PRIOR PRINTER'S NO. 608
PRINTER'S NO. 886
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
561
Session of
2017
INTRODUCED BY DiSANTO, SCARNATI, CORMAN, AUMENT, EICHELBERGER,
FOLMER, HUTCHINSON, MARTIN, RAFFERTY, RESCHENTHALER,
SCAVELLO, STEFANO, WAGNER, WARD, WHITE AND BROOKS,
MARCH 28, 2017
AS AMENDED ON SECOND CONSIDERATION, MAY 24, 2017
AN ACT
Amending the act of June 25, 1982 (P.L.633, No.181), entitled,
as reenacted and amended, "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, for proposed regulations and procedures for
review and for final-form regulations and final-omitted
regulations and procedures for review; and providing for
concurrent resolution required for economically significant
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 that, if
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promulgated and implemented, may reasonably be expected to
result in direct or indirect cost to the Commonwealth, to its
political subdivisions and to the private sector in excess of
$1,000,000 on an annual basis.
* * *
Section 2. Sections 5(a)(4) and 5.1(l) of the act are
amended to read:
Section 5. Proposed regulations; procedures for review.
(a) On the same date that an agency submits a proposed
regulation to the Legislative Reference Bureau for publication
of notice of proposed rulemaking in the Pennsylvania Bulletin as
required by the Commonwealth Documents Law, the agency shall
submit to the commission and the committees a copy of the
proposed regulation and a regulatory analysis form which
includes the following:
* * *
(4) Estimates of the direct and indirect costs to the
Commonwealth, to its political subdivisions and to the
private sector. [Insofar as the proposed regulation relates
to costs to the Commonwealth, the agency may submit in lieu
of its own statement the fiscal note prepared by the Office
of the Budget pursuant to section 612 of the act of April 9,
1929 (P.L.177, No.175), known as "The Administrative Code of
1929."] The estimates shall be verified by the Independent
Fiscal Office prior to the agency submitting them to the
commission.
* * *
Section 5.1. Final-form regulations and final-omitted
regulations; procedures for review.
* * *
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(l) Except for emergency-certified regulations adopted under
section 6(d), an agency may not promulgate a regulation until
completion of the review provided for in this act[.] and, if the
regulation is an economically significant regulation, the
General Assembly adopts a concurrent resolution under section
7.2.
Section 3. The act is amended by adding a section to read:
Section 7.2. Concurrent resolution required for economically
significant regulations.
(a) If the commission issues an order to approve a final-
form regulation or final-omitted regulation that is an
economically significant regulation or if the agency decides to
proceed with a regulation the commission disapproved AS SET
FORTH IN SECTION 7(B) OR (C) , the agency shall submit a copy of
the order and, if applicable, the agency response to THE
COMMISSION AND TO the Senate and the House of Representatives
and shall request a concurrent resolution approving the order OR
REGULATION . The Senate and the House of Representatives shall
each have 30 calendar days or 10 legislative days, whichever is
longer, from the date on which the agency requested the
concurrent resolution TO ADOPT TH E CONCURRENT RESOLUTION . If the
General Assembly does not adopt the concurrent resolution in the
time prescribed in this subsection, the final-form regulation or
final-omitted regulation shall be deemed not approved and such
regulation shall not take effect.
(b) This section shall not apply to emergency-certified
regulations adopted under section 6(d).
Section 4. This act shall apply to any regulation prepared
in final form on or after the effective date of this section.
Section 5. This act shall take effect in 60 days.
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