PRINTER'S NO. 4
No. 4 Session of 1989
INTRODUCED BY WENGER, LOEPER, REIBMAN, BELL, RHOADES, SHAFFER,
SHUMAKER, PECORA, SALVATORE, CORMAN, WILT, LEMMOND AND
PETERSON, JANUARY 20, 1989
REFERRED TO STATE GOVERNMENT, JANUARY 20, 1989
AN ACT
1 Reenacting and amending the act of June 25, 1982 (P.L.633,
2 No.181), entitled, as reenacted and amended, "An act
3 providing for independent oversight and review of
4 regulations, creating an Independent Regulatory Review
5 Commission, providing for its powers and duties and making
6 repeals," further providing for the membership of the
7 Independent Regulatory Review Commission and for the
8 procedure for regulatory review; changing the termination
9 date for the commission; and making repeals.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The title and the act of June 25, 1982 (P.L.633,
13 No.181), known as the Regulatory Review Act, reenacted and
14 amended February 21, 1986 (P.L.47, No.16), and amended December
15 16, 1986 (P.L.1625, No.185), are reenacted and amended to read:
16 AN ACT
17 Providing for independent oversight and review of regulations,
18 creating an Independent Regulatory Review Commission,
19 providing for its powers and duties and making repeals.
20 Section 1. Short title.
21 This act shall be known and may be cited as the "Regulatory
1 Review Act."
2 Section 2. Legislative intent.
3 The General Assembly has enacted a large number of statutes
4 conferring on boards, commissions, departments and other
5 agencies of the executive branch of government the authority to
6 adopt rules and regulations to supplement and implement those
7 statutes. The General Assembly has found that this delegation of
8 its authority has resulted in regulations being promulgated
9 without effective review concerning cost benefits, duplication,
10 inflationary impact and conformity to legislative intent. The
11 General Assembly finds that it must provide a procedure for
12 oversight and review of regulations adopted pursuant to this
13 delegation of legislative power to curtail excessive regulation
14 and to establish a system of accountability so that the
15 bureaucracy must justify its use of the regulatory authority
16 before imposing hidden costs upon the economy of Pennsylvania.
17 It is the intent of this act to establish a method for
18 continuing and effective review, accountability and oversight.
19 It is the further intent of this act to provide for primary
20 review by a commission with sufficient authority, expertise,
21 independence and time to perform that responsibility. It is the
22 further intent of this act to provide ultimate review by the
23 General Assembly of those regulations which may be contrary to
24 the public interest. This act is intended to provide a method of
25 oversight and review of regulations issued by executive agencies
26 to assist the Governor and the General Assembly in their
27 supervisory and oversight functions and it is not intended to
28 create any right or benefit, substantive or procedural,
29 enforceable at law by a party against the Commonwealth, its
30 agencies, officers or any person.
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1 Section 3. Definitions.
2 The following words and phrases when used in this act shall
3 have, unless the context clearly indicates otherwise, the
4 meanings given to them in this section:
5 "Agency." Any department, departmental administrative board
6 or commission, independent board or commission, agency or other
7 authority of this Commonwealth now existing or hereafter
8 created, but shall not include the Senate or the House of
9 Representatives, the Pennsylvania Fish Commission, the
10 Pennsylvania Game Commission[, the Independent Regulatory Review
11 Commission,] or any court, political subdivision, municipal or
12 local authority.
13 "Commission." The Independent Regulatory Review Commission.
14 "Designated standing committee." A standing committee of the
15 House of Representatives or the Senate designated by the Speaker
16 of the House of Representatives for the House and the President
17 pro tempore of the Senate for the Senate which designation shall
18 prescribe the jurisdiction of each standing committee over the
19 various State agencies for purposes of this act.
20 "Proposed final-form regulation." A regulation submitted by
21 an agency to the commission and the designated standing
22 committees following the public comment period, as provided by
23 section 201 of the act of July 31, 1968 (P.L.769, No.240),
24 referred to as the Commonwealth Documents Law.
25 "Regulation." Any rule or regulation, [or] order, statement
26 of policy, guideline, manual, handbook or other document in the
27 nature of a rule or regulation, promulgated by an agency under
28 statutory authority in the administration of any statute
29 administered by or relating to the agency, or prescribing the
30 practice or procedure before such agency which ordinarily
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1 results in a determination that is prospective in operation and
2 has general application to a group or set of facts. The term
3 excludes a document in the nature of a statement of policy
4 promulgated under statutory authority by a governmental entity.
5 The term includes a document as to which the commission, after
6 review, has determined that implementation will have a broader
7 impact than a statement of policy in the manner in which it sets
8 forth substantive or procedural personal or property rights,
9 privileges, immunities, duties, liabilities or obligations of
10 the public or a part thereof. The term shall not include a
11 proclamation, executive order, directive or similar document
12 promulgated by the Governor, but shall include a regulation
13 which may be promulgated by an agency, only with the approval of
14 the Governor.
15 Section 4. Creation of commission; membership, compensation;
16 vacancies; removal.
