Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



CHAPTER 5. COUNCILS AND COMMITTEES

Subchap. Sec.

A.    GOVERNOR’S TRAFFIC SAFETY COUNCIL … 5.1
B.    [Reserved]
C.    [Reserved]
D.    [Reserved]
E.    [Reserved]…5.51
F.    [Reserved]… 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.    [Reserved] … 5.191
S.    [Reserved] … 5.201
T.    [Reserved] … 5.211
U.    [Reserved] … 5.221
V.    [Reserved] …5.231
W.    [Reserved] … 5.241
X.    [Reserved] … 5.251
Y.    [Reserved] … 5.261
Z.    [Reserved] … 5.271
AA.    [Reserved] … 5.291
BB.    [Reserved] … 5.301
CC.    [Reserved] … 5.311
DD.    [Reserved] … 5.321
EE.    [Reserved] … 5.331
FF.    [Reserved] … 5.341
GG.    [Reserved] … 5.351
HH.    [Reserved] … 5.361
II.    [Reserved] … 5.371
JJ.    [Reserved] … 5.381
KK.    [Reserved] … 5.391
LL.    INTRA-GOVERNMENTAL COUNCIL ON LONG TERM CARE … 5.401
MM.    JOB TRAINING MANAGEMENT COMMITTEE … 5.421
NN.    [Reserved] … 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.     [Reserved] … 5.651
XX.     [Reserved] … 5.671
YY.     [Reserved] … 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.     [Reserved] … 5.791
EEE.     [Reserved] … 5.811
FFF.     GOVERNOR’S SPORTSMEN’S ADVISORY COUNCIL … 5.821
GGG.     [Reserved] … 5.841
HHH.     [Reserved] … 5.861
III.     [Reserved] … 5.871
JJJ.     [Reserved] … 5.891
KKK.     [Reserved] … 5.901
LLL.     [Reserved] … 5.921
MMM.     [Reserved] … 5.931
NNN.     [Reserved] … 5.941
OOO.     [Reserved]… 5.951
PPP.     [Reserved] … 5.961
QQQ.     PENNSYLVANIA GREENWAYS PARTNERSHIP  COMMISSION … 5.981
RRR.     [Reserved] … 5.991
SSS.     GOVERNOR’S GREEN GOVERNMENT COUNCIL…5.1001
TTT.     REDUCING GUN VIOLENCE…5.1011
UUU.     INTERAGENCY HEALTH REFORM COUNCIL …5.1021
VVV.     ENVIRONMENTAL JUSTICE…5.1031
WWW.     PENNSYLVANIA LONGITUDINAL DATA SYSTEM…5.1041
XXX.     PENNSYLVANIA OFFICE OF TRANSFORMATION AND  OPPORTUNITY…5.1051
YYY.     COMMONWEALTH OFFICE OF DIGITAL EXPERIENCE…5.1061
ZZZ.      PENNSYLVANIA’S MASTER PLAN FOR OLDER ADULTS…5.1071

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, 10 Pa.B. 1586; amended by Executive Order No. 1987-10, dated 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, 10 Pa.B. 1586; amended by Executive Order No. 1987-10, dated 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, 10 Pa.B. 1586; amended by Executive Order No. 1987-10, dated 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.

§ § 5.51—5.54. [Reserved].


Subchapter F. [Reserved]


Sec.


5.61.     [Reserved].
5.62.     [Reserved].
5.63.     [Reserved].
5.64—5.69.     [Reserved].

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. 3480; reserved by Executive Order No. 2012-06, dated April 30, 2012, 42 Pa.B. 3559, unless otherwise noted. Immediately preceding text appears at serial pages (321370), (347683) to (347684) and (321373).

§ 5.61. [Reserved].

§ 5.62. [Reserved].

§ 5.63. [Reserved].


Source

   The provisions of this §  5.63 amended by Executive Order No. 2003-06, dated April 28, 2008, 40 Pa.B. 398; reserved by Executive Order No. 2012-06, dated April 30, 2012, 42 Pa.B. 3559. Immediately preceding text appears at serial page (347684).

§ § 5.64—5.69. [Reserved].


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. 1973-10, dated September 26, 1973, 3 Pa.B. 2320; amended by Executive Order No. 1976-6 as amended March 11, 1977, 7 Pa.B. 837; amended 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. 1979-9 amended, dated November 5, 1981, 11 Pa.B. 4153; amended by Executive Order No. 1979-9 amended, dated February 2, 1982, 12 Pa.B. 790; amended by Executive Order No. 1979-9 amended, 15 Pa.B. 5; 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.    [Reserved].
5.182.    [Reserved].
5.183.    [Reserved].
5.184.    [Reserved].
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, 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, 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, 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, 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, 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. [Reserved]



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; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321385) to (321391).

§ § 5.191—5.200. [Reserved].

§ 5.200a. [Reserved].


Subchapter S. [Reserved]



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; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321391) to (321392).

§ § 5.201—5.204. [Reserved].


Subchapter T. [Reserved]


Sec.


5.211.      [Reserved].
5.212.      [Reserved].
5.213.      [Reserved].
5.214.      [Reserved].
5.215.      [Reserved].
5.216.      [Reserved].
5.217.      [Reserved].
5.218.      [Reserved].
5.219.      [Reserved].
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. [Reserved].


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; reserved by Executive Order No. 2012-10, dated July 9, 2012, 42 Pa.B. 5146. Immediately preceding text appears at serial pages (346931) to (346932).

§ 5.213. [Reserved].


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; amended by Executive Order No. 2003-9, dated September 15, 2005, 40 Pa.B. 11; reserved by Executive Order No. 2012-10, dated July 9, 2012, 42 Pa.B. 5146. Immediately preceding text appears at serial page (346932).

§ 5.214. [Reserved].


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; reserved by Executive Order No. 2012-10, dated July 9, 2012, 42 Pa.B. 5146. Immediately preceding text appears at serial page (346932).

§ 5.215. [Reserved].


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; reserved by Executive Order No. 2012-10, dated July 9, 2012, 42 Pa.B. 5146. Immediately preceding text appears at serial page (346932).

§ 5.216. [Reserved].


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; reserved by Executive Order No. 2012-10, dated July 9, 2012, 42 Pa.B. 5146. Immediately preceding text appears at serial pages (346932) and (321395).

§ 5.217. [Reserved].


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; reserved by Executive Order No. 2012-10, dated July 9, 2012, 42 Pa.B. 5146. Immediately preceding text appears at serial page (321395).

§ 5.218. [Reserved].


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; reserved by Executive Order No. 2012-10, dated July 9, 2012, 42 Pa.B. 5146. Immediately preceding text appears at serial page (321395).

§ 5.219. [Reserved].


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; reserved by Executive Order No. 2012-10, dated July 9, 2012, 42 Pa.B. 5146. Immediately preceding text appears at serial page (321395).

§ § 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).

§ § 5.221—5.226. [Reserved].


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).

§ § 5.231—5.234. [Reserved].


Subchapter W. [Reserved]


Sec.


5.241.    [Reserved].
5.242.    [Reserved].
5.243.    [Reserved].
5.244.    [Reserved].
5.245.    [Reserved].
5.246.    [Reserved].
5.247.    [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.

§ 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, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, terminated December 31, 1994, 21 Pa.B. 5805. Immediately preceding text appears at serial page (135320).

§ 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, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, terminated December 31, 1994, 21 Pa.B. 5805. Immediately preceding text appears at serial pages (135320) and (127733).

§ 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, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, terminated December 31, 1994, 21 Pa.B. 5805. Immediately preceding text appears at serial pages (127733) to (127734).

§ 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, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, terminated December 31, 1994, 21 Pa.B. 5805. Immediately preceding text appears at serial page (127735).

§ 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, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, terminated December 31, 1994, 21 Pa.B. 5805. Immediately preceding text appears at serial page (127735).

§ 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, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, terminated December 31, 1994, 21 Pa.B. 5805. Immediately preceding text appears at serial page (127735).

§ 5.247. [Reserved].


Source

   The provisions of this §  5.247 adopted by Executive Order No. 1988-6, dated May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, terminated December 31, 1994, 21 Pa.B. 5805. Immediately preceding text appears at serial page (127735).

