CHAPTER 5. COUNCILS AND COMMITTEES

Subchap. Sec.

A.    GOVERNOR’S TRAFFIC SAFETY COUNCIL … 5.1
B.    [Reserved]
C.    [Reserved]
D.    [Reserved]
E.    [Reserved]
F.    PENNSYLVANIA COMMISSION FOR WOMEN… 5.61
G.    [Reserved]
H.    COUNCIL FOR SEXUAL MINORITIES … 5.91
I.    [Reserved]
J.    PHYSICAL FITNESS AND SPORTS … 5.111
K.    SEASONAL FARMWORKERS … 5.121
L.    [Reserved]
M.    DEVELOPMENTAL DISABILITIES PLANNING COUNCIL … 5.141
N.    [Reserved]
O.    [Reserved]
P.    [Reserved]
Q.    PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY AND PENNSYLVANIA ENERGY DEVELOPMENT AUTHORITY… 5.181
R.    PENNSYLVANIA WORKFORCE INVESTMENT BOARD … 5.191
S.    CHILD DEVELOPMENT … 5.201
T.    GOVERNOR’S ADVISORY COMMISSION ON LATINO AFFAIRS … 5.211
U.    [Reserved]
V.    [Reserved]
W.    [Reserved] … 5.241
X.    DISPLACED HOMEMAKERS … 5.251
Y.    [Reserved]
Z.    [Reserved] … 5.271
AA.    [Reserved]
BB.    ADVISORY BOARD OF ARTHRITIS … 5.301
CC.    [Reserved]
DD.    [Reserved]
EE.    [Reserved]
FF.    [Reserved]
GG.    COMMITTEE ON EMPLOYMENT OF THE HANDICAPPED … 5.351
HH.    [Reserved]
II.    [Reserved]
JJ.    PENNSYLVANIA EMERGENCY RESPONSE COMMISSION … 5.381
KK.    DRUG POLICY PLANNING COORDINATION … 5.391
LL.    INTRA-GOVERNMENTAL COUNCIL ON LONG TERM CARE … 5.401
MM.    JOB TRAINING MANAGEMENT COMMITTEE … 5.421
NN.    COORDINATION OF FOOD AND NUTRITION PROGRAMS … 5.441
OO.    [Reserved] … 5.551
PP.    MOTOR CARRIER ADVISORY COMMITTEE … 5.561
QQ.    GOVERNOR’S ADVISORY COUNCIL FOR YOUNG CHILDREN … 5.571
RR.    [Reserved] … 5.591
SS.     GOVERNOR’S ADVISORY COMMITTEE ON THE UNITED STATES MARITIME CENTER IN ERIE … 5.601
TT.     GOVERNOR’S RURAL COORDINATING COUNCIL … 5.621
UU.     INTERAGENCY RIVER ISLAND TASK FORCE … 5.631
VV.     [Reserved] … 5.641
WW.     ENVIRONMENTAL TRAINING PARTNERSHIP … 5.651
XX.     [Reserved] … 5.671
YY.     GOVERNOR’S ADVISORY COMMISSION ON AFRICAN  AMERICAN AFFAIRS … 5.701
ZZ.     [Reserved] … 5.721
AAA.     PENNSYLVANIA COMMISSION ON CORRECTIONS  PLANNING … 5.741
BBB.     GOVERNOR’S TASK FORCE TO REDUCE WELFARE  DEPENDENCY … 5.761
CCC.     STATE COMMISSION ON NATIONAL AND COMMUNITY SERVICE … 5.771
DDD.     GOVERNOR’S COMMITTEE ON EDUCATION STANDARDS  AND ASSESSMENT … 5.791
EEE.     GOVERNOR’S COMMUNITY PARTNERSHIP FOR SAFE CHILDREN … 5.811
FFF.     GOVERNOR’S SPORTSMEN’S ADVISORY COUNCIL … 5.821
GGG.     GOVERNOR’S ADVISORY COMMISSION ON PUBLIC SCHOOL FINANCE … 5.841
HHH.     GOVERNOR’S EXECUTIVE COUNCIL ON RECYCLING DEVELOPMENT AND WASTE REDUCTION … 5.861
III.     GOVERNOR’S SPORTS AND EXPOSITION FACILITIES TASK FORCE … 5.871
JJJ.     IMPLEMENTATION OF THE IMPACCT COMMISSION RECOMMENDATIONS … 5.891
KKK.     MUNICIPAL WASTE FACILITIES REVIEW PROGRAM … 5.901
LLL.     GOVERNOR’S ADVISORY COMMISSION ON ACADEMIC STANDARDS … 5.921
MMM.     PENNSYLVANIA CENTER FOR ENVIRONMENTAL EDUCATION … 5.931
NNN.     GOVERNOR’S TRAVEL AND TOURISM COUNCIL … 5.941
OOO.     GOVERNOR’S GREEN GOVERNMENT COUNCIL … 5.951
PPP.     [Reserved] … 5.961
QQQ.     PENNSYLVANIA GREENWAYS PARTNERSHIP COMMISSION … 5.981
RRR.     GOVERNOR’S INTERAGENCY TASK FORCE ON ENERGY … 5.991

Subchapter A. GOVERNOR’S TRAFFIC SAFETY COUNCIL


Sec.


5.1.    Composition.
5.2.    Functions.
5.3.    Administration.
5.4.    [Reserved].

Source

   The provisions of this Subchapter A adopted by Executive Order No. 1975-4, dated March 3, 1975, 5 Pa.B. 471; amended by Executive Order No. 1980-8, dated April 1, 1980, 10 Pa.B. 1586; amended by Executive Order No. 1987-10, dated November 25, 1992, 23 Pa.B. 923, unless otherwise noted.

§ 5.1. Composition.

 (a)  The following agency heads or designated deputies will serve in person as members of the Governor’s Traffic Safety Council (GTSC):

   (1)  The Secretary of Transportation, Chairman.

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

   (3)  The Secretary of Health.

   (4)  The Commissioner of the Pennsylvania State Police.

   (5)  The Secretary of Education.

 (b)  The President Pro Tempore of the Senate and the Speaker of the House are each requested to designate one member of their respective bodies to serve as members of the GTSC.

 (c)  The Chief Justice of the Supreme Court is requested to designate a representative to serve as a member of the GTSC.

Source

   The provisions of this §  5.1 adopted by Executive Order No. 1975-4, dated March 3, 1975, 5 Pa.B. 471; amended by Executive Order No. 1980-8, dated April 1, 1980, effective April 19, 1980, 10 Pa.B. 1586; amended by Executive Order No. 1987-10, dated May 11, 1987, effective May 11, 1987, 17 Pa.B. 2132; amended by Executive Order No. 1987-10, dated November 25, 1992, 23 Pa.B. 923. Immediately preceding text appears at serial pages (172702) to (172703).

§ 5.2. Functions.

 The functions of the GTSC are to provide advice, leadership and recommendations to the Governor and citizens on highway safety issues in order to continue to improve safe highway mobility throughout this Commonwealth.

Source

   The provisions of this §  5.2 adopted by Executive Order No. 1975-4, dated March 3, 1975, 5 Pa.B. 471; amended by Executive Order No. 1980-8, dated April 1, 1980, effective April 19, 1980, 10 Pa.B. 1586; amended by Executive Order No. 1987-10, dated May 11, 1987, effective May 11, 1987, 17 Pa.B. 2132; amended by Executive Order No. 1987-10, dated November 25, 1992, 23 Pa.B. 923. Immediately preceding text appears at serial page (172703).

§ 5.3. Administration.

 (a)  The GTSC shall meet at least twice each year. Additional meetings shall be at the discretion of the Chairperson.

 (b)  The Deputy Secretary for Highway Administration is designated as the Governor’s Highway Safety representative to carry out the responsibilities and functions of the Highway Safety Act of 1986 (23 U.S.C.A. § §  105, 307 and 401—408).

 (c)  The Director, Bureau of Highway Safety and Traffic Engineering, will serve as Secretary to the GTSC and Coordinator of Highway Safety Programs.

Source

   The provisions of this §  5.3 adopted by Executive Order No. 1975-4, dated March 3, 1975, 5 Pa.B. 471; amended by Executive Order No. 1980-8, dated April 1, 1980, effective April 19, 1980, 10 Pa.B. 1586; amended by Executive Order No. 1987-10, dated May 11, 1987, effective May 11, 1987, 17 Pa.B. 2132; amended by Executive Order No. 1987-10, dated November 25, 1992, 23 Pa.B. 923. Immediately preceding text appears at serial page (172703).

§ 5.4. [Reserved].


Source

   The provisions of this §  5.4 adopted by Executive Order No. 1987-10, dated May 11, 1987, 17 Pa.B. 2132; reserved by Executive Order No. 1987-10, dated November 25, 1992, 23 Pa.B. 923. Immediately preceding text appears at serial page (172703).

Subchapter B. [Reserved]



Subchapter C. [Reserved]



Subchapter D. [Reserved]



Subchapter E. [Reserved]



Source

   The provisions of this Subchapter E adopted by Executive Directive No. 52 dated November 1, 1972, 2 Pa.B. 2351, amended by Executive Order No. 1978-5, dated March 14, 1978, 8 Pa.B. 787; rescinded by Executive Order No. 1979-10, dated July 25, 1979, effective July 1, 1979, 9 Pa.B. 2615, unless otherwise noted.

Subchapter F. PENNSYLVANIA COMMISSION FOR WOMEN


Sec.


5.61.    Functions.
5.62.    Composition.
5.63.    Terms of membership.
5.64.    Compensation.
5.65.    Relationship with other agencies.
5.66.    [Reserved].
5.67.    Procedures.
5.68.    Effective date.
5.69.    Rescission.

Source

   The provisions of this Subchapter F adopted by Executive Order No. 1975-3, dated February 27, 1975, 5 Pa.B. 709; amended by Executive Order No. 1997-3, dated June 25, 1997, 27 Pa.B. 4721, amended by Executive Order No. 2003-6, dated June 22, 2003, 33 Pa.B. 2480, unless otherwise noted. Immediately preceding text appears at serial pages (233908) to (233911).

§ 5.61. Functions.

 The Pennsylvania Commission for Women shall:

   (1)  Monitor women’s educational and employment needs and opportunities.

   (2)  Promote job training, educational programs and upward mobility for women.

   (3)  Encourage the development of and access to funding for small business enterprises owned or operated by women.

   (4)  Promote women for appointed positions in State government, the judicial system and local government.

   (5)  Maintain a current directory of programs affecting women that are administered by agencies of the Commonwealth.

   (6)Issue periodically a report on new State laws, regulations and governmental policies affecting women.

   (7)  Serve as a liaison between government and nongovernmental groups and organizations whose purposes relate to the interests of women.

   (8)  Assist women’s groups to institute local self-help activities designed to meet educational, employment and related needs.

   (9)  Using the Commission’s web site, toll-free hotline, and other current technologies, serve as a data bank for collecting and disseminating information, including information regarding proposed legislation, regulations and other governmental policies that would affect women.

   (10)  At times and in the manner as the Commission might deem appropriate, provide to the Governor and the General Assembly reports and recommendations for legislative or other governmental action.

   (11)  Perform other functions that it deems appropriate in furtherance of its responsibilities.

§ 5.62. Composition.

 (a)  The Pennsylvania Commission for Women (Commission) consists of members appointed by the Governor, in the number the Governor deems appropriate. The majority and minority leaders of both chambers of the General Assembly shall each provide a list to the Governor of four candidates, and the Governor will appoint two members of the Commission from each list. The members shall, to the extent practicable, represent diverse geographic, racial and ethnic groups and shall have expertise in fields such as aging, health care, business, education, agriculture, public welfare, child care, insurance and finance, labor, law and corrections.

 (b)  The Governor will, in consultation with the Commission members, designate one Commission member to serve as chairperson and one Commission member to serve as vice-chairperson. The chairperson and vice-chairperson serve at the pleasure of the Governor.

 (c)  The Governor will appoint an Executive Director of the Commission, who will serve at the pleasure of the Governor. The Executive Director shall report to the Governor and shall act at the Governor’s direction in taking action to initiate and implement the purposes of this subchapter and to implement the actions of the Commission. The Chairperson of the Commission shall act as liaison between the Commission and the Executive Director.

 (d)  The Executive Director shall, with the approval of the Governor, employ other persons as needed for the proper administration of the Commission.

§ 5.63. Terms of membership.

 (a)  Members shall be appointed for terms of 2 years and thereafter until their respective successors are appointed and qualified, but for no longer than 6 months after the conclusion of the 2-year term. A member may be reappointed. Members serve at the pleasure of the Governor.

 (b)  If a vacancy occurs on the Commission due to resignation, disability or death of a member, the Governor will appoint a successor as expeditiously as possible. The successor shall serve the duration of the unexpired term.

 (c)  A member who is absent from two consecutive meetings of the Commission without excuse shall forfeit membership on the Commission.

§ 5.64. Compensation.

 Members of the Pennsylvania Commission for Women receive no compensation for their service, except that members may be reimbursed for actual travel and related expenses in accordance with Commonwealth policy.

§ 5.65. Relationship with other agencies.

 To implement the purpose of this subchapter, the Commission may request and receive from any department, division, board, bureau, commission, or any other agency of the State or any political subdivision thereof or public authority, cooperation, assistance, information, and data needed by the Commission to properly carry out its powers and duties hereunder.

§ 5.66. [Reserved].

§ 5.67. Procedures.

 (a)  The Commission meets quarterly and a majority of the Commissioners serving at any time constitutes a quorum.

 (b)  The Commission is authorized to establish subcommittees and rules and procedures for the effective implementation of its functions consistent with this subchapter.

§ 5.68. Effective date.

 This order is effective June 22, 2003, and shall continue in effect unless revised or modified by the Governor.

§ 5.69. Rescission.

 Executive Order 1997-3 is rescinded.

Subchapter G. [Reserved]



Subchapter H. COUNCIL FOR SEXUAL MINORITIES


Sec.


5.91.    Policy.
5.92.    Composition of Council.
5.93.    Functions.
5.94.    Procedures.
5.95.    Duties of Agencies.

Source

   The provisions of this Subchapter H adopted October 22, 1976, 6 Pa.B. 2640, amended October 6, 1978, 8 Pa.B. 2711 unless otherwise noted.

§ 5.91. Policy.

 The council is established to work towards ending discrimination against persons because of their sexual or affectional orientation. There may be no discrimination by any Commonwealth department, board, commission or other official entity under the Governor’s jurisdiction, or any representative thereof, because of sexual or affectional orientation in hiring or employment, housing, credit, contracting, provisions of services or other matters whatsoever. Nothing, however, in this subchapter may be construed to require a review or statistical analyses of the composition of the work force or other class of persons affected hereby.

§ 5.92. Composition of Council.

 (a)  The Pennsylvania Council for Sexual Minorities shall be composed of not more than 37 members. The Attorney General, the Secretaries of the Departments of Health, Labor and Industry, Public Welfare and Education, the State Police Commissioner, the Secretary of Administration, the Commissioner of Corrections, the Executive Directors of the Pennsylvania Human Relations Commission and the Governor’s Council for Drug and Alcohol Abuse, and the Director of the Commission for Women, or a representative designated by them, shall serve as ex officio members. The remaining members will be appointed by the Governor from the general public.

 (b)  The Governor shall designate one member as Chairperson of the Council.

 (c)  Members of the Council shall serve for terms of 1 or 2 years as the Governor shall designate. The Governor shall fill vacancies which may occur.

 (d)  Members of the Council from the general public shall serve without salary but shall be reimbursed for necessary expenses incurred while attending official Council meetings and performing other official functions as the Chairperson, with the written approval of the Governor’s Office, shall prescribe.

§ 5.93. Functions.

 (a)  The Council shall study problems of sexual minorities and make recommendations to the Governor as to policy, program, and legislative changes needed to further the goal of obtaining equal rights for all persons.

 (b)  The Council shall work with State agencies to end discrimination against Commonwealth employes, clients, the general public and employes of firms which contract with the Commonwealth solely on the basis of their affectional or sexual preference.

 (c)  The Council shall work to educate State personnel and the public in general concerning problems and issues affecting sexual minorities. The Council shall outline plans for educating state employes concerning the problems of sexual minorities, review these plans with appropriate agency officials, develop timetables for their implementation, provide qualified speakers for educational seminars it shall organize, and evaluate the results of its programs.

 (d)  The Council is authorized to receive complaints from persons claiming that they have been the victims of discrimination for their sexual or affectional orientation. Where feasible, the complaints shall be referred to the appropriate agency for resolution. The Council shall compile a record of complaints received and their disposition. Agencies receiving the complaints directly will inform the Council of their nature and disposition.

§ 5.94. Procedures.

 (a)  The Council shall adopt rules of procedures consistent with the provisions of this subchapter. The rules shall, where appropriate, provide safeguards for the confidentiality of complaints.

 (b)  The Council shall convene for meetings or hearings at the call of its Chairperson. A majority of appointed members shall constitute a quorum for the purpose of conducting the business of the Council. A vote of the majority of members present shall be sufficient for all actions of the Council.

 (c)  The Council shall issue an annual report to the Governor.

§ 5.95. Duties of Agencies.

 Agencies under the jurisdiction of the Governor are hereby directed to cooperate with the Pennsylvania Council for Sexual Minorities, to supply the Council with information requested in order that goals of this subchapter may be realized, and to work with the Council to educate agency employes on the problems of sexual minorities. In addition, those agencies and departments not otherwise represented on the Council shall send a representative to Council meetings when so requested by the Chairperson.

Subchapter I. [Reserved]



Subchapter J. PHYSICAL FITNESS AND SPORTS


Sec.


5.111.    Appointment of members.
5.112.    Terms of membership.
5.113.    Functions.
5.114.    Cooperation by agencies.
5.115.    Effective date.
5.116.    Rescission.

Source

   The provisions of this Subchapter J adopted October 22, 1976, 6 Pa.B. 2640; amended by Executive Order No. 1991-4, dated April 22, 1991, 21 Pa.B. 2547; amended by Executive Order No. 1997-5, dated September 24, 1997, 27 Pa.B. 5398, unless otherwise noted. Immediately preceding text appears at serial pages (200938) to (200940).

§ 5.111. Appointment of members.

 (a)  The Governor Advisory Council on Physical Fitness and Sports (Council) consists of 15 individuals, all of whom are appointed by, and serve at the pleasure of, the Governor representing various sectors, including business and labor, amateur and professional sports, education, local and State governments, other State agencies, persons with special needs and the general public. The Secretary of Health, the Physician General and the Secretary of Education serve as ex-officio members. The Secretary of Health and Secretary of Education may designate a representative to serve in the Secretary’s place.

 (b)  The Governor designates one Council member to serve as chairperson. The chairperson serves at the pleasure of the Governor.

§ 5.112. Terms of membership.

 (a)  Members are appointed for terms of 2 years and continue to serve thereafter until their successors have been appointed. If a vacancy occurs during a member’s term, a successor will be appointed by the Governor.

 (b)  Upon the expiration of a term of an appointed member, the successor is appointed for a term of 2 years.

§ 5.113. Functions.

 The Governor’s Council on Physical Fitness and Sports:

   (1)  Enlists active community support by creating partnerships with individual citizens, civic and professional groups, amateur and professional athletes, business and labor groups, educational institutions, health care providers and volunteer organizations in an effort to promote and improve physical fitness activities for the citizens of this Commonwealth.