17 (a) The Independent Regulatory Review Commission shall
18 consist of five members to be known as commissioners. One member
19 of the commission shall be appointed by the Governor to serve at
20 his pleasure, one by the President pro tempore of the Senate,
21 one by the Speaker of the House of Representatives, one by the
22 Minority Leader of the Senate and one by the Minority Leader of
23 the House of Representatives. No member of the General Assembly
24 or any other officer or employee of State Government shall serve
25 as a member of the commission: Provided, however, That a
26 commission member may serve on advisory boards and commissions,
27 or on other boards and commissions which do not promulgate any
28 rules and regulations which may come before the commission for
29 review pursuant to this act.
30 (b) Of the original members, the two members appointed by
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1 the Speaker of the House and the Minority Leader of the House of
2 Representatives respectively shall serve for an initial term of
3 two years and the two members appointed by the President pro
4 tempore of the Senate and the Minority Leader of the Senate
5 respectively shall serve for an initial term of three years.
6 Thereafter, except as may be provided by section 3 of this
7 amendatory act, each appointment provided for by this act shall
8 be for a term of three years and such appointments shall be made
9 in the same manner as the original appointments. From the time
10 of original appointment to the commission, no commissioner may
11 serve more than two full terms consecutively. A commissioner
12 initially appointed to serve the remainder of an unexpired term
13 shall be eligible to be appointed to, and to serve, two full
14 terms.
15 (c) All vacancies shall be filled, for the remainder of the
16 unexpired term, in the same manner as original appointments. Any
17 commissioner, upon the expiration of his term, shall continue to
18 hold office until his successor shall be appointed.
19 (d) The commissioners shall receive $125 per day as
20 compensation for their services. The commissioners shall also be
21 entitled to reimbursement for travel and other necessary
22 expenses incurred as a result of their duties as members of the
23 commission. The expenses incurred by the commissioners, or by
24 any employees of the commission, shall be allowed and paid on
25 the presentation of itemized vouchers therefor, which vouchers
26 shall be subject to the approval of the commission.
27 (e) Except as authorized pursuant to this section and except
28 for the Governor's appointee who shall serve at his pleasure, no
29 commissioner may be removed from office during his term. The
30 Governor may, with the approval of two-thirds of the members of
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1 the Senate, upon a clear and convincing evidence of misfeasance
2 or malfeasance in office or neglect of duty, remove a
3 commissioner prior to the expiration of the term. The Governor
4 shall provide the commissioner so removed with a detailed
5 written statement of the reasons for his removal.
6 (f) Any member of the commission formally charged before a
7 court of record with the commission of a felony or with a
8 misdemeanor as provided by 18 Pa.C.S. Article B (relating to
9 offenses against public administration) shall immediately be
10 suspended as a member of the commission until the charge is
11 dismissed or a verdict of acquittal is announced. If any
12 commission member shall be convicted of [a felony] such offense,
13 then that commissioner's membership shall become vacant
14 automatically upon announcement of the verdict by a trial court
15 or upon acceptance of a plea of guilty or nolo contendere. No
16 commission member shall participate in deliberations regarding
17 any regulation [in which he, or any member of his family, has a
18 financial interest.] which significantly affects the operation
19 or activities of any organization (except a nonprofit
20 organization certified under section 501(c)(3) of the Internal
21 Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3))
22 in which the commission member holds a nonsalaried position) in
23 which he, or any member of his family, has a substantial
24 economic interest or serves as an officer, director, trustee,
25 partner or employee. Within 90 days of appointment, and annually
26 thereafter, each commission member shall disclose the existence
27 of all business affiliations and financial interests. The
28 disclosure statement shall be filed with the executive director
29 of the commission and shall be available for public inspection
30 during business hours of the commission. Each disclosure
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1 statement shall remain on file as long as the commission member
2 to which it applies remains on the commission. Prior to any vote
3 upon any regulation upon which any member feels he or any other
4 commissioner has a potential conflict of interest, such member
5 shall disclose such potential conflict and request a ruling from
6 the chairman of the commission upon the question of whether such
7 potential conflict disqualifies the member from voting on the
8 regulation. Any member of the commission may challenge the
9 ruling of the chairman and in such case the question shall be
10 resolved by majority vote of the commission. The chairman, a
11 majority of the commissioners or the Governor may request the
12 Ethics Commission to provide advice regarding conflicts of
13 interest and such advice, when given, shall be binding upon the
14 commission. A member of the commission commits a misdemeanor of
15 the second degree if such member knowingly and intentionally
16 violates the provisions of this subsection. No person who acts
17 in good faith on an opinion issued to him by the chairman shall
18 be subject to criminal or civil penalties levied under the act
19 of October 4, 1978 (P.L.883, No.170), referred to as the Public
20 Official and Employee Ethics Law, for so acting, provided the
21 material facts are as stated in the request for an opinion.
22 (g) Within two weeks following the appointment of a quorum
23 of the commission, the Governor shall convene an organization
24 meeting of the commission and the Governor or his designee shall
25 preside at such meeting until a chairman shall be elected.
26 (h) A chairman shall be elected by the commission who shall
27 serve for a term of two years and until his successors shall be
28 elected. The chairman shall preside at meetings of the
29 commission and shall execute documents relating to the formal
30 actions of the commission.
