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(1) Agency:Department of State, Bureau of Professional and

Occupational Affairs, State Board of Landscape Architects

(2) Agency Number: 16A

Identification Number: 619

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IRRC Number:&£(3) Short Title:

(4) PA Code Cite:

49 Pa. Code § 15.12

(5) Agency Contacts (List Telephone Number, Address, Fax Number and Email Address):

Primary Contact: Christopher Grovich, Assistant Counsel, Department of State, State Board ofLandscape Architects(717) 783-2634

Secondary Contact: Joyce McKeever, Deputy Chief Counsel(717)783-7200

(6) Primary Contact for Public Comments (List Telephone Number, Address, Fax Number and EmailAddress) - Complete if different from #5:

(All Comments will appear on IRRC'S website)(7) Type of Rulemaking (check applicable box):

• Proposed RegulationX Final Regulation[~~] Final Omitted Regulation_ ] Emergency Certification Regulation;

O Certification by the GovernorO Certification by the Attorney General

(8) Briefly explain the regulation in clear and nontechnical language. (100 words or less)

The regulation increases the biennial renewal fees from $125 to $194 for Landscape Architects. Thenew fees are needed because the current fees, established in 1983, no longer cover the cost ofsustaining the Board's operations.

(9) Include a schedule for review of the regulation including: (Note: actual dates will be inserted whenknown). •

A. The date by which the agency must receive public comments: March 2, 2010

B. The date or dates on which public meetings or hearingswill be held:

C. The expected date of promulgation of the proposedregulation as a final-form regulation:

D. The expected effective date of the final-form regulation:

E. The date by which compliance with the final-formregulation will be required:

F. The date by which required permits, licenses or other- approvals must be obtained:

June 10,2010

No,later than March h 201.1

Upon final publication

June 1,2011

N/A

(10) Provide the schedule for continual review of the regulation.

The Board continually reviews the efficacy of its regulations, as part of its annual review processunder Executive Order 1996-1. The Board reviews its regulatory proposals at regularly scheduledpublic meetings, generally quarterly. This year, the Board is scheduled to meet on June 10, 2010;August 12, 2010; and November 10, 2010. More information can be found on the Board's website(www.dos.state.pa.us/). Additionally, the Department of State, Bureau of Finance and Operations,makes annual financial reports to the Board. With this input, the Board regularly considerswhether to amend its renewal fees.

^ ^ ^

(11) State the statutory authority for the regulation. Include specific statutory citation.

The regulatory amendment is adopted under Section 5(a) of the Landscape Architects'Registration Law, Act of January 24,1966, P L . (1965) 1527, as amended, 63 P S . §905(a).

(12) Is the regulation mandated by any federal or state law or court order, or federal regulation? Arethere any relevant state or federal court decisions? If yes, cite the specific law, case or regulation as wellas, any deadlines for action.

Yes, the Board is required by section (5)(a) of the Act (63 P S . § 904(a)) to reconcile its expensesand revenue biennially and to increase fees as needed to meet or exceed projected expenditures.

(13) State why the regulation is needed. Explain the compelling public interest that justifies theregulation. Describe who will benefit from the regulation. Quantify the benefits as completely aspossible and approximate the number of people who will benefit.

The Board is required by section (5)(a) of the Act (63 P.S. § 904(a)) to set fees to raise sufficientrevenue to meet expenditures. It is anticipated that without raising fees the Board will realize adeficit of $37,849.33 as soon as FY 2011-2012, which will continue to increase to $247,849.33 byfiscal year 2017-2018. These deficits are significant for a board with less than 1,000 licensees andannual expenditures of less than $100,000.

(14) If scientific data, studies, references are used to justify this regulation, please submit material withthe regulatory package. Please provide full citation and/or links to internet source.

This rulemaking is based upon financial reports made by the Department of State's Bureau ofFinance and Operations. This proposed rulemaking is not based upon any other scientific data,studies, or references.

(15) Describe who and how many will be adversely affected by the regulation. How are they affected?

The licensee population will bear the costs of the increased fee. There are currentlyapproximately 989 actively licensed landscape architects who will pay an additional $69 more torenew their licenses biennially. The Board does not foresee any other groups being adverselyaffected by the proposed rulemaking.

(16) List the persons, groups or entities that will be required to comply with the regulation.Approximate the number of people who will be required to comply.

