§ 690-106.1. Rulemaking
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and MiningEffective: January 5, 2009
Effective: January 5, 2009
52 P.S. § 690-106.1
§ 690-106.1. Rulemaking
(c) Regulations.--Within 250 days of the effective date of this section, the board shall begin to consider the standards under subsection (b)(1) for promulgation as regulations. If final regulations are not promulgated by the board within three years of the effective date of this section, the department may promulgate final regulations consistent with Federal standards.
(d) New standards.--Within 70 days of the effective date of new mine safety standards under subsection (b)(2), the board shall begin to consider standards for promulgation as regulations. If the regulations are not promulgated as final by the board within three years of the effective date of the promulgation of the new standards, the department may promulgate final regulations consistent with Federal standards.
(e) Justification for regulations.--Regulations shall be based upon consideration of the latest scientific data in the field, the technical feasibility of standards, experience gained under this and other safety statutes, information submitted to the board in writing by any interested person or the recommendation of any member of the board, if the board determines that a regulation should be developed in order to serve the objectives of this act.
(4) The establishment of fees for services in amounts sufficient to cover the department's costs of administering this act. The fees established by the board may be increased each year after implementation by the percentage, if any, by which the Consumer Price Index for the most recent calendar year exceeds the Consumer Price Index for the calendar year 1989. For the purposes of this paragraph, the Consumer Price Index for any calendar year shall mean the average of the Consumer Price Index for All Urban Consumers, published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year.
(g) Safety.--No regulation promulgated by the board shall reduce or compromise the level of safety or protection afforded mine workers under this act. The department may disapprove a final regulation approved by the board which the department determines would reduce or compromise the level of safety or protection afforded mine workers under this act if the department describes the basis for the disapproval.
(h) Miner Act.--With regard to the adoption of Federal standards established pursuant to the Mine Improvement and New Emergency Response Act of 2006 (Public Law 109-236, 120 Stat. 493),1 the following shall apply:
(i) Action.--The board shall take action on the tests and evaluations performed by the mining industry under section 334(b) and (c).2
Credits
2008, July 7, P.L. 654, No. 55, § 106.1, effective in 180 days [Jan. 5, 2009].
52 P.S. § 690-106.1, PA ST 52 P.S. § 690-106.1
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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