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1 (i) The commission shall meet at least twice a month at such
2 times and places as shall be set by the chairman. A commissioner
3 who fails to attend three consecutive meetings without cause
4 shall be removed as a commissioner by the authority appointing
5 the commissioner.
6 (j) For purposes of conducting official business, a quorum
7 shall consist of [four] three members. Members must be
8 physically present to be counted toward the quorum.
9 Section 5. Proposed regulation; criteria for review, existing
10 regulations.
11 (a) For proposed regulations, submitted after the effective
12 date of this section, at the same time that proposed regulations
13 and any changes thereto are submitted to the Legislative
14 Reference Bureau for publication of notice of proposed
15 rulemaking in the Pennsylvania Bulletin as required by the act
16 of July 31, 1968 (P.L.769, No.240), referred to as the
17 Commonwealth Documents Law, the agency proposing the regulation
18 shall hold a public comment period, beginning with publication
19 in the Pennsylvania Bulletin, and forward a copy of [such
20 proposal] the proposed regulation to the commission and the
21 designated standing committee of each House of the General
22 Assembly and additional information including but not limited to
23 the following:
24 (1) The name of the agency proposing the regulation and
25 a statement of the statutory or other authority under which
26 the regulation or change is proposed and if such regulation
27 or change is proposed to implement the requirements of
28 Federal statute or Federal regulation, such Federal statute
29 or regulation shall be cited with specificity.
30 (2) A brief explanation of the proposed regulation or
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1 change.
2 (3) A statement of the need for the regulation or
3 change.
4 (4) Estimates of the direct cost to the Commonwealth and
5 direct and indirect cost to its political subdivisions and
6 indirect cost to the private sector. Insofar as the proposal
7 relates to direct cost to the Commonwealth, the agency may
8 submit in lieu of its own statement the fiscal note prepared
9 by the Office of the Budget pursuant to section 612 of the
10 act of April 9, 1929 (P.L.177, No.175), known as "The
11 Administrative Code of 1929."
12 (5) A statement of legal, accounting or consultant
13 procedures which may be required for implementation of the
14 regulation by those affected by it.
15 (6) A statement of any additional reporting,
16 recordkeeping or other paperwork required by the proposed
17 regulations including copies of any forms or reports which
18 will be required in the implementation of the proposed
19 regulation.
20 (7) An outline of conformance with the public comment
21 period and relevant dates including dates by which comments
22 must be received, dates of proposed public hearings, the
23 effective date of final regulations, date by which compliance
24 with the proposed regulations will be required, including the
25 date by which any required permits, licenses or other
26 approvals must be obtained.
27 (8) The name of the author or authors of the regulation
28 with their office address and phone numbers included.
29 (9) An identification of the types of persons,
30 businesses and organizations which would be affected by the
19890S0004B0004 - 9 -
1 regulation.
2 (10) Identification of any other regulations which would
3 be affected by the regulation.
4 The requirements of this section shall not diminish the Notice
5 of Proposed Rulemaking requirements of the Commonwealth
6 Documents Law but the information required by this section may
7 be included in the Notice of Proposed Rulemaking requirement for
8 publication in the Pennsylvania Bulletin in lieu of the
9 information required by paragraphs (2) and (3) of section 201 of
10 the Commonwealth Documents Law. The commission may waive an
11 information requirement of this section for a proposed
12 regulation when any specific requirement is deemed by the
13 commission to be unnecessary or inappropriate.
14 (b) In addition to the requirements of subsection (a), for
15 regulations which impose gross fiscal impacts on either the
16 public sector, the private sector, or both of over $1,000,000,
17 in any year, or which impose other major impacts as determined
18 by the commission, the agency proposing the regulation shall
19 forward at the request of the commission a written regulatory
20 analysis. Such regulatory analysis shall state:
21 (1) the financial, economic and social impacts of the
22 regulation on individuals, business and labor communities or
23 other public and private organizations. When practicable, an
24 evaluation of the benefits expected as a result of the
25 regulation should be included;
26 (2) that alternative approaches have been considered and
27 the least burdensome acceptable alternative has been
28 selected;
29 (3) that, in arriving at the acceptable alternative,
30 consideration was given to minimizing new reporting,
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1 accounting and legal requirements;
2 (4) that a plan for the evaluation of the effectiveness
3 of the regulation after its issuance has been developed; and
4 (5) the manner in which, when it is lawful, desirable
5 and feasible, special provisions have been developed to meet
6 the particular needs of affected groups and persons
7 including, but not limited to: minorities, elderly, small
8 businesses and farmers.
9 (b.1) Upon completion of the public comment period as
10 provided by section 201 of the Commonwealth Documents Law, the
11 agency shall submit to the commission and the designated
12 standing committee of each House of the General Assembly a copy
13 of all comments received concerning the proposed regulation, the
14 agency's response to the comments received and the text of the
15 proposed final-form regulation which the agency intends to
16 adopt. At the same time that the agency submits such material to
17 the commission and the designated standing committees, it shall
18 transmit by first-class mail a notice of submittal or a copy of
19 the text of the proposed final-form regulation or a copy of all
20 changes incorporated into the proposed final-form regulation
21 from what was initially published to each party that submitted
22 comments on the regulation during the public comment period
23 following publication of the proposed regulation in the
24 Pennsylvania Bulletin. The agency shall not be responsible for
25 notifying each party whose name appears on petitions or
26 membership lists who did not present individual comment on the
27 regulation. No changes to a regulation shall be accepted, except
28 as provided in sections 6 and 7, after the submission of the
29 regulation to the commission and the designated standing
30 committee. No changes shall be made by an agency to a regulation
19890S0004B0004 - 11 -
1 after that regulation has received approval by the commission.