Subchapter X. [Reserved]



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; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (380703) to (380704).

§ § 5.251—5.254. [Reserved].


Subchapter Y. [Reserved].



Source

   The provisions of this Subchapter Y adopted by Executive Order No. 1980-16, dated 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).

§ § 5.261—5.267. [Reserved].


Subchapter Z. [Reserved]


Sec.


5.271.    [Reserved].
5.272.    [Reserved].
5.273.    [Reserved].
5.274.    [Reserved].
5.275.    [Reserved].
5.276.    [Reserved].
5.277.    [Reserved].
5.278.    [Reserved].
5.279.    [Reserved].
5.280.    [Reserved].
5.281.    [Reserved].
5.282.    [Reserved].
5.283.    [Reserved].
5.284.    [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.

§ 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, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115644).

§ 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, 12 Pa.B. 4279; amended by Executive Order No. 1988-5, dated May 4, 1988, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115644).

§ 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, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115644).

§ 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, 12 Pa.B. 4279; amended by Executive Order No. 1988-5, dated May 4, 1988, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645).

§ 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, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645).

§ 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, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645).

§ 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, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645).

§ 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, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645).

§ 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, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645).

§ 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, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645).

§ 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, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115646).

§ 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, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115646).

§ 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, terminated December 31, 1994, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115646).

§ 5.284. [Reserved].


Source

   The provisions of this §  5.284 adopted by Executive Order No. 1988-5, dated May 4, 1988, terminated December 31, 1994, 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, 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).

§ § 5.291—5.295. [Reserved].


Subchapter BB. [Reserved]



Source

   The provisions of this Subchapter BB adopted by Executive Order No. 1981-6, dated May 22, 1981, 11 Pa.B. 2028; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immedicately preceding text appears at serial pages (380708) to (380710).

§ § 5.301—5.310. [Reserved].


Subchapter CC. [Reserved]



Source

   The provisions of this Subchapter CC adopted by Executive Order No. 1981-7, dated 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).

§ § 5.311—5.314. [Reserved].


Subchapter DD. [Reserved]



Source

   The provisions of this Subchapter DD adopted by Executive Order No. 1981-10, dated 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).

§ § 5.321—5.326. [Reserved].


Subchapter EE. [Reserved]



Source

   The provisions of this Subchapter EE adopted by Executive Order No. 1981-11, dated 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).

§ § 5.331—5.337. [Reserved].


Subchapter FF. [Reserved]



Source

   The provisions of this Subchapter FF adopted by Executive Order No. 1981-12, dated 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).

§ § 5.341—5.344. [Reserved].


Subchapter GG. [Reserved]



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; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (380711) to (380713).

§ § 5.351—5.356. [Reserved].


Subchapter HH. [Reserved]



Source

   The provisions of this Subchapter HH adopted by Executive Order No. 1982-1, dated 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).

§ § 5.361—5.364. [Reserved].


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, 17 Pa.B. 165. Immediately preceding text appears at serial pages (87920), (95389) and (95390).

§ § 5.371—5.377. [Reserved].


Subchapter JJ. [Reserved]



Source

   The provisions of this Subchapter JJ adopted by Executive Order No. 1987-8, dated April 20, 1987, 17 Pa.B. 2133; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (380714) to (380715).

§ § 5.381—5.389. [Reserved].


Subchapter KK. [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; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321409) to (321411).

§ § 5.391—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, 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, 20 Pa.B. 3574. Immediately preceding text appears at serial page (127747).

Subchapter NN. [Reserved]


Sec.


5.441—5.444.      [Reserved].
5.445.      [Reserved].

Source

   The provisions of this Subchapter NN adopted by Executive Order No. 1988-4, dated April 7, 1988, 18 Pa.B. 2512; reserved by Executive Order No. 2015-12, dated September 29, 2015, 45 Pa.B. 6968, unless otherwise noted. Immediately preceding text appears at serial pages (321414) to (321416).

§ § 5.441—5.444. [Reserved].

§ 5.445. [Reserved].


Source

   The provisions of this §  5.445 amended by Executive Order No. 1988-4, Revision No. 1, dated December 27, 1990, 21 Pa.B. 413; reserved by Executive Order No. 2015-12, dated September 29, 2015, 45 Pa.B. 6968. Immediately preceding text appears at serial page (321416).

Subchapter OO. [Reserved]



Source

   The provisions of this Subchapter OO adopted by Executive Order No. 1988-10, dated 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).

§ § 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, 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, 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]


Sec.


5.591—5.594.      [Reserved].
5.595.      [Reserved].

Source

   The provisions of this Subchapter RR adopted by Executive Order 1990-2, dated April 1, 1990, terminated June 30, 1995, 20 Pa.B. 2643, unless otherwise noted.

§ § 5.591—5.594. [Reserved].

§ 5.595. [Reserved].


Source

   The provisions of this §  5.595 amended by Executive Order 1990-2, Revision No. 1, dated June 5, 1990, 20 Pa.B. 3574; amended by Executive Order 1990-2, dated June 1, 1992, Revision No. 2, terminated June 30, 1995, 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]



Source

   The provisions of these § §  5.641—5.649 adopted by Executive Order No. 1991-1, dated 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).

§ § 5.641—5.649. [Reserved].


Subchapter WW. [Reserved]



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; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (380727) to (380728).

§ § 5.651—5.657. [Reserved].


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, terminated January 31, 1995, unless otherwise noted.

§ § 5.671—5.676. [Reserved].


Subchapter YY. [Reserved]



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; reserved by Executive Order No. 2012-08, dated April 30, 2012, 42 Pa.B. 3561, unless otherwise noted. Immediately preceding text appears at serial pages (321426) to (321428).

§ § 5.701—5.708. [Reserved].


Subchapter ZZ. [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).

§ § 5.721—5.728. [Reserved].


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. [Reserved]



Source

   The provisions of this Subchapter DDD adopted by Executive Order 1994-4, dated May 18, 1994, 24 Pa.B. 2878; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321433) to (321435).

§ § 5.791—5.799. [Reserved].


Subchapter EEE. [Reserved]



Source

   The provisions of this Subchapter EEE adopted by Executive Order No. 1995-6, dated September 14, 1995, 25 Pa.B. 4515; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321436) and (380731).

§ § 5.811—5.816. [Reserved].


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).

§ § 5.821—5.829. [Reserved].


Subchapter GGG. [Reserved]



Source

   The provisions of this Subchapter GGG adopted by Executive Order No. 1995-8, dated October 11, 1995, 25 Pa.B. 4603; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (380732) and (321439).

§ § 5.841—5.845. [Reserved].


Subchapter HHH. [Reserved]



Source

   The provisions of this Subchapter HHH adopted by Executive Order No. 1995-7, dated October 11, 1995, 25 Pa.B. 4604; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321439) to (321441).

§ § 5.861—5.865. [Reserved].


Subchapter III. [Reserved]



Source

   The provisions of this Subchapter III adopted by Executive Order No. 1995-10, dated October 27, 1995, 25 Pa.B. 5236; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321441) to (321442).

§ § 5.871—5.875. [Reserved].


Subchapter JJJ. [Reserved]



Source

   The provisions of this Subchapter JJJ, adopted by Executive Order No. 1996-2, dated April 19, 1996, 26 Pa.B. 2292; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321442) to (321443).

§ § 5.891—5.897. [Reserved].


Subchapter KKK. [Reserved]



Source

   The provisions of this Subchapter KKK adopted by Executive Order No. 1996-5, 26 Pa.B. 4515; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321444) to (321446).

§ § 5.901—5.906. [Reserved].


Subchapter LLL. [Reserved]



Source

   The provisions of this Subchapter LLL adopted by Executive Order No. 1996-6, dated September 30, 1996, 26 Pa.B. 5630; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321446) to (321447).

§ § 5.921—5.925. [Reserved].


Subchapter MMM. [Reserved]



Source

   The provisions of this Subchapter MMM adopted by Executive Order No. 1996-7, dated December 20, 1996, 27 Pa.B. 1782; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321448) to (321449).

§ § 5.931—5.935. [Reserved].


