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PRINTER'S NO. 1044
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
911
Session of
2017
INTRODUCED BY ROTHMAN, PHILLIPS-HILL, GROVE, PICKETT, BAKER,
MACKENZIE, WARD, BLOOM, KAUFFMAN, TALLMAN, IRVIN, A. HARRIS,
GABLER, SAYLOR, SIMMONS, DUSH, ZIMMERMAN AND JAMES,
MARCH 21, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 21, 2017
AN ACT
Amending the act of June 25, 1982 (P.L.633, No.181), entitled,
as reenacted, "An act providing for independent oversight and
review of regulations, creating an Independent Regulatory
Review Commission, providing for its powers and duties and
making repeals," further providing for definitions; and
providing for economically significant regulations and for
abrogation of regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of June 25, 1982 (P.L.633,
No.181), known as the Regulatory Review Act, is amended by
adding a definition to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Economically significant regulation." A regulation with an
aggregate direct cost or aggregate indirect cost that exceeds
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$1,000,000.
* * *
Section 2. The act is amended by adding sections to read:
Section 5.3. Economically significant regulations.
(a) Each regulation submitted by an agency under section 5.1
shall include a fiscal note prepared by the Office of the Budget
under section 612 of the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929. The following shall
apply:
(1) The fiscal note must contain an examination of the
aggregate direct cost and aggregate indirect cost associated
with the regulation for the first five years following
implementation of the regulation.
(2) The Office of the Budget shall notify each
committee if the regulation is an economically significant
regulation.
(3) Within five days of completion of a fiscal note for
the regulation, the Office of the Budget shall notify the
President pro tempore of the Senate and the Speaker of the
House of Representatives of the regulation and provide a copy
of the fiscal note to each member of the General Assembly.
(b) After receiving notice under subsection (a)(3), the
Senate and the House of Representatives shall review the final-
form regulation at an informational hearing and provide the
agency that submitted the regulation with an opportunity to
provide testimony on the necessity for regulation to fulfill the
intent of the authorizing statute in accordance with the
following:
(1) The President pro tempore of the Senate shall direct
a committee with oversight jurisdiction of the agency to hold
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an informational hearing.
(2) The Speaker of the House of Representatives shall
direct a committee with oversight jurisdiction of the agency
to hold an informational hearing.
(c) If, within 15 legislative days or 90 calendar days,
whichever is later, after the committees with oversight
jurisdiction have been directed to hold an informational hearing
under subsection (b), the final-form regulation is not approved
by a majority vote of the Senate and the House of
Representatives, the regulation shall be deemed rejected and the
agency shall be barred from promulgating the regulation.
Section 8.2. Abrogation of regulations.
The General Assembly may adopt a concurrent resolution
abrogating a regulation.
Section 3. This act shall apply to any regulation prepared
in final form on or after the effective date of section 5.3 of
this act.
Section 4. This act shall take effect in 60 days.
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