THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BENNINGHOFF, CAUSER, D. COSTA, GILLEN, GOODMAN, GRELL, GROVE, HEFFLEY, HUTCHINSON, KAUFFMAN, M.K. KELLER, KORTZ, MURT, PICKETT, PYLE, RAPP AND GABLER, FEBRUARY 9, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 9, 2011  

AN ACT

Prohibiting the Department of Conservation and Natural Resources

from promulgating certain rules and regulations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Conservation

and Natural Resources Regulatory Restriction Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Conservation and Natural Resources Act."  The act of June

28, 1995 (P.L.89, No.18), known as the Conservation and Natural

Resources Act.

"Department."  The Department of Conservation and Natural

Resources of the Commonwealth.

Section 3.  Rules and regulations prohibited.

(a)  General rule.--Notwithstanding any other provision of

law to the contrary, the department may not promulgate rules or

regulations under the Conservation and Natural Resources Act.

(b)  Nonapplicability.--The provisions of subsection (a)

shall not apply to a rule or regulation required to comply with

a Federal law or court order.

Section 4.  Procedure for necessary amendments.

(a)  Notification of necessary amendment.--In those instances

where the department finds it necessary to amend an existing

rule or regulation promulgated under the Conservation and

Natural Resources Act, the department shall submit written

notification to the chairman and minority chairman of the

Environmental Resources and Energy Committee of the Senate and

the chairman and minority chairman of the Environmental

Resources and Energy Committee of the House of Representatives.

This notification shall include a description of the amendment,

the rationale for the amendment and a timetable, if applicable,

for implementation of the amendment.

(b)  Legislative approval required.--

(1)  Each committee that receives a notification under

subsection (a) shall, within 90 days of receipt of the

notification, consider the proposed amendment.

(2)  In the event that one of the committees approves the

amendment, the chairman of that committee shall introduce a

concurrent resolution in that house to approve the amendment.

(3)  If the concurrent resolution is not approved by both

houses, the amendment sought by the department shall not have

the force and effect of law.

(c)  Applicability of Regulatory Review Act.--A rule or

regulation approved by concurrent resolution under this section

shall not be subject to the act of June 25, 1982 (P.L.633,

No.181), known as the Regulatory Review Act.

Section 5.  Inconsistent repeals.

The act of June 28, 1995 (P.L.89, No.18), known as the

Conservation and Natural Resources Act, is repealed to the

extent of any inconsistency with this act.

Section 6.  Effective date.

This act shall take effect in 60 days.