   (2)  Seeks to strengthen and coordinate State services and programs relating to physical fitness, recreation and sports by making recommendations to the Department of Health and other State agencies as appropriate.

   (3)  Encourages local governments to enhance physical fitness activities and facilities.

   (4)  Assists in promoting school health and physical education programs throughout this Commonwealth.

   (5)  Encourages development of community-centered sports and physical activity programs throughout this Commonwealth.

   (6)  Recognizes outstanding contributions and achievements by individuals and groups for their efforts to promote physical activity.

   (7)  Promotes events throughout this Commonwealth that integrate physical activity with disease prevention and health promotion initiatives.

   (8)  Encourages physical fitness among special populations, such as older Pennsylvanians, persons with disabilities and employes in the workplace.

   (9)  Works with other groups concerned with promoting physical activity, such as the President’s Council on Physical Fitness and Sports and other State and National organizations.

§ 5.114. Cooperation by State agencies.

 The Department of Health is the lead agency for the Governor’s Council on Physical Fitness and Sports (Council) and provides administrative support. All agencies under the Governor’s jurisdiction shall cooperate fully with the Governor’s Council and provide assistance and information as needed by the Council to carry out its functions effectively.

§ 5.115. Effective date.

 This subchapter is effective October 18, 1997.

§ 5.116. Rescission.

 Executive Order 1991-4 is rescinded.

Subchapter K. SEASONAL FARMWORKERS


Sec.


5.121.    Establishment and composition.
5.122.    Commonwealth Plan.
5.123.    Council duties.
5.124.    Executive Secretary.
5.125.    Advisory Committee.

Source

   The provisions of this Subchapter K adopted October 22, 1976, 6 Pa.B. 2640, amended November 17, 1978, 8 Pa.B. 3191, unless otherwise noted.

§ 5.121. Establishment and composition.

 (a)  The Governor’s Interdepartmental Council on Seasonal Farmworkers is hereby established.

 (b)  The Council shall be composed of the Secretary of Community Affairs, who shall serve as Chairman, the Secretaries of Revenue, Environmental Protection, Agriculture, Education, Public Welfare, Health, and Labor and Industry, the Commissioner of the Pennsylvania State Police, the Chairman of the Liquor Control Board, and the Attorney General.

§ 5.122. Commonwealth plan.

 Members of the Interdepartmental Council shall be responsible for developing and overseeing the implementation of a Commonwealth Plan to protect the legal rights of, improve the conditions of employment and housing of, and deliver health, education, training and social services to seasonal farmworkers. The Plan shall include, but not be limited to, methods for:

   (1)  Coordinating migrant programs and services of Commonwealth agencies.

   (2)  Coordinating field surveys, research, studies and investigations relating to conditions and problems of seasonal farmworkers.

   (3)  Reviewing grants and contracts coming to or emanating from Commonwealth agencies which affect seasonal farmworkers.

   (4)  Establishing priorities for allocations of Federal and State funds to programs and services for seasonal farmworkers.

§ 5.123. Council duties.

 The Interdepartmental Council shall:

   (1)  Meet at least six times annually.

   (2)  Review the administration and operation of service and enforcement programs and make recommendations for improvements.

   (3)  Oversee implementation of the Commonwealth Plan.

§ 5.124. Executive Secretary.

 The Secretary of Community Affairs shall appoint a member of his staff to serve as Executive Secretary of the Interdepartmental Council. The Executive Secretary shall, on a day-to-day basis, oversee implementation of the Commonwealth Plan and serve as liaison with individuals and agencies outside of State Government concerned with the problems of seasonal farmworkers.

§ 5.125. Advisory committee.

 There is hereby established an Advisory Committee to the Interdepartmental Council. It shall consist of no fewer than ten nor more than 20 members appointed by the Interdepartmental Council from seasonal farmworkers, nonprofit organizations providing services to seasonal farmworkers, and representatives of the agricultural industry. Members of the Advisory Committee shall be selected in such a manner so as to assure that the Advisory Committee represents a balanced cross section of opinions and interests. The Advisory Committee shall meet at the Council’s discretion and members of the Advisory Committee shall serve at the pleasure of the Council. Members of the Advisory Committee shall be reimbursed in accordance with procedures established by the Governor’s Office for expenses necessarily incurred in the discharge of their official duties.

Subchapter L. [Reserved]



Subchapter M. DEVELOPMENTAL DISABILITIES
PLANNING COUNCIL


Sec.


5.141.    Establishment.
5.142.    Council function.
5.143.    Composition of Council.
5.144.    Council responsibilities.
5.145.    Council administration and support services.
5.146.    Cooperation by State agencies.
5.147.    Definition.
5.148.    Rescission.

Source

   The provisions of this Subchapter M adopted by Executive Order No. 1979-9, dated July 25, 1979, effective July 1, 1979, 9 Pa.B. 2613; amended by Executive Order No. 1979-9, dated August 24, 1981, 11 Pa.B. 3212; amended by Executive Order No. 1989-4, dated March 8, 1989, 19 Pa.B. 1521; amended by Executive Order No. 1997-2, dated May 30, 1997, 27 Pa.B. 3207, unless otherwise noted. Immediately preceding text appears at serial pages (200942) to (200945).

§ 5.141. Establishment.

 The Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994, Pub. L No. 103-230, amended substantially the earlier enacted statutes which governed the operation of the Pennsylvania Developmental Disabilities Planning Council. To advance further the development within this Commonwealth of a responsive system of services for individuals with developmental disabilities and to fulfill to the maximum extent practicable the goals of Pub. L. No. 103-230, the Developmental Disabilities Council (referred to as the Council) is established.

§ 5.142. Council function.

 (a)  The mandate of the Council is to carry out the duties of a State planning council specified in applicable Federal laws and regulations and this subchapter and to advise the Governor on all matters affecting individuals with developmental disabilities in this Commonwealth. Federal policy articulated in Pub. L. No. 103-230 states that individuals with developmental disabilities and their families have competencies, capabilities and personal goals that should be recognized, supported and encouraged, and any assistance to these individuals should be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities and capabilities of these individuals.

 (b)  The Council shall promote, through systemic change, capacity building and advocacy activities consistent with the policy of Pub. L. No. 103-230 stated in subsection (a), the development of a consumer and family-centered, comprehensive system, and a coordinated array of culturally competent services, supports and other assistance designed to achieve independence, productivity and integration and inclusion into the community for individuals with developmental disabilities.

 (c)  Duties and obligations of the designated State agency and the Council will be governed by applicable Federal and Commonwealth laws, regulations and procedures.

§ 5.143. Composition of Council.

 (a)  The Council shall be composed of the Secretary of Public Welfare, the Secretary of Education, the Secretary of Health, the Secretary of Aging and the Secretary of Labor and Industry, or their designees, and 15 other members to be appointed by the Governor, including representatives of institutions of higher education, university affiliated programs in this Common wealth, the State protection and advocacy system, local agencies, nongovernmental agencies and private nonprofit groups concerned with services for individuals with developmental disabilities in this Commonwealth in which these agencies and groups are located.

 (b)  The Governor will select members of the Council, at his discretion, after soliciting recommendations from organizations representing a broad range of individuals with developmental disabilities and individuals interested in individuals with developmental disabilities, including the non-State agency members of the Council. The Council shall coordinate Council and public input to the Governor regarding all recommendations. To the extent feasible, the membership of the Council shall be geographically representative of this Commonwealth and reflect the diversity of this Commonwealth with respect to race and ethnicity.

 (c)  Ex officio members shall continue to serve as long as they hold office. All other members shall serve terms as determined by the Governor at the time of appointment to rotate membership on the Council. Members shall continue to serve on the Council until the members’ successors are appointed. The Council shall notify the Governor regarding membership requirements when vacancies remain unfilled for a significant period of time.

 (d)  At least 50% of the membership of the Council shall consist of individuals who are:

   (1)  Individuals with developmental disabilities.

   (2)  Parents or guardians of children with developmental disabilities.

   (3)  Immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves.

   (4)  Not employes of a State agency that receives funds or provides services made available under Pub. L. No. 103-230, and who are not managing employes (as defined in section 1126(b) of The Social Security Act (42 U.S.C.A. §  1320a-5)) of any other entity that receives funds or provides services under Pub. L. No. 103-230.

 (e)  Of the members of the Council described in subsection (d):

   (1)  One-third shall be individuals with developmental disabilities as described in subsection (d)(1).

   (2)  One-third shall be parents of children with developmental disabilities as described in subsection (d)(2) and immediate relatives or guardians of adults with mentally impairing developmental disabilities as described in subsection (d)(3).

   (3)  One-third shall be a combination of individuals described in subsection (d).

 (f)  Of the members of the Council described in subsection (e), at least one shall be an immediate relative or guardian of an institutionalized or previously institutionalized individual with a developmental disability or an individual with a developmental disability who resides or previously resided in an institution.

 (g)  The Governor will appoint a Chairperson of the Council who shall serve for 2 years and may thereafter be reappointed. The Council may make recommendations to the Governor concerning the appointment or reappointment of a Chairperson.

§ 5.144. Council responsibilities.

 As outlined in Pub. L. No. 103-230, the Council shall have the following responsibilities:

   (1)  Serve as advocate for systemic change, capacity building and advocacy activities.

   (2)  Examine priority areas.

   (3)  Develop and submit a State plan.

   (4)  Implement the State plan by various activities including demonstration of new approaches, outreach, training, supporting communities, interagency collaboration and coordination, coordination with related councils, committees and programs, barrier elimination, systems design, citizen participation, public education, coalition development, informing policymakers and prevention.

   (5)  Monitor the State plan.

   (6)  Review of designated State agency.

   (7)  Submit periodic reports.

   (8)  Develop a Council budget.

   (9)  Hire, supervise and assign staff.

§ 5.145. Council administration and support services.

 (a)  Members of the Council and its committees shall serve without salary but shall be reimbursed for reasonable and necessary expenses for attending Council meetings and performing Council duties, including child care and personal assistance services.

 (b)  The Council shall, consistent with State law, recruit and hire a Director of the Council, should the position of Director become vacant, and shall supervise and evaluate annually the Director.

 (c)  The Director shall hire, supervise and evaluate annually the staff of the Council. Council recruitment and hiring of staff shall be consistent with Federal and State nondiscrimination laws. Dismissal of personnel shall be consistent with State law and personnel policies. The staff and other personnel, while working for the Council, shall be responsible solely for assisting the Council in carrying out its duties and may not be assigned duties by the designated State agency or any other agency or office of the Commonwealth.

 (d)  The Council is not subject to Commonwealth policies on hiring freezes, reductions in force, prohibitions on staff travel or other policies, to the extent that these policies would impact staff or functions funded with Federal funds and would prevent the Council from carrying out its functions.

 (e)  Until the provisions of subsection (f) are implemented, the responsibilities of the designated State agency shall temporarily be continued by the Office of the Secretary of the Department of Public Welfare and staff to the Council shall be assigned to the Department of Public Welfare for complement and administrative purposes.

 (f)  The Council shall conduct a review of the designation of the Department of Public Welfare (Department) as the designated State agency and submit its recommendations to the Governor to assure compliance with Pub. L. No. 103-230. During this review and until its completion, the Department shall ensure the provision of adequate staff which shall participate with the Council in preparation of the Developmental Disabilities State Plan. Furthermore, the Department shall provide assurances and support services, as requested by and negotiated with the Council, in support of its duties and functions.

 (g)  The five principal departments which may be involved in the implementation of the Developmental Disabilities State Plan, Health, Aging, Education, Public Welfare and Labor and Industry, shall designate specific personnel to work with the Council and the administrative unit to ensure their ability to perform mandated functions.

 (h)  The Council shall adopt rules of procedure consistent with this subchapter, Pub. L. No. 103-230, regulations and guidelines issued by the Department of Health and Human Services, and applicable Commonwealth laws, regulations and procedures.

§ 5.146. Cooperation by State agencies.

 Commonwealth agencies under the jurisdiction of the Governor shall cooperate fully with the Developmental Disabilities Council and shall provide assistance and information as needed to carry out the functions in an effective manner.

§ 5.147. Definition.

 As used in this subchapter and as defined in Pub. L. No. 103-230, the term ‘‘developmental disability’’ means a severe, chronic disability of an individual 5 years of age or older that:

   (1)  Is attributable to a mental or physical impairment or a combination of mental and physical impairments.

   (2)  Is manifested before the individual attains age 22.

   (3)  Is likely to continue indefinitely.

   (4)  Results in substantial functional limitations in three or more of the following areas of major life activity:

     (i)   Self-care.

     (ii)   Receptive and expressive language.

     (iii)   Learning.

     (iv)   Mobility.

     (v)   Self-direction.

     (vi)   Capacity for independent living.

     (vii)   Economic self-sufficiency.

   (5)  Reflects the individual’s need for a combination and sequence of special, interdisciplinary or generic services, supports or other assistance that is of lifelong or extended duration and is individually planned and coordinated.

   (6)  When the term is applied to infants and young children, it means individuals from birth to 5, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.

§ 5.148. Rescission.

 Executive Order 1979-9, Executive Order 1981-9 and Executive Order 1989-4 are rescinded.

Subchapter N. [Reserved]



Subchapter O. [Reserved]



Subchapter P. [Reserved]



Subchapter Q. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY AND PENNSYLVANIA ENERGY
DEVELOPMENT AUTHORITY


Sec.


5.181—5.185.      [Reserved].
5.186.      Monitoring supplies of petroleum products.
5.187.      Designation of the Department of Environmental Protection.

Source

   The provisions of this Subchapter Q adopted by Executive Order No. 1979-7, dated July 19, 1979, effective August 4, 1979, 9 Pa.B. 2513, unless otherwise noted.

§ 5.181. [Reserved].


Source

   The provisions of this §  5.181 adopted by Executive Order No. 1979-7, dated July 19, 1979, effective August 4, 1979, 9 Pa.B. 2513; amended by Executive Order No. 1987-15, dated July 22, 1987, effective July 22, 1987, 17 Pa.B. 3319; reserved by Executive Order No. 1995-4, dated July 10, 1995, 25 Pa.B. 2982. Immediately preceding text appears at serial pages (157805) to (157806).

§ 5.182. [Reserved].


Source

   The provisions of this §  5.182 adopted by Executive Order No. 1979-7, dated July 19, 1979, effective August 4, 1979, 9 Pa.B. 2513; amended by Executive Order No. 1987-15, dated July 22, 1987, effective July 22, 1987, 17 Pa.B. 3319; amended by Executive Order No. 1995-4, dated July 10, 1995, 25 Pa.B. 2982. Immediately preceding text appears at serial pages (157806) and (120045).

§ 5.183. [Reserved].


Source

   The provisions of this §  5.183 adopted by Executive Order No. 1979-7, dated July 19, 1979, effective August 4, 1979, 9 Pa.B. 2513; amended by Executive Order No. 1987-15, dated July 22, 1987, effective July 22, 1987, 17 Pa.B. 3319; amended by Executive Order No. 1995-4, dated July 10, 1995, 25 Pa.B. 2982. Immediately preceding text appears at serial pages (120045) to (120046).

§ 5.184. [Reserved].


Source

   The provisions of this §  5.184 adopted Executive Order No. 1979-7, dated July 19, 1979, effective August 4, 1979, 9 Pa.B. 2513; 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 (115633).

§ 5.185. [Reserved].


Source

   The provisions of this §  5.185 adopted by Executive Order No. 1979-7, dated July 19, 1979, effective August 4, 1979, 9 Pa.B. 2513; amended by Executive Order No. 1987-15, dated July 22, 1987, effective July 22, 1987, 17 Pa.B. 3319; amended by Executive Order No. 1995-4, dated July 10, 1995, 25 Pa.B. 2982. Immediately preceding text appears at serial page (120046).

§ 5.186. Monitoring supplies of petroleum products.

 The Pennsylvania Emergency Management Agency is designated as the agency responsible for monitoring supplies of petroleum products and for implementing petroleum allocation measures in the event of a petroleum emergency.

Source

   The provisions of this §  5.186 adopted by Executive Order No. 1995-4, dated July 10, 1995, 25 Pa.B. 2982.

§ 5.187. Designation of the Department of Environmental Protection.

 (a)  Designated agency. The Department of Environmental Protection, in addition to other duties conferred by the laws of the Commonwealth, is designated as the agency primarily responsible for providing staff services to the Pennsylvania Energy Development Authority (PEDA). The PEDA will refer any projects which require the issuance of debt to the Pennsylvania Economic Development Financing Authority for the issuance of bonds or notes.

 (b)  Rescission. Executive Order 1995-3 is rescinded.

Source

   The provisions of this §  5.187 adopted by Executive Order No. 1995-3, dated July 10, 1995, 25 Pa.B. 2982; amended by Executive Order No. 2004-5, dated April 8, 2004, 34 Pa.B. 2287. Immediately preceeding text appears at serial page (263871).

Subchapter R. PENNSYLVANIA WORKFORCE INVESTMENT BOARD


Sec.


5.191.    Purpose.
5.192.    Composition.
5.193.    Chairperson and vice chairperson.
5.194.    Administration and staff.
5.195.    Cooperation of State agencies.
5.196.    Designation as the Commonwealth’s State Workforce Investment Board.
5.197.    Quorum.
5.198.    Meetings.
5.199.    Committees.
5.200.    Compensation.
5.200a.    Rescission.

Source

   The provisions of this Subchapter R amended by Executive Order No. 1981-9, dated July 15, 1981, 11 Pa.B. 2733; amended by Executive Order No. 1981-9, dated April 27, 1982, 12 Pa.B. 1531; amended by Executive Order No. 2000-2, dated February 14, 2000, 30 Pa.B. 1469, unless otherwise noted.

§ 5.191. Purpose.

 The purpose of the Board is to assist the Governor in:

   (1)  Development of a unified plan for workforce development system.

   (2)  Development and continuous improvement of a Statewide one-stop delivery system for workforce services.

   (3)  Development of linkages to ensure coordination and nonduplication among workforce programs.

   (4)  Designation of local workforce investment areas.

   (5)  Review and approval of local workforce investment plans.

   (6)  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 businesses in this Commonwealth.

   (7)  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.

   (8)  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.

   (9)  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 this Commonwealth’s workforce development system.

   (10)  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 Reconciliation Act of 1996, the act of August 22, 1996 (Pub. L. No. 104-193, 110 Stat. 2105) supports, and is supported by, the goals and objectives of this Commonwealth’s workforce development system.

   (11)  Comment at least annually on the measures taken under section 113 (b)(14) of the Carl D. Perkins Vocational and Technology Education Act of 1998 (20 U.S.C.A. §  2322(b)(14)).

   (12)  Coordinate the provision of services among State agencies consistent with the laws and regulations governing the human resources programs and Pennsylvania’s unified plan for workforce investment. For purposes of this order, applicable State and Federal laws include the following:

     (i)   The Workforce Investment Act of 1998, the act of August 7, 1998 (Pub. L. No. 105-220, 112 Stat. 936)

     (ii)   The Job Training Partnership Act, the act of October 13, 1982 (Pub. L. No. 97-300, 96 Stat. 1322)

     (iii)   The Carl D. Perkins Vocational and Applied Technology Education Act, the act of December 18, 1963 (Pub. L. No. 88-210).

     (iv)   The Wagner-Peyser Act (29 U.S.C.A. § §  49—49l-2).