Ail landscape architects seeking to renew their landscape architect license will be required to complywith this regulation. The Board estimates 989 landscape architect license renewals.

(17) Provide a specific estimate of the costs and/or savings to the regulated community associated withcompliance, including any legal, accounting or consulting procedures which may be required. Explainhow the dollar estimates were derived.

The increased costs to the regulated community will be $69 for each biennial renewal period or$34.50 per year. There are no other costs or savings to the regulated community associated withcompliance with the proposed rulemaking.

(18) Provide a specific estimate of the costs and/or savings to local governments associated withcompliance, including any legal, accounting or consulting procedures which may be required. Explainhow the dollar estimates were derived.

There are no costs or savings to local governments associated with compliance with the proposedrulemaking.

(19) Provide a specific estimate of the costs and/or savings to state government associated with theimplementation of the regulation, including any legal, accounting, or consulting procedures which maybe required. Explain how the dollar estimates were derived.

The Board will not incur an increase in administrative costs by implementing the rulemaking.Indeed, the regulatory amendment will permit the Board to recoup the costs of its operations.There are no other costs or saving to state government associated with compliance with theproposed rulemaking.

(20) In the table below, provide an estimate of the fiscal savings and costs associated withimplementation and compliance for the regulated community, local government, and state governmentfor the current year and five subsequent years.

SAVINGS:

Regulated Community

Local Government

State Government

Total Savings

COSTS:

Regulated Community

Local Government

State Government

Total Costs

REVENUE LOSSES:

Regulated Community

Local Government

State Government

Total Revenue Losses

CurrentFY

$

N/A

0

0

N/A

FY+1Year

$

N/A

$68,241

$68,241

N/A

H$

N/A

0

• °

N/A

$

N/A

$68,241

$68,241

N/A

$

N/A

0

0

N/A

H$

N/A

$68,241

$68,241

N/A

(20a) Provide the past three year expenditure history for programs affected by the regulation.

Program

State Board of LandscapeArchitect

FY 06-07Actual

$60,015.63

FY 07-08

$77,691.27

F Y - 1FY 08-09Budgeted$105,500

Current FYFY 09-10Budgeted$109,000

(21) Explain how the benefits of the regulation outweigh any cost and adverse effects.

The regulatory amendment is mandated by section 5(a) of the Act (63 P.S. § 904(a)) and isnecessary to assure the fiscal integritj of the Board.

(22) Describe the communications with and input from the public and any advisory council/group in thedevelopment and drafting of the regulation. List the specific persons and/or groups who were involved.

Because the reconciliation of its budget is an administrative function for which public input is notrequired, the Board did not solicit input from or provide an exposure draft of this proposedrulemaking to interested parties. However, the Board received the various financial reports anddiscussed possible renewal fee increases in public session at meetings routinely attended bymembers of the regulated community and their professional associations. In addition, the Boardpublished notice of the proposed rulemaking in the Pennsylvania Bulletin on January 30, 2010.(40 Pa.B. 623) No public comments were received.

(23) Include a description of any alternative regulatory provisions which have been considered andrejected and a statement that the least burdensome acceptable alternative has been selected.

The Board carefully considered reports and recommendations from the Department's Bureau ofFinance and Operations in this proposed rulemaking. The Board concludes that this proposedrulemaking is the least burdensome acceptable alternative.

(24) Are there any provisions that are more stringent than federal standards? If yes, identify the specificprovisions and the compelling Pennsylvania interest that demands stronger regulations.

There are no federal licensure standards.

(25) How does this regulation compare with those of other states? How will this affect Pennsylvania'sability to compete with other states?

This regulation will not put Pennsylvania licensees at a competitive disadvantage with otherstates, as the new fee is comparable to those in surrounding states. For example, in West Virginia,the annual renewal fee is $100 (which would equate to $200 biennially). In New Jersey the biennialrenewal fee is $160 and in Ohio it is $125. The biennial renewal fee for landscape architects inVirginia is $110.00; and in Maryland it is $68. In New York the triennial renewal fee is $200(which would equate to approximately $ 133 biennially). These comparisons are not necessarilyhelpful because of the vastly differing regulatory schemes in the various states. For example, somestates (New York, Maryland, Ohio and West Virginia) have separate boards governing onlylandscape architects. In Virginia, the Board that regulates landscape architects also regulatesarchitects, professional engineers, land surveyors and interior design professionals. In NewJersey, the practice of landscape architecture is regulated by the Landscape ArchitectExamination and Evaluation Committee of the State Board of Architects. In addition, in somestates the Board sets the fees, in other states the fees are set by the agency that houses the boards.A survey of 47 states that regulate landscape architects indicates fees ranging from $60 (Illinois -$30 annual renewal fee) to $610 (Texas - $305 annual renewal fee) with an average biennialrenewal fee of $220. The Board does not believe the increased fee of $194 will put Pennsylvanialandscape architects at a competitive disadvantage.