Subchapter NNN. [Reserved]



Source

   The provisions of this Subchapter NNN adopted by Executive Order No. 1997-1, dated March 17, 1997, 27 Pa.B. 1918; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321449) to (321450).

§ § 5.941—5.946. [Reserved].


Subchapter OOO. [Reserved]



Source

   The provisions of this Subchapter OOO adopted by Executive Order No. 1998-1, dated March 25, 1998, 28 Pa.B. 1746; reserved by Executive Order No. 2019-01, dated January 8, 2019, 49 Pa.B. 438, unless otherwise noted. Immediately preceding text appears at serial pages (384868) to (384870).

§ § 5.951—5.958. [Reserved].


Subchapter PPP. [Reserved]



Source

   The provisions of this Subchapter PPP adopted by Executive Order No. 1998-2, dated March 1, 1998, terminated March 1, 2001, 28 Pa.B. 2128, unless otherwise noted.

§ § 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. [Reserved]



Source

   The provisions of this Subchapter RRR adopted by Executive Order No. 2002-8, dated July 18, 2002, 32 Pa.B. 3695; reserved by Executive Order No. 2016-08, dated December 5, 2016, 46 Pa.B. 7993, unless otherwise noted. Immediately preceding text appears at serial pages (321456) to (321458).

§ § 5.991—5.997. [Reserved].


Subchapter SSS. GOVERNOR’S GREEN GOVERNMENT COUNCIL


Sec.


5.1001.    Climate goal for the Commonwealth.
5.1002.    Performance goals for State agencies.
5.1003.    GreenGov Council mission.
5.1004.    Composition of the GreenGov Council.
5.1005.    GreenGov Council responsibilities.
5.1006.    Responsibilities of Commonwealth agencies.
5.1007.    Independent agencies, State-affiliated entities, and State-related entities.
5.1008.    Effective date.
5.1009.    Recission.

Source

   The provisions of this Subchapter SSS adopted by Executive Order No. 2019-01, dated January 8, 2019, 49 Pa.B. 438, unless otherwise noted.

§ 5.1001. Climate goal for the Commonwealth.

 The Commonwealth shall strive to achieve a 26% reduction of net greenhouse gas emissions statewide by 2025 from 2005 levels, and an 80% reduction of net greenhouse gas emissions by 2050 from 2005 levels.

§ 5.1002. Performance goals for State agencies.

 (a)  All agencies under the Governor’s jurisdiction shall:

   (1)  Collectively reduce overall energy consumption by 3% per year, and 21% by 2025 from 2017 levels.

   (2)  Replace 25% of the state passenger car fleet with battery electric and plug-in electric hybrid cars by 2025 and evaluate opportunities for the reduction of vehicle miles traveled and incorporation of new technology where appropriate.

   (3)  Procure renewable energy to offset at least 40% of the Commonwealth’s annual electricity use and evaluate opportunities to source electricity through Pennsylvania Certified Tier I credits, and/or direct purchase of renewable power generation sited within the Commonwealth.

 (b)  Any new building construction project, build-to-suit leased building, or renovation project by a Commonwealth agency that costs more than 50% of the replacement cost of the building, where the design of the project commences after the effective date of the Executive Order, shall be designed and constructed as a high-performance building achieving a 10% reduction in energy consumption over ANSI/ASHRAE/IES Standard 90.1.2016. Agencies may seek US Green Building Council LEED certification, Green Building Initiative Green Globe rating, or a comparable numeric rating from another accredited sustainable building certification program where appropriate.

§ 5.1003. GreenGov Council mission.

 The GreenGov Council shall encourage the incorporation of environmentally sustainable practices into the Commonwealth government’s policy, planning, operations, procurement, and regulatory functions, and strive for continuous improvement in efficiency and performance, to achieve the goals set forth above.

§ 5.1004. Composition of the GreenGov Council.

 The GreenGov Council (Council) shall consist of the Secretaries of the Departments of General Services, Environmental Protection and Conservation and Natural Resources, who shall chair the Council jointly, as well as other individuals the Governor shall appoint.

§ 5.1005. GreenGov Council responsibilities.

 The GreenGov Council (Council) shall serve as a central coordinating body to promote the implementation of this Order and the achievement of the Goals set forth above. In this role, the Council shall:

   (1)  Establish a schedule of regular meetings with designated representatives of Commonwealth agencies to review methods, policies, programs and actions that will implement the objectives of this Order and evaluate and track progress towards meeting the Performance Goals.

   (2)  Establish and administer a GreenGov certification program to assess agencies’ efforts to implement cost-effective conservation and efficiency strategies and achieve the Performance Goals.

   (3)  Prepare, issue and maintain an electronic GreenGov Certification Checklist, containing a menu of measures and strategies which may be employed by Commonwealth agencies to achieve certification in the GreenGov program.

   (4)  Work with all agencies to develop procedures to reduce energy and other utility usage and costs in all Commonwealth-owned and leased facilities.

   (5)  Examine opportunities to provide additional training and acknowledgment programs to enable and encourage Commonwealth agencies to become more proficient in identifying opportunities and implementing best practices for energy conservation and efficiency, and create incentives for further improvements.

§ 5.1006. Responsibilities of Commonwealth agencies.

 (a)  All Commonwealth agencies shall work to achieve the Goals set forth in this subchapter. In particular, all agencies shall:

   (1)  Develop policies to incorporate the strategies outlined in this subchapter to achieve the Commonwealth’s Performance Goals.

   (2)  Seek to implement new cost-effective conservation, sustainability, and efficiency strategies in order to achieve GreenGov certification. Complete and submit to the GreenGov Council (Council) a GreenGov Certification Checklist within 6 months of establishment of the certification program, and yearly thereafter.

   (3)  Cooperate with the Department of General Services to track and analyze agency utility usage through the Commonwealth’s utility bill management system.

   (4)  Establish energy and other utility performance benchmarks for all Commonwealth-owned facilities over 20,000 square feet which are cooled or heated over which the agency has jurisdiction.

   (5)  Designate an Agency Representative at the Deputy Secretary or equivalent level to attend meetings of the Council and ensure compliance and implementation of the necessary activities and measures to achieve the Goals.

   (6)  Evaluate opportunities and implement, where practical, renewable and clean energy resources, energy and resource conservation, and energy efficiency best practices at Commonwealth facilities.

   (7)  Work collaboratively to conserve energy and promote sustainable resources and best energy and resource management practices.

   (8)  Propose and support Guaranteed Energy Savings Act (‘‘GESA’’) projects for recommendation to Department where cost-effective and appropriate.

   (9)  Provide to the Council, or Department, any requested information and data needed to implement the intent of this subchapter.

   (10)  Contribute a proportional share of costs to support the Council and the annual Commonwealth Comprehensive Energy and Utility Usage Report.

 (b)  The Department of General Services:

   (1)  Coordinate with all agencies to include green building, energy conservation, and energy efficiency practices as part of any new construction and renovation projects.

   (2)  Work with all agencies to track and analyze agency utility bills through Pennsylvania’s utility bill management system.

   (3)  Provide agencies with access to current utility bill performance data.

   (4)  Benchmark Commonwealth facilities’ energy efficiency against Federal and association standards.

   (5)  Consider life cycle cost analysis in the selection of new energy sources, products, systems, and controls in conjunction with new construction and renovation projects.

   (6)  Develop and implement programs to train appropriate personnel in benchmarking, energy conservation and energy efficiency.

   (7)  Pursue and facilitate the development of new GESA projects with all Commonwealth agencies.

   (8)  Contract for an annual Commonwealth Comprehensive Energy and Utility Usage Report covering all Commonwealth agencies.

   (9)  Research, recommend, and develop vehicle fleet sustainability practices and metrics consistent with leading fleet accreditation programs.

 (c)  The Department of Environmental Protection shall:

   (1)  Provide advice and assistance to the Council and agencies in developing cost-effective conservation, sustainability, and efficiency strategies necessary to implement the requirements of this subchapter.

   (2)  On an ongoing basis, develop and recommend additional no-cost and low-cost management and conservation measures which may be implemented by the Department of General Services and Commonwealth agencies.

   (3)  Assist the Department in developing and implementing long-range management and conservation plan goals and options to be applied in Commonwealth facilities.

