Section 690-106.1 - Rulemaking(a) Authority.--The board shall have the authority to promulgate regulations that are necessary or appropriate to implement the requirements of this act and to protect the health, safety and welfare of miners and other individuals in and about mines.(b) Consideration.--The board shall consider promulgating as regulations any Federal mine safety standards that are either: (1) Existing as of the effective date of this section and that are not included in interim mandatory safety standards.(2) New standards, except for standards concerning diesel equipment, promulgated after the effective date of this section.(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.(f) Topic.--Without limiting the scope of the board's authority under this section, regulations may address any of the following: (1) Revisions to an interim mandatory safety standard to address a new technology or method of mining.(2) Hazards not addressed by existing safety standards.(3) The identification of positions not listed under this act requiring a certificate of qualification.(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), the following shall apply:(1) The board is specifically authorized to promulgate regulations that the board deems appropriate, including accelerated compliance schedules and additional requirements.(2) The board shall consider promulgating regulations regarding flammability standards for conveyor belts.(3) If MSHA fails to promulgate regulations regarding emergency shelters and chambers, the board shall promulgate regulations.(4) Regulations shall be no less stringent than the Federal mine safety standards.(i) Action.--The board shall take action on the tests and evaluations performed by the mining industry under section 334(b) and (c) . (j) Fees.--The department may set reasonable interim fees pending adoption of fee regulations under this section.2008, July 7, P.L. 654, No. 55, §106.1, effective in 180 days [ 1/5/2009].