     (v)   The Adult Education and Family Literacy Act (20 U.S.C.A. § §  9201—9253).

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

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

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

     (ix)   The Rehabilitation Act Amendments of 1998 (29 U.S.C.A. § §  701—795n).

     (x)   The Community Service Block Grant Amendments of 1994, the act of May 18, 1994 (Pub. L. No. 103—252, 108 Stat. 651) (42 U.S.C.A. §  9910c).

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

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

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

     (xiv)   The Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

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

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

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

     (xviii)   The New Economy Technology Scholarship Act (24 P. S. § §  5199.1—5199.9).

     (xix)   Section 906-B of The Administrative Code of 1929, regarding inmate education programs (71 P. S. §  310-6).

     (xx)   Other laws that the Governor or Board believes necessary to implement the workforce development system.

   (13)  Evaluate State and local plans and proposals submitted for the implementation of the Federal and State human resource programs, and approve those plans that are consistent with the laws and regulations governing those programs and with the policies and priorities established by the Board.

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

   (15)  Develop and advance strategies for local workforce investment boards to work collaboratively to create regional networks.

   (16)  Coordinate the following components of this 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 development of common definitions and common and specific performance standards and measures for workforce development programs and activities.

     (iii)   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.

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

     (v)   The implementation of mechanisms, including 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.

   (17)  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 the Federal or State statutes or regulations to eliminate barriers and promote the provisions of this subchapter.

   (18)  Report to the Governor, the General Assembly and the Commonwealth generally the Board’s progress, the return on investment, and the overall effectiveness of the State and Federal human resource programs defined in this section.

§ 5.192. Composition.

 (a)  The Pennsylvania Workplace Investment Board (Board) is established in accordance with the composition requirements for State workforce investment boards found in section 111 of the Workforce Investment Act (29 U.S.C.A. §  2821) and shall include:

   (1)  The Governor or a designee.

   (2)  Two members of each chamber of the Legislature.

   (3)  Representatives appointed by the Governor, who are:

     (i)   Representatives of business, which shall include a private sector employer representative from each of the Team Pennsylvania regions and owners of businesses, chief executive officers and other business executives with optimum policymaking or hiring authority, including members of local workforce investment boards, and businesses that reflect the employment opportunities in this Commonwealth.

     (ii)   Chief elected officials.

     (iii)   Representatives of labor organizations.

     (iv)   Representatives of individuals and organizations experienced with respect to youth activities.

     (v)   Representatives of organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community based organizations in this Commonwealth.

     (vi)   Lead State agency officials including:

       (A)   The Secretary of Aging.

       (B)   The Secretary of Community and Economic Development.

       (C)   The Secretary of Education.

       (D)   The Secretary of Labor and Industry.

       (E)   The Secretary of Public Welfare.

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

     (vii)   Other representatives or State agency officials the Governor deems necessary.

 (b)  A majority of the members of the Board shall be representatives described in subsection (a)(3)(i). Staggered terms of offices shall be established to allow for continuous operation of the Board.

§ 5.193. Chairperson and vice chairperson.

 The Governor will designate, to serve at the Governor’s pleasure, one private-sector employer to serve as chairperson and one government representative to serve as vice chairperson of the Board.

§ 5.194. Administration and staff.

 (a)  A management committee shall be established comprised of Commonwealth government representatives of the Pennsylvania Workplace Investment Board (Board) which are authorized to make determinations relating to the management and administration of workforce development programs.

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

§ 5.195. Cooperation of State agencies.

 (a)  The Pennsylvania Workplace Investment Board (Board) 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.

 (b)  Executive State agencies are instructed to implement the decisions made by the Board regarding the State and Federal human resource programs listed in this subchapter and other decisions directly related to the development, implementation and operation of the Commonwealth’s workforce development system.

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

 (d)  The policy and program offices of the Departments of Aging, Community and Economic Development, Education, Labor and Industry and Public Welfare shall provide personnel, equipment and resources, as may be required, for the functioning of the Board.

§ 5.196. Designation as the Commonwealth’s State Workforce Investment Board.

 The Pennsylvania Workplace Investment Board (Board) is designated as the Commonwealth’s State Workforce Investment Board in accordance with of the Workforce Investment Act of 1998, the act of August 7, 1998 (Pub. L. No. 105-220, 112 Stat. 936) and, as such, assumes the powers and responsibilities required of a State Workforce Investment Board, previously held by the Human Resources Investment Council.

§ 5.197. Quorum.

 A majority of the members shall constitute a quorum of the Pennsylvania Workplace Investment Board (Board) for the purpose of organizing and conducting business, and all action shall be taken by a vote of a majority of the members present. If a member cannot be present, the member may render a vote by proxy to another Board member.

§ 5.198. Meetings.

 The Pennsylvania Workplace Investment Board shall meet at such times and places it determines to be necessary.

§ 5.199. Committees.

 The Pennsylvania Workplace Investment Board (Board) has the authority to establish and to appoint members and delegate duties to committees, as it deems necessary, to fulfill its responsibilities. The committees will be chaired by a member of the Board.

§ 5.200. Compensation.

 Members of the Pennsylvania Workplace Investment Board receive no compensation, but are entitled to receive an allowance for expenses incurred in the performance of their duties.

§ 5.200a. Rescission.

 Executive Order 1997-7, Pennsylvania Human Resources Investment Council, is rescinded.

Subchapter S. CHILD DEVELOPMENT


Sec.


5.201.    Establishment.
5.202.    Functions.
5.203.    Organization.
5.204.    Executive agencies.

Source

   The provisions of this Subchapter S adopted by Executive Order No. 1978-6, dated March 14, 1978, 8 Pa.B. 788; amended by Executive Order No. 1979-10, dated July 25, 1979, effective July 1, 1979, 9 Pa.B. 2615, unless otherwise noted.

§ 5.201. Establishment.

 The Commonwealth Child Development Committee, is to be the people’s advocate for child development programs throughout the Commonwealth.

§ 5.202. Functions.

 The functions of The Commonwealth Child Development Committee shall be as follows:

   (1)  Design, publish, and continuously evaluate a comprehensive statewide plan for child development, with special attention given to early childhood programs and services. The plan is to show its relationship to other State plans for services to children and their families.

   (2)  Establish policies and procedures and provide technical assistance for the development of regional or district plans to articulate community priorities and needs.

   (3)  Recommend priorities for the allocation of Federal, State and local funds, based on identified gaps and inadequacies in services.

   (4)  Evaluate existing and proposed child development programs and plans for conformance to existing policy and to the statewide plan.

   (5)  Recommend administrative and statutory changes needed in the field of child development.

   (6)  On behalf of the Governor, approve and disapprove Head Start Program applications as provided for in Public Law 93-644, Title V, Section 516.

   (7)  Provide a public forum for the discussion of child development programs and problems.

   (8)  Serve as the state level committee for the Appalachian Regional Commission’s Child Development Program and exercise the responsibility required by this program and as the Governor may direct.

   (9)  Serve as a mechanism for airing differences of policy and procedure among State agencies providing services to young children.

§ 5.203. Organization.

 (a)  The Child Development Committee shall not exceed 25 members appointed by the Governor, one of whom shall be designated as Chairperson, and shall be composed as follows:

   (1)  The head of each of the following agencies is to designate one representative or, in the case of the Department of Public Welfare, two representatives from different program sectors, to serve as Committee members:

     (i)   Commission for Women

     (ii)   Department of Agriculture

     (iii)   Department of Community Affairs

     (iv)   Department of Education

     (v)   Department of Health

     (vi)   Department of Public Welfare

     (vii)   Governor’s Office of Budget and Administration

     (viii)   Governor’s Council on Drug and Alcohol Abuse

     (ix)   Office of State Planning and Development

   (2)  The remainder of the membership shall be representatives of local governments, private and voluntary agencies, and parents of children receiving services.

 (b)  Appointments shall be for a period of 2 years and may be renewed twice.

 (c)  The Chairperson of the Committee shall submit names of non-Committee members to serve on subcommittees and task forces of the Committee to the Secretary of Public Welfare for approval and appointment. Such appointments shall be renewed and approved on an annual basis.

 (d)  The Committee shall be housed in the Department of Public Welfare, which shall serve as the fiscal and administrative agent for the Committee.

§ 5.204. Executive agencies.

 All agencies under the jurisdiction of the Governor shall cooperate with and provide assistance as needed by the Committee in performing its functions.

Subchapter T. GOVERNOR’S ADVISORY COMMISSION ON
LATINO AFFAIRS


Sec.


5.211.      [Reserved].
5.212.      Functions.
5.213.      Composition of the Commission.
5.214.      Terms of membership.
5.215.      Compensation.
5.216.      Relationship with other agencies.
5.217.      Reports.
5.218.      Procedure.
5.219.      Rescission.
5.220—5.222.      [Reserved].

Source

   The provisions of this Subchapter T adopted by Executive Order No. 1978-12; amended by Executive Order No. 1979-16, dated December 4, 1979, effective December 22, 1979, 9 Pa.B. 4145, unless otherwise noted.

§ 5.211. [Reserved].


Source

   The provisions of this §  5.211 reserved by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611. Immediately preceding text appears at serial page (115638).

§ 5.212. Functions.

 The functions of the Commission are to:

   (1)  Make recommendations to the Governor on policies, procedures and legislation that would enhance the status of the Latino community in this Commonwealth.

   (2)  Serve as the Governor’s liaison to the Latino community on policies, procedures, legislation, and regulations that affect the Latino community to ensure that State government is accessible, accountable and responsive to the Latino community.

   (3)  Serve as a resource to all departments, commissions and agencies to ensure that they are cognizant of the needs of the Latino community and that this community benefits in an equitable fashion from their respective services and programs.

   (4)  Assist local Latino communities in developing strategies and programs that will enhance their social and economic status.

   (5)  Work with the administration to monitor the hiring, retention and promotion practices of the Commonwealth as they relate to the employment of Latinos to ensure that there are no discriminatory employment practices within the Commonwealth.

Source

   The provisions of this §  5.212 amended by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290; amended by Executive Order No. 2003-9, dated July 1, 2003, 33 Pa.B. 3600. Immediately preceding text appears at serial pages (214181) to (214182).

§ 5.213. Composition of the Commission.

 (a)  The Commission consists of 15 members to be appointed by the Governor who are representatives of this Commonwealth’s Latino community.

 (b)  The Governor will appoint an Executive Director of the Commission.

 (c)  The Governor will designate two Commission members to serve as cochairpersons of the Commission.

Source

   The provisions of this §  5.213 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290; amended by Executive Order No. 2003-9, dated July 1, 2003, 33 Pa.B. 3600. Immediately preceding text appears at serial page (214182).

§ 5.214. Terms of membership.

 (a)  Members will be appointed for a term of 2 years. All members shall serve at the pleasure of the Governor.

 (b)  If a vacancy occurs on the Commission due to resignation, disability or death of a member, a successor may be appointed by the Governor to serve the duration of the unexpired term. A successor so appointed may thereafter be reappointed.

Source

   The provisions of this §  5.214 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290. Immediately preceding text appears at serial page (213028).

§ 5.215. Compensation.

 Members of the Commission will not receive compensation for their service except that the members may be reimbursed for actual travel and related expenses in accordance with Commonwealth policy.

Source

   The provisions of this §  5.215 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290. Immediately preceding text appears at serial page (213028).

§ 5.216. Relationship with other agencies.

 To implement the purpose of this subchapter, the Commission may request and receive from any department, division, board, bureau, commission or any other agency of the State or any political subdivision thereof or public authority, cooperation, assistance, information and data needed by the Commission to properly carry out its powers and duties hereunder.

Source

   The provisions of this §  5.216 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290. Immediately preceding text appears at serial page (213029).

§ 5.217. Reports.

 The Commission shall submit reports, as it deems necessary, on issues affecting the Latino community in this Commonwealth.

Source

   The provisions of this §  5.217 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290. Immediately preceding text appears at serial page (200953).

§ 5.218. Procedure.

 The Commission is authorized to establish subcommittees and rules and procedures for the effective implementation of its functions consistent with this order.

Source

   The provisions of this §  5.218 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290. Immediately preceding text appears at serial page (200953).

§ 5.219. Rescission.

 Executive Order 1996-4 is rescinded.

Source

   The provisions of this §  5.219 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290; amended by Executive Order No. 2003-9, dated July 1, 2003, 33 Pa.B. 3600. Immediately preceding text appears at serial page (214183).

§ § 5.220—5.222. [Reserved].


Source

   The provisions of these § §  5.220—5.222 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; reserved by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290. Immediately preceding text appears at serial page (200953).

Subchapter U. [Reserved]



Source

   The provisions of this Subchapter U adopted by Executive Order No. 1979-2, dated May 4, 1979, 9 Pa.B. 1598; reserved February 6, 1987, effective February 7, 1987, 17 Pa.B. 626. Immediately preceding text appears at serial pages (46932) and (87911) to (87912).

Subchapter V. [Reserved]



Source

   The provisions of this Subchapter V adopted July 29, 1983, effective July 30, 1983, 13 Pa.B. 2341; reserved February 6, 1987, effective February 7, 1987, 17 Pa.B. 626. Immediately preceding text appears at serial pages (87912) and (113753) to (113754).

Subchapter W. [Reserved]



Source

   The provisions of this Subchapter W adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456, unless otherwise noted.

   (Editor’s Note: Subchapter W was terminated Decebmer 31, 1994.) empty

§ 5.241. [Reserved].


Source

   The provisions of this §  5.241 adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456; amended by Executive Order No. 1980-1 Amended, dated November 4, 1986, effective November 29, 1986, 16 Pa.B. 4645; amended by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial page (135320). empty

§ 5.242. [Reserved].


Source

   The provisions of this §  5.242 adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456; amended by Executive Order No. 1980-1 Amended, dated November 4, 1986, effective November 29, 1986, 16 Pa.B. 4645; amended by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial pages (135320) and (127733). empty

§ 5.243. [Reserved].


Source

   The provisions of this §  5.243 adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456; amended by Executive Order No. 1980-1 Amended, dated November 4, 1986, effective November 29, 1986, 16 Pa.B. 4645; amended by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial pages (127733) to (127734). empty

§ 5.244. [Reserved].


Source

   The provisions of this §  5.244 adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456; amended by Executive Order No. 1980-1 Amended, dated November 4, 1986, effective November 29, 1986, 16 Pa.B. 4645; amended by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial page (127735). empty

§ 5.245. [Reserved].


Source

   The provisions of this §  5.245 adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456; amended by Executive Order No. 1980-1 Amended, dated November 4, 1986, effective November 29, 1986, 16 Pa.B. 4645; amended by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial page (127735). empty

§ 5.246. [Reserved].


Source

   The provisions of this §  5.246 adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456; amended by Executive Order No. 1980-1, dated December 30, 1983, effective February 11, 1984, 14 Pa.B. 427; amended by Executive Order No. 1980-1 Amended, dated November 4, 1986, effective November 29, 1986, 16 Pa.B. 4645; amended by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial page (127735). empty

§ 5.247. [Reserved].


Source

   The provisions of this §  5.247 adopted by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial page (127735).

Subchapter X. DISPLACED HOMEMAKERS


Sec.


5.251.    Establishment.
5.252.    Organization and membership.
5.253.    Functions.
5.254.    Cooperation by State agencies.

Source

   The provisions of this Subchapter X adopted by Executive Order No. 1980-5 dated February 28, 1980, effective March 22, 1980, 10 Pa.B. 1296, unless otherwise noted.

§ 5.251. Establishment.

 A Task Force on Employment Services to Displaced Homemakers is hereby established.

§ 5.252. Organization and membership.

 (a)  The Task Force will be chaired by the Director of the Commission for Women and will meet at the call of the chair.

 (b)  The Task Force will comprise the following agencies and departments:

   (1)  Department of Aging.

   (2)  Department of Welfare.

   (3)  Department of Community Affairs.

   (4)  Department of Education.

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

 (c)  It will be the responsibility of each agency head to designate representatives to the Task Force.

 (d)  It shall be the additional responsibility of agency heads to make other staff services available to the Task Force as needed at the discretion of the chair.

 (e)  The Chairperson may call on other State departments and agencies as necessary to assist the Task Force.

§ 5.253. Functions.

 The functions of the Task Force shall be as follows:

   (1)  To identify and consolidate information about programs within and without State government for which displaced homemakers might be eligible.

   (2)  To establish and review goals for services to displaced homemakers and set criteria for evaluating these services.

   (3)  To gather data on the effectiveness of existing programs affecting displaced homemakers.

   (4)  To recommend changes in policy or practice which would enhance services to displaced homemakers, including but not limited to legislation.

   (5)  To encourage the participation of nongovernmental agencies in displaced homemaker programs.

   (6)  To consult with persons outside the Task Force membership as necessary.

§ 5.254. Cooperation by State agencies.

 All agencies under the jurisdiction of the Governor shall cooperate fully with the Task Force and shall provide such assistance and information as needed by the Task Force to carry out its functions in an effective manner.

Subchapter Y. [Reserved].



Source

   The provisions of this Subchapter Y adopted by Executive Order No. 1980-16, dated June 6, 1980, effective June 6, 1980, 10 Pa.B. 3029; reserved by Executive Order No. 1983-3, dated March 15, 1983, 13 Pa.B. 1575. Immediately preceding text appears at serial pages (52489), (76591) and (76592).

Subchapter Z. [Reserved]



Source

   The provisions of this Subchapter Z adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659, unless otherwise noted.

   (Editor’s Note: Subchapter Z was terminated December 31, 1994.) empty

§ 5.271. [Reserved].


Source

   The provisions of this §  5.271 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115644). empty

§ 5.272. [Reserved].


Source

   The provisions of this §  5.272 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1980-10 Amended, dated November 18, 1982, effective November 18, 1982, 12 Pa.B. 4279; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115644). empty

§ 5.273. [Reserved].


Source

   The provisions of this §  5.273 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115644). empty

§ 5.274. [Reserved].


Source

   The provisions of this §  5.274 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order 1980-10 Amended, dated November 18, 1982, effective November 18, 1982, 12 Pa.B. 4279; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.275. [Reserved].


Source

   The provisions of this §  5.275 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.276. [Reserved].


Source

   The provisions of this §  5.276 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.277. [Reserved].


Source

   The provisions of this §  5.277 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.278. [Reserved].


Source

   The provisions of this §  5.278 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; reserved by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.279. [Reserved].


Source

   The provisions of this §  5.279 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.280. [Reserved].


Source

   The provisions of this §  5.280 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.281. [Reserved].


Source

   The provisions of this §  5.281 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115646). empty

§ 5.282. [Reserved].


Source

   The provisions of this §  5.282 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; reserved by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115646). empty

§ 5.283. [Reserved].


Source

   The provisions of this §  5.283 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; reserved by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115646). empty

§ 5.284. [Reserved].


Source

   The provisions of this §  5.284 adopted by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285.

Subchapter AA. [Reserved]



Source

   The provisions of this Subchapter AA adopted by Executive Order No. 1981-5, dated February 18, 1981, effective February 18, 1981, 11 Pa.B. 1924; reserved February 6, 1987, effective February 7, 1987, 17 Pa.B. 626. Immediately preceding text appears at serial pages (87917) to (87918), (76597) and (61788).

Subchapter BB. ADVISORY BOARD OF ARTHRITIS


Sec.