 (d)  The Department of Conservation and Natural Resources shall:

   (1)  Offer technical assistance and references on green building and site design, low-water landscaping, and related topics.

   (2)  Provide demonstrations of its high-performance buildings and sites and alternative energy and transportation installations and operations.

   (3)  Continue to invest in green building and sites projects on state parks and forest lands and in communities.

§ 5.1007. Independent agencies, State-affiliated entities, and State-related entities.

 Independent agencies, state-affiliated entities, and State-related agencies are encouraged to participate in the goals and provisions of this subchapter.

§ 5.1008. Effective date.

 This subchapter shall take effect immediately and shall remain in effect until amended or rescinded by the Governor.

§ 5.1009. Rescission.

 Executive Orders 1998-1 and 2004-12 are hereby rescinded.

Subchapter TTT. REDUCING GUN VIOLENCE


Sec.


5.1011.    Senior Advisor for Gun Violence Prevention.
5.1012.    Office of Gun Violence Prevention.
5.1013.    Division of Violence Prevention.
5.1014.    Violence Data Dashboard.
5.1015.    Executive agency responsibilities.
5.1016.    Special Council on Gun Violence.
5.1017.    Implementation.
5.1018.    Effective date.

Source

   The provisions of this Subchapter TTT adopted by Executive Order No. 2019-06, dated August 16, 2019, 49 Pa.B. 5102, unless otherwise noted.

§ 5.1011. Senior Advisor for Gun Violence Prevention.

 There is hereby established a Senior Advisor for Gun Violence Prevention (Senior Advisor) who will coordinate the Commonwealth’s gun reform agenda. The Senior Advisor shall be appointed by and shall serve at the pleasure of the Governor.

§ 5.1012. Office of Gun Violence Prevention.

 There is hereby established within the Pennsylvania Commission on Crime and Delinquency the Office of Gun Violence Prevention (Office), which shall work to eradicate gun violence from a public safety perspective. The Office will collaborate with the Division of Violence Prevention, coordinate a system of focused police deterrence in neighborhoods and cities where violence is most extreme and work with other Commonwealth agencies and stakeholders on community gun violence prevention and lost and stolen firearms reporting requirements for law enforcement.

§ 5.1013. Division of Violence Prevention.

 There is hereby established within the Department of Health, the Division of Violence Prevention (Division), which will work to eradicate and prevent gun violence from a public health perspective. The Division will collaborate with the Office of Gun Violence Prevention and administer the Department of Health’s new and existing violence prevention programs.

§ 5.1014. Violence Data Dashboard.

 The Department of Health will establish a Violence Data Dashboard that will collect and provide data on the scope, frequency, locations and populations affected by violence, including data on the number of victims of gun violence, rates at which gun violence occurs in locations and contributory factors. The Department of Health will coordinate with and collect data from the Department of Human Services, Pennsylvania State Police, Pennsylvania Commission on Crime and Delinquency and other Commonwealth entities.

§ 5.1015. Executive agency responsibilities.

 In addition to the foregoing, the following Commonwealth agencies will provide support to assist in understanding the causes and prevention of gun violence.

 (a)  Department of Health. In addition to establishing the Violence Data Dashboard (Dashboard), the Department of Health will establish a Suicide Death Review Team to conduct multidisciplinary reviews of suicides, provide data to the Dashboard and make recommendations to prevent future suicide-related deaths in this Commonwealth.

 (b)  Department of Human Services. The Department of Human Services will direct the Suicide Prevention Task Force to make recommendations on actions to reduce suicides by gun.

 (c)  Pennsylvania State Police. The Pennsylvania State Police will enhance and expand its efforts to identify and deter potential sources of gun violence, develop gun violence prevention training and draft guidelines for local gun buyback programs.

§ 5.1016. Special Council on Gun Violence.

 There is established within the Pennsylvania Commission on Crime and Delinquency (Commission) a Special Council on Gun Violence (Council) to study and make recommendations to reduce and prevent gun violence.

 (a)  Council responsibilities. The Council shall:

   (1)  Conduct its first meeting within 60 days of the effective date of this subchapter.

   (2)  Adopt a public health and community engagement strategy that includes gun owners, health care professionals and victims of gun-related incidents, that will provide direction, duties and responsibilities to the Office of Gun Violence Prevention.

   (3)  Review current background check processes for firearms purchasers and make recommendations for improvement.

   (4)  Review best practices and make recommendations that keep weapons from dangerous individuals.

   (5)  Identify and define strategies across Commonwealth agencies to align resources to reduce gun violence.

   (6)  Provide the Commission and the Senior Advisor for Gun Violence Prevention with recommendations to reduce incidents of community violence, mass shootings, domestic violence, suicide and accidental shootings in this Commonwealth within 180 days of the initial meeting of the Council.

 (b)  Composition.

   (1)  The Council shall consist of the following members who shall be appointed by and serve at the pleasure of the Governor. Members may appoint designees to serve on their behalf. The Governor will fill vacancies as they occur.

     (a)   Representative of the Children’s Advocacy Center Advisory Committee;

     (b)   Representative of the Criminal Justice Advisory Committee;

     (c)   Representative of the Mental Health and Justice Advisory Committee;

     (d)   Representative of the Juvenile Justice and Delinquency Prevention Committee;

     (e)   Representative of the Victims’ Services Advisory Committee;

     (f)   Representative of the School Safety and Security Committee;

     (g)   Representative of the Sheriffs and Deputy Sheriffs Education and Training Board;

     (h)   One representative from each of the four legislative caucuses of the General Assembly;

     (i)   The following Commonwealth Officials:

       (1)   Secretary of Education;

       (2)   Secretary of Health;

       (3)   Secretary of Human Services;

       (4)   State Police Commissioner;

       (5)   Executive Director of the Commission;

       (6)   Director of the Office of Homeland Security.

   (2)  The Governor may appoint ex officio members to assist the Council as needed. Ex officio members shall serve at the pleasure of the Governor.

   (3)  The Commission Chair shall head the Council and shall serve at the pleasure of the Governor.

 (c)  Council Operations.

   (1)  The Council may establish committees, rules and procedures necessary to effectively fulfill its obligations.

   (2)  A majority of the members of the Council shall constitute a quorum.

   (3)  Members of the Council may attend Council meetings in person or virtually by telephone, Skype or other electronic communications methods approved by the Council. Virtual attendance shall be considered attendance for purposes of constituting a quorum.

   (4)  The Council will receive administrative services and assistance from the Commission.

 (d)  Compensation. Members of the Council shall not receive compensation for their service on the Council, except that members may be entitled to receive reimbursement for reasonable travel costs and expenditures incurred while performing Council business in accordance with the Commonwealth’s travel and subsistence policies. The Commission will pay for the approved travel and subsistence expenses of the Council members who are not Commonwealth employees or officials. See Chapter 40 (relating to travel and subsistence).

§ 5.1017. Implementation.

 All Commonwealth agencies under the Governor’s jurisdiction are directed to take all steps necessary to implement this subchapter. Independent agencies are also strongly encouraged to implement this subchapter.

§ 5.1018. Effective date.

 This subchapter shall take effect immediately and shall remain in effect until amended or rescinded by the Governor.

Subchapter UUU. INTERAGENCY HEALTH REFORM COUNCIL


Sec.


5.1021.    Purpose.
5.1022.    Membership.
5.1023.    Procedures.
5.1024.    Interagency Health Reform Council responsibilities.
5.1025.    Interagency cooperation.
5.1026.    Reports.
5.1027.    Implementation.
5.1028.    General.
5.1029.    Effective date.

Source

   The provisions of this Subchapter UUU adopted by Executive Order No. 2020-05, dated October 2, 2020, 50 Pa.B. 5970, unless otherwise noted.

§ 5.1021. Purpose.

 The purpose of the Interagency Health Reform Council is to evaluate the potential alignment of Commonwealth health care payment and delivery systems to provide efficient, whole-person health care that also contains costs, reduces disparities and achieves better health outcomes for residents of this Commonwealth.

§ 5.1022. Membership.

