractor or grantee are aware of the policy.

 (b)  Agency heads under the Governor’s jurisdiction shall:

   (1)  Ensure that the agency’s commitment to the contract compliance program is clearly understood and appropriately implemented by all agency employees.

   (2)  Develop contract compliance plans, coordinate the development of activities to implement agency plans, and develop audit and reporting systems to measure the effectiveness of the agency’s contract compliance programs.

   (3)  Designate a responsible official to supervise the agency’s contract compliance program.

   (4)  Designate a contract administrator to carry out all agency responsibilities regarding contract compliance as issued under this subchapter.

   (5)  Upon request, furnish information or assistance to DGS.

   (6)  Recommend sanctions to the Secretary of DGS, as may be appropriate, for lack of compliance with Commonwealth contracting programs.

 (a)  Failure to comply with the Commonwealth’s contract compliance programs will result in the imposition of sanctions.

 This subchapter takes effect immediately.

Subchapter RR. OFFICE OF DIVERSITY MANAGEMENT

Sec.

 The Office of Diversity Management (Office) shall be managed by the Chief Diversity Officer, an executive-level position within the Office of Administration, who shall report directly to the Governor or the Governor’s designee. The Chief Diversity Officer shall consult with the Governor’s Executive Diversity Council on matters related to diversity strategies implementation; advise the Secretary of Administration on matters related to equal employment opportunity, recruitment, placement, retention, and other workforce and workplace-related issues; and advise agencies and offices on procurement and contracting issues, as they may relate to diversity management and planning.

   (1)  Responsibilities. The Office shall create a coordinated Commonwealth-wide, strategic approach to diversity management and:

     (i)   Develop, design and implement a strategic plan to accomplish the Commonwealth’s diversity vision, mission and goals.

     (ii)   Identify acceptable measures, coordinate and guide diversity efforts, and establish clear direction and expectations for diversity management efforts in this Commonwealth.

     (iii)   Incorporate diversity management best practices into Commonwealth agency policies, practices, structures, goals and objectives.

 (a)  Composition. The Governor’s Executive Diversity Council (Executive Council) consists of the following members, who serve ex officio:

   (1)  Governor’s Chief of Staff.

   (2)  Secretary of Administration, who serves as Chairperson of the Council.

   (3)  Secretary of Labor and Industry.

   (4)  Secretary of Health.

   (5)  Secretary of General Services.

   (6)  Secretary of Community and Economic Development.

   (7)  Director of the Office of Public Liaison.

   (8)  Secretary of the Commonwealth.

   (9)  Chief Diversity Officer.

   (10)  Chairperson of the Board of Probation and Parole.

   (11)  Commissioner of the Pennsylvania State Police.

   (12)  Governor’s General Counsel.

   (13)  Executive Director of the State Civil Service Commission.

 (b)  Responsibilities. The responsibilities of the Executive Council are to:

   (1)  Provide guidance, direction and approval to the Office of Diversity Management on enterprise-wide diversity priorities, and to guide the Commonwealth’s diversity agenda and strategic plan implementation.

 (a)  Composition. The Governor’s Diversity Planning Council (Planning Council) consists of the following members, who serve ex officio:

   (1)  Deputy Secretary for Human Resources and Management, Office of Administration.

   (2)  Deputy Secretary for Procurement, Department of General Services.

   (3)  Deputy Secretary for Minority and Women’s Business Opportunities, Department of General Services.

   (4)  Executive Director for the Governor’s Advisory Commission on African American Affairs.

   (5)  Executive Director for the Governor’s Advisory Commission on Asian American Affairs.

   (6)  Executive Director for the Governor’s Advisory Commission on Latino Affairs.

   (7)  Executive Director for the Governor’s Cabinet for People with Disabilities.

   (8)  Executive Director for the Pennsylvania Commission for Women.

   (9)  Director of the Bureau of Equal Employment Opportunity, Office of Administration.

   (10)  A deputy secretary designated by the Chief Diversity Officer from an agency in each of four practice groups organized around the following: Public Safety; Health and Human Services; Environment; and Government Operations. Practice groups may be organized as presently structured under the Office of Information Technology Keystone Plan or differently as determined by the Chief Diversity Officer to meet agency functions, missions and practices.

 (b)  Responsibilities. The responsibilities of the Planning Council are to:

   (1)  Conduct meetings on a regular basis to identify critical diversity issues, including those that should be addressed in a comprehensive manner.

 This subchapter shall take effect immediately, and remain in effect unless rescinded by the Governor.