(26) Will the regulation affect any other regulations of the promulgating agency or other state agencies?If yes, explain and provide specific citations.

The proposed regulation would not affect other regulations of the Board or other state agencies.

(27) Submit a statement of legal, accounting or consulting procedures and additional reporting,recordkeeping or other paperwork, including copies of forms or reports, which will be required forimplementation of the regulation and an explanation of measures which have been taken to minimizethese requirements.

This proposed rulemaking would not require any additional recordkeeping or other paperwork.

(28) Please list any special provisions which have been developed to meet the particular needs ofaffected groups or persons including, but not limited to, minorities, elderly, small businesses, andfarmers.

The Board has perceived no special needs of any subset of its applicants or licenses for whomspecial accommodations should be made.

FACE SHEETFOR FILING DOCUMENTS

WITH THE LEGISLATIVE REFERENCE BUREAU

(Pursuant to Commonwealth Documents Law) JUl 29 A © M

DO NOT WRITE IN THIS SPACE

Copy below is hereby approved as toform and legality. Attorney General

(DEPUTY ATTORNEY GENERAL)

DATE OF APPROVAL

Copy below is hereby certified to be a true and correctcopy of a document issued, prescribed or promulgated by

State Board of Landscape Architects

(AGENCY)

DOCUMENT/FISCAL NOTE NO. 16A-619

DATE OF ADOPTION:

Chairperson(EXECUTIVE OFFICER, CHAIRMAN OR SECRETARY)

[ ] Check if applicableCopy not approved.Objections attached.

[ ] Check if applicable. No AttorneyGeneral approval orobjection within 30 dayafter submission.•

Copy below is approved asto form and legality.Executive.or Independent

x%^2_

DATE OF APPROVAL

(Deputy General Counsel

Strike inapplicable

FINAL RULEMAKINGCOMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF STATEBUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS

STATE BOARD OF LANDSCAPE ARCHITECTS49 PA. CODE § 15.12

FEES - LANDSCAPE ARCHITECT

16A-619 - FeesFinal Preamble

April 20,2010

The State Board of Landscape Architects (Board) hereby amends §15.12 (relating to fees) toread as set forth in Annex A. The amendment increases the biennial license renewal fees forlandscape architects from $ 125 to $ 194.

Effective Date

The amendment will be effective upon publication of the final rulemaking in thePennsylvania Bulletin. The new biennial renewal fees will take effect for the biennial periodcommencing June 1, 2011.

Statutory Authority

Section 5(a) of the Landscape Architect Law (act) (63 P.S. § 905(a)) requires the Board toincrease fees by regulation to meet or exceed projected expenditures if the revenues raised by fees,fines and civil penalties are not sufficient to match expenditures over a 2-year period.

Background and Need for Amendment

Under Section 5(a) of the act (63 P.S. § 905(a)), the Board is required by law to support itsoperations from the revenue it generates from fees, fines and civil penalties. In addition, the actprovides that the Board must increase fees if the revenue raised by fees, fines and civil penalties isnot sufficient to meet expenditures over a 2-year period. The Board raises virtually all of its revenuethrough biennial renewal fees. The biennial renewal fee has not been increased since 1983.

At the March 12, 2009, Board meeting the Department of State's Bureau of Finance andOperations (BFO) staff presented a summary of the Board's revenue and expenses for fiscal years2006-2007 and 2007-2008, andprojectedrevenue and expenses through 2017-2018. BFO projectsthat, without an increase to the biennial renewal fee, the Board will incur significant deficits. BFOrecommended that the Board raise fees to meet or exceed projected expenditures, in compliance withsection 5 (a) of the act. As a result, the Board voted to increase the biennial renewal fee from $ 125 to$ 194. BFO anticipates that the proposed new biennial renewal fees will enable the Board to avoidthe projected deficits and meet its estimated expenditures for years to come. The Board has a stablepopulation base of just under 1,000 Landscape Architects and a low adjudicator/ docket.