5.301.    Purpose.
5.302.    Duties and responsibilities.
5.303.    Composition.
5.304.    Appointment of members.
5.305.    Term of membership.
5.306.    Compensation.
5.307.    Rules.
5.308.    Reports.
5.309.    Executive agencies.
5.310.    Department of Health.

Source

   The provisions of this Subchapter BB adopted by Executive Order No. 1981-6, dated May 22, 1981, effective May 22, 1981, 11 Pa.B. 2028, unless otherwise noted.

§ 5.301. Purpose.

 The purpose of this subchapter is to assess the magnitude of the arthritis problem in the Commonwealth and develop a control plan which will define the impact of arthritis and its complications on the people of the Commonwealth of Pennsylvania.

§ 5.302. Duties and responsibilities.

 The duties and responsibilities of the Advisory Board shall be as follows:

   (1)  Periodically assess the resources for patient care in the Commonwealth.

   (2)  Oversee the institution of education programs at all levels.

   (3)  Make recommendations for legislation that will affect the well-being of patients with arthritis and related diseases.

   (4)  Coordinate all arthritis-related activities within the State.

   (5)  Insure that the quality of life for the arthritis patient remains paramount.

   (6)  Provide a clearinghouse for research studies into the epidemiology, etiology, prevention, and control of arthritis including social, environmental behavior, nutrition, and biologic controls.

   (7)  Insure the employability and vocational rehabilitation of patients with arthritis.

   (8)  Develop programs for improved methods of arthritis screening and referral into the arthritis health delivery care system.

   (9)  Establish programs to measure the severity and rehabilitative potential of disabilities resulting from arthritis.

   (10)  Acquaint legislators and other government officials with new developments in the field of arthritis.

   (11)  Monitor the formation and functioning of arthritis centers.

   (12)  Work cooperatively with the Pennsylvania Arthritis Council.

§ 5.303. Composition of the Advisory Board.

 The Advisory Board shall consist of nine members, with a balanced regional representation, and shall include a cross section of individuals from professional, voluntary and consumer organizations working with and interested in arthritis.

§ 5.304. Appointment of members.

 (a)  Members of the Advisory Board shall be appointed by the Governor.

 (b)  The Governor shall designate one member to serve as Chairperson.

§ 5.305. Term of membership.

 (a)  Members shall be appointed for terms of two years and may thereafter be reappointed at the discretion of the Governor.

 (b)  Should a vacancy occur on the Advisory Board due to resignation, disability or death of a member, a successor shall be appointed by the Governor to serve the duration of the unexpired term.

§ 5.306. Compensation.

 Members of the Advisory Board shall receive no compensation for their service, but may be reimbursed for actual travel and related expenses in accordance with the rules of the Office of Budget and Administration.

§ 5.307. Rules.

 The Advisory Board is hereby authorized to adopt reasonable rules and regulations to carry out its responsibilities.

§ 5.308. Reports.

 The Advisory Board shall submit reports to the Secretary of Health within 6 months after the effective date of this order. Thereafter, reports shall be submitted on an annual basis.

§ 5.309. Executive agencies.

 Agencies under the Governor’s jurisdiction shall cooperate with and provide assistance as needed by the Advisory Board in performing its functions.

§ 5.310. Department of Health.

 The Advisory Board shall report to the Secretary of Health and shall receive staff support from the Division of Chronic Disease Control. The Board shall also cooperate with the Statewide Health Coordinating Council in assisting to implement that portion of the State Health Plan as presented by the Arthritis Task Force Report.

Subchapter CC. [Reserved]



Source

   The provisions of this Subchapter CC adopted by Executive Order No. 1981-7, dated June 17, 1981, effective June 17, 1981, 11 Pa.B. 2472; reserved by Executive Order No. 1986-2, effective April 22, 1986, 16 Pa.B. 1721. Immediately preceding text appears at serial pages (63821) and (82304) to (82305).

Subchapter DD. [Reserved]



Source

   The provisions of this Subchapter DD adopted by Executive Order No. 1981-10, dated July 31, 1981, effective July 31, 1981, 11 Pa.B. 2906; reserved by Executive Order No. 1983-3, dated March 15, 1983, 13 Pa.B. 1575. Immediately preceding text appears at serial pages (63823) to (63825), and (67167).

Subchapter EE. [Reserved]



Source

   The provisions of this Subchapter EE adopted by Executive Order No. 1981-11, dated October 6, 1981, effective October 6, 1981, 11 Pa.B. 3943; reserved by Executive Order No. 1983-3, dated March 15, 1983, 13 Pa.B. 1575. Immediately preceding text appears at serial pages (67167) to (67169).

Subchapter FF. [Reserved]



Source

   The provisions of this Subchapter FF adopted by Executive Order No. 1981-12, dated October 13, 1981, effective October 13, 1981, 11 Pa.B. 3685; reserved by Executive Order No. 1983-3, dated March 15, 1983, 13 Pa.B. 1575. Immediately preceding text appears at serial pages (67169) and (67170).

Subchapter GG. COMMITTEE ON EMPLOYMENT
OF THE HANDICAPPED


Sec.


5.351.    Objectives of the Committee.
5.352.    Composition of the Committee.
5.353.    Functions of the Committee.
5.354.    Meetings of the Committee.
5.355.    Cooperation by State agencies.
5.356.    Effective date.

Source

   The provisions of this Subchapter GG adopted by Executive Order No. 1981-13, dated October 19, 1981, effective October 19, 1981, 11 Pa.B. 4027, unless otherwise noted.

§ 5.351. Objectives of the Committee.

 The following shall be the objectives of the Committee:

   (1)  To develop a better understanding by the handicapped of rehabilitation, training, and placement services available to them and to encourage them to use these services.

   (2)  To promote increased employment, on a year-round basis, of handicapped workers, as well as the retention and advancement of those already employed.

   (3)  To promote a better public appreciation of the outstanding performance of physically handicapped workers when properly placed.

   (4)  To encourage and assist local committees on employment of the handicapped to carry out programs which will make these objectives effective.

§ 5.352. Composition of the Committee.

 (a)  The Secretary of Labor and Industry shall be Chairperson of the Committee. The Chairperson shall appoint an Executive Secretary who shall report directly to the Chairperson.

 (b)  The balance of the membership shall be composed of representatives of agencies and organizations operating within this Commonwealth which are interested in any phase of service to the physically, mentally, or emotionally handicapped, such as governmental, business, labor, veterans, medical, health, welfare, educational, informational, fraternal, and religious groups, and also other individuals who are interested in the problems of the handicapped as well as handicapped individuals.

 (c)  Current committee members may retain their status if they so choose. New members may be elected to the State Committee by a majority of the membership attending the spring or fall meetings. The Executive Committee shall be elected annually in the same manner.

§ 5.353. Functions of the Committee.

 The following shall be the functions of the Committee:

   (1)  To coordinate activities for promotion of employment of the handicapped at the State level. This will include serving as liaison between the President’s Committee on Employment of the Handicapped and local committees across the State.

   (2)  To lend support to local committees on employment of the handicapped in initiating meetings and conferences designed to create greater awareness of the abilities of handicapped individuals and bring them together with employers.

   (3)  To serve as a resource to employers, labor unions, private social agencies, and handicapped individuals on legislation pertaining to the rights and responsibilities of all concerned in regard to employment and employment related factors such as accessibility.

   (4)  To serve as a resource to handicapped individuals in providing information on governmental services available to help them gain self-sufficiency through employment.

   (5)  Disseminate appropriate informational materials on various disabilities in order to create a better understanding of the disability and, through this understanding, a greater awareness of the abilities of persons with such handicaps.

   (6)  Sponsor appropriate contests among students that will give this important group a positive awareness of the handicapped.

   (7)  Recognize outstanding achievements in employment and in hiring handicapped individuals through the presentation of awards in these areas at an annual conference.

§ 5.354. Meetings of the Committee.

 (a)  The Committee shall hold semiannual meetings in the spring and fall of each year for dissemination of information, exchange of ideas, and planning. Officers will be elected at the annual spring meeting.

 (b)  Special meetings may be called as necessary by the Chairperson. If any member feels a special meeting is necessary, a request should be made to the Chairperson.

§ 5.355. Cooperation by State agencies.

 All agencies under the Governor’s jurisdiction shall cooperate fully with the Committee and the Chairperson and shall provide such assistance and information as needed by them to carry out their functions in an effective manner.

§ 5.356. Effective date.

 This order shall take effect immediately.

Subchapter HH. [Reserved]



Source

   The provisions of this Subchapter HH adopted by Executive Order No. 1982-1, dated February 24, 1982, effective February 24, 1982, 12 Pa.B. 939; reserved February 6, 1987, effective February 7, 1987, 17 Pa.B. 626. Immediately preceding text appears at serial pages (87919) to (87920).

Subchapter II. [Reserved]



Source

   The provisions of this Subchapter II adopted by Executive Order No. 1983-8, dated December 20, 1983, effective January 21, 1983, 14 Pa.B. 209; 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 (87920), (95389) and (95390).

Subchapter JJ. PENNSYLVANIA EMERGENCY
RESPONSE COMMISSION


Sec.


5.381.    Establishment.
5.382.    Composition.
5.383.    Responsibilities.
5.384.    Lead State agency designation.
5.385.    Emergency planning districts.
5.386.    Prior responsibilities continue.
5.387.    Donations permitted.
5.388.    Meetings.
5.389.    Reimbursement of expenses.

Source

   The provisions of this Subchapter JJ adopted by Executive Order No. 1987-8, dated April 20, 1987, effective April 20, 1987, 17 Pa.B. 2133, unless otherwise noted.

§ 5.381. Establishment.

 There is created within the Pennsylvania Emergency Management Council (Council) a Pennsylvania Emergency Response Commission (Commission).

§ 5.382. Composition.

 The composition of the Commission shall be the same as the Council, augmented by the Secretary of Labor and Industry and other private and public sector representatives as the Governor determines necessary or desirable, consistent with the intent of Title III of the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499, 100 Stat. 1613). The Chairperson of the Council shall serve as Chairperson of the Commission.

§ 5.383. Responsibilities.

 The Commission will have primary responsibility for overall policy and direction of Statewide emergency planning and notification activities and organization consistent with the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499, 100 Stat. 1613).

§ 5.384. Lead State agency designation.

 To assist the Commission in carrying out its responsibilities, the Pennsylvania Emergency Management Agency is designated as the lead State agency responsible for coordinating the development, execution and management of programs and functions of State agencies and emergency planning districts.

§ 5.385. Emergency planning districts.

 Emergency planning districts will be established in each county of this Commonwealth. The planning districts shall function, consistent with Commission policy and guidelines, under the direction of their County Boards of Commissioners. Districts should be subsumed within existing county emergency management agencies and shall be colocated therewith. These organizations shall constitute the local emergency planning committees. The committees and their coordinated planning activities are subject to approval of the Commission.

§ 5.386. Prior responsibilities continue.

 This subchapter does not obviate or modify existing department or agency responsibilities associated with Title III of the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499, 100 Stat. 1613) or other related Federal or State laws. Licensing, regulatory and enforcement functions remain as currently mandated by law or otherwise designated.

§ 5.387. Donations permitted.

 The Commission may receive grants, donations or gifts of money, equipment, supplies or services from public or private sources to carry out its duties.

§ 5.388. Meetings.

 The Commission will meet quarterly and at other times on call of the Chairperson. When all appointments to the Commission have been made, the Governor will establish a quorum necessary for the official transaction of Commission business.

§ 5.389. Reimbursement of expenses.

 Members serve without compensation, but are entitled to reimbursement of expenses necessarily incurred, in accordance with Management Directive 230.10 (see 4 Pa. Code Chapter 40 (relating to travel and subsistence)).

Subchapter KK. DRUG POLICY PLANNING COORDINATION


Sec.


5.391.    Purpose.
5.392.    Coordination.
5.393.    Powers and duties of the Chairperson of the Pennsylvania Commission on Crime and Delinquency (Commission).
5.394.    Relationship to other agencies.
5.395.    Rescission.
5.396.    [Reserved].

Source

   The provisions of this Subchapter KK adopted by Executive Order No. 1987-13, dated June 2, 1987, effective June 2, 1987, 17 Pa.B. 2422; amended by Executive Order No. 1987-13, dated February 16, 1989, 19 Pa.B. 1276; amended by Executive Order No. 1987-13, dated May 22, 1989, 19 Pa.B. 2424; amended by Executive Order No. 1987-3, dated July 26, 1991, 21 Pa.B. 3680; amended by Executive Order No. 1995-2, dated July 10, 1995, 25 Pa.B. 2980; amended by Executive Order No. 1995-2, dated December 19, 1997, 28 Pa.B. 471, unless otherwise noted. Immediately preceding text appears at serial pages (200970) to (200973).

§ 5.391. Purpose.

 The purpose of this subchapter is to formulate, implement and evaluate Statewide strategies to combat illegal drug use and drug and alcohol abuse in the communities of this Commonwealth. The Chairperson of the Pennsylvania Commission on Crime and Delinquency, at the direction of the Governor, is authorized to receive and distribute all Federal funds previously or hereafter designated for drug and alcohol programs to be identified or selected by the Governor, and all categorical funds to be administered by executive branch agencies.

§ 5.392. Coordination.

 (a)  In developing the Commonwealth’s drug use and alcohol abuse prevention policy, the Director of the Governor’s Policy Office shall coordinate efforts among the following:

   (1)  The Secretary of Public Welfare.

   (2)  The Secretary of Health.

   (3)  The Secretary of Education.

   (4)  The Secretary of Labor and Industry.

   (5)  The Commissioner of Corrections.

   (6)  The Commissioner of State Police.

   (7)  The Chairperson and Executive Director of the Pennsylvania Commission on Crime and Delinquency (Commission).

   (8)  The Attorney General.

 (b)  In the implementation and administration of drug use and alcohol abuse prevention efforts, the Chairperson or Executive Director of the Commission shall coordinate efforts among the following:

   (1)  The Secretary of Public Welfare.

   (2)  The Secretary of Health.

   (3)  The Secretary of Labor and Industry.

   (4)  The Commissioner of Corrections.

   (5)  The Commissioner of the State Police.

   (6)  The Secretary of Education.

   (7)  The Attorney General.

 (c)  Other State officials may be invited, from time to time, at the discretion of the Chairperson of the Commission or Director of the Governor’s Policy Office, to participate in meetings when the attendance is deemed necessary.

§ 5.393. Powers and duties of the Chairperson of the Pennsylvania
Commission on Crime and Delinquency (Commission).

 The Chairperson shall have the following powers and duties:

   (1)  To implement a Statewide strategy for the prevention and eradication of illegal drug use and drug and alcohol abuse and related problems by:

     (i)   Maximizing the effectiveness of limited resources for law enforcement, prosecutorial, correctional and related functions.

     (ii)   Promoting coordination of Federal, State and local efforts to focus on particular drugs of abuse.

     (iii)   Ensuring that drug and alcohol abuse education efforts are carried out in the schools Statewide and identifying and assisting students at risk of drug and alcohol abuse.

     (iv)   Promoting coordinated delivery of drug and alcohol abuse treatment and rehabilitation services.

     (v)   Encouraging integration of drug and alcohol treatment and rehabilitation service with other human service delivery systems.

     (vi)   Establishing policies and priorities for the allocation of Federal and State funds to support prevention, education, treatment and enforcement efforts administered by the State departments, boards and commissions.

     (vii)   Using other means as the Chairperson deems appropriate.

   (2)  To evaluate existing drug and alcohol abuse prevention, education, treatment, and enforcement programs and strategies and direct appropriate changes and strategies.

   (3)  To conduct hearings at locations that the Chairperson of the Commission or Director of the Governor’s Policy Office shall determine.

§ 5.394. Relationship to other agencies.

 (a)  Executive branch agencies shall cooperate to the fullest extent with the Chairperson of the Pennsylvania Commission on Crime and Delinquency (Commission) and shall provide information needed by the Chairperson in fulfilling his mandate under this subchapter.

 (b)  The Chairperson of the Commission may designate another executive branch agency as the administering agency for all or a portion of the funds awarded to the Governor under the Safe and Drug-Free Schools and Communities Act of 1994 (26 U.S.C.A. § §  7101—7143).

§ 5.395. Rescission.

 Executive Order 1987-13 (Drug Policy Council) and Revisions 1 and 2 are rescinded.

§ 5.396. [Reserved].


Subchapter LL. INTRA-GOVERNMENTAL COUNCIL
ON LONG TERM CARE


Sec.


5.401.    Creation.
5.402.    Purpose.
5.403.    Composition.
5.404.    Cooperation by State agencies.
5.405.    Procedures.
5.406.    Termination.

Source

   The provisions of this Subchapter LL adopted by Executive Order No. 1988-3, dated March 28, 1988, effective March 28, 1988, 18 Pa.B. 1910, unless otherwise noted.

§ 5.401. Creation.

 The Intra-Governmental Council on Long Term Care (Council) is created to perform the functions set forth in this subchapter.

§ 5.402. Purpose.

 The purpose of the Council is to:

   (1)  Assist the Governor in assuring that long term care services are developed and managed in a coordinated manner. The Council is the vehicle through which planning and policymaking for long term care will be conducted.

   (2)  Develop a State plan for long term care that will include background information, examination of options and recommendations for action in the area of long term care that will address:

     (i)   A definition of long term care for use by Commonwealth departments, including a comprehensive list of services which are part of a continuum of care, the settings in which care may be delivered and methodologies to assure that care provided by the Commonwealth-financed system is accessible and appropriate.

     (ii)   An assessment of the need for long term care services in this Commonwealth now and in the foreseeable future, and inventory of resources and services currently employed, and estimate of the costs for services and infrastructure needed to fill gaps.

     (iii)   A review of current responsibilities being carried out by Commonwealth departments, recommended options for eliminating overlaps and gaps, recommendations for improving the effectiveness of management of the long term care system at the State and local level, and proposed mechanisms for assuring ongoing coordination of long term care policy and systems development in this Commonwealth.

   (3)  Insure that a long term care system in this Commonwealth is responsive to those Pennsylvanians who require the services, including special needs populations.

   (4)  Examine and make recommendations on the organizational structure of long term care services at the State and local level.

   (5)  Explore the use of various funding mechanisms to encourage development, renovation and adaptation of housing for the special needs of the long term care population.

   (6)  Expand efforts to educate consumers about long term care insurance.

   (7)  Seek both short and long range solutions to the problem of how to pay for long term care services.

§ 5.403. Composition.

 The Council will be chaired by the Secretary of Aging, staffed by the Department of Aging with the support of staff assigned by each participating department, and will include the Secretary of Community Affairs; Secretary of Health; Secretary of Public Welfare; Insurance Commissioner; members of the public who represent special needs populations; a representative from the Pennsylvania Council on Aging; two members of the House of Representatives and two members of the Senate; and representatives of the provider community, business, labor and consumers. Nongovernmental members will serve until successors have been appointed.

   (1)  The Council members will be recommended by the Secretary of Aging for appointments by the Governor.

   (2)  Members of the Council will not be compensated. Those who are not employes of the Commonwealth, who incur expenses through their service on the Council, will be reimbursed in accordance with established Commonwealth policy.

§ 5.404. Cooperation by State agencies.

 The agencies under the Governor’s jurisdiction shall cooperate fully with the Council and provide assistance and information as needed by the Council to carry out its functions effectively.