 (a)  The Interagency Health Reform Council (Council) shall consist of seven members as follows:

   (1)  The Governor’s Secretary of Policy and Planning or the Secretary’s designee;

   (2)  The Secretary of Human Services or the Secretary’s designee;

   (3)  The Secretary of Health or the Secretary’s designee;

   (4)  The Insurance Commissioner or the Commissioner’s designee;

   (5)  The Secretary of Corrections or the Secretary’s designee;

   (6)  The Secretary of Aging or the Secretary’s designee;

   (7)  The Secretary of Drug and Alcohol Programs or the Secretary’s designee.

 (b)  Council Chair. The Governor shall appoint the Chair of the Council.

   (1)  The Chair shall establish an agenda, workplan, timeline and meeting schedule.

   (2)  The Chair may establish workgroups to assist the Council as appropriate. Workgroups may include advisory non-members, if approved by the Council’s chair. All workgroups shall be chaired by a member of the Council.

 (c)  To facilitate its work, the Council may confer with individuals and entities that have experience and expertise in health care oversight, health care purchasing or health care delivery in the Commonwealth.

§ 5.1023. Procedures.

 (a)  Four members in attendance at a meeting of the Interagency Health Reform Council (Council) shall constitute a quorum.

 (b)  Council members may attend meetings in person or remotely by electronic or telephonic means. In-person and remote participation shall be considered attendance for purposes of constituting a quorum.

§ 5.1024. Interagency Health Reform Council responsibilities.

 The Interagency Health Reform Council shall have the following responsibilities:

 (a)  Evaluate and recommend policies to align and integrate Commonwealth programs and activities related to health and health care such as:

   (1)  Revision and coordination of agency programs and policies as needed to support health equity for all residents of this Commonwealth.

   (2)  Incorporation of services that address the social determinants of health into the delivery of and payment for health care.

   (3)  Support of a regional health care structure that fosters collaboration among health care payers, providers and community partners.

   (4)  Alignment of value-based payment initiatives and other health care related purchasing to improve the quality of care and drive health care cost savings.

   (5)  Development of cost-growth benchmarks to foster Statewide accountability and contain health care costs.

   (6)  Enhancement of the quality of care delivered to improve health outcomes.

   (7)  Development of spending targets to increase investment in primary care and behavioral health and support whole-person health care.

   (8)  Leveraging the Commonwealth’s existing data resources as permitted by applicable law.

   (9)  Identification of potential savings associated with recommended agency alignment of resources and policies.

   (10)  Streamlining health care program oversight.

 (b)  Monitor implementation of the Commonwealth’s priorities, policies and initiatives related to enhancing health care delivery and health care cost containment.

 (c)  In the absence of legislative action, develop initial health care cost growth benchmarks by March 31, 2021, and make accompanying recommendations for development of future year cost targets.

§ 5.1025. Interagency cooperation.

 (a)  The Interagency Health Reform Council (Council) may draw resources from each Council member agency, including policy, clinical, analytic, budget and other staff, to assist the Council’s efforts.

 (b)  The Council may draw upon other Commonwealth agencies as needed to promote health in all policies.

 (c)  The Council member agencies may enter into agreements, as permitted by law, to integrate, review and analyze existing Commonwealth data across agencies, including claims and encounter data, to support evidence-based decision making.

 (d)  In the implementation of a policy developed and approved under this subchapter, affected member agencies will seek Federal approval of the policy, if necessary.

§ 5.1026. Reports.

 The Interagency Health Reform Council (Council) shall submit a report to the Governor no later than December 31, 2020, that includes proposals for the development and implementation of health care reform and identifies all policy and legislative changes needed to effectuate the Council’s proposals. The Council may submit other reports, as it deems necessary, on the identified areas of responsibility of the Council under this subchapter.

§ 5.1027. Implementation.

 All Commonwealth agencies under the Governor’s jurisdiction shall take all steps necessary to implement this subchapter.

§ 5.1028. General.

 This subchapter shall be implemented consistent with applicable law. Nothing in this subchapter shall be construed to impair or otherwise affect the authority granted by law to an executive department, agency or the head thereof. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its departments, agencies or entities, its officers, employees or agents, or any other person.

§ 5.1029. Effective date.

 This subchapter will take effect immediately and shall remain in effect unless revised or rescinded by the Governor.

Subchapter VVV. ENVIRONMENTAL JUSTICE


Sec.


5.1031.    Definitions.
5.1032.    Office of Environmental Justice.
5.1033.    Environmental Justice Advisory Board.
5.1034.    Environmental Justice Interagency Council.
5.1035.    Effective date.

Source

   The provisions of this Subchapter VVV added by Executive Order No. 2021-07, dated October 28, 2021, 51 Pa.B. 7405, unless otherwise noted.

§ 5.1031. Definitions.

 The following words and phrases, when used in this subchapter, shall have the meanings given to them in this section, unless the context clearly indicates otherwise:

   Department of Environmental Protection or DEP. The Department of Environmental Protection.

   Environmental justice. The fair treatment and meaningful involvement of all people regardless of race, color, National origin or income, with respect to the Commonwealth’s development, implementation and enforcement of environmental laws, regulations and policies.

   Secretary. The Secretary of DEP.

§ 5.1032. Office of Environmental Justice.

 (a)  Establishment. The Office of Environmental Justice (OEJ) is established within the Department of Environmental Protection.

   (1)  Director. The OEJ is headed by the Director who shall be appointed by and serve at the pleasure of the Secretary.

 (b)  Responsibilities.

   (1)  The OEJ shall make recommendations to the Secretary on the integration of environmental justice considerations throughout DEP’s programs, regulations, policies and procedures, strengthening partnerships on environmental justice among Federal, State and local government agencies and enhancing research and assessment approaches to environmental justice; coordinate the Environmental Justice Interagency Council (EJIC); and staff the Environmental Justice Advisory Board (EJAB).

   (2)  The OEJ may establish an online repository of environmental justice information and data.

   (3)  The OEJ may establish an environmental justice mapping tool to examine environmental and health impacts on vulnerable communities in this Commonwealth with additional data provided by other agencies at the request of the OEJ.

   (4)  The OEJ shall work with other DEP program offices to identify economic development opportunities, environmental benefits and funding opportunities that do, or should, consider environmental justice in the grant awarding process.

   (5)  The OEJ shall develop and publish an environmental justice strategic plan (EJ Plan) every 5 years. The EJ Plan should include recommendations for advancing environmental justice, focusing attention on the environmental and public health issues and challenges confronting the Commonwealth’s minority and low-income populations. The plan should also make recommendations on the integration of environmental justice considerations into existing DEP programs.

   (6)  The OEJ, in consultation with the EJAB, EJIC and other stakeholders, shall develop, subject to public participation requirements, a revised comprehensive environmental justice policy consistent with existing legal authority, that may include, but is not limited to the following:

     (i)   Develop a comprehensive Statewide definition of ‘‘environmental justice area,’’ ‘‘cumulative environmental impacts’’ and ‘‘disproportionate environmental impacts.’’

     (ii)   Establish criteria for environmental justice areas.

     (iii)   Develop an enhanced public participation plan for environmental justice areas potentially affected by development projects, brownfield remediation, industrial operations and commercial facilities resources, that includes outreach activities that enhance public participation opportunities in environmental justice areas, includes a plan for communicating in multiple languages, includes guidelines for scheduling public meetings at locations and times convenient for neighborhood stakeholders, and which may also include resources for expert consultation.

     (iv)   Identify economic development opportunities, environmental benefits and other discretionary funding programs that do, or appropriately should, consider the needs of an environmental justice population in the grant process.

     (v)   Develop standardized mitigation or restoration practices, or both, for consideration by applicants and permit application reviewers in the permitting or cleanup context.

§ 5.1033. Environmental Justice Advisory Board.

 (a)  Establishment. The Environmental Justice Advisory Board (EJAB) is established within the Department.

   (1)  Composition of the EJAB.

     (i)   The EJAB shall consist of no fewer than 9 and no more than 15 members of the public who are appointed by the Secretary.

     (ii)   A chairperson shall be selected by the members of the EJAB for a term of 2 years.

 (b)  Terms of membership.

   (1)  Members shall be appointed for terms of 2 years and shall continue to serve thereafter until their successors have been appointed. A member may be reappointed for one or more additional terms. Members serve at the pleasure of the Secretary.