Notice of the proposed rulemaking was published on January 30, 2010, at 40 Pa.B. 623,requesting public comments within 30 days. No public comments were received. On March 10,2010, the House Professional Licensure Committee submitted a comment to the Board. The SenateConsumer Protection and Professional Licensure Committee submitted no comments. On March 31,2010, the Board received a letter from the Independent Regulatory Review Commission indicatingthat it had no objections, comments or recommendations to offer on the proposal.

16A-619 - FeesFinal Preamble

April 20, 2010

Comment and the Board's Response

The House Professional Licensure Committee asked for the Board's rationale for the 55%increase in the biennial renewal fee for landscape architects when there has been no change in theamount of the fee in 27 years. The Board's response is simply that until now, a fee increase was notnecessary because the Board has consistently had a positive balance in its account at the end of eachfiscal year which was adequate to fund the Board's operations for the next fiscal year, even withoutconsidering the projected revenue for the next fiscal year. At the end of fiscal year 2007-2008, thebalance was $99,650.67; and at the end of fiscal year 2008-2009, the balance was $99,150.67. TheBoard's annual budget is approximately $90,000, so no increase was indicated in that at the end ofeach of these years, there was enough money to operate for the next fiscal year without a feeincrease. However, at the end of fiscal year 2009-2010, BFO is projecting a balance of only$10,150.67. Further, BFO is projecting that without a fee increase, the Board is facing a deficit of$37,850 at the end of fiscal year 2011-2012. This amount is significant given the Board's annualbudget of approximately $90,000. Thus, it is necessary to have a fee increase in effect by fiscal year2011-2012 to avoid a deficit situation.

The Board voted to adopt a one time increase from $125 to $194 to be effective with the2011 renewal because it would avoid the projected deficit and put the Board back on firm financialground with projected positive balances in its account for the foreseeable future. Going forward, theBoard estimates biennial revenue of approximately $212,000 ($189,000 in renewal years and$23,000 in non-renewal years). This amount will be sufficient to fund the Board's biennialexpenditures, which are projected to be approximately $ 180,000 to $200,000. These amounts are inkeeping with the Board's legislative mandate that revenues received from fees, fines and civilpenalties be sufficient to cover expenditures over a 2-year period.

In addition, the Board felt strongly that an increase that amounts to $34.50 per year would notbe overly burdensome for landscape architects. A survey of 47 other states' renewal fees forlandscape architects indicates a range from a low of $60 (Illinois $30 annual renewal fee) to a high of$610 (Texas $305 annual renewal fee), with an average of $220 for biennial renewal. Therefore, theBoard does not believe a $194 biennial renewal fee will put Pennsylvania landscape architects at acompetitive disadvantage, while it will provide the Board sufficient revenue to fund its activitieswithout the need for another increase for years to come.

Fiscal Impact

The amendment will increase the biennial renewal fee for landscape architects by $69 or$34.50 per year. There are currently 989 actively licensed landscape architects that will be expected'to pay the increased biennial renewal fee. The proposed regulation should have no other fiscal impacton the private sector, the general public or political subdivisions.

16A-619 - FeesFinal Preamble

April 20, 2010Paperwork Requirements

The proposed regulation will require the Board to alter some of its forms to reflect the newbiennial renewals fees; however, the proposed regulations should not create additional paperwork forthe private sector.

Sunset Date

The act requires the Board to monitor its revenue and costs on a fiscal year and biennial basis.Therefore, no sunset date has been assigned.

Regulatory Review

Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on January 14,2010,the Board submitted a copy of the notice of proposed rulemaking, published at 40 Pa.B.623 (onJanuary 30, 2010), to the House Professional Li censure Committee (HPLC), the Senate ConsumerProtection and Professional Licensure Committee (SCP/PLC) and the Independent RegulatoryReview Commission (IRRC) for review and comment.

No public comments were received, nor did the SCP/PLC or IRRC submit comments. Inpreparing the final rulemaking, the Board considered the comment submitted by the HPLC.

Under section 5.1Q.2) of the Regulatory Review Act (71 P.S. § 745.5a(j.2)), this final-formregulation was approved by the HPLC on , and deemed approved by SCP/PLC on

. Under section 5(g) of the Regulatory Review Act (71 P.S. § 745.5(g)), the finalregulation was deemed approved by IRRC on .