§ 5.405. Procedures.

 (a)  The Council will convene for meetings at the call of its Chairperson. A majority of the members constitutes a quorum for the purpose of conducting the business of the Council.

 (b)  The Department of Aging will establish a regular schedule of meetings and maintain an agenda for meetings.

 (c)  Additional procedures that may be needed to implement this subchapter will be issued by the Department of Aging in conjunction with the Departments of Community Affairs, Health, Insurance and Public Welfare.

§ 5.406. Termination.

 The Council will go out of existence and this subchapter will terminate on June 30, 1990.

Subchapter MM. JOB TRAINING MANAGEMENT COMMITTEE


Sec.


5.421.    Establishment and purpose.
5.422.    Membership.
5.423.    Functions.
5.424.    Relationship to other agencies.
5.425.    Staffing and expenses.
5.426.    Termination.

Source

   The provisions of this Subchapter MM adopted by Executive Order No. 1988-7, dated May 9, 1988, effective May 9, 1988, 18 Pa.B. 2514, unless otherwise noted.

§ 5.421. Establishment and purpose.

 The Job Training Management Committee is established to oversee the coordination and development of job training programs.

§ 5.422. Membership.

 The Job Training Management Committee consists of the following:

   (1)  The Executive Director of the Economic Development Partnership, who serves as Chairperson.

   (2)  The Secretary of Education.

   (3)  The Secretary of Labor and Industry.

   (4)  The Secretary of Public Welfare.

   (5)  A State official appointed by the Governor.

§ 5.423. Functions.

 The Job Training Management Committee has the following powers and duties:

   (1)  To set goals and objectives for job training activities, paying particular attention to services for disadvantaged workers.

   (2)  To coordinate job training programs in the State consistent with established objectives emphasizing the importance of matching training services to existing and potential job openings.

   (3)  To have oversight responsibility for implementation of the Job Training Task Force recommendations adopted by the Governor.

   (4)  To establish basic performance measures and a reporting system for job training programs, including secondary vocational education and private career and trade schools.

   (5)  To periodically evaluate the effectiveness of each job training program and make recommendations to the Governor on funding levels and programmatic changes.

§ 5.424. Relationship to other agencies.

 Executive agencies shall cooperate to the fullest extent with the Job Training Management Committee and provide information needed by the Committee in fulfilling its mandate under this subchapter.

§ 5.425. Staffing and expenses.

 Each State agency member shall provide staff services from within their agency as required. The expenses of the Committee shall be met through the operating budgets of the participating agencies, as appropriate, including Federal funds.

§ 5.426. Termination.

 The Job Training Management Committee will go out of existence and this subchapter will terminate on June 30, 1992.

Source

   The provisions of this §  5.426 amended by Executive Order 1988-7, dated June 5, 1990, effective June 5, 1990, 20 Pa.B. 3574. Immediately preceding text appears at serial page (127747).

Subchapter NN. COORDINATION OF FOOD AND
NUTRITION PROGRAMS


Sec.


5.441.    Advisor to the Governor on Food and Nutrition Programs.
5.442.    Establishment and purpose of the Inter-Agency Council on Food and Nutrition.
5.443.    Composition of the Inter-Agency Council on Food and Nutrition.
5.444.    Duties and responsibilities of the Inter-Agency Council on Food and Nutrition.
5.445.    Termination date.

Source

   The provisions of this Subchapter NN adopted by Executive Order No. 1988-4, dated April 7, 1988, effective April 7, 1988, 18 Pa.B. 2512, unless otherwise noted.

§ 5.441. Advisor to the Governor on Food and Nutrition Programs.

 The Advisor to the Governor on Food and Nutrition Programs will:

   (1)  Act as a liaison between the Governor’s Office and the departments on issues pertaining to food and nutrition in this Commonwealth.

   (2)  Coordinate interdepartmental efforts designated to reduce hunger and improve nutrition among the residents of this Commonwealth.

   (3)  Review and evaluate the operations and policies of all State and Federal food and nutrition programs administered by the Commonwealth.

   (4)  Organize private and public sector efforts to improve the Commonwealth’s response to the food and nutrition needs of its citizens.

   (5)  Work with State and Federal officials, as well as with State and local food and nutrition providers, advocates and consumers to increase the effectiveness and accessibility of Federal and State food and nutrition programs to reduce hunger and improve the nutrition of the residents of this Commonwealth.

   (6)  Convene meetings and oversee the activities of the Inter-Agency Council on Food and Nutrition, and present the findings and recommendations of the Inter-Agency Council on Food and Nutrition to the Governor.

§ 5.442. Establishment and purpose of the Inter-Agency Council on Food and Nutrition.

 The Inter-Agency Council on Food and Nutrition is established to:

   (1)  Work cooperatively towards alleviating hunger and related conditions of poverty in this Commonwealth.

   (2)  Develop and implement plans and strategies which will improve the nutritional status of the residents of this Commonwealth.

§ 5.443. Composition of the Inter-Agency Council on Food and Nutrition.

 The Inter-Agency Council on Food and Nutrition will be chaired by the Advisor to the Governor on Food and Nutrition Programs and will be comprised of the Cabinet Secretaries of the Departments of Health, Public Welfare, Education, Agriculture, Aging and Community Affairs.

§ 5.444. Duties and responsibilities of the Inter-Agency Council on Food and Nutrition.

 The duties and responsibilities of the Inter-Agency Council on Food and Nutrition are:

   (1)  To promote coordination, communication and joint planning between government programs and entities in the private sectors providing nutrition and food assistance to the residents of this Commonwealth.

   (2)  To provide a forum for new and innovative efforts directed toward reducing hunger and improving the nutrition of the residents of this Commonwealth. These efforts may include developing new public or private sector initiatives.

   (3)  To work cooperatively on efforts to reach those who are at the highest risk of suffering from hunger, and to expand food and nutrition delivery systems to create better access to food and nutrition services for those in need.

   (4)  To identify gaps in food and nutrition delivery systems through statistical and program analyses, surveys, studies and public hearings.

   (5)  To improve and expand education programs dealing with food and nutrition in this Commonwealth.

   (6)  To develop and implement strategies to expand the use of Pennsylvania agricultural products in public and private food and nutrition delivery systems.

§ 5.445. Termination date.

 This subchapter shall remain in full force and effect until the Inter-Agency Council on Food and Nutrition goes out of existence or this subchapter is rescinded by an Executive Order.

Source

   The provisions of this §  5.445 amended by Executive Order No. 1988-4, Revision No. 1, dated December 27, 1990, effective December 27, 1990, 21 Pa.B. 413. Immediately preceding text appears at serial page (132361).

Subchapter OO. [Reserved]



Source

   The provisions of this Subchapter OO adopted by Executive Order No. 1988-10, dated November 18, 1988, effective November 18, 1988, 18 Pa.B. 5568; reserved by Executive Order No. 2002-12, dated September 25, 2002, 32 Pa.B. 5043. Immediately preceding text appears at serial pages (200979) to (200981). empty

§ § 5.551—5.555. [Reserved].


Subchapter PP. MOTOR CARRIER ADVISORY COMMITTEE


Sec.


5.561.    Creation.
5.562.    Purpose of the Motor Carrier Advisory Committee.
5.563.    Composition.
5.564.    Administration.
5.565.    Termination date.

Source

   The provisions of this Subchapter PP adopted by Executive Order No. 1988-11, dated November 18, 1988, effective November 18, 1988, 18 Pa.B. 5571, unless otherwise noted.

§ 5.561. Creation.

 The Motor Carrier Advisory Committee (Committee) is established to perform the functions set forth in this subchapter.

§ 5.562. Purpose of the Motor Carrier Advisory Committee.

 The Committee is established to provide advice and recommendations to the Governor and the citizens of this Commonwealth on motor carrier issues in order to provide for uniformity, safety and the efficiency of motor carrier transportation, and to further the goals of the Commonwealth.

§ 5.563. Composition.

 The following officials or their designated representatives will serve as members of the Committee:

   (1)  The Secretary of Transportation, who shall serve as Chairperson.

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

   (3)  The Secretary of Revenue.

   (4)  The Commissioner of the State Police.

   (5)  The Secretary of Commerce.

   (6)  The Secretary of Agriculture.

   (7)  The Chairperson of the Pennsylvania Public Utility Commission.

   (8)  Four members shall be appointed from the Pennsylvania General Assembly in the following manner:

     (i)   Two members from the House of Representatives, one from the majority party and one from the minority party, appointed by the Speaker of the House.

     (ii)   Two members from the Senate, one from the majority party and one from the minority party, appointed by the President Pro Tempore.

   (9)  The President of the Pennsylvania Motor Trucking Association.

   (10)  The Chairperson of the Pennsylvania Transportation Advisory Committee.

   (11)  Ten representatives from labor and industry to be appointed by the Governor for 2-year terms, from categories such as:

     (i)   Common commodity carrier.

     (ii)   Private carrier.

     (iii)   Rental carrier.

     (iv)   Heavy hauling.

     (v)   Owner-operator.

     (vi)   Logging.

     (vii)   Bulk hauler.

§ 5.564. Administration.

 (a)  The Committee shall meet at least twice each year. Additional meetings shall be at the discretion of the Chairperson.

 (b)  Bylaws of the Committee shall be drafted by the membership.

 (c)  An annual report of the Committee’s previous years’ activities shall be prepared for the Governor.

§ 5.565. Termination date.

 The duties and responsibilities of the Committee will be reviewed and if not reconstituted, will expire on December 31, 2000.

Source

   The provisions of this §  5.565 amended by Executive Order No. 1988-1, dated January 18, 1992, effective January 18, 1992, 22 Pa.B. 265; amended by Executive Order No. 1988-11, dated December 9, 1994, 24 Pa.B. 6553; amended by Executive Order No. 1988-11, revision no. 3, dated September 15, 1997, 27 Pa.B. 5400. Immediately preceding text appears at serial page (200983).

Subchapter QQ. GOVERNOR’S ADVISORY COUNCIL
FOR YOUNG CHILDREN


Sec.


5.571.    Creation.
5.572.    Purpose.
5.573.    Composition.
5.574.    Compensation.
5.575.    Cooperation by State agencies.
5.576.    Reports.
5.577.    Effective date.
5.578.    Termination.

Source

   The provisions of this Subchapter QQ adopted by Executive Order No. 19897, dated September 29, 1989, effective October 1, 1989, 19 Pa.B. 4704, unless otherwise noted.

§ 5.571. Creation.

 The Governor’s Advisory Council for Young Children (Council) is established to perform the functions set forth in this subchapter.

§ 5.572. Purpose.

 The Council is established to:

   (1)  Recommend policies that would improve the conditions in which families and other institutions nurture and develop children.

   (2)  Improve the climate for collaboration and coordination between families and institutions that provide services to children.

   (3)  Stimulate public and private partnerships supportive of the development of young children.

   (4)  Explore the opportunities for improving conditions for children of this Commonwealth presented by new policies at the Federal level and by emphasis being given to young children by private foundations.

§ 5.573. Composition.

 The Council will be chaired by the Governor and supported by a staff from the Governor’s Office and other State agencies.

   (1)  The Council will include representatives of cabinet agencies, and members of the public who represent parents, advocacy groups, academia, local government, education, unions, service providers and community and business leaders. The Council will be a working body to review and recommend comprehensive policy.

   (2)  The Council members will be recommended by the Adviser to the Governor on Child Care Policy for appointment by the Governor.

§ 5.574. Compensation.

 Members of the Council will receive no compensation for their services. However, those who are not employes of the Commonwealth, who incur expenses through their services on the Council, will be reimbursed in accordance with established Commonwealth policy.

§ 5.575. Cooperation by State agencies.

 Agencies under the Governor’s jurisdiction shall cooperate fully with the Council and provide staff assistance and information as needed by the Council to carry out its functions effectively.

§ 5.576. Reports.

 The Council will compile, publish and submit a comprehensive report on the ‘‘status of young children’’ in this Commonwealth to the Executive Branch and the General Assembly.

§ 5.577. Effective date.

 This subchapter is effective October 1, 1989.

§ 5.578. Termination.

 The Governor’s Advisory Council for Young Children will go out of existence and this subchapter will terminate on December 31, 1990, unless otherwise renewed.

Subchapter RR. [Reserved]



Source

   The provisions of this Subchapter RR adopted by Executive Order 1990-2, dated April 1, 1990, effective April 1, 1990, 20 Pa.B. 3643, unless otherwise noted.

   (Editor’s Note: Subchapter RR was terminated June 30, 1995.) empty

§ § 5.591—5.594. [Reserved].

empty

§ 5.595. [Reserved].


Source

   The provisions of this §  5.595 amended by Executive Order 1990-2, dated June 5, 1990, effective June 5, 1990, 20 Pa.B. 3574; amended by Executive Order 1990-2, dated June 1, 1992, effective June 1, 1992, 22 Pa.B. 3307. Immediately preceding text appears at serial page (153403).

Subchapter SS. GOVERNOR’S ADVISORY COMMITTEE ON THE
UNITED STATES MARITIME CENTER IN ERIE


Sec.


5.601.    Establishment.
5.602.    Purpose.
5.603.    Composition.
5.604.    Compensation.
5.605.    Termination.

Source

   The provisions of this Subchapter SS adopted by Executive Order No. 1990-5, dated August 17, 1990, effective June 5, 1990, 20 Pa.B. 4950, unless otherwise noted.

§ 5.601. Establishment.

 The Governor’s Advisory Committee (Committee) on the United States Brig Niagara is established to perform the functions set forth in this subchapter.

§ 5.602. Purpose.

 The Committee is established to:

   (1)  Represent the view of the Erie community with respect to the Master Planning for the development of facilities and programs which support the United States Brig Niagara on the former Grain Elevator site on the Erie waterfront.

   (2)  Advise the Historical and Museum Commission on issues relevant to development of the United States Brig Niagara Maritime Center and its role in revitalization of the Erie waterfront.

   (3)  Make recommendations to the Governor or a designee with respect to the Master Plan and resources required to ensure successful completion of proposed development in support of the United States Brig Niagara Maritime Center.

§ 5.603. Composition.

 The Committee shall consist of 12 members.

§ 5.604. Compensation.

 The members of the Committee shall serve without compensation other than reimbursement for expenses in accordance with established Commonwealth policy.

§ 5.605. Termination.

 The Committee shall go out of existence and this subchapter shall terminate on December 31, 1992, unless extended by further order.

Subchapter TT. GOVERNOR’S RURAL COORDINATING
COUNCIL


Sec.


5.621.    Establishment.
5.622.    Purpose of the Council.
5.623.    Composition of the Council.
5.624.    Termination.

Source

   The provisions of this Chapter 5 adopted by Executive Order No. 1990-6, dated September 13, 1990, effective September 13, 1990, 20 Pa.B. 5040, unless otherwise noted.

§ 5.621. Establishment.

 The Governor’s Rural Coordinating Council (Council) is established to perform the functions set forth in this subchapter.

§ 5.622. Purpose of the Council.

 The Council is established to:

   (1)  Coordinate economic, community and human development programs and policies of the Commonwealth serving and affecting rural citizens and communities.

   (2)  Collaborate with private and public sectors, including Federal, state and local governments, in developing rural economic, community and human development initiatives.

   (3)  Recommend policies for State or local adoption that would assist in the preservation or enhancement of the quality of life for rural citizens and communities.

   (4)  Explore the opportunities for improving conditions in rural Pennsylvania presented by new Federal policies and private foundation philanthropic interest in rural revitalization.

§ 5.623. Composition of the Council.

 The Council shall be chaired by the Governor’s Advisor on Rural Affairs and supported by the Governor’s Rural Policy Development Team and other State agencies. The Council shall include the secretary or secretary’s designee of appropriate cabinet agencies.

§ 5.624. Termination.

 The Governor’s Rural Coordinating Council shall go out of existence and this subchapter shall terminate on December 31, 1992, unless otherwise reconstituted.

Subchapter UU. INTERAGENCY RIVER ISLAND TASK FORCE


Sec.


5.631.    Administration.
5.632.    Inventory.
5.633.    State park and forest lands.
5.634.    Transfer of jurisdiction.
5.635.    Legal action.
5.636.    Prior patents.

Source

   The provisions of this Subchapter UU adopted by Executive Order No. 1990-7 effective November 3, 1990, 20 Pa.B. 5524; amended by Executive Order No. 1990-7 Revision 1, dated December 20, 1996, 27 Pa.B. 921, unless otherwise noted. Immediately preceding text appears at serial pages (200988) to (200989).

§ 5.631. Administration.

 The Department of Conservation and Natural Resources shall be responsible for the administration of the unappropriated or unpatented islands in the navigable rivers and in streams declared by law to be public highways, except as that responsibility may be delegated as set forth in this subchapter.

§ 5.632. Inventory.

 The Department of Conservation and Natural Resources, in conjunction with the Game Commission and the Fish and Boat Commission, shall undertake an inventory of unpatented islands in the navigable rivers and in streams declared by law to be public highways.

§ 5.633. State park and forest lands.

 The Department of Conservation and Natural Resources may, in accordance with law, manage and control islands under its jurisdiction as Pennsylvania’s State park or State forest lands for one or more of the purposes for which the lands are held, or in connection with the administration of the Pennsylvania Scenic Rivers System or the construction or maintenance of dams or projects for flood control or water conservation, or for other lawful purposes consistent with the public trust responsibilities imposed by PA. CONST. Art. I, §  27.

§ 5.634. Transfer of jurisdiction.

 The Department of Conservation and Natural Resources, in the interest of efficiency of administration and in accordance with section 501 of The Administrative Code of 1929 (71 P. S. §  181), may transfer administrative jurisdiction and control over any island to the Game Commission, the Fish and Boat Commission or another Commonwealth agency having land management authority, to be managed by that agency in a manner consistent with its statutory mission and with the Commonwealth’s public trust responsibilities.

§ 5.635. Legal action.

 The Department of Conservation and Natural Resources, or another agency to which administrative jurisdiction and control has been transferred under this subchapter, may take action authorized by law, including appropriate legal action, to protect the unpatented islands, prevent their unauthorized use, or otherwise implement the terms of this subchapter.

§ 5.636. Prior patents.

 This subchapter does not affect the use or administration of islands which previously passed into private ownership by virtue of valid patents, and which may now be privately or publicly owned.

Subchapter VV. [Reserved]


empty

§ § 5.641—5.649. [Reserved].


Source

   The provisions of these § §  5.641—5.649 adopted by Executive Order No. 1991-1, dated January 2, 1991, effective January 2, 1991, 21 Pa.B. 348; reserved by Executive Order No. 1995-6 dated September 14, 1995, 25 Pa.B. 4515. Immediately preceding text appears at serial pages (155602), (172707) to (172708).

Subchapter WW. ENVIRONMENTAL
TRAINING PARTNERSHIP


Sec.


5.651.    Purpose.
5.652.    Membership.
5.653.    Powers and duties.
5.654.    Environmental concerns.
5.655.    Relationship to other agencies.
5.656.    Staffing and expenses.
5.657.    Effective date.

Source

   The provisions of this Subchapter WW adopted by Executive Order No. 1991-5, dated April 22, 1991, effective July 1, 1991, 21 Pa.B. 2549, unless otherwise noted.

§ 5.651. Purpose.

 The Environmental Training Partnership (Partnership) is established to oversee the coordination and development of training and technical assistance programs for municipalities, authorities and other entities involved in environmental protection and resource conservation.

