PRINTER'S NO. 1637
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1102
Session of
2018
INTRODUCED BY WAGNER, DiSANTO, BROOKS, RESCHENTHALER, MARTIN,
EICHELBERGER, ARGALL, FOLMER, DINNIMAN, AUMENT, WHITE,
HUTCHINSON, VULAKOVICH, MENSCH, STEFANO, REGAN AND WARD,
APRIL 9, 2018
REFERRED TO RULES AND EXECUTIVE NOMINATIONS, APRIL 9, 2018
AN ACT
Amending the act of June 25, 1982 (P.L.633, No.181), entitled
"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," providing for regulatory reduction and for
regulatory baseline and public availability.
The General Assembly finds and its intent is as follows:
(1) A vibrant and growing business sector is critical to
creating jobs in a dynamic economy.
(2) Unnecessary and overly burdensome regulatory
requirements create barriers to entry in many industries and
discourage potential entrepreneurs from introducing
beneficial products and processes.
(3) Alternative regulatory approaches that do not
conflict with the stated objectives of applicable statutes
may be available to minimize the significant economic impact
of rules on the private economy.
(4) Regulatory requirements can impose unnecessary and
disproportionately burdensome demands, including legal,
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accounting and consulting costs upon small businesses with
limited resources.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 25, 1982 (P.L.633, No.181), known
as the Regulatory Review Act, is amended by adding sections to
read:
Section 5.3. Regulatory reduction.
(a) For each regulation proposed by a State agency, the
agency proposing the regulation shall submit a regulatory
replacement request as part of the regulatory analysis form.
(b) A regulatory replacement request shall include the
following:
(1) The regulatory requirements that are proposed to be
repealed under subsection (d) or (e).
(2) The number of regulatory requirements proposed to be
repealed through the proposed regulation and regulatory
replacement request.
(3) The number of new regulatory requirements proposed
to be promulgated through the proposed regulation and
regulatory replacement request.
(4) The net number of new regulatory requirements
proposed to be promulgated.
(c) Before a regulation may be promulgated, the accompanying
regulatory replacement request must be approved by the
commission or by majority vote in both the Senate and the House
of Representatives and the following shall apply:
(1) Before the commission may approve a regulatory
replacement request, the commission must ensure the net
number of regulatory requirements established by the
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regulatory replacement request is consistent with the
requirements of subsection (d) or (e).
(2) If the commission does not approve an initial
regulatory replacement request, the agency may submit an
amended request that proposes repealing different regulatory
requirements. The regulatory review requirements of sections
201 and 202 of the act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law, shall not
apply to amended regulatory replacement requests.
(3) Regulatory requirements proposed to be repealed
shall not be required to undergo the regulatory review
processes established in sections 201 and 202 of the
Commonwealth Documents Law unless the commission requires any
or all such compliance for individual regulatory
requirements.
(4) At any time after the public comment period,
pursuant to the act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law, for a proposed
regulation and before the commission's approval of the
accompanying regulatory replacement request, the General
Assembly may approve the regulatory replacement request by a
majority vote in both the Senate and the House of
Representatives. Before it may approve a request, the General
Assembly must ensure that the net number of regulatory
requirements proposed in the regulatory replacement request
is consistent with the requirements of subsection (d) or (e).
The General Assembly may amend a regulatory replacement
request to repeal different regulations than those proposed
by the agency.
(5) If the commission has required amendments to a
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previous version of a regulatory replacement request, the
version approved by the General Assembly does not need to
contain those amendments.
(6) Regulatory requirements that have been approved for
repeal by the legislature as part of a regulatory replacement
request do not need to undergo the regulatory review process
outlined in the act of April 9, 1929 (P.L.177, No.175), known
as "The Administrative Code of 1929," the Commonwealth
Documents Law, or this act that may otherwise be required
before the final-form regulation stage.
(d) The following shall apply:
(1) Each proposed regulatory requirement shall be
accompanied by the proposed repeal of at least two existing
regulatory requirements.
(2) The regulatory repeals required under paragraph (1)
shall be completed no more than 180 days after the
promulgation of the regulatory requirement.