Contact Person

Further information may be obtained by contacting Christopher Grovich, Board Counsel,State Board of Landscape Architects, P.O. Box 2649, Harrisburg, PA 17105-2649.

Findings

The State Board of Landscape Architects finds that:

(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act ofJuly 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202) and the regulations promulgatedthereunder, 1 Pa. Code §§ 7.1 and 7.2.

16A-619 - FeesFinal PreambleApril 20, 2010

(2) A public comment period was provided as required by law and no public commentswere received.

(3) This final-form ralemaking is necessary and appropriate for administering andenforcing the authorizing act identified this Preamble.

The State Board of Landscape Architects, acting under its authorizing statutes, orders

(a) The regulations of the Board, 49 Pa. Code Chapter 15, § 15.12 (relating to fees), areamended to read as set forth in Annex A.

(b) The Board shall submit this order and Annex A to the Office of General Counsel and theOffice of Attorney General as required by law.

(c) The Board shall certify this order and Annex A and deposit them with the LegislativeReference Bureau as required by law.

(d) This order shall take effect on publication in the femmy/wmza JWZefm,

James W. Barnes, LAChairperson

16A-619 - FeesFinal Annex

April 20, 2010ANNEX A

TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS

PART I. DEPARTMENT OF STATE

Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS

CHAPTER 15. STATE BOARD OF LANDSCAPE ARCHITECTS

~k -k •* * *k

APPLICATION PROCEDURES

§15.12. Fees.

Following is the schedule of fees charged by the Board:

* * * * *

Biennial registration fee $[125]194

LIST OF PUBLIC COMMENTATORSSTATE BOARD OF LANDSCAPE ARCHITECTS

16A-619 - BIENNIAL RENEWAL FEES

There were no public comments received on the subject regulation.

PROPOSED RULEMAK1NGDEPARTMENT OFENVIRONMENTAL

PROTECTION[ 25 PA. CODE CK. 78 ]

Oil and Gas Wells

The Department of Environmental Protection (Depart-ment) is soliciting comments on proposed changes to itsregulations for the construction of oil and gas wells. Theupdated casing and cementing requirements will providean increased degree of protection for both public andprivate water supplies.

The proposed rulemaking would incorporate and updateexisting requirements, with modifications regarding thedrilling, casing, cementing, testing, monitoring and plug-ging of oil and gas wells, and the protection of watersupplies. The amended sections are §§ 78.1. 78.51, 78.52.78.71—78.73, 78.81—78.85, 78.88 and 78.89, 78.91—78.96and 78.122. The proposed modifications include updatedmaterial specifications and performance testing and re-vised design, construction, operational monitoring, plug-ging, water supply replacement, and gas migration re-porting requirements. With this proposed rulemaking, theDepartment is adding additional measures that willfurther minimize the concerns associated with gas migra-

While there is no legal requirement to provide anopportunity to comment upon the Department's recom-mendations for proposed rulemaking prior to submissionto the Environmental Quality Board (Board), the Depart-ment believes further discussion would serve the publicinterest in this instance. A copy of the draft proposedregulations is available on the Department's web site, atwww.depweb.state.pa.us (DEP Keyword: "Oil and Gas") orby contacting the Bureau of Oil and Gas Management at(717) 772-2199. Following the Department's considerationof the public comments on this proposal the Departmentwill summarize the comments and responses and submitan official proposed rulemaking to the Board. Additionalpublic comments will be solicited following approval bythe Board.

Written Comments: Interested persons are invited tosubmit comments, suggestions or objections regarding theproposed amendments to the Bureau of Oil and GasManagement, P. 0. Box 8765, Harrisburg, PA 17105-8765(express mail: Rachel Carson State Office Building, 5thFloor, 400 Market Street, Harrisburg, PA 17101-2301).Comments submitted by facsimile will not be accepted.Comments, suggestions or objections must be received bythe Department by March 2, 2010.

Electronic Comments-. Comments may be submittedelectronically to the Department at ra-epoilandgas@state.pa.us and must also be received by the Departmentby March 2, 2010. A subject heading of the proposal and areturn name and address must be included in eachtransmission. If the sender does not receive an acknowl-edgement of electronic comments within 2 working days,the comments should be retransmitted to ensure receipt.