§ 5.652. Membership.

 (a)  The Partnership shall be overseen by a Committee which shall consist of the following officials or their designated representatives:

   (1)  The Secretary of the Department of Community Affairs, who shall serve as Chairperson.

   (2)  The Secretary of the Department of Environmental Protection.

   (3)  The Executive Director of the Pennsylvania Infrastructure Investment Authority (PENNVEST).

 (b)  This Committee shall have the authority to create subcommittees, as necessary, to plan and coordinate the various training and technical assistance programs for local governments of the departments and PENNVEST. These subcommittees will consist of representatives of the Departments of Community Affairs and Environmental Protection, PENNVEST, and other organizations, and professional associations concerned with environmental training, as deemed necessary by the Partnership.

§ 5.653. Powers and duties.

 The Partnership shall have the following powers and duties:

   (1)  To set goals and objectives for training and technical assistance activities for municipalities, authorities and other entities involved in environmental protection and resource conservation.

   (2)  To plan and coordinate training and technical assistance activities for municipalities, authorities and other entities involved in environmental protection and resource conservation.

   (3)  To evaluate environmental planning, training and technical assistance activities for municipalities, authorities and other entities involved in environmental protection and resource conservation.

   (4)  To plan, develop, coordinate and evaluate other management and planning assistance programs and activities for municipalities, authorities and other entities involved in environmental protection and resource conservation.

§ 5.654. Environmental concerns.

 The Partnership shall initiate, continue and coordinate training efforts in the following areas:

   (1)  Solid waste management, including planning, disposal, recycling and inspection of facilities.

   (2)  Wastewater and sewage treatment.

   (3)  Onlot sewage treatment.

   (4)  Public drinking water supplies.

   (5)  Wetlands protection.

   (6)  Management of other natural resources.

   (7)  Flood control and storm water runoff control.

   (8)  Alternative sewage treatment.

   (9)  Private, onlot water supplies.

   (10)  Other areas as agreed to by the Partnership.

§ 5.655. Relationship to other agencies.

 Executive agencies shall cooperate with the Partnership and shall provide information needed by the Partnership in fulfilling its mandate under this subchapter.

§ 5.656. Staffing and expenses.

 Each State agency member shall provide staff services from within its agency as required. Expenses of the Partnership shall be met through the operating budgets of the participating agencies, as appropriate, including Federal funds and trainee fees. Supplemental funding from governmental and nongovernmental organizations may be accepted by the Partnership.

§ 5.657. Effective date.

 This subchapter shall take effect July 1, 1991.

Subchapter XX. [Reserved]



Source

   The provisions of this Subchapter XX adopted by Executive Order No. 1992-2, dated January 8, 1992, 22 Pa.B. 570, unless otherwise noted.

   (Editor’s Note: Subchapter XX was terminated January 31, 1995.) empty

§ § 5.671—5.676. [Reserved].


Subchapter YY. GOVERNOR’S ADVISORY COMMISSION ON
AFRICAN AMERICAN AFFAIRS


Sec.


5.701.    Functions.
5.702.    Composition of the Governor’s Advisory Commission on African-American Affairs.
5.703.    Terms of membership.
5.704.    Compensation.
5.705.    Relationship with other agencies.
5.706.    Reports.
5.707.    Procedures.
5.708.    Rescission.

Source

   The provisions of this Subchapter YY adopted by Executive Order No. 1991-7, dated October 28, 1991, 22 Pa.B. 944; amended by Executive Order No. 1996-3, dated April 19, 1996, 26 Pa.B. 2288; amended by Executive Order No. 2003-7, dated June 22, 2003, 33 Pa.B. 3478, unless otherwise noted. Immediately preceding text appears at serial pages (256225) to (256226) and (214187) to (214188).

§ 5.701. Functions.

 The functions of the Governor’s Advisory Commission on African-American Affairs is to:

   (1)  Advise the Governor on policies, procedures, legislation and regula-tions that affect the African-American community and that will enable the Commonwealth to be responsive to the needs of the African-American community.

   (2)  Develop, review and recommend to the Governor policies in the areas of health and human services, housing, education, employment, business formation and development, public accommodations, and in contracting practices and procedures.

   (3)  Provide appropriate assistance and advice to the Pennsylvania Minority Business Development Authority, as may be necessary, to assist the authority in its statutory duties and functions as the principal State agency for the promotion and encouragement of minority economic development within this Commonwealth.

   (4)  Serve as a liaison to Federal, State and local agencies to ensure that programs affecting African-Americans are effectively utilized and that benefits accrue equitably to members of the African-American community.

   (5)  Work with the Governor’s Office and the African-American community to promote legislation that ensures the equitable treatment of all citizens of this Commonwealth.

   (6)  Serve as a resource for community groups on African-American issues, programs, sources of funding and compliance requirements within State government for the benefit and advancement of African-Americans.

   (7)  Assist local African-American community groups in developing strategies and programs that will expand and enhance the social, cultural and economic status of the African-American community.

   (8)  Work with the Bureau of Equal Employment Opportunity to strengthen the enforcement of the Commonwealth’s antidiscriminatory hiring, retention and promotion policies.

   (9)  Promote the cultural arts in their various forms within the African-American community through coordinated efforts and advocacy.

§ 5.702.  Composition of the Governor’s Advisory Commission on African-American Affairs.

 (a)  The Commission consists of 15 members to be appointed by the Governor who are representatives of the Commonwealth’s African-American community.

 (b)  The Governor will designate one Commission member to serve as chairperson and one to serve as vice-chairperson of the Commission. The chairperson and vice-chairperson serve at the pleasure of the Governor.

 (c)  The Governor will appoint an Executive Director and a Deputy Executive Director of the Commission who will serve at the Governor’s pleasure.

§ 5.703. Terms of membership.

 (a)  Members are appointed for a term of 2 years. The members shall serve at the pleasure of the Governor.

 (b)  If a vacancy occurs on the Commission due to resignation, disability or death of a member, a successor may be appointed by the Governor to serve the duration of the unexpired term. A successor so appointed may thereafter be reappointed.

§ 5.704. Compensation.

 Members of the Commission receive no compensation for their service, except that members may be reimbursed for actual travel and related expenses in accordance with Commonwealth policy.

§ 5.705. Relationship with other agencies.

 To implement the purpose of this subchapter, the Commission may request and receive from any department, division, board, bureau, commission, or other agency of the Commonwealth or political subdivision thereof or public authority, the cooperation, assistance, information and data needed by the Commission to properly carry out its powers and duties.

§ 5.706. Reports.

 The Commission shall submit reports, as it deems necessary, on issues affecting African-Americans in this Commonwealth.

§ 5.707. Procedures.

 (a)  The Commission is authorized to establish subcommittees and rules and procedures for the effective implementation of its functions consistent with this subchapter.

 (b)  The Commission may hold public hearings to evaluate the effectiveness of Commonwealth services and programs to the African-American community.

§ 5.708. Rescission.

 Executive Order 1996-3 is rescinded.

Subchapter ZZ. [Reserved]


empty

§ § 5.721—5.728. [Reserved].


Source

   The provisions of these § §  5.721—5.728 adopted by Executive Order No. 1992-4, dated September 10, 1992, 22 Pa.B. 4770; reserved by Executive Order No. 1995-6, dated September 14, 1995, 25 Pa.B. 4515. Immediately preceding text appears at serial pages (172709) to (172710) and (185301).

Subchapter AAA. PENNSYLVANIA COMMISSION ON
CORRECTIONS PLANNING


Sec.


5.741.    Purpose of the Pennsylvania Commission on Corrections Planning (Commission).
5.742.    Membership.
5.743.    Powers and duties.
5.744.    Relationship to other agencies.
5.745.    Expenses.
5.746.    Report to Governor and General Assembly.
5.747.    Termination date.

Source

   The provisions of this Subchapter AAA, adopted by Executive Order No. 1992-5, dated October 29, 1992, 23 Pa.B. 925, unless otherwise noted.

§ 5.741. Purpose of the Pennsylvania Commission on Corrections Planning (Commission).

 The Commission is established to examine issues relating to the delivery of corrections services within a system of cost containment.

§ 5.742. Membership.

 (a)  The Commission will consist of eleven members appointed by the Governor. Membership will represent various segments of the public, including minority representation and representation from the various regions of this Commonwealth. The Commission membership will include at least one representative from each of the following:

   (1)  Institutions of higher education.

   (2)  Large Pennsylvania based corporations.

   (3)  The small business community.

   (4)  The financial services industry.

   (5)  Organized labor.

 (b)  Members may not be employes of the Commonwealth or other political subdivisions. The Governor will designate one of the members as Chairperson. The Governor will request the Majority and Minority Chairpersons of the House and Senate Appropriations Committees and the Majority and Minority Chairpersons of the House and Senate Judiciary Committees to each recommend one citizen for appointment to the Commission.

§ 5.743. Powers and duties.

 The Commission will:

   (1)  Actively seek information and recommendations from the National, State and local criminal justice experts and agencies, victim services providers, advocates, local government and the public at large.

   (2)  Study financial costs related to the corrections system, including the following:

     (i)   Direct and indirect operational costs.

     (ii)   Construction and financing costs.

     (iii)   Costs related to treatment of offenders in prison and in alternate programs.

     (iv)   Costs to victims of violence and of property crimes.

§ 5.744. Relationship to other agencies.

 Staff support shall be provided by the Department of Corrections. Commonwealth agencies shall cooperate to the fullest extent with the Commission in fulfilling its mandate under this subchapter.

§ 5.745. Expenses.

 Members of the Commission will not be compensated for their services but will be entitled to reimbursement for expenses necessarily incurred in accordance with Commonwealth expense reimbursement policy.

§ 5.746. Report to Governor and General Assembly.

 The Commission will submit a report to the Governor and General Assembly containing its recommendations on changes in policy legislation and budgetary requirements which will promote cost-effective correctional policy.

§ 5.747. Termination date.

 The Commission will communicate its findings and recommendations to the Governor on or before December 1, 1993, and this subchapter will terminate on that date.

Source

   The provisions of this §  5.747 amended by Executive Order 1992-5, dated July 20, 1993, 23 Pa.B. 4058; amended by Executive Order No. 1992-5, dated November 2, 1993, 23 Pa.B. 5524. Immediately preceding text appears at serial page (182190).

Subchapter BBB. GOVERNOR’S TASK FORCE TO
REDUCE WELFARE DEPENDENCY


Sec.


5.761.    Purpose of the Task Force.
5.762.    Membership.
5.763.    Staffing.
5.764.    Expenses.
5.765.    Cooperation by State agencies.
5.766.    Termination date.

Source

   The provisions of this Subchapter BBB adopted by Executive Order No. 1992-6, dated November 12, 1992, 23 Pa.B. 922, unless otherwise noted.

§ 5.761. Purpose of the Task Force.

 The Task Force shall do the following:

   (1)  Evaluate and recommend criteria on proposed changes in the welfare system based on their impact on clients, families and budget consequences.

   (2)  Identify and study the obstacles and disincentives which may prevent welfare recipients from becoming self-sufficient, productive members of society. Issues to be addressed shall include child support, support services such as child care, education and training, health care and transportation for welfare recipients.

   (3)  Identify the specific incentives that could be strengthened to foster the transition from welfare to work and the preservation of families.

   (4)  Identify ways to efficiently provide appropriate services for individuals who must remain dependent on public assistance.

   (5)  Prepare an interim report outlining initiatives that can be implemented in a year, within existing fiscal constraints. This report shall be submitted to the Governor and the General Assembly on March 1, 1993.

   (6)  Develop a final report containing recommendations for restructuring the welfare system over the next 5 years to increase self-sufficiency and independence from welfare. This report shall be submitted to the Governor and the General Assembly on June 30, 1993.

§ 5.762. Membership.

 The Task Force shall consist of 21 members appointed by the Governor. The membership shall be comprised of appointees representing appropriate State agencies, the General Assembly, the business community, the client community, public human service policy experts from institutions of higher education and the general public. The Governor will appoint the chairperson for the Task Force.

§ 5.763. Staffing.

 The Department of Public Welfare shall provide professional staff services necessary to accomplish the work of the Task Force.

§ 5.764. Expenses.

 Members of the Task Force shall serve without salary or compensation but may be reimbursed for necessary expenses incurred in accordance with Chapter 40 (relating to travel and subsistence).

§ 5.765. Cooperation by State agencies.

 Commonwealth agencies are directed to cooperate with and assist the Task Force in fulfilling its duties and responsibilities. Facilities, personnel assistance, information and services necessary to fulfill the mission of the Task Force shall be furnished by the Department of Public Welfare, which shall serve as the fiscal and administrative support agency of the Task Force.

§ 5.766. Termination date.

 This subchapter shall terminate on June 30, 1993, unless reestablished or sooner rescinded.

Subchapter CCC. STATE COMMISSION ON NATIONAL
AND COMMUNITY SERVICE


Sec.


5.771.    Definitions.
5.772.    Implementation of Commission.
5.773.    Application for approval.
5.774.    State Commission.
5.775.    Activities of Board.
5.776.    Host agency.
5.777.    Assistance to Commission.
5.778.    Effective date.

Source

   The provisions of this Subchapter CCC adopted by Executive Order No. 1994-1, dated January 28, 1994, 24 Pa.B. 1174, unless otherwise noted.

§ 5.771. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

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

   Board—The Community Service Advisory Board.

   Commission—The State Commission approved by the Corporation.

   Corporation—The Corporation for National and Community Service.

   PennServe—The Governor’s Office of Citizen Service.

§ 5.772. Implementation of Commission.

 The Commonwealth will inform the Corporation of the Commonwealth’s intent to implement and operate a State Commission in compliance with the act in order for the Commonwealth to participate in National service initiatives.

§ 5.773. Application for approval.

 The Commonwealth will apply to the Corporation for approval that the Board, authorized under Article XXII-B of the Administrative Code of 1929 (71 P. S. § §  582-1—582-7), be an ‘‘alternative administrative entity,’’ as authorized by the act to apply for National service program funds and approve National service positions.

§ 5.774. State Commission.

 Once approved by the Corporation, the Board shall act as the State Commission and as such shall carry out the duties required by the act.

§ 5.775. Activities of Board.

 The Board, as the Commission, is authorized to accept Federal grants under the act and other funds and in-kind services from other State and Federal entities as authorized by applicable State and Federal laws.

§ 5.776. Host agency.

 PennServe will be the host agency for the Commission and will be delegated the nonpolicymaking duties of the Commission allowed by the Federal regulations published by the Corporation.

§ 5.777. Assistance to Commission.

 PennServe will provide necessary administrative and staff support services to the Commission.

§ 5.778. Effective date.

 This subchapter shall take effect January 28, 1994.

Subchapter DDD. GOVERNOR’S COMMITTEE ON
EDUCATION STANDARDS AND ASSESSMENT


Sec.


5.791.    Purpose of the Governor’s Committee on Education Standards and Assessment (Committee).
5.792.    Membership.
5.793.    Deputy Chief of Staff for Programs.
5.794.    Staffing.
5.795.    Pennsylvania 2000 Standards and Assessment Committee.
5.796.    Student academic standards.
5.797.    School assessment and accountability.
5.798.    Reports.
5.799.    Effective date.

Source

   The provisions of this Subchapter DDD adopted by Executive Order 1994-4, dated May 18, 1994, 24 Pa.B. 2878, unless otherwise noted.

§ 5.791. Purpose of the Governor’s Committee on Education Standards and Assessment (Committee).

 The Committee will do the following:

   (1)  Coordinate the work of the Department of Education the State Board of Education and Pennsylvania 2000.

   (2)  Oversee the administration of this subchapter, including the development of State and local student performance standards and the integration of State and local assessment and accountability systems.

§ 5.792. Membership.

 The Committee will be comprised of the following:

   (1)  The Governor’s Deputy Chief of Staff for Programs who will serve as Chairperson.

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

   (3)  The Secretary of the Department of Education.

   (4)  The Chairperson of the State Board of Education.

   (5)  The Chairperson of Pennsylvania 2000.

§ 5.793. Deputy Chief of Staff for Programs.

 The Deputy Chief of Staff for Programs, Chairperson, will devote one-half of his time to this project from May 1, 1994, until completion.

§ 5.794. Staffing.

 The Governor’s Policy Office and the Department of Education shall provide staff assistance to the Committee.

§ 5.795. Pennsylvania 2000 Standards and Assessment Committee.

 The Pennsylvania 2000 Standards and Assessment Committee will serve as an advisory committee to the Governor’s Committee. The Governor’s Committee will also consult with the Professional Standards and Practices Commission as the work proceeds.

§ 5.796. Student academic standards.

 (a)  By July 1, 1994, the Committee will prepare a work plan describing the specific tasks and timelines for developing academic standards.

 (b)  The new academic standards shall describe:

   (1)  What specific content and performance standards students must know and demonstrate at key transition points in school.

   (2)  Reliable testing methods which determine whether students of this Commonwealth are meeting these standards.

 (c)  The Committee will work with the New Standards Project at the University of Pittsburgh, the National Educational Standards and Improvement Council, the Pennsylvania 2000, as well as State and Nationally recognized experts on the development of academic performance standards. An expanded Pennsylvania 2000 Board will serve as the State Improvement Panel to comply with the Goals 2000 legislation.

 (d)  The Committee shall brief appropriate legislative committees and the State Board of Education at its July 14, 1994, meeting.

 (e)  The work plan will provide for involvement of local parents, educators and business and community groups and will detail specific community outreach to take place between August 1 and October 15, 1994.

§ 5.797. School assessment and accountability.

 (a)  By September 1, 1994, the Committee will prepare for review by the State Board of Education a comprehensive academic assessment plan for this Commonwealth’s public schools, which will measure student, teacher, school and school district performance in academic subjects.

 (b)  The proposed academic assessment plan shall describe State assessments for all students in specific grades each year.

 (c)  The assessment plan shall include a work plan for the yearly release of a report to the parents, students, taxpayers and school officials of this Commonwealth which details the progress students of this Commonwealth and schools are making toward an educational system that is second to none.

 (d)  The assessment plan will reflect participation in New Standards Project Reference Examinations and the piloting of portfolio assessments which will begin in the fall of 1994.

§ 5.798. Reports.

 (a)  The Committee will prepare a report to the Governor on the first of every month beginning on July 1, 1994, on the progress made on executing the directives in this subchapter.

 (b)  The Committee will submit a full, written report on the work completed under this subchapter to the Governor by November 1, 1994.

§ 5.799. Effective date.

 This subchapter is effective May 18, 1994.

Subchapter EEE. GOVERNOR’S COMMUNITY PARTNERSHIP FOR SAFE CHILDREN


Sec.


5.811.    Purpose.
5.812.    Responsibilities.
5.813.    Composition of the Children’s Partnership.
5.814.    Terms of membership.
5.815.    Compensation.
5.816.    Rescission.

Source

   The provisions of this Subchapter EEE adopted by Executive Order No. 1995-6, dated September 14, 1995, 25 Pa.B. 4515, unless otherwise noted.

§ 5.811. Purpose.

 The purpose of the Children’s Partnership is to assist local communities in establishing effective programs and services to reduce violence by and against children and youth and to develop recommendations for policy development, resource allocation and coordination of local, State and Federal efforts.

§ 5.812. Responsibilities.