2 The commission shall only accept public or agency comments,
3 except those comments under subsection (c), up to 72 hours prior
4 to the commission's public meeting. All documents, phone calls
5 and personal visits discussing a regulation shall be noted by
6 the commission and staff and made part of the public commission
7 record. Any additional public or agency comments shall only be
8 received by the commission at the time the public meeting has
9 been called to order.
10 (c) The standing committee shall, within 20 calendar days
11 from the date [the proposed regulation is published in the
12 Pennsylvania Bulletin] of receipt of the information required
13 under subsection (b.1), approve or disapprove the proposed
14 final-form regulation. The standing committee shall notify the
15 commission of approval or disapproval. Failure of [both] a
16 standing [committees] committee to disapprove a regulation
17 within the 20 calendar days shall constitute approval thereof.
18 Along with a notification of approval or disapproval the
19 committee shall convey to the commission and the agency a report
20 which includes[:
21 (1) A copy of the proposed regulation.
22 (2) A] a summary of the objections of the committee, if
23 any, stating the reasons why the committee has found the
24 proposed regulation unacceptable, and a copy of any staff
25 reports deemed pertinent by the committee. Such reasons shall
26 include, but not be limited to, deviations from the statutory
27 authority of the agency and the intention of the General
28 Assembly in the enactment of the statute upon which the
29 proposed regulation was based.
30 In the event the standing committees are prevented from
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1 completing their 20-day review because of expiration of the
2 legislative session in even-numbered years, consideration of the
3 proposed final-form regulation shall be automatically suspended
4 until the fourth Monday in January of the next succeeding
5 session of the General Assembly. On that date, the agency shall
6 resubmit the proposed final-form regulation to the designated
7 standing committee of each chamber, or its successor committee,
8 and to the commission. The standing committees, or their
9 successor committees, shall have 20 calendar days and the
10 commission shall have 30 calendar days from [the date the]
11 receipt of the proposed final-form regulation [is published in
12 the Pennsylvania Bulletin] and the information requested by
13 subsection (b.1) is received to review such regulation. In
14 computing the 20-day committee review period and the 30-day
15 commission review period, the number of days in which the
16 proposed final-form regulation had been under review by the
17 standing committees and by the commission as of the expiration
18 of the prior session shall be subtracted from the 20-day
19 committee and the 30-day commission review periods,
20 respectively. Failure of the agency to resubmit the proposed
21 final-form regulation on the fourth Monday in January of the
22 next succeeding session shall constitute withdrawal thereof. No
23 [proposed regulation] proposed final-form regulation shall be
24 submitted to the commission or the standing committees for
25 review during the period from the end of the legislative session
26 of even-numbered years to the [first day] fourth Monday in
27 January of the next succeeding legislative session, but
28 emergency regulations may be adopted pursuant to the provisions
29 of section 6(b).
30 (d) In determining whether a proposed final-form regulation
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1 is in the public interest, the commission shall, first and
2 foremost, make a determination that the proposed final-form
3 regulation is not contrary to the statutory authority of the
4 agency and intention of the General Assembly in the enactment of
5 the statute upon which the proposed final-form regulation is
6 based.
7 (e) Upon a finding that the proposed final-form regulation
8 is not contrary to the statutory authority of the agency and to
9 the intention of the General Assembly in the enactment of the
10 statute upon which the proposed final-form regulation is based,
11 the commission shall further consider the following in
12 ascertaining whether the proposed final-form regulation is in
13 the public interest:
14 (1) Possible adverse effects on prices of goods and
15 services, productivity or competition.
16 (2) Whether the regulation represents a policy decision
17 of such substantial nature that it requires a legislative
18 review.
19 (3) Direct and indirect cost to the Commonwealth,
20 [direct and indirect cost] to political subdivisions and
21 [indirect cost] to the private sector.
22 (4) Reasonableness of requirements, implementation
23 procedure and timetable for the public and private sectors.
24 (5) The nature of any reports, forms or other paperwork
25 and the estimated cost of their preparation by individuals,
26 businesses and organizations in the private and public sector
27 where such reports would be required.
28 (6) Possible conflict with or duplication of statutes or
29 other existing regulations.
30 (7) The nature and estimated cost of any legal,
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1 consulting or accounting services which the private or public
2 sector would incur.
3 (8) The impact on the public interest of exempting or
4 setting lesser standards of compliance for individuals or
5 small businesses when it is lawful, desirable and feasible to
6 do so.
7 (9) Clarity and lack of ambiguity.
8 (10) Need for the rule or regulation.
9 (11) Approval or disapproval by the designated standing
10 committee of the House of Representatives or the Senate.