Persons in need of accommodations as provided for inthe Americans With Disabilities Act of 1990 shouldcontact the Department at (717) 787-4526 or through the

Pennsylvania AT&T Relay Service at (800) 654-5984(TDD) to discuss how the Department can best accommo-date their needs.

JOHN HANGER,Secretary

IPa.B. Dot.-. No. 10-183. Filed lor public inspection January 29. 2010, 9:00 a.m.I

STATE BOARD OFLANDSCAPE ARCHITECTS

[49 PA. CODE CH. 15]Fees—Landscape Architect

The State Board of Landscape Architects (Board) pro-poses to amend § 15.12 (relating to fees) to read- as setforth in.Annex A. The proposed rulemaking would in-crease the biennial license renewal fees for landscapearchitects from $125 to $194.

E#ecz%ue DoZe

The proposed rulemaking will be effective upon publica-tion of the fiiial-form rulemaking in the PennsylvaniaBulletin. The new biennial renewal fees will take effectfor the biennial period commencing June 1. 2011.Statutory Authority

Section 5(a) of the Landscape Architects' RegistrationLaw (act) (63 P. S. § 905(a)) requires the Board toincrease fees by regulation to meet or exceed projectedexpenditures if the revenues raised by fees, fines and civilpenalties are not sufficient to match expenditures over a2-year period:Background and Need, for Amendment

Under section 5(a) of the act, the Board is required bylaw to support its operations from the revenue it gener-ates from fees, fines and civil penalties. In addition, theact provides that the Board must increase fees if therevenue raised by fees, fines and civil penalties is notsufficient to meet expenditures over a 2-year period, TheBoard raises virtually all of its revenue through biennialrenewal fees. The biennial renewal fee has not beenincreased since 1983. It currently stands at $125.

At the March 12. 2009. Board meetings the Departmentof State's Bureau of Finance and Operations (BFO) staffpresented a summary of the Board's revenue and ex-penses for Fiscal Years (FY) 2006-2007 and 2007-2008,and projected revenue and expenses through 2017-2018.BFO projects that, without an increase to the biennialrenewal fee. the Board will incur a dencit of $37,849.33 inFY 2011-2012, a dencit of $22,849.33 in FY 2012-2013. adeficit of $95,849.33 in FY 2013-2014. a deficit of$86,849.33 in FY 2014-2015. a deficit of $165,849.33 inFY 2015-2016. a deficit of $162,849.33 in FY 2016-2017,and a dencit of $247,849.33 in FY 2017-2018. Thesedeficits are significant for a Board that has less than1.000 licensees, and annual expenditures of less than$100,000 most years. BFO recommended that the Boardraise fees to meet or exceed projected expenditures, incompliance with section 5(a) of the act. As a result, theBoard voted to increase the biennial renewal fee from

PENNSYLVANIA BULLETIN, VOL. 40, NO. 5, JANUARY 30, 2010

PROPOSED RULEMAKfNG

£125 to $194. BPO anticipates that the proposed newbiennial renewal fees will enable the Board to avoid theprojected deficits and meet its estimated 'expenditures foryears to come. The Board has a stable population base oflandscape architects and a low adjudicatory docket.Z)escr/p^07? o f Proposed A77tC7%d7?%C7if6

Based upon the previous expense and revenue esti-mates provided to the Board, the Board proposes toamend § 15.12 to increase the fee for biennial renewal oflicenses for landscape architects from $125 to $194.Fiscal Impact

The proposed rulemaking will increase the biennialrenewal fee for landscape architects by $69 or approxi-mately $35 per year. There are currently 989 actively-licensed landscape architects. The proposed, rulemakingshould have no other fiscal impact on the private sector,the general public or political subdivisions.Paperwork Requirements

The proposed rulemaking will require the Board toalter some of its forms to reflect the new biennialrenewals fees; however., the proposed rulemaking shouldnot create additional paperwork for the private sector.Sunset Date

The act requires the Board.to monitor its revenue andcosts on a FY and biennial basis. Therefore, no sunsetdate has been assigned.Regulatory Review

Under section 5(a) of the Regulatory Review Act (71P. S. § 745.5(a)), on January 14, 2010, the Board submit-ted a copy of this proposed rulemaking and a copy of aRegulatory Analysis Form to the Independent RegulatoryReview Commission (IRRC) and to the Senate ConsumerProtection and Professional Licensure Committee and theHouse Professional Licensure Committee. A copy of thismaterial is available to the public upon request.