 The Children’s Partnership, through its broad representation of local, State and community leaders, assists communities in mobilizing and empowering themselves to combat violence by:

   (1)  Developing violence prevention plans.

   (2)  Encouraging State and local collaboration.

   (3)  Providing technical assistance.

   (4)  Recommending more effective administrative structures for policy implementation at the State level.

   (5)  Identifying existing public and private funding sources.

   (6)  Educating the public regarding violence risk factors and violence prevention strategies.

§ 5.813. Composition of the Children’s Partnership.

 The Children’s Partnership consists of the following members, all of whom are appointed by and serve at the pleasure of the Governor:

   (1)  The First Lady of Pennsylvania, who shall serve as Chairperson.

   (2)  The following Commonwealth officials:

     (i)   The Secretary of the Budget.

     (ii)   The Secretary of Education.

     (iii)   The Secretary of Health.

     (iv)   The Secretary of Public Welfare.

     (v)   The General Counsel of the Commonwealth.

     (vi)   The Commissioner of the Pennsylvania State Police.

     (vii)   The Governor’s Deputy Chief of Staff for Governmental Affairs and Liaison to the Cabinet.

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

     (ix)   The Chairperson of the Pennsylvania Commission on Crime and Delinquency.

     (x)   The Chairperson of the Juvenile Court Judges’ Commission.

   (3)  The following individuals:

     (i)   One representative of the Pennsylvania Coalition Against Domestic Violence.

     (ii)   One district attorney.

     (iii)   One chief juvenile probation officer.

     (iv)   One Pennsylvania county commissioner.

     (v)   One representative of the educational community.

     (vi)   One local police chief.

     (vii)   One local official from an urban/suburban Pennsylvania community.

     (viii)   One local official from a rural Pennsylvania community.

     (ix)   Two representatives of the business community.

     (x)   Two representatives of private nonprofit groups or foundations.

     (xi)   Two members of existing local community violence prevention teams.

     (xii)   Five members of the public at large.

   (4)  Other individuals as the Governor may from time to time appoint to assist in the resolution of particular issues before the Children’s Partnership.

§ 5.814. Terms of membership.

 Members are appointed for terms of 1 year and continue to serve thereafter until their successors have been appointed. If a vacancy occurs during a member’s term, the Governor will appoint a successor.

§ 5.815. Compensation.

 Members of the Children’s Partnership receive no compensation for their services. However, members who are not employes of the Commonwealth are reimbursed for expenses incurred in serving the Children’s Partnership in accordance with established Commonwealth policy.

§ 5.816. Rescission.

 Executive Orders 1991-1 and 1992-4 are rescinded.

Subchapter FFF. [Reserved]



Source

   The provisions of this Subchapter FFF adopted by Executive Order No. 1995-9, dated October 11, 1995, 25 Pa.B. 4606; amended by Executive Order No. 2001-5, dated September 17, 2001, 31 Pa.B. 6148; reserved by Executive Order No. 2003-13, dated September 22, 2003, 34 Pa.B. 366. Immediately preceding text appears at serial pages (284927) to (284930). empty

§ § 5.821—5.829. [Reserved].


Subchapter GGG. GOVERNOR’S ADVISORY COMMISSION ON
PUBLIC SCHOOL FINANCE


Sec.


5.841.    Purpose.
5.842.    Composition.
5.843.    Staff.
5.844.    Compensation.
5.845.    Termination.

Source

   The provisions of this Subchapter GGG adopted by Executive Order No. 1995-8, dated October 11, 1995, 25 Pa.B. 4603, unless otherwise noted.

§ 5.841. Purpose.

 The purpose of the Commission is to:

   (1)  Investigate the attributes, benefits, problems and deficiencies in the current system of public school finance.

   (2)  Consider the views, ideas and proposals of appropriate persons, communities, organizations and other entities, including members of the General Assembly.

   (3)  Devise, examine and study ways and means to improve the system of public school finance in this Commonwealth.

   (4)  Issue a report to the Governor containing its findings and recommendations by May 1996.

§ 5.842. Composition.

 The Commission shall be composed of nine persons to be appointed or designated as follows:

   (1)  The following persons serve as ex officio members of the Commission:

     (i)   The Secretary of Education or a designee who serves as the Chairperson of the Commission.

     (ii)   The Secretary of the Budget or a designee.

     (iii)   The General Counsel or a designee.

     (iv)   The Director of the Governor’s Policy Office or a designee.

   (2)  The other five members of the Commission will be appointed by the Governor to serve at his pleasure. In making the appointments, the Governor will give consideration to candidates recommended by the Pennsylvania School Boards Association (PSBA), the Pennsylvania Association of Rural and Small Schools (PARSS) and other interested persons, groups or organizations which might make recommendations to the Governor.

§ 5.843. Staff.

 The Department of Education shall provide personnel, equipment and resources as required for the functioning of the Commission.

§ 5.844. Compensation.

 The members of the Commission who are not ex officio members or their designees do not receive compensation for their services but are reimbursed for expenses necessarily incurred in the performance of their duties.

§ 5.845. Termination.

 The Commission will terminate at determination of the Governor.

Subchapter HHH. GOVERNOR’S EXECUTIVE COUNCIL ON
RECYCLING DEVELOPMENT AND WASTE REDUCTION


Sec.


5.861.    Composition of the Council.
5.862.    Purpose of the Council.
5.863.    Funding for the Activities of the Council.
5.864.    Cooperation by State Agencies.
5.865.    Termination date.

Source

   The provisions of this Subchapter HHH adopted by Executive Order No. 1995-7, dated October 11, 1995, 25 Pa.B. 4604, unless otherwise noted.

§ 5.861. Composition of the Council.

 The Lieutenant Governor will serve as the chairperson of the Governor’s Executive Council on Recycling Development and Waste Reduction (Council). The members of the Council include the Secretaries of the Departments of Agriculture, Commerce, Community Affairs, Education, Environmental Protection, General Services and Transportation. Each agency will designate appropriate staff to assist the Council in the conduct of its activities.

§ 5.862. Purpose of the Council.

 The Governor’s Executive Council on Recycling Development and Waste Reduction (Council) will undertake the following tasks:

   (1)  Identify barriers, in cooperation with public and private sector groups, to enhance recycling development and waste reduction opportunities and develop initiatives to overcome these barriers so that the Commonwealth’s recycling and waste reduction goals can be achieved.

   (2)  Identify and implement public and private sector initiatives that will enhance or attract recycling business development in this Commonwealth.

   (3)  Identify existing and potential ‘‘green technologies’’ that can be introduced or developed to increase the competitiveness of the recycling industry to improve the Commonwealth’s ability to collect, transport, process and utilize recyclable materials, and reduce waste generation.

   (4)  Identify and implement educational and technical assistance initiatives, research and projects to address recycling and waste reduction problems and promote effective recycling and waste reduction initiatives in this Commonwealth.

   (5)  Develop and implement activities to increase the Commonwealth’s procurement of recycled and recyclable products and the ability of educational institutions, local governments and other entities eligible under the Commonwealth’s Cooperative Purchasing Program to benefit from the Commonwealth’s purchasing power.

   (6)  Develop and initiate specific initiatives to encourage waste reduction practices in all Commonwealth agencies, educational institutions, local governments and the private sector.

   (7)  Identify and implement programs, in cooperation with the public and private sectors, to assist Pennsylvania industries to reduce waste and to utilize recycled materials as feedstocks in the manufacturing process.

   (8)  Develop and adopt rules of procedure as necessary to carry out the mission of the Council consistent with this subchapter.

§ 5.863. Funding for the Activities of the Council.

 The Department of Environmental Protection, as the administrator of the Act 101 Recycling Fund, shall cooperate with the Office of the Lieutenant Governor in establishing an annual budget to carry out the activities of the Governor’s Council on Recycling Development and Waste Reduction.

§ 5.864. Cooperation by State Agencies.

 Commonwealth agencies under the Governor’s jurisdiction are directed to cooperate with and assist the Governor’s Executive Council on Recycling Development and Waste Reduction in fulfilling its duties and responsibilities.

§ 5.865. Termination date.

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

Subchapter III. GOVERNOR’S SPORTS AND EXPOSITION FACILITIES TASK FORCE


Sec.


5.871.    Creation of Task Force.
5.872.    Mission.
5.873.    Staff.
5.874.    Compensation.
5.875.    Termination.

Source

   The provisions of this Subchapter III adopted by Executive Order No. 1995-10, dated October 27, 1995, 25 Pa.B. 5236, unless otherwise noted.

§ 5.871. Creation of Task Force.

 There is hereby created within the Governor’s Office the Governor’s Sports and Exposition Facilities Task Force (Task Force). The Task Force shall be composed of no more than 15 persons to be appointed or designated as follows:

   (1)  The following persons shall serve as ex officio members of the Task Force:

     (i)   The General Counsel or a designee.

     (ii)   The Secretary of the Budget or a designee.

   (2)  The other members of the Task Force will be appointed by the Governor to serve at his pleasure.

   (3)  The Governor will designate the Chairperson of the Task Force.

§ 5.872. Mission.

 The mission of the Governor’s Sports and Exposition Facilities Task Force is to:

   (1)  Examine, study and devise ways of establishing a Statewide authority which would effectuate a system of public and private financing alternatives for acquiring, constructing, refinancing, improving, furnishing, equipping, maintaining and operating any sports or exposition facility in this Commonwealth.

   (2)  Issue a report to the Governor containing its findings and recommendations, along with proposed legislation, on or before July 1, 1996.

§ 5.873. Staff.

 The Office of General Counsel and Office of the Budget shall provide personnel, equipment and resources as might be required for the functioning of the Governor’s Sports and Exposition Facilities Task Force.

§ 5.874. Compensation.

 The members of the Governor’s Sports and Exposition Facilities Task Force who are not ex officio members or their designees do not receive compensation for their services but are reimbursed for expenses necessarily incurred in the performance of their duties.

§ 5.875. Termination.

 The Governor’s Sports and Exposition Facilities Task Force will terminate when determined by the Governor.

Subchapter JJJ. IMPLEMENTATION OF THE IMPACCT COMMISSION RECOMMENDATIONS


Sec.


5.891.    Purpose of the PRIME Council.
5.892.    Responsibilities.
5.893.    Composition of the PRIME Council.
5.894.    Terms of membership.
5.895.    Compensation.
5.896.    Cooperation of State agencies.
5.897.    Staff.

Source

   The provisions of this Subchapter JJJ, adopted by Executive Order No. 1996-2, dated April 19, 1996, 26 Pa.B. 2292, unless otherwise noted.

§ 5.891. Purpose of the PRIME Council.

 The purpose of the PRIME Council shall be to coordinate the reengineering of State government in order to make State government more efficient and less costly.

§ 5.892. Responsibilities.

 The PRIME Council’s specific duties will include:

   (1)  Offering advice and assistance in prioritizing the recommendations of the IMPACCT Commission’s report and recommendations.

   (2)  Providing advice and assistance in the review of agency action plans and in the implementation of specific Commonwealth reengineering initiatives.

   (3)  Assisting in the further review of areas of State government which were not reviewed by the IMPACCT Commission.

§ 5.893. Composition of the PRIME Council.

 The PRIME Council shall consist of the following members, all of whom will be appointed by and serve at the pleasure of the Governor:

   (1)  The Lieutenant Governor, who shall serve as chairperson, and who shall be responsible for the day-to-day management of the reengineering efforts and other duties in order to ensure the successful completion of the PRIME Council’s efforts.

   (2)  Other individuals as the Governor may appoint.

§ 5.894. Terms of membership.

 Members shall serve terms of 1 year and shall continue to serve thereafter until their successors have been appointed. If a vacancy occurs during a member’s term, the Governor will appoint a successor.

§ 5.895. Compensation.

 Members of the PRIME Council will not receive compensation for their services. Members who are not employes of the Commonwealth shall be reimbursed for expenses incurred in serving the PRIME Council in accordance with established Commonwealth policy.

§ 5.896. Cooperation by State agencies.

 All agencies under the Governor’s jurisdiction shall cooperate fully with the PRIME Council and provide staff assistance and information as needed by the PRIME Council to carry out its functions effectively:

   (1)  All agencies are further directed to establish internal innovation teams which will be responsible for implementing reengineering efforts. The Lieutenant Governor will be responsible for establishing fair and timely procedures for the preparation, submittal, review, implementation and monitoring of agency and multi-agency reengineering plans.

   (2)  All agencies will, when appropriate, provide resources to analyze and design initiatives to implement reengineering recommendations which involve one or more agencies.

§ 5.897. Staff.

 The Office of the Lieutenant Governor, Office of General Counsel, Office of Administration, Office of the Budget and the Governor’s Policy Office shall provide personnel, equipment and resources as may be required for the functioning of the PRIME Council.

Subchapter KKK. MUNICIPAL WASTE FACILITIES
REVIEW PROGRAM


Sec.


5.901.    Commercial Vehicle Safety Program.
5.902.    Restrictions on municipal waste facility volumes.
5.903.    Municipal waste policy reform.
5.904.    Municipal waste facility impact review.
5.905.    Applicability.
5.906.    Effective date.

Source

   The provisions of this Subchapter KKK adopted by Executive Order No. 1996-5, 26 Pa.B. 4515, unless otherwise noted.

§ 5.901. Commercial Vehicle Safety Program.

 The Department of Environmental Protection and the Department of Transportation will begin immediately to investigate the conditions of State highways and bridges, leading to municipal waste facilities that are or may be used by substantial numbers of commercial municipal waste vehicles and determine whether public safety hazards or damage or destruction of State highways or bridges is being caused by commercial municipal waste transportation. Public safety concerns expressed by a host community will be addressed first. The implementation of this review will include:

   (1)  Continuing commercial municipal waste vehicle safety inspections conducted in cooperation with the State Police and municipal waste facility operators.

   (2)  Engineering and traffic studies of State highways and bridges used by commercial municipal waste vehicles to access a municipal waste facility that are necessary to protect the public health, safety and welfare and to prevent damages to or destruction of State highways and bridges.

   (3)  Imposition of weight, size or other restrictions on State highways or bridges used by commercial municipal waste vehicles to access a municipal waste facility, as necessary, to protect the public health, safety and welfare, or to prevent damage to or destruction of State highways or bridges, or necessary due to hazardous traffic conditions or other safety factors.

   (4)  Posting weight, size or other restrictions on State highways and bridges, as necessary, to protect the public health, safety and welfare or prevent damage to or destruction of State highways and bridges.

   (5)  Enforcement of requirements concerning bonds or permits for excess maintenance and other applicable provisions in accordance with 75 Pa.C.S. (relating to the Vehicle Code) and 67 Pa. Code (relating to transportation).

§ 5.902. Restrictions on municipal waste facility volumes.

 The Department of Environmental Protection (Department) and the Department of Transportation will conduct, or cause to be conducted, engineering and traffic studies or other analyses that are necessary to determine whether the volumes and types of waste permitted, requested or received at a municipal waste facility cause or contribute to violations of the environmental laws, 75 Pa.C.S. (relating to the Vehicle Code) or any other transportation safety requirements administered by the Department of Transportation or the Department. Municipal waste facilities include a municipal waste landfill, a resource recovery facility or a transfer facility. The Department will modify, suspend or revoke any existing municipal waste facility permit, as necessary, to reduce or eliminate public safety hazards, public nuisances or other violations of law.

§ 5.903. Municipal waste policy reform.

 The Department of Environmental Protection (Department) will develop or revise the following policies relating to municipal waste facilities in consultation with other Commonwealth executive agencies, the Department’s Solid Waste Advisory Committee and other groups:

   (1)  Environmental assessment policy. Criteria will be developed to assess potential public benefits and public harms from the operation of the facility, to evaluate this information and to determine whether the applicant has demonstrated that the benefits to the public will outweigh the public harms that may be caused by or contributed to by the facility’s operation.

   (2)  Daily volume policy. Criteria will be developed to set daily volume restrictions for municipal waste facilities to reduce or eliminate public health and safety hazards and public nuisances and in compliance with applicable environmental protection and transportation safety laws.

   (3)  Traffic safety policy. The Department and the Department of Transportation will develop an interagency policy for review of the potential impact of commercial municipal waste vehicles upon the public health, safety and the environment, including the impact upon State highways and State bridges.

§ 5.904. Municipal waste facility impact review.

 (a)  The Department of Environmental Protection (Department) will review pending and future applications for municipal waste facility permits and permit modifications in accordance with the policy reforms required by this subchapter. No new municipal waste permit or application that would result in additional waste volumes or capacity will be further reviewed until the concerns of the host county and the affected host local municipalities have been addressed by the Department in accordance with applicable law. As part of this review, the Department will consult with the host county and host local municipalities affected by the permit application and review any host agreements entered into by the applicant to address the potential impact of the proposal upon the public health, safety and welfare prior to conducting any further reviews. The Department will ensure that:

   (1)  The maximum and average daily volumes of solid waste permitted or received at a facility do not cause or contribute to any violation of the solid waste, air quality or other environmental protection laws of the Commonwealth.

   (2)  The maximum and average daily volumes of solid waste permitted or received at a facility do not cause or contribute to any public nuisance from odors, noises, dust, truck traffic or other causes.

   (3)  The maximum or average daily volumes of solid waste permitted or received at a facility will not interfere with, or contradict, any provisions contained in any applicable county solid waste management plan.

   (4)  The operation of the facility will not violate the traffic safety laws of the Commonwealth or other laws administered by the Department of Transportation.

   (5)  Any permit issued contains all appropriate and necessary conditions to protect the public health, safety and welfare, and the environment of the Commonwealth and is issued in compliance with applicable laws.

 (b)  The requirements for permit application review in this subchapter do not apply to applications for additional types of waste, modification to operating conditions that do not affect capacity, to applications which provide for remediation of environmental problems or to permit renewals.

§ 5.905. Applicability.

 (a)  This subchapter applies to the Departments of Transportation and Environmental Protection under the jurisdiction of the Governor’s Office.

 (b)  This subchapter is intended only to improve the internal management of executive agencies and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the Commonwealth, its agencies, its officers, or any person.

§ 5.906. Effective date.

 This subchapter is effective immediately.

Subchapter LLL. GOVERNOR’S ADVISORY COMMISSION ON ACADEMIC STANDARDS


Sec.


5.921.    Purpose.
5.922.    Composition.
5.923.    Staff.
5.924.    Compensation.
5.925.    Termination.

Source

   The provisions of this Subchapter LLL adopted by Executive Order No. 1996-6, dated September 30, 1996, 26 Pa.B. 5630, unless otherwise noted.

§ 5.921. Purpose.

 The purpose of the Governor’s Advisory Commission on Academic Standards is to:

   (1)  Obtain and consider ideas and proposals regarding academic standards from citizens throughout this Commonwealth, particularly parents and community and business leaders.

   (2)  Create and recommend for adoption a rigorous set of standards, the achievement of which demonstrates the attainment of high levels of student competency in core academic subjects.

   (3)  Issue a report to the Governor containing its findings and recommendations.

§ 5.922. Composition.

 The Governor’s Advisory Commission on Academic Standards (Commission) is composed of no more than 14 members, all of whom serve at the pleasure of the Governor, to be appointed or designated as follows:

   (1)  The Secretary of Education or a designee.

   (2)  Four members of the Commission selected by the Governor from the Legislature.

   (3)  The remaining members of the Commission selected by the Governor from the public at large.

§ 5.923. Staff.