   (2)  Should a vacancy occur on the EJAB, the Secretary will appoint a successor; and the successor shall serve the remainder of the unexpired term.

 (c)  Expenses. Members of the EJAB shall not be compensated for their services to the EJAB, but shall be entitled to reimbursement for expenses necessarily incurred in accordance with procedures established by the Commonwealth.

 (d)  Responsibilities.

   (1)  The EJAB shall make written recommendations to the Secretary concerning policies, practices, and actions that DEP may implement to advance the goals of environmental justice.

   (2)  The EJAB shall meet at least semi-annually. The EJAB may hold public meetings at its discretion for the purposes of receiving public comments and conducting inquiries concerning environmental justice.

§ 5.1034. Environmental Justice Interagency Council.

 (a)  Establishment. The Environmental Justice Interagency Council (EJIC) is established.

   (1)  Membership. The EJIC shall consist of the following members:

     (i)   The Secretary or designee;

     (ii)   The Secretary of the Department of Conservation and Natural Resources or designee;

     (iii)   The Secretary of the Department of Education or designee;

     (iv)   The Secretary of the Department of Agriculture or designee;

     (v)   The Secretary of the Department of Health or designee;

     (vi)   The Secretary of the Department of Transportation or designee;

     (vii)   The Secretary of the Department of Community and Economic Development or designee;

     (viii)   Other Cabinet members or agency heads or their designees as determined by the Governor.

 (b)  Meetings. The Secretary or designee shall convene meetings of the EJIC and serve as its Chair. The first meeting of the EJIC shall be held no later than 90 days after the effective date of this subchapter. The EJIC shall meet at least semi-annually.

 (c)  Actions. The EJIC shall act in an advisory capacity and will:

   (1)  Review and provide input and information to DEP related to the agency’s development, implementation and update of the Environmental Justice Plan (EJ Plan), including specific mechanisms for monitoring and measuring the effects of implementing the EJ Plan.

   (2)  Identify and make recommendations to the Governor’s Office to address potential disproportionate environmental impacts that State laws, regulations, policies and activities may have on Commonwealth residents in environmental justice areas.

   (3)  Recommend to executive agencies processes to incorporate environmental justice considerations into decision-making.

   (4)  Make recommendations to the Governor’s Office to ensure consistency with Federal environmental justice programs.

   (5)  Recommend a comprehensive environmental justice training plan for executive branch Commonwealth agencies.

 (d)  Strategic plan. Each EJIC member agency shall develop and post online every 5 years its own strategic plan to promote environmental justice in ways tailored to the specific agency and its authority, mission and programs.

§ 5.1035. Effective date.

 This subchapter shall take effect immediately and shall remain in effect until amended or rescinded by the Governor.

Subchapter WWW. PENNSYLVANIA LONGITUDINAL DATA SYSTEM


Sec.


5.1041.    Purpose.
5.1042.    Composition.
5.1043.    Power and duties.
5.1044.    Executive director.
5.1045.    Collaboration with other agencies.
5.1046.    Implementation.
5.1047.    General provisions.
5.1048.    Effective date.
5.1049.    Termination date.

Source

   The provisions of this Subchapter WWW added by Executive Order No. 2023-01, dated January 6, 2023, 53 Pa.B. 596, unless otherwise noted.

§ 5.1041. Purpose.

 The Pennsylvania Longitudinal Data System will bring together education and workforce data across programs and agencies to support informed decision-making and improved service delivery, program administration, and long-term education and workforce outcomes.

Cross References

   This section cited in 4 Pa. Code §  5.1043 (relating to power and duties).

§ 5.1042. Composition.

 The members of the Pennsylvania Longitudinal Data System governance board shall be appointed by the Governor and shall consist of the following:

   (1)  The Secretary of Policy and Planning or the Secretary’s designee.

   (2)  The Secretary of the Department of Labor and Industry or the Secretary’s designee.

   (3)  The Secretary of the Department of Education or the Secretary’s designee.

   (4)  The Secretary of the Department of Human Services or the Secretary’s designee.

   (5)  The Secretary of the Department of Corrections or the Secretary’s designee.

   (6)  The Secretary of Administration or the Secretary’s designee.

   (7)  The Deputy Secretary for Information Technology or the Deputy Secretary’s designee.

   (8)  The Commonwealth’s Chief Data Officer.

   (9)  The Commonwealth’s Chief Privacy Officer.

§ 5.1043. Power and duties.

 The Pennsylvania Longitudinal Data System (PALDS) governance board shall do all of the following:

   (1)  Elect annually one of the PALDS governance board’s members to serve as chair.

   (2)  Create a strategic plan to implement this subchapter.

   (3)  Establish data governance policies for the PALDS that comply with Federal and State laws and Commonwealth policy regarding data use, security and privacy.

   (4)  Identify the long-term organizational and operational needs to ensure the PALDS is sustainable and able to meet its purpose under §  5.1041 (relating to purpose).

   (5)  Meet quarterly to ensure successful implementation of the strategic plan, approve research projects and address issues identified by the PALDS management team.

§ 5.1044. Executive director.

 (a)  The Governor shall appoint an executive director to oversee the governance board’s operations and support the development, use and maintenance of the Pennsylvania Longitudinal Data System (PALDS) and who shall serve at the pleasure of the Governor. The executive director shall be an employee of the Governor’s Office of Administration and shall report to both the Secretary of Administration and the Secretary of Policy and Planning on the work of the PALDS governance board.

 (b)  The executive director shall do all of the following:

   (1)  Establish an agenda, workplan, timeline and meeting schedule for the PALDS governance board.

   (2)  Assist the PALDS governance board in fulfilling its responsibilities under this subchapter.

   (3)  Establish the PALDS management team, as authorized by the PALDS governance board with specific purposes and goals; the PALDS management team shall include, but not be limited to, agency data stewards and legal counsel from agencies that provide data to the PALDS.

   (4)  Oversee the PALDS management team. The PALDS management team shall provide recommendations on the development of the PALDS, and its ongoing operations, in compliance with legal, statutory and regulatory requirements.

   (5)  Establish cross-agency PALDS committees, if needed, to review research projects and provide recommendations to the executive director and the PALDS management team on said projects.

   (6)  Report to the PALDS governance board on a regular basis the work that is being done by the PALDS management team and any PALDS committee.

§ 5.1045. Collaboration with other agencies.

 Agencies under the Governor’s jurisdiction that maintain, collect or store early learning, K—12, higher education and workforce data, as identified by the Pennsylvania Longitudinal Data System (PALDS) governance board, shall cooperate and collaborate with the PALDS governance board, the executive director, the PALDS management team and the PALDS committees, in compliance with applicable Federal and State laws and regulations and Commonwealth policies, to support the purposes of the PALDS, including all of the following:

   (1)  Designate agency policy, legal, program, research staff and data stewards to serve as points of contact and to participate in PALDS committees.

   (2)  Review and identify available data sets and information necessary to respond to approved PALDS research projects.

   (3)  Develop a standing agency research agenda for the PALDS, which identifies and prioritizes the agency’s research projects.

   (4)  Contribute resources where possible and appropriate, which includes support in identifying sustainable internal and external funding opportunities.

   (5)  Engage with relevant early learning, K—12, higher education and workforce stakeholders, including the Pennsylvania State System of Higher Education.

§ 5.1046. Implementation.

 Agencies shall take all steps necessary to implement this subchapter to the extent permissible by law.

§ 5.1047. General provisions.

 This subchapter shall be implemented consistent with applicable law. This subchapter is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its departments, agencies or entities, its officers, employees, or agents, or any other person.

§ 5.1048. Effective date.

 This subchapter shall take effect immediately.

§ 5.1049. Termination date.

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

Subchapter XXX. PENNSYLVANIA OFFICE OF TRANSFORMATION AND OPPORTUNITY


Sec.


5.1051.    Purpose.
5.1052.    Pennsylvania Office of Transformation and Opportunity responsibilities.
5.1053.    Staffing and administration.
5.1054.    Economic Development Strategy Group.
5.1055.    Reports.
5.1056.    Responsibilities of Commonwealth agencies.
5.1057.    Compensation.
5.1058.    General provisions.
5.1059.    Effective date.