11 (f) Regulations for which notice of proposed rulemaking is
12 omitted pursuant to section 204 of the Commonwealth Documents
13 Law shall be submitted to the commission and the designated
14 standing committees for review in the same fashion as proposed
15 final-form regulations at the same time that the regulations are
16 submitted to the Attorney General for review as provided in the
17 act of October 15, 1980 (P.L.950, No.164), known as the
18 "Commonwealth Attorneys Act." The public comment period and the
19 information requirements as provided for in subsection (b.1) are
20 not applicable to these regulations. [No] Except for regulations
21 adopted under section 6(b), no final order adopting such
22 regulation shall be published until completion of review
23 pursuant to this act.
24 [(g) The agency which proposes the regulation shall forward
25 to the commission within two days of receipt, a copy of any
26 comments received by the agency which refers to the proposed
27 regulation.]
28 (h) The commission, either on its motion or on the request
29 of any individual, agency, corporation, member of the General
30 Assembly or any other entity which may be affected by a
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1 regulation, may also review any existing regulation or
2 administrative procedure. Whenever a committee of the Senate or
3 the House of Representatives shall request a review of a
4 regulation, the commission shall make such review and shall
5 assign it high priority. The commission may submit
6 recommendations to any agency recommending changes in existing
7 regulations where it finds the existing regulations or
8 administrative procedure to be contrary to the public interest
9 under the criteria established in this section. The commission
10 may also make recommendations to the General Assembly and the
11 Governor for statutory changes whenever it finds that any
12 existing regulation or procedure may be contrary to the public
13 interest.
14 Section 6. Procedures for commission consideration and agency
15 review.
16 (a) [Whenever the commission shall find that a proposed
17 regulation submitted to the Legislative Reference Bureau for
18 publication of notice of proposed rulemaking in the Pennsylvania
19 Bulletin or that a regulation for which notice of proposed
20 rulemaking is omitted pursuant to section 204 of the act of July
21 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
22 Documents Law, or a regulation which submitted to the Attorney
23 General for review prior to publication may be contrary to the
24 public interest under the criteria set forth in section 5, the
25 commission shall notify the agency promulgating such regulation
26 of its finding. Such notification shall set forth the
27 commission's objections in reasonable detail. The agency shall
28 review the commission's finding and not later than two weeks
29 following the notification unless the commission grants extended
30 time to comment shall respond to the commission as to whether or
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1 not the proposed regulation will be withdrawn, revised or
2 returned in its original form with added justification or
3 documentation by the agency.] Whenever the commission shall find
4 that a proposed final-form regulation submitted to the
5 commission pursuant to section 5(b.1) or that a regulation for
6 which notice of proposed rulemaking is omitted pursuant to
7 section 204 of the act of July 31, 1968 (P.L.769, No.240),
8 referred to as the Commonwealth Documents Law, may be contrary
9 to the public interest under the criteria set forth in section
10 5, the commission shall notify the Legislative Reference Bureau,
11 the standing committees, members of the public entitled to the
12 notice set forth in section 5(b.1) and the agency promulgating
13 such regulation of its finding. Such notification shall specify
14 the regulatory review criteria which has not been met by the
15 proposed final-form regulation, as well as a description of the
16 documents and testimony relied on by the commission in reaching
17 its decision. The agency shall review the commission's finding
18 and no later than two weeks following the notification, unless
19 the commission grants an extension of time, shall notify the
20 commission that the regulation will be withdrawn, or shall
21 resubmit a revised version of the regulation or the original
22 version with added justification or documentation to the
23 standing committees, members of the public entitled to the
24 notice set forth in section 5(b.1) and the commission as
25 required by section 7(a), or shall notify the commission that it
26 desires to attempt to implement the regulation pursuant to the
27 procedure contained in section 7(b). If the commission does not
28 notify the agency of any objection within 30 days of
29 [publication] the date the commission received the information
30 required in section 5(b.1), in the case of proposed rulemaking,
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1 or within 30 days of receipt, in the case of omission of
2 proposed rulemaking, the agency may proceed to promulgate the
3 regulation as provided in the Commonwealth Documents Law.
4 (b) The commission may, when notifying an agency of its
5 objections pursuant to subsection (a) or at any time following
6 such notification but prior to publication of a final order
7 adopting a regulation, issue an order barring the publication of
8 a final order adopting a regulation pending subsequent review of
9 the regulation in the manner provided in section 7. The
10 commission may not however issue an order against a proposed
11 regulation to the extent that the Attorney General certifies
12 that proposed regulation is required pursuant to the decree of
13 any court or to implement the provisions of a statute of the
14 United States or regulations issued thereunder by a Federal
15 agency nor shall the commission issue an order against a
16 proposed regulation when such regulation is transmitted with the
17 certification of the Governor that it is required to meet an
18 emergency which shall include but not be limited to conditions
19 which may threaten the public health, safety or welfare or cause
20 a [significant] budget deficit or create need for supplemental
21 or deficiency appropriations of greater than $1,000,000. In such
22 case, the regulation can take effect immediately and may remain
23 in effect for up to 120 days [but after that time]. However, if
24 within 30 days of the issuance of an emergency regulation, the
25 appropriate standing committees and the commission all determine
26 that an emergency situation does not exist, the regulation shall
27 be withdrawn and submitted for review under this act. Such a
28 determination by the standing committees and the commission may
29 be made only on a two-thirds vote of ratification by their
30 current members. After 120 days, the emergency regulation may be
19890S0004B0004 - 18 -
1 suspended by the commission with a statement of disapproval
2 unless it has been approved by the General Assembly under the
3 procedures contained in section 7(b). If the commission issues a
4 statement of disapproval after 120 days, the emergency
5 regulation must comply with section 7.