Under section 5(g) of the Regulatory Review Act, IRRCmay convey any comments, recommendations or objec-tions to the proposed rulemaking within 30 days of the

close of the public comment period. The comments, recom-mendations or objections must specify the regulatoryreview criteria that have not been met. The RegulatoryReview Act specifies detailed procedures for review, priorto final publication of the rulemaking. by the Board, theGeneral Assembly and the Governor of any comments,recommendations and objections raised.PU-b/AC CO77%7?%C7t/

Interested persons are invited to submit written com-ments, suggestions or objections regarding this proposedrulemaking to Christopher Grovich, Board Counsel, StateBoard of Landscape Architects, R 0. Box 2649. Harris-burg, PA 17105-2649, within 30 days following publicationof this proposed rulemaking in the Pennsylvania Bulletin.

JAMES W. BARNES, L. A..CAa 77^27^07?

Fiscal Note: 16A-619. No fiscal impact; (8) recom-mends adoption.

Annex ATITLE 49. PROFESSIONAL AND VOCATIONAL

STANDARDSPART I. DEPARTMENT OF STATE

Subpart A. PROFESSIONAL AND OCCUPATIONALAFFAIRS

CHAPTER 15. STATE BOARD OF LANDSCAPEARCHITECTS

APPLICATION PROCEDURES5 15.12. Fees.

Following is the schedule of fees charged by the Board:

Biennial registration fee $ [ 125 ] 194* * * :|: :|:

IPa.B. Doc. No. 10-184. Filed for public inspection January 29, 2010, 9:00 a.m.I

PENNSYLVANIA BULLETIN, VOL 40, NO. 5, JANUARY 30, 2010

COMMONWEALTH OF PENNSYLVANIADEPARTMENT OF STATE

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS

STATE BOARD OF LANDSCAPE ARCHITECTSPost Office Box 2649

Harrisburg, Pennsylvania 17105-2649(717) -772-8528

July 29, 2010

The Honorable Arthur Coccodrilli, ChairmanINDEPENDENT REGULATORY REVIEW COMMISSION14th Floor, Harristown 2, 333 Market StreetHarrisburg, Pennsylvania 17101

Re: Final RegulationState Board of Landscape Architects16A-619: Fees

Dear Chairman Coccodrilli:

Enclosed is a copy of a final rulemaking package of the State Board of Landscape Architectspertaining to Fees.

The Board will be pleased to provide whatever information the Commission may requireduring the course of its review of the rulemaking.

Sincerely,

JamelTW. Barnes, LA* CKai^erState Board of Landscape Architects

JWB/CPG:pahEnclosurecc: Basil L. Merenda, Commissioner

Bureau of Professional and Occupational AffairsSteven V. Turner, Chief CounselDepartment of State

Joyce McKeever, Deputy Chief CounselDepartment of State

Cynthia Montgomery, Regulatory CounselDepartment of State

Christopher P. Grovich, CounselState Board of Landscape Architects

State Board of Landscape Architects

TRANSMITTAL SHEET FOR REGULATIONS SUBJECT TO THEREGULATORY REVIEW ACT

I.D. NUMBER:

SUBJECT:

AGENCY:

16A-619

FEES - LANDSCAPE ARCHITECT

DEPARTMENT OF STATESTATE BOARD OF LANDSCAPE ARCHITECTS

TYPE OF REGULATION

Proposed Regulation

X Final Regulation

Final Regulation with Notice of Proposed Rulemaking Omitted

120-day Emergency Certification of the Attorney General

120-day Emergency Certification of the GovernorDelivery of Tolled Regulationa. With Revisions b. Without Revisions

>

li

DATE SIGNATURE

If^/PL

^yjuj^h

FILING OF REGULATION

DESIGNATION

HOUSE COMMITTEE ON PROFESSIONAL LICENSURE

MAJORITY CHAIRMAN MM hag I ' P ; McGeeRan

(A )A JAKJA J

^\lb ^ CiMpt^

SENATE COMMITTEE ON CONSUMER PROTECTION &PROFESSIONAL LICENSURE

MAJORITY CHAIRMANRobert M. Tomlinsnn

INDEPENDENT REGULATORY REVIEW COMMISSION

ATTORNEY GENERAL (for Final Omitted only)

LEGISLATIVE REFERENCE BUREAU (for Proposed only)

July 20, 2010