(3) This subsection shall expire six years after the
effective date of this section.
(e) The following shall apply:
(1) Each proposed regulatory requirement shall be
accompanied by the proposed repeal of at least one existing
regulatory requirement.
(2) The regulatory repeal required under paragraph (1)
shall be completed no more than 180 days after the
promulgation of the regulatory requirement.
(3) This subsection shall take effect immediately upon
the expiration of subsection (d).
(f) An agency may apply, in a manner prescribed by the
commission, for a proposed regulation, or regulatory requirement
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contained in a proposed regulation, to be exempt from this
section and the following shall apply:
(1) The agency must submit with the initial regulatory
replacement request a written explanation why the proposed
regulatory requirement should be exempt from this section.
(2) Within 15 days of receipt of the regulatory
replacement request and the written explanation in accordance
with this subsection, the commission shall provide a
recommendation to the committees recommending or not
recommending the General Assembly exempt the proposed
regulation or proposed regulatory requirements from the
requirements of this section.
(3) A two-thirds vote in both the Senate and the House
of Representatives shall be required to grant a request for a
proposed regulation to be exempt from the requirements of
this section.
(g) This section shall not apply to proposed regulations
that an agency has submitted to the Legislative Reference Bureau
for publication of notice of proposed rulemaking before the
effective date of this section.
(h) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Proposed regulation." As defined in section 3, with the
exception of proposed regulations that would exclusively reduce
the number of regulatory requirements promulgated by an agency.
"Proposed regulatory requirement." A regulatory requirement
comprising in whole or in part a proposed regulation.
"Regulatory requirement." An action or step that must be
taken or piece of information that must be provided in
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accordance with any regulation in order to access services,
carry out business or pursue legislated privileges. The term
shall not include:
(1) an action or step that must be taken or piece of
information that must be provided in accordance with any
regulation for which the procedures specified in sections 201
and 202 of the Commonwealth Documents Law have been modified
in accordance with section 204 of the Commonwealth Documents
Law;
(2) a statement concerning the internal management of an
agency and not affecting private rights or procedures
available to the public;
(3) a declaratory ruling; or
(4) an intra-agency or inter-agency memoranda.
Section 13. Regulatory baseline and public availability.
(a) Within six months from the effective date of this
section, each State agency shall complete an internal review of
all regulatory requirements, as defined under section 5.3,
within the purview of the agency and shall submit their findings
to the Governor, both the Senate and the House of
Representatives and the commission. The report shall include the
following:
(1) The title of the agency and the names, office
addresses and telephone numbers of the agency officials
responsible for responding to questions regarding the report.
(2) A list of all regulatory requirements promulgated
under the agency.
(3) A specific citation to the Federal or State
statutory or regulatory authority, or the decision of a
Federal or State court, under which the agency promulgates
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each regulatory requirement.
(4) The effective date and, if applicable, the
expiration date of each regulatory requirement.
(b) Within nine months from the effective date of this
section, the commission shall compile and publish on the
commission's publicly accessible Internet website a consolidated
list of all regulatory requirements received under subsection
(a). The commission shall also submit the consolidated list of
regulatory requirements to the Governor and both the Senate and
the House of Representatives.
(c) Six months after the commission publishes the
consolidated list under subsection (b), and every six months
thereafter, each agency shall submit to the commission any
updates to the list of regulatory requirements promulgated by
the agency.
(d) The commission shall ensure that the public stays
informed about all regulations, regulatory replacement requests
and the number of existing regulatory requirements by:
(1) building and maintaining a searchable online
database on its publicly accessible Internet website of all
proposed and all approved regulatory replacement requests;
and
(2) building and maintaining a searchable online
database on its publicly accessible Internet website that
shall include, but not be limited to, the following:
(i) A searchable list of all current regulations and
regulatory requirements.
(ii) A brief description of each regulatory
requirement and a link to the regulatory requirement on
the publicly accessible Internet website of the
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Pennsylvania Code.
(iii) The agency responsible for each regulation.
(iv) The authorizing statute for each regulation.
(v) The effective date, and, if applicable, the
expiration date, of each regulation.
Section 2. This act shall take effect in 60 days.
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