6 (c) Whenever a designated standing committee of the House of
7 Representatives or the Senate has notified the commission of its
8 disapproval and the commission approves the proposed regulation,
9 the commission shall notify the said designated standing
10 committee of such approval.
11 (d) Either prior to or during the public meeting at which
12 the proposed final-form regulation is scheduled for
13 consideration, the agency may table a proposed final-form
14 regulation for a period of time not to exceed 60 days. Tabling
15 shall serve as a means by which a proposed final-form regulation
16 may be amended without requiring another public comment period
17 or republication unless required by section 202 of the
18 Commonwealth Documents Law due to enlargement of original
19 purpose. If an agency fails to resubmit the proposed final-form
20 regulation within 60 days, in accordance with the provisions
21 contained in section 7(a), the proposed final-form regulation
22 shall be deemed withdrawn.
23 Section 7. Procedures [and subsequent review] for response to
24 commission actions.
25 (a) [If the commission determines after reviewing an
26 agency's response that the agency still intends to implement
27 such regulation, the commission shall, within seven days of
28 receipt of an agency's response to its objections, either
29 approve the regulations or, if the commission believes that said
30 regulation would be contrary to the public interest as
19890S0004B0004 - 19 -
1 determined under section 5, notify the Governor, who shall
2 within 45 days review the proposed regulation and the commission
3 findings. Failure of the commission to notify the Governor of
4 its continued objections to a proposed regulation within seven
5 days shall constitute approval thereof. Within seven days of an
6 agency's response, the commission may continue an order barring
7 publication of a final order adopting a regulation, issue such
8 an order if none was previously issued, or withdraw its order.]
9 If after tabling or after the receipt of a notice of disapproval
10 from the commission issued pursuant to section 6(a) the agency
11 desires to submit the proposed final-form regulation with
12 changes or in its original form with additional justification,
13 it must be resubmitted to the commission, members of the public
14 entitled to the notice set forth in section 5(b.1) and the
15 appropriate standing committees for review. The standing
16 committees shall have 14 days from receipt of the proposed
17 final-form regulation to notify the commission of their
18 concurrence with or objection to the proposed final-form
19 regulation as resubmitted. Failure of a standing committee to
20 notify the commission of its objections within 14 days shall
21 constitute approval of the resubmitted proposed final-form
22 regulation. The commission shall have seven days or until its
23 next regularly scheduled meeting, whichever is longer, from the
24 completion of the standing committee's 14-day review period in
25 which to take action. The commission may act to issue either a
26 statement of approval or an order barring final publication of
27 the resubmitted proposed final-form regulation. The agency may
28 table the proposed final-form regulation again to allow for
29 further consideration of subsequent changes. If, however, the
30 proposed final-form regulation is changed after being reviewed
19890S0004B0004 - 20 -
1 by the appropriate standing committees, it must be resubmitted,
2 with the notice to the public under section 5(b.1), for the 14-
3 day standing committee review period; and the commission shall
4 again have seven days or until its next regularly scheduled
5 meeting, whichever is longer, from the completion of the
6 standing committee's 14-day review period in which to take
7 action.
8 (b) If the agency desires to implement a proposed final-form
9 regulation which has been disapproved by the commission, the
10 agency shall notify the Governor and the commission within 14
11 days of the agency's receipt of the commission's disapproval
12 order.
13 [(b)] (c) If the Governor [and the agency determine]
14 determines that it is desirable to implement the proposed final-
15 form regulation without revisions or further modifications, the
16 Governor shall submit a report to the General Assembly and the
17 commission within 60 days of the agency's receipt of the
18 commission's disapproval order containing the findings of the
19 commission, the response of the initiating agency and his own
20 recommendations regarding the regulation. [At the time of the
21 submission of the report by the Governor, the] The commission
22 shall, within 14 days of submission of the report or at its next
23 regularly scheduled meeting, whichever is longer, either approve
24 the regulation or transmit the proposed final-form regulation to
25 the General Assembly for consideration [in accord with the
26 procedures set forth in the act of April 7, 1955 (P.L.23, No.8),
27 known as the "Reorganization Act of 1955."]. The report of the
28 Governor shall be transmitted to the General Assembly in the
29 form of a resolution and shall be placed on the calendar of each
30 house within 30 calendar days of continuous session of the
19890S0004B0004 - 21 -
1 General Assembly. The report shall take effect unless, during
2 the 30-day period, it is disapproved by a majority vote of the
3 members elected to each house. If a single house does not act
4 upon the resolution within the 30 days, the resolution shall be
5 deemed approved by that house. In computing the 30-day period
6 under this subsection, any day on which either house is not in
7 session because of adjournment of more than ten days to a date
8 certain shall be excluded. Failure of the commission to transmit
9 a regulation to the General Assembly for consideration within
10 [14 days of submission of the Governor's report] the time period
11 provided for in this section shall constitute approval of the
12 proposed regulation. However, if the commission is prevented
13 from transmitting the regulation to the General Assembly within
14 [14 days] the time period provided because of recess or
15 adjournment, it may transmit the regulation on the first
16 subsequent session day. Failure to submit a proposed regulation
17 on the first subsequent session day shall constitute approval
18 thereof. Pending the review of a regulation by the General
19 Assembly, the commission may continue an order barring
20 publication of a final order adopting [a] the regulation, issue
21 such an order if none was previously issued, or withdraw its
22 order. If the General Assembly disapproves a regulation, the
23 disapproval shall constitute a [permanent order barring
24 publication, or shall rescind a regulation for which a final
25 order was published pending review of the regulation by the
26 commission or the General Assembly.] bar to publication until
27 presentment to the Governor and final disposition of the
28 regulation. The resolution shall be presented to the Governor in
29 accordance with section 9 of Article III of the Constitution of
30 Pennsylvania. If the Governor vetoes the action of the General
19890S0004B0004 - 22 -
1 Assembly, the General Assembly may override that veto by a two-
2 thirds vote in each house; and that override shall constitute a
3 permanent bar to publication. The General Assembly may at its
4 discretion, however, disapprove a regulation to indicate the
5 intent of the General Assembly, but permit publication of a
6 final order adopting [a] the regulation.