Source

   The provisions of this Subchapter XXX added by Executive Order No. 2023-05, dated January 24, 2023, 53 Pa.B. 930; corrected March 3, 2023; effective March 4, 2023, 53 Pa.B. 1156.

§ 5.1051. Purpose.

 The Pennsylvania Office of Transformation and Opportunity shall facilitate the implementation of transformational economic development projects, which will result in substantial quality job opportunities and capital investment in the Commonwealth by coordinating and expediting interagency cooperation; marshalling Federal and Commonwealth resources to maximize economic development opportunities for Pennsylvania to compete, grow and thrive in a global economy; and leveraging the role of the Governor as Chief Executive of the Commonwealth to engage the global business community on the Commonwealth’s behalf.

§ 5.1052. Pennsylvania Office of Transformation and Opportunity responsibilities.

 The Pennsylvania Office of Transformation and Opportunity shall do all of the following:

   (1)  Create a systematic process for managing economic development projects involving the resources of multiple Commonwealth agencies to facilitate project management.

   (2)  Establish and monitor the progress of additional areas of economic development project support including serving as a one-stop-shop for coordination of Commonwealth agencies; expediting Commonwealth agency permit and license reviews; and ensuring speed of business review and approval of Commonwealth economic incentive programs.

   (3)  Work in partnership with the Department of Community and Economic Development (DCED) and all relevant State agencies in reviewing Pennsylvania and Federal funding applications to ensure they maximize the opportunity to attract transformational economic development projects.

   (4)  Establish objectives and targets for the implementation of transformative economic development projects prioritized by the Governor for the Commonwealth.

   (5)  Establish and monitor time-based standards for completion of each phase of a transformative economic development project.

   (6)  Work in partnership with DCED and all relevant State agencies and coordinate with the Governor’s Action Team to ensure that thorough due diligence is performed for prioritized projects, which shall include overall economic impact of the project; the validity of its business model and likelihood of positive impact on an identified priority industry or sector; the impact on communities that have been disadvantaged and underserved; and the strength of commitments for private financing of the project.

   (7)  Work in partnership with DCED, all relevant State agencies, and the Governor to develop an overall economic development blueprint and strategy for the Commonwealth in identifying key industry and sectors where the Commonwealth has competitive advantages.

Cross References

   This section cited in 4 Pa. Code §  5.1053 (relating to staffing and administration).

§ 5.1053. Staffing and administration.

 (a)  The Governor shall appoint a Chief Transformation and Opportunity Officer of the Pennsylvania Office of Transformation and Opportunity (Office), who shall serve at the pleasure of the Governor and who shall coordinate the implementation and development of the responsibilities outlined in §  5.1052 (relating to Pennsylvania Office of Transformation and Opportunity responsibilities).

 (b)  The Chief Transformation and Opportunity Officer may hire staff, including economic development specialists, to perform the responsibilities assigned to the Office as outlined in §  5.1052.

 (c)  The Chief Transformation and Opportunity Officer shall report directly to the Governor, and the Office shall be housed within the Governor’s Office.

§ 5.1054. Economic Development Strategy Group.

 (a)  Responsibilities.

 The Economic Development Strategy Group (Strategy Group) shall advise the Governor on economic development projects and processes to attract and retain employers, recruit leaders of innovation and create quality jobs in this Commonwealth.

 (b)  Membership.

   (1)  The Strategy Group shall be chaired by the Governor, or in his absence, by the Chief Transformation and Opportunity Officer.

   (2)  The Strategy Group shall consist of the Secretary of the following agencies:

     (i)   Department of Labor and Industry.

     (ii)   Department of Community and Economic Development.

     (iii)   Department of Transportation.

     (iv)   Department of Agriculture.

     (v)   Department of Education.

     (vi)   Department of Environmental Protection.

     (vii)   Other members of the Cabinet may be added to the Strategy Group on an individual project basis at the discretion of the Governor.

§ 5.1055. Reports.

 The Pennsylvania Office of Transformation and Opportunity shall prepare and issue an annual report to the Governor with the first annual report due on December 31, 2023, and subsequent reports due on December 31st of each succeeding year.

 The annual report shall include an analysis and examination of significant economic development opportunities gained and lost by the Commonwealth within an identified time period and recommendations for improvement. The report shall be delivered to the Governor or the Governor’s designee.

§ 5.1056. Responsibilities of Commonwealth agencies.

 Commonwealth agencies under the Governor’s jurisdiction shall cooperate with and provide assistance to the Pennsylvania Office of Transformation and Opportunity with respect to its purpose and responsibilities, as set forth in this subchapter.

§ 5.1057. Compensation.

 Members of the Economic Development Strategy Group shall not receive compensation for their service thereon.

§ 5.1058. General provisions.

 Nothing in this subchapter shall be construed to impair or otherwise affect the authority granted by law to an executive department, agency, office, board, commission or council, or the head thereof. This subchapter is not intended to and does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its departments, agencies or entities, its officers, employees or agents, or any other person.

§ 5.1059. Effective date.

 This subchapter shall take effect immediately and shall remain in effect until amended or rescinded by the Governor.

Subchapter YYY. COMMONWEALTH OFFICE OF DIGITAL EXPERIENCE


Sec.


5.1061.    Definitions.
5.1062.    Purpose.
5.1063.    Responsibilities.
5.1064.    Composition of CODE PA.
5.1065.    Implementation.
5.1066.    Termination date.
5.1067.    Rescission.

Source

   The provisions of this Subchapter YYY added by Executive Order 2023-08, dated May 20, 2023, 53 Pa.B. 2688, unless otherwise noted.

§ 5.1061. Definitions.



   CIO—The Chief Information Officer of the Commonwealth.

   CODE PA—Commonwealth Office of Digital Experience.

   Digital equity—A condition in which all individuals and communities have the information technology capacity needed for full participation in our society, democracy and economy.

   Digital services—Government services delivered to users through web sites, e-mails and mobile applications; the software used by users to access services and staff to administer them; and any and all current and future digital technology.

   Discovery sprints—A methodology to quickly build a common understanding of the status and problem facing a complex organization, system or service. Discovery sprints are used to identify possible solutions, which may be considered by the people at the organization who will carry that work forward.

   Human-centered design—An interdisciplinary methodology of putting people, including those who will use or be impacted by what one creates, at the center of any process, product, service and experience to solve challenging problems.

   OA—The Office of Administration of the Commonwealth.

   OIT—The Office of Information Technology of the Commonwealth.

   Service delivery—Actions by the Commonwealth to provide a benefit or service to a user of the Commonwealth’s services or programs. These actions pertain to all points of the Commonwealth-to-user delivery process, including when a user applies for a benefit, seeks information, files taxes or complies with a regulation or law, and uses resources such as a state park.

   Technical debt—The accumulation of internal work built up from implementing potentially short-sighted solutions that do not effectively serve users.

   UX or User experience—The users’ perceptions and overall satisfaction of the interactions they have with a Commonwealth agency, product or service.

   User—Residents of this Commonwealth, businesses and visitors who access the Commonwealth’s online presence and services.

§ 5.1062. Purpose.

 CODE PA is created to improve, streamline and continuously adapt the Commonwealth’s digital services so that interactions between users and Commonwealth entities are simple, seamless and secure.

§ 5.1063. Responsibilities.

 CODE PA shall:

   (1)  Prioritize digital services that create or unlock economic opportunities for residents of this Commonwealth, including pathways to family-sustaining careers; upskilling and training opportunities; access to vital government resources or licenses, occupations and certifications; and opportunities to improve outcomes and advance equity for users.

   (2)  Be empowered to generate qualitative and quantitative research and insights about users to drive the redesign of the user experience in accordance with Commonwealth data privacy policy; iterate on new designs to transform the user experience with scalable low to extensive code solutions in accordance with Commonwealth best practices; and holistically approach these efforts with curiosity, empathy and integrity.

   (3)  Collaborate with OIT to review and assess all requests from Commonwealth agencies for new or redesigned applications to evaluate the most optimal design and development approach including those that encourage in-house development.