 The Department of Education shall provide personnel, equipment and resources as might be required for the functioning of the Governor’s Advisory Commission on Academic Standards.

§ 5.924. Compensation.

 The members of the Governor’s Advisory Commission on Academic Standards do not receive compensation for their services but are reimbursed for expenses necessarily incurred in the performance of their duties.

§ 5.925. Termination.

 The Governor’s Advisory Commission on Academic Standards will terminate as determined by the Governor.

Subchapter MMM. PENNSYLVANIA CENTER FOR
ENVIRONMENTAL EDUCATION


Sec.


5.931.    Purpose.
5.932.    Functions.
5.933.    Composition.
5.934.    Relationship with other agencies.
5.935.    Staffing and expenses.

Source

   The provisions of this Subchapter MMM adopted by Executive Order No. 1996-7, dated December 20, 1996, 27 Pa.B. 1782, unless otherwise noted.

§ 5.931. Purpose.

 The Pennsylvania Center for Environmental Education is established to provide increased public and private access to quality environmental education through service, education and research.

§ 5.932. Functions.

 The functions of the Pennsylvania Center for Environmental Education (Center) are to:

   (1)  Establish an environmental education computer network system to help disseminate environmental education materials and programs.

   (2)  Provide technical assistance for preservice teacher preparation in the area of environmental education.

   (3)  Provide the opportunity for professional development through continuing education.

   (4)  Promote the formation of partnerships with educators, schools, local officials, county conservation districts, business, industry, nonprofit citizen and environmental education organizations. In particular, the Center shall consult with the Pennsylvania Alliance for Environmental Education and National Environmental Education Advancement Project seed team members to set priorities and develop activities.

§ 5.933. Composition.

 An executive committee, consisting of representatives of the Departments of Environmental Protection, Conservation and Natural Resources, Education, Community and Economic Development, State System of Higher Education, Fish and Boat Commission, Game Commission, Pennsylvania Association of Conservation Districts, Inc. and the Pennsylvania Alliance for Environmental Education shall be formed and meet at least annually for the purpose of setting priorities and suggesting activities. Additional executive committee members may be added at the discretion of the executive committee.

§ 5.934. Relationship with other agencies.

 To implement the purpose of this subchapter, the committee may request and receive from any department, division, board, bureau, commission or any other agency under the Governor’s jurisdiction, cooperation, information and data needed by the committee to properly carry out its powers and duties.

§ 5.935. Staffing and expenses.

 The agencies shall cooperate in providing staff and financial resources to the Pennsylvania Center for Environmental Education.

Subchapter NNN. GOVERNOR’S TRAVEL AND TOURISM
COUNCIL


Sec.


5.941.    Functions and responsibilities.
5.942.    Composition of the Council.
5.943.    Terms of membership.
5.944.    Compensation reimbursement.
5.945.    Compensation by State agencies.
5.946.    Termination date.

Source

   The provisions of this Subchapter NNN adopted by Executive Order No. 1997-1, dated March 17, 1997, 27 Pa.B. 1918, unless otherwise noted.

§ 5.941. Functions and responsibilities.

 The function of the Governor’s Travel and Tourism Council (Council) is to advise the Governor on policies, procedures, legislation and regulations which affect tourism in this Commonwealth. The areas to be examined include marketing, hospitality, cultural tourism and communication. The Council is also responsible for advising the Governor on the development of policy, coordination of event financing and targeting, coordination of marketing materials (print and electronic) and coordination of State infrastructure.

§ 5.942. Composition of the Council.

 (a)  The Governor’s Travel and Tourism Council (Council) consists of the following individuals, all of whom are appointed by, and serve at the pleasure of the Governor:

   (1)  One representative each from the Department of Agriculture, Department of Banking, Department of Community and Economic Development, Department of Conservation and Natural Resources, Pennsylvania Historical and Museum Commission, Department of Transportation, Pennsylvania Game Commission, Pennsylvania Fish and Boat Commission and Pennsylvania Turnpike Commission.

   (2)  One tourism promotion agency representative from a county of the first, second or second class A, one tourism promotion agency representative from a county of the third, fourth or fifth class and one tourism promotion agency representative from a county of the sixth, seventh or eighth class.

   (3)  One representative from each of the following categories; hotel/motel, skiing, amusement parks or attractions, private parks or camping, museum or historical attraction, arts or theater, motor coach or travel agent, outdoor recreation industry, food and beverage, shopping/outlet shopping and one member-at-large from the private sector tourism industry.

   (4)  The majority and minority Chairpersons of the Senate Community and Economic Development Committee and the House Tourism and Recreational Development Committee.

   (5)  One representative each from the Pennsylvania Council on the Arts and the Pennsylvania Rural Development Council.

 (b)  The Governor will designate one Council member to serve as chairperson and one to serve as vice-chairperson of the Council. The chairperson and vice-chairperson serve at the will of the Governor.

 (c)  Other State officials may be invited, from time to time, at the discretion of the chairperson, to attend meetings of the Council when the attendance is deemed necessary.

§ 5.943. Terms of membership.

 Members are appointed for terms of 1 year and continue to serve thereafter until their successors have been appointed. If a vacancy occurs during a member’s term, the Governor will appoint a successor.

§ 5.944. Compensation/reimbursement.

 Members of the Governor’s Travel and Tourism Council receive no compensation or reimbursement for their services.

§ 5.945. Cooperation by State agencies.

 Agencies under the Governor’s jurisdiction shall cooperate fully with the Governor’s Travel and Tourism Council (Council) and provide staff assistance and information as needed by the Council to carry out its functions effectively.

§ 5.946. Termination date.

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

Subchapter OOO. GOVERNOR’S GREEN GOVERNMENT COUNCIL


Sec.


5.951.    Purpose of the Governor’s Green Government Council (Council).
5.952.    Responsibilities of the Governor’s Green Government Council (Council).
5.953.    Composition of the Governor’s Green Government Council (Council).
5.954.    Responsibilities of Commonwealth agencies.
5.955.    Responsibilities of the Department of Environmental Protection.
5.956.    Cooperation with other Commonwealth entities.
5.957.    Environmental compliance.
5.958.    Funding.

Source

   The provisions of this Subchapter OOO adopted by Executive Order No. 1998-1, dated March 25, 1998, 28 Pa.B. 1746, unless otherwise noted.

§ 5.951. Purpose of the Governor’s Green Government Council (Council).

 The purpose of the Council is to, cooperatively across agency jurisdictions, facilitate the incorporation of environmentally sustainable practices, including strategic environmental management, into Commonwealth government’s planning, operations, and policymaking and regulatory functions, and to strive for continuous improvement in environmental performance with the goal of zero emissions. Strategic Environmental Management includes an environmental management system with a strong pollution prevention and energy efficiency program, effective community involvement, measurable economic and environmental performance goals, environmental accounting and life cycle analysis.

§ 5.952. Responsibilities of the Governor’s Green Government Council (Council).

 (a)  The Council is responsible for providing advice and assistance in the preparation and review of agency Green Plans and the implementation of initiatives undertaken to fulfill these plans.

 (b)  The Council is responsible for providing advice and assistance in prioritizing initiatives undertaken to incorporate environmentally sustainable practices into Commonwealth government’s planning, operations, policymaking and regulatory functions and to strive for continuous improvement in environmental performance with the goal of zero emissions.

§ 5.953. Composition of the Governor’s Green Government Council (Council).

 (a)  The Council consists of the following members, each of whom shall be appointed by and serve at the pleasure of the Governor:

   (1)  The Secretaries of the Departments of Environmental Protection and General Services, who chair the Council jointly.

   (2)  Other individuals the Governor may appoint.

 (b)  Independent agencies shall be invited and encouraged to participate fully in the Council’s efforts to foster the incorporation of environmentally sustainable practices throughout Commonwealth government.

§ 5.954. Responsibilities of Commonwealth agencies.

 (a)  Each executive agency, and all independent agencies participating voluntarily in the initiative under this subchapter, shall develop an annual plan, to be known as a green plan, outlining the actions the agency will take in the coming year to incorporate environmentally sustainable practices into its planning, operations, policymaking, and regulatory functions and to strive for continuous improvement in environmental performance with the goal of zero emissions. The green plan will also include the measures to be used to evaluate the effectiveness of the agency’s actions. To facilitate their incorporation into the annual budget process, these plans shall be submitted to the Council for advice and assistance on or before June 1 of each year.

 (b)  Each agency shall assign a deputy secretary or individual in an equivalent position to be responsible to the agency head for overseeing agency activity directed toward incorporating environmentally sustainable practices into the agency’s management and operations.

 (c)  Each agency shall identify a green team leader responsible for assuring the development and implementation of the agency’s activities to incorporate environmentally sustainable practices into their management and operations and assign resources, as necessary, to support them.

 (d)  Initially, participating Commonwealth agencies shall focus on planning and operations, particularly energy efficiency, including building design and management, procurement of environmentally friendly commodities and services, vehicle purchases and management and recycling.

 (e)  All agencies under the Governor’s jurisdiction shall cooperate fully with the Governor’s Green Government Council (Council) and provide staff assistance and information as needed for the Council to carry out its functions effectively.

§ 5.955. Responsibility of the Department of Environmental Protection.

 The Department of Environmental Protection shall assemble the individual agencies’ green plans and submit them, together with an executive summary, including a progress report, to the Governor on or before September 1 of each year.

§ 5.956. Cooperation with other Commonwealth entities.

 The Governor’s Green Government Council (Council) shall cooperate with other Commonwealth entities, including the 21st Century Environment Commission; the Privatize, Retain, Innovate, Modify and Eliminate Initiative (PRIME); and the Governor’s Market Development Task Force for Recycled Materials. The Council shall use information from these entities in developing the Commonwealth’s Green Plan and shall, in turn, provide them with information.

§ 5.957. Environmental compliance.

 Commonwealth agencies shall ensure that their government facilities and activities comply with applicable Federal and Commonwealth environmental laws and regulations. Source reduction and resource efficiency, including energy efficiency, shall, when feasible, be used to achieve compliance.

§ 5.958. Funding.

 Each agency shall provide sufficient funds to develop and implement its green plan.

Subchapter PPP. [Reserved]



Source

   The provisions of this Subchapter PPP adopted by Executive Order No. 1998-2, dated March 1, 1998, 28 Pa.B. 2128, unless otherwise noted.

   (Editor’s Note: Subchapter PPP was terminated March 1, 2001.) empty

§ § 5.961—5.969. [Reserved].


Subchapter QQQ. PENNSYLVANIA GREENWAYS
PARTNERSHIP COMMISSION


Sec.


5.981.    Purpose and effective date.
5.982.    Composition and appointments.
5.983.    Functions and scope.
5.984.    State agency coordination.
5.985.    Meetings and communication.

Source

   The provisions of this Subchapter QQQ adopted by Executive Order No. 1998-3, dated April 29, 1998, 28 Pa.B. 2366; amended by Executive Order No. 1998-3, dated April 7, 1999, 29 Pa.B. 2570; amended by Executive Order No. 1998-3, dated August 16, 2001, 31 Pa.B. 5360, unless otherwise noted. Immediately preceding text appears at serial pages (255514) to (255517).

§ 5.981. Purpose and effective date.

 (a)  The purpose of the Pennsylvania Greenways Partnership Commission is to aid the Secretary of the Department of Conservation and Natural Resources in the promotion of greenways development throughout this Commonwealth.

 (b)  This subchapter is amended effective Spetember 1, 2001.

§ 5.982. Composition and appointments.

 (a)  The Pennsylvania Greenways Partnership Commission (Commission) consists of individuals who are appointed by and serve at the pleasure of the Secretary of the Department of Conservation and Natural Resources (DCNR). The membership of the Commission reflects a cross section of greenway interests and the geographic diversity of this Commonwealth.

   (1)  The Commission is comprised of one representative from each of the following organizations:

     (i)   The Pennsylvania Environmental Council.

     (ii)   The Pennsylvania Organization for Watersheds and Rivers.

     (iii)   The Pennsylvania Rails-to-Trails Conservancy.

     (iv)   The Pennsylvania Recreation and Parks Society.

     (v)   The Pennsylvania Planning Association.

     (vi)   The Pennsylvania Chamber of Business and Industry.

     (vii)   The Pennsylvania Land Trust Association.

     (viii)   The Pennsylvania Heritage Parks Association.

     (ix)   The Pennsylvania Recreational Trails Advisory Board.

   (2)  The remaining members of the Commission represent a diversity of greenway interests.

 (b)  The Secretary of DCNR will select a chair or cochairs.

 (c)  DCNR is the primary State agency for the planning and coordination of a Pennsylvania greenways program and will provide administrative support to the Commission.

 (d)  Each Commission member may designate an alternate to represent him on the Commission.

§ 5.983. Functions and scope.

 The Commission will advise and assist the Secretary of the Department of Conservation and Natural Resources in carrying out the following responsibilities:

   (1)  Implementing an action plan for advancing a Pennsylvania greenways partnership program in the 21st century.

   (2)  Pursuing the creation of partnership opportunities to plan, implement, maintain and fund a greenways network for this Commonwealth.

   (3)  Maintaining an inventory, catalog and map of the network of greenways and trails in this Commonwealth.

   (4)  Exploring creative financial and technical assistance programs and strategies to benefit the creation and sustainability of State and local greenway efforts.

   (5)  Researching and identifying ‘‘best practices’’ of existing greenways efforts within this Commonwealth and other states.

   (6)  Creating a Statewide clearinghouse system for collecting, maintaining and disseminating materials on greenways and trails legal, design and mapping information.

   (7)  Developing a public education, outreach and coalition building strategy (including local government) for greenways and trails.

   (8)  Developing strategies for incorporating greenways opportunities into Federal, State and local planning efforts dealing with issues such as land use/smart growth, open space preservation, watershed protection, natural areas protection, heritage conservation, recreation, tourism development, intermodal transportation systems and brownfields development.

   (9)  Coordinating existing State agency initiatives dealing with the Public Utility Commission’s disposition of crossing structures, including related funding programs.

§ 5.984. State agency coordination.

 All State agencies shall cooperate with and provide assistance as needed to the Department of Conservation and Natural Resources (DCNR) in performing its mission and functions related to greenways development. The following State agencies shall designate a liaison who will serve as the coordinator of greenway-related activities and primary contact for DCNR:

   (1)  The Department of Aging.

   (2)  The Department of Agriculture.

   (3)  The Department of Community and Economic Development.

   (4)  The Department of Education.

   (5)  The Department of Environmental Protection.

   (6)  The Fish and Boat Commission.

   (7)  The Game Commission.

   (8)  The Department of Health.

   (9)  The Historical and Museum Commission.

   (10)  The Pennsylvania Emergency Management Agency.

   (11)  The Pennsylvania Public Utility Commission.

   (12)  The Department of Transportation.

§ 5.985. Meetings and communication.

 The Pennsylvania Greenways Partnership Commission (Commission) members will meet at least once a year during the life of the Commission.

Subchapter RRR. GOVERNOR’S INTERAGENCY TASK FORCE ON ENERGY


Sec.


5.991.    Purposes and goals.
5.992.    Composition of the Governor’s Interagency Task Force on Energy (Task Force).
5.993.    Responsibilities of the Governor’s Interagency Task Force on Energy (Task Force).
5.994.    Responsibilities of Commonwealth agencies and other entities.
5.995.    Compensation.
5.996.    Funding.
5.997.    Meetings.

Source

   The provisions of this Subchapter RRR adopted by Executive Order No. 2002-8, dated July 18, 2002, 32 Pa.B. 3695, unless otherwise noted.

§ 5.991. Purposes and goals.

 The purposes and goals of the Governor’s Interagency Task Force on Energy are to:

   (1)  Encourage a diverse supply of energy using traditional and renewable sources and ensuring adequate delivery systems.

   (2)  Promote energy efficiency and conservation.

   (3)  Protect public health and safety through environmental quality programs, energy assistance and ensuring emergency preparedness.

   (4)  Make recommendations to the Governor on energy policy matters.

   (5)  Coordinate State agency actions.

   (6)  Identify opportunities for State agencies to lead by example.

§ 5.992. Composition of the Governor’s Interagency Task Force on Energy (Task Force).

 The Task Force shall consist of the following members, each of whom are appointed by and serve at the pleasure of the Governor:

   (1)  Director of the Governor’s Policy Office who shall serve as Chairperson.

   (2)  Chairperson, Public Utility Commission.

   (3)  Director, Pennsylvania Emergency Management Agency.

   (4)  Executive Director, Pennsylvania Rural Development Council.

   (5)  Secretary of Aging.

   (6)  Secretary of Agriculture.

   (7)  Secretary of Community and Economic Development.

   (8)  Secretary of Conservation and Natural Resources.

   (9)  Secretary of Environmental Protection.

   (10)  Secretary of General Services.

   (11)  Secretary of Health.

   (12)  Secretary of Public Welfare.

   (13)  Secretary of Transportation.

   (14)  Secretary of Governor’s Office of Administration.

   (15)  Other individuals the Governor may elect to appoint.

§ 5.993. Responsibilities of the Governor’s Interagency Task Force on Energy (Task Force).

 (a)  The Task Force will provide advice and assistance in the preparation and review of agency energy plans that will implement reports of the Task Force.

 (b)  The Task Force will seek to develop good working relationships with interested stakeholders.

 (c)  The Task Force will seek to develop good working relationships with Federal and local government agencies to:

   (1)  Promote access to Federal energy funds.

   (2)  Remain actively involved in regional and National decisions.

   (3)  Support National efforts to ensure an adequate, reliable and diverse supply of energy.

 (d)  The Task Force shall assemble the individual agencies’ energy plans and submit them, together with an executive summary including a progress report, to the Governor on or before September 15 of each year.

§ 5.994. Responsibilities of Commonwealth agencies and other entities.

 (a)  Each executive agency, and all independent agencies participating voluntarily in this initiative, shall develop an annual plan, to be known as the energy plan, outlining the actions the agency will take to implement the recommendations of the Governor’s Interagency Task Force on Energy (Task Force) to:

   (1)  Ensure diverse generation and availability of energy supply.

   (2)  Promote conservation, efficiency and demand management.

   (3)  Protect public health and safety.

   (4)  Further support the energy goals of the Commonwealth as set forth by the Task Force.

 (b)  The energy plan shall also include the measures taken in the previous year that addressed the goals listed in subsection (a). These plans shall be submitted to the Task Force for advice and assistance on or before July 15 of each year.

 (c)  The Task Force members shall each designate staff to serve on an Interagency Energy Team that will meet, as needed, to ensure that plan tasks are developed and implemented. The team shall report to the Chairperson of the Task Force. The Governor’s Policy Office will coordinate the activities of the team.

 (d)  Agencies under the Governor’s jurisdiction shall fully cooperate and provide assistance, particularly with regard to agency energy plans, to the Task Force in performing its functions.

§ 5.995. Compensation.

 Members of the Governor’s Interagency Task Force on Energy shall receive no compensation for their services, except that the members may be reimbursed for actual travel and related expenses in accordance with Commonwealth policy. See Chapter 40 (relating to travel and subsistence).

§ 5.996. Funding.

 Each agency shall provide sufficient funds and staff to develop and implement its energy plan.

§ 5.997. Meetings.

 The Governor’s Interagency Task Force on Energy meetings will be held twice a year and will be open to the public as required by the 65 Pa.C.S. Chapter 7 (relating to Sunshine Act).



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