7 [(c)] (d) Whenever a designated standing committee has
8 received the notice required under section 6(c), the designated
9 standing committee may within ten days report to the House of
10 Representatives or Senate a concurrent resolution and notify the
11 affected agency which shall be the official notice to the
12 agency. A final order adopting the regulation shall not be
13 published for 30 calendar days or ten legislative days,
14 whichever is longer, from date of reporting the concurrent
15 resolution. If both the House of Representatives and the Senate
16 agree to the concurrent resolution within the allotted time
17 period, the adoption of the concurrent resolution shall
18 constitute a [permanent order barring publication, or shall act
19 as an order rescinding a regulation for which a final order was
20 published pending review of the regulation.] bar to publication
21 until presentment to the Governor and final disposition of the
22 regulation. The resolution shall be presented to the Governor in
23 accordance with section 9 of Article III of the Constitution of
24 Pennsylvania. If the Governor vetoes the action of the General
25 Assembly, the General Assembly may override that veto by a two-
26 thirds vote in each house; and that override shall constitute a
27 permanent bar to publication. Failure of the House of
28 Representatives and the Senate to act on the concurrent
29 resolution within the allotted time period shall constitute
30 approval of the regulation. In addition, notice as to any final
19890S0004B0004 - 23 -
1 disposition of any concurrent resolution considered in
2 accordance with this act shall be published in the Pennsylvania
3 Bulletin. The General Assembly may, at its discretion, adopt a
4 concurrent resolution disapproving the regulation to indicate
5 the intent of the General Assembly, but permit publication of a
6 final order adopting a regulation.
7 Section 7.1. Classification of documents.
8 If the commission, a designated standing committee or a party
9 affected by a published or unpublished document alleges that the
10 document should be promulgated as an agency regulation, the
11 commission, committee or party may present the matter to the
12 Joint Committee on Documents, which shall determine whether the
13 document should be promulgated as an agency regulation and may
14 order an agency either to promulgate the document as a
15 regulation within 180 days or to desist from the use of the
16 document in the business of the agency.
17 Section 9. Commission staff.
18 The commission shall appoint and fix the compensation of an
19 executive director, who shall devote his full time to the
20 general supervision of all the affairs of the commission. In
21 addition, the commission shall appoint a chief counsel who shall
22 not be subject to the supervision of the Attorney General or the
23 General Counsel and it may appoint and fix the compensation of
24 such other employees as the commission may from time to time
25 find necessary for the proper performance of the functions of
26 the commission. In determining the necessity for such additional
27 staff, the commission shall consider the fact that the General
28 Assembly is required under this act to participate in the review
29 process and its staff will be providing assistance to the
30 commission through the legislative review provisions of this
19890S0004B0004 - 24 -
1 act.
2 Section 10. Subpoena power.
3 The commission may require the attendance and testimony of
4 witnesses and the production of documentary evidence relative to
5 any investigation or hearing which the commission may conduct in
6 accordance with the powers granted it under this act. Such
7 subpoena shall be signed by the chairman or the executive
8 director and it shall be served by any person authorized to
9 serve subpoenas under the law of the Commonwealth.
10 Section 11. Rules; annual reports; hearings and advisory group
11 meetings.
12 (a) The commission shall compile and publish rules for the
13 conduct of meetings and public hearings and for the conduct of
14 business under this act. Such rules shall be promulgated in
15 accordance with the procedures established in the act of July
16 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
17 Documents Law. Such rules [may] shall provide for notification
18 of filings of proposed final-form regulations to parties likely
19 to be affected by the proposed final-form regulations through
20 publication in the Pennsylvania Bulletin. Prior to the rules
21 taking effect, however, the appropriate standing committees and
22 the Joint Committee on Documents shall have 20 days and 30 days,
23 respectively, from the date of receipt of the information
24 required under section 5(b.1) of this act to notify the
25 commission of their approval or disapproval of a proposed final-
26 form regulation or of a regulation for which notice of proposed
27 rulemaking is omitted under section 204 of the Commonwealth
28 Documents Law. Final disposition of a disapproved proposed
29 final-form regulation shall be in accordance with this act;
30 however, the responsibilities assigned to the commission shall
19890S0004B0004 - 25 -
1 be exercised by the Joint Committee on Documents, and the
2 commission may exercise the rights provided to an agency.