   (4)  Collaborate and coordinate with the Department of General Services and the OIT leadership team to study innovative procurement practices to the acquisition of digital products by and for Commonwealth agencies, to facilitate the rapid provision of high-quality digital services that are based on users’ needs and comply with Commonwealth best practices regarding data privacy, security and accessibility.

   (5)  Enable an online service delivery system that would provide a universal entry way to all Commonwealth programs, services and resources organized by users’ needs and life experiences rather than agency program areas by:

     (i)   Delivering a consistent and friendly user experience across all Commonwealth agencies informed by human-centered design principles and user research.

     (ii)   Incorporating user feedback continuously into digital applications to ensure users’ expectations and needs are better met.

     (iii)   Partnering with the OA’s Chief Data Officer and the Office of General Counsel to promote where possible the sharing and integration of data across agencies to glean users’ insights and measure experience, including satisfaction and trust across Commonwealth services.

     (iv)   Supporting the CIO’s efforts to consolidate or eliminate outdated technologies and systems that are costly or challenging to maintain, insecure or no longer impactful with the goal of minimizing or preventing the Commonwealth from incurring technical debt.

     (v)   Designing digital services that incorporate best practices regarding data privacy, security and accessibility associated with Commonwealth data, devices and materials to provide comprehensive protections and manage risk.

     (vi)   Following Commonwealth data source standards to facilitate better connections and access of user data.

   (6)  Undertake periodic discovery sprints identifying needs and opportunities, to further execute and complete the Commonwealth’s digital services modernization efforts, including but not limited to:

     (i)   A concise, user-friendly directory of all services administered by the Commonwealth that are available online.

     (ii)   A digitization of Commonwealth services so that they are available to be included in a digital ID wallet.

     (iii)   A secure, quick and efficient manner of responding to questions asked at any phase of the user experience.

     (iv)   A consistent, secure ID authentication and verification login to streamline the user experience and eliminate multiple log-in credentials.

   (7)  Promote and achieve true digital equity in the Commonwealth by:

     (i)   Adopting a human-centered design approach in which services are designed to be equitable by striving to provide accessible options to users irrespective of connectivity available to them.

     (ii)   Undertaking a review of all paper-based processes and, wherever statutorily possible, consider transitioning to a digital environment.

     (iii)   Identifying processes where in-person or paper-based service delivery would better improve accessibility for those residing in ‘‘broadband deserts’’ or otherwise unable to attain services online.

     (iv)   Utilizing digital accessibility standards throughout the user experience, including ensuring government services are written in concise and plain language.

     (v)   Offering translation in multiple languages wherever possible.

§ 5.1064. Composition of CODE PA.

 (a)  CODE PA shall be housed within the OA and led by an Executive Director, who will be an employee of OA with a dual report to the Commonwealth’s CIO and the Governor’s Director of Digital Strategy.

 (b)  The Executive Director shall be a member of the CIO’s and the Secretary of Administration’s senior executive team.

 (c)  The Executive Director shall recruit top technical talent into the Commonwealth and oversee an interdisciplinary staff which might include, by way of example, product managers; frontend and backend software developers; UX researchers and designers; service designers; content strategists; community engagement specialists; strategic procurement analysts; data scientists; and contracting specialists.

§ 5.1065. Implementation.

 (a)  This subchapter must be implemented consistent with applicable law. This subchapter is not intended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its departments, agencies or entities, its officers, employees or agents, or any other persons.

 (b)  Commonwealth agencies under the Governor’s jurisdiction shall take all steps necessary to implement this subchapter, including coordinating across agency organizational lines and responsibilities to create a unified user and digital experience for residents of and visitors to this Commonwealth. Independent agencies are also strongly encouraged to participate.

§ 5.1066. Termination date.

 This subchapter shall take effect immediately and shall remain in effect until amended or rescinded by the Governor.

§ 5.1067. Rescission.

 Effective immediately, Executive Order 2019-04, dated July 24, 2019, is hereby rescinded.

Subchapter ZZZ. PENNSYLVANIA’S MASTER PLAN FOR
OLDER ADULTS


Sec.


5.1071.    Purpose.
5.1072.    Responsibilities.
5.1073.    Commonwealth Master Plan for Older Adults.
5.1074.    Relationships with other agencies.
5.1075.    General provisions.
5.1076.    Effective date.

Source

   The provisions of this Subchapter ZZZ added by Executive Order No. 2023-09, dated May 25, 2023, 53 Pa.B. 3531, unless otherwise noted.

§ 5.1071. Purpose.

 The Pennsylvania Department of Aging (Department) shall evaluate issues facing older residents of this Commonwealth to set forth a Commonwealth Master Plan for Older Adults, which shall contain goals, objectives and initiatives that promote the health, well-being and quality of life of this Commonwealth’s aging population and shall prepare the Commonwealth to deal with the continual changes related thereto.

§ 5.1072. Responsibilities.

 (a)  The Department shall do all of the following:

   (1)  Gather data and develop a data-driven Commonwealth Master Plan for Older Adults (Master Plan) that includes a comprehensive framework of policies and programs that seek to improve and support the health, wellbeing and quality of life of this Commonwealth’s older adults.

   (2)  Identify services to older residents of this Commonwealth provided by other agencies under the Governor’s jurisdiction.

   (3)  Identify agencies under the Governor’s jurisdiction that may have information that will assist the Department in the creation of the Master Plan and gather that information, as necessary and permitted by law.

   (4)  Work in partnership with traditionally disadvantaged or underserved communities to understand their specific needs as older residents of this Commonwealth and where gaps in services may exist.

   (5)  Conduct outreach to independent State agencies, Federal, State and local partners, and where feasible, private entities to gather additional information that may assist in the development of the Master Plan, as permitted by law.

 (b)  The Pennsylvania Long-Term Care Council (Council).

   (1)  The Secretary of the Department of Aging (Secretary) may establish an executive working group (working group) to assist with the Master Plan, as deemed appropriate by the Secretary.

     (i)   The working group will consist of a multi-disciplinary team of members of the Council chosen by the Secretary or the Secretary’s designee.

     (ii)   The Secretary or the Secretary’s designee may form committees or subcommittees from the working group, as necessary, to support its goals.

     (iii)   Members of the Council may volunteer to participate in committees, subcommittees or participate, as determined and approved by the Secretary.

   (2)  The working group is responsible for assisting the Department in gathering, reviewing and studying data necessary for the Master Plan and for all of the following:

     (i)   Identifying new programs or policies that could be developed to aid older adult residents in this Commonwealth.

     (ii)   Identifying ways to eliminate barriers to advancement for older adult residents in this Commonwealth.

     (iii)   Identifying where gaps in services, programs or initiatives exist that negatively affect older adult residents in this Commonwealth.

     (iv)   Determining where coordination of existing programs can promote, improve or expand services for older adult residents in this Commonwealth.

§ 5.1073. Commonwealth Master Plan for Older Adults.

 (a)  The Department shall prepare the Commonwealth Master Plan for Older Adults (Master Plan) and present it to the Governor for his consideration on or before February 1, 2024.

 (b)  The Master Plan will set forth strategic planning over the next 10 years aimed at transforming the infrastructure and coordination of services with State agencies, as required by the Older Adult Protective Services Act (35 P.S. § §  10225.101—10225.5102), for older adult populations in this Commonwealth.

 (c)  The Master Plan shall identify goals with measurable outcomes, available resources and other items the Department believes may be necessary for achieving the goals set forth in the Master Plan.

 (d)  The Department may provide the Governor updates regarding progress on the Master Plan on a quarterly basis.

§ 5.1074. Relationships with other agencies.

 Commonwealth departments, boards, offices, commissions and other agencies under the Governor’s jurisdiction shall cooperate with and provide assistance to the Department with respect to its purpose and responsibilities, as set forth in this subchapter.

§ 5.1075. General provisions.

 Nothing in this subchapter shall be construed to impair or otherwise affect the authority granted by law to an executive department, agency, office, board, commission or council, or the head thereof. This subchapter shall be implemented consistent with applicable law. This subchapter is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its departments, agencies or entities, its officers, employees or agents, or any other person.

§ 5.1076. Effective date.

 This subchapter is effective immediately and shall remain in effect until the Commonwealth Master Plan for Older Adults is presented to the Governor for his consideration on or before February 1, 2024.



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