PRINTER'S NO. 677
No. 612 Session of 1997
INTRODUCED BY ROHRER, VANCE, FARGO, McNAUGHTON, MILLER, NAILOR,
DEMPSEY, MELIO, BELARDI, FICHTER, FAIRCHILD, HENNESSEY,
ARMSTRONG, CLARK, GODSHALL, JADLOWIEC, CLYMER, BROWN, SHANER,
GANNON, MARKOSEK, BARRAR, BAKER, WAUGH, SAYLOR, SEMMEL,
CIVERA, HERSHEY, DRUCE, EGOLF, D. W. SNYDER, LAUGHLIN, ITKIN,
LYNCH, BROWNE, TRELLO, BUNT, TANGRETTI, LEH, STABACK,
E. Z. TAYLOR, S. H. SMITH, RAYMOND, PISTELLA, WILT, PETRARCA,
DeLUCA, SERAFINI, SEYFERT, HALUSKA AND STERN,
FEBRUARY 14, 1997
REFERRED TO COMMITTEE ON APPROPRIATIONS, FEBRUARY 14, 1997
AN ACT
1 Amending the act of June 25, 1982 (P.L.633, No.181), entitled,
2 as reenacted, "An act providing for independent oversight and
3 review of regulations, creating an Independent Regulatory
4 Review Commission, providing for its powers and duties and
5 making repeals," providing for economic impact statements.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3 of the act of June 25, 1982 (P.L.633,
9 No.181), known as the Regulatory Review Act, reenacted and
10 amended June 30, 1989 (P.L.73, No.19), is amended by adding a
11 definition to read:
12 Section 3. Definitions.
13 The following words and phrases when used in this act shall
14 have, unless the context clearly indicates otherwise, the
15 meanings given to them in this section:
16 * * *
1 "Economic impact statement." An analysis of the anticipated
2 fiscal savings or cost to private enterprises, municipalities,
3 school districts or municipal authorities which would result
4 from the promulgation or adoption of a regulation. The analysis
5 shall include all of the following information:
6 (1) Municipal, school district and municipal authority
7 expenditures necessary to comply with the regulation.
8 (2) The effect of the regulation on all of the
9 following:
10 (i) Private businesses, including the economic
11 resources required annually to comply with the
12 regulation.
13 (ii) Economic growth and competitiveness in this
14 Commonwealth.
15 (iii) Job creation and retention in this
16 Commonwealth.
17 * * *
18 Section 2. Section 5(a) introductory paragraph, (b)
19 introductory paragraph, (b.1), (b.2), (b.4), (b.5) and (e)
20 introductory paragraph are amended and the section is amended by
21 adding a subsection to read:
22 Section 5. Proposed regulation; criteria for review, existing
23 regulations.
24 (a) For proposed regulations, submitted after the effective
25 date of this section, at the same time that proposed regulations
26 and any changes thereto are submitted to the Legislative
27 Reference Bureau for publication of notice of proposed
28 rulemaking in the Pennsylvania Bulletin as required by the act
29 of July 31, 1968 (P.L.769, No.240), referred to as the
30 Commonwealth Documents Law, the agency proposing the regulation
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1 shall submit a copy of the proposed regulation to the
2 commission, the chairman and minority chairman of the
3 Appropriations Committees of the Senate and the House of
4 Representatives and the designated standing committee of each
5 House of the General Assembly. The agency proposing the
6 regulation shall hold a public comment period of at least 30
7 days, beginning with publication of the notice of proposed
8 rulemaking in the Pennsylvania Bulletin. At the same time the
9 agency submits the proposed regulation, it shall deliver
10 additional information to the commission, the chairman and
11 minority chairman of the Appropriations Committees of the Senate
12 and the House of Representatives and the designated standing
13 committees, including, but not limited to, the following:
14 * * *
15 (b) In addition to the requirements of subsection (a), for
16 regulations which impose gross fiscal impacts on either the
17 public sector, the private sector, or both of over $1,000,000,
18 in any year, or which impose other major impacts as determined
19 by the commission, the agency proposing the regulation shall
20 forward at the request of the commission, the chairman and
21 minority chairman of the Appropriations Committees of the Senate
22 and the House of Representatives or the designated standing
23 committee of either House of the General Assembly a written
24 regulatory analysis. Such regulatory analysis shall state:
25 * * *
26 (b.1) From the date of submittal of the proposed regulation,
27 the agency shall submit to the commission, the chairman and
28 minority chairman of the Appropriations Committees of the Senate
29 and the House of Representatives and the designated standing
30 committee of each House of the General Assembly, within five
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1 days of receipt, a copy of any comments received by the agency
2 which refers to or concerns the proposed regulation. Prior to or
3 upon submission of a proposed regulation, the agency shall, upon
4 request, submit to the commission, the chairman and minority
5 chairman of the Appropriations Committees of the Senate and the
6 House of Representatives and the designated standing committees
7 copies of reports from advisory groups and other documents
8 received from or disseminated to the public pertaining or
9 referring to the proposed regulation, and public notices or
10 announcements regarding solicitation of public comments or
11 meetings held by the agency on the subject of the proposed
12 regulation.
13 (b.2) (1) The standing committee may, within 20 calendar
14 days from the closing date of the public comment period,
15 convey to the agency a summary of their objections stating
16 the reasons why the proposed regulation is unacceptable and a
17 copy of any staff reports deemed pertinent. Such comments
18 shall include, but not be limited to, deviations from the
19 statutory authority of the agency and the intention of the
20 General Assembly in the enactment of the statute upon which
21 the proposed regulation was based.
22 (2) The chairman and minority chairman of the
23 Appropriations Committees of the Senate and the House of
24 Representatives shall each prepare an economic impact
25 statement for the proposed regulation. The economic impact
26 statements shall be submitted to the agency, the commission
27 and the designated standing committees within ten calendar
28 days from the closing date of the public comment period.
29 * * *
30 (b.4) The agency shall review and consider public comments,
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1 the economic impact statements submitted by the chairman and
2 minority chairman of the Appropriations Committees of the Senate
3 and the House of Representatives and the comments of the
4 standing committees and commission, if any, pursuant to this
5 section. Upon completion of the agency's review of comments, the
6 agency shall submit to the commission, the chairman and minority
7 chairman of the Appropriations Committees of the Senate and the
8 House of Representatives and the designated standing committee
9 of each House of the General Assembly a copy of the agency's
10 response to the comments received and the text of the final-form
11 regulation which the agency intends to adopt. If an agency fails
12 to submit the final-form regulation within two years of the