3 (b) On or before April 1, [1986] 1989 and each year
4 thereafter, the commission shall file a report of its activities
5 for the prior calendar year with the Governor and the General
6 Assembly.
7 (c) The commission may hold public hearings on any matter
8 before the commission. The commission may also hold informal
9 hearings and may convene and meet with advisory groups regarding
10 matters before the commission.
11 Section 12. Clearinghouse.
12 (a) The commission shall act as a clearinghouse for
13 complaints, comments and other input from members of the General
14 Assembly and from the public regarding regulations, proposed
15 regulations and administrative procedures. The commission shall
16 maintain accurate records regarding complaints and comments it
17 receives and shall maintain such records by departmental and
18 subject matter categories. When the commission files its annual
19 report as provided by section 11, the commission shall include
20 within it a summary of public complaint and comment along with
21 any recommendations the commission may offer for statutory
22 change as the result of public complaint and comment.
23 (b) The commission may also compile information on
24 regulations issued by the United States Government which come to
25 the attention of the commission which are found by the
26 commission to be excessive. The commission shall include a
27 summary on such regulations in its annual report and shall take
28 such other action as may be appropriate. The section of the
29 annual report relating to excessiveness of Federal regulations
30 shall be submitted to the President of the United States and to
19890S0004B0004 - 26 -
1 the members of the United States Senate and the United States
2 House of Representatives from Pennsylvania. Nothing herein shall
3 be construed as requiring the commission to undertake a review
4 of Federal regulations.
5 Section 12.1. Gubernatorial review.
6 The Governor may institute procedures for the review and
7 approval of regulations promulgated by executive agencies prior
8 to their submittal for review under this act, including, but not
9 limited to, the establishment of a task force or committee, by
10 executive order. The Governor may also establish procedures for
11 the effective coordination of the review of regulations under
12 the act of October 15, 1980 (P.L.950, No.164), known as the
13 "Commonwealth Attorneys Act," and sections 612 and 2203-A of the
14 act of April 9, 1929 (P.L.177, No.175), known as "The
15 Administrative Code of 1929."
16 Section 14. Repeals.
17 (a) The following acts or parts of acts are repealed
18 absolutely:
19 Section 812.2, act of April 9, 1929 (P.L.177, No.175), known
20 as "The Administrative Code of 1929."
21 Second, third and fourth sentences of subsection (n) of
22 section 4, act of May 23, 1945 (P.L.913, No.367), known as the
23 "Professional Engineers Registration Law."
24 Second and third sentences of section 1410, act of June 13,
25 1967 (P.L.31, No.21), known as the "Public Welfare Code."
26 Subsection (c) of section 11, act of November 30, 1976
27 (P.L.1207, No.265), known as the "Emergency Medical Services
28 Systems Act."
29 Subsections (c) and (d) of section 224, act of July 1, 1978
30 (P.L.700, No.124), known as the "Bureau of Professional and
19890S0004B0004 - 27 -
1 Occupational Affairs Fee Act."
2 Subsections (c) and (d) of section 601, act of July 19, 1979
3 (P.L.130, No.48), known as the "Health Care Facilities Act."
4 Third and fourth sentences of subsection (a) and subsection
5 (b) of section 404, act of February 19, 1980 (P.L.15, No.9),
6 known as the "Real Estate Licensing and Registration Act."
7 Section 107, act of July 7, 1980 (P.L.380, No.97), known as
8 the "Solid Waste Management Act."
9 Section 6103(b) of Title 75 of the Pennsylvania Consolidated
10 Statutes (relating to promulgation of rules and regulations by
11 department).
12 (b) All other acts or parts of acts are repealed insofar as
13 they provide for consideration by the General Assembly or its
14 committees of proposed regulations.
15 Section 15. Termination date.
16 The commission shall be treated as a statutory agency created
17 after January 1, 1981, for purposes of the act of December 22,
18 1981 (P.L.508, No.142), known as the "Sunset Act." The
19 commission is scheduled for termination on December 31, [1988]
20 1993.
21 Section 2. This act, with respect to the Independent
22 Regulatory Review Commission, constitutes the legislation
23 required to reestablish an agency under the act of December 22,
24 1981 (P.L.508, No.142), known as the Sunset Act.
25 Section 3. Each rule and regulation of the Independent
26 Regulatory Review Commission in effect on December 31, 1988,
27 shall remain in effect after such date until repealed or amended
28 by the commission or until it terminates in accordance with it's
29 own terms.
30 Section 4. This act shall be retroactive to December 31,
19890S0004B0004 - 28 -
1 1988.
2 Section 5. This act shall take effect immediately.
A5L02JS/19890S0004B0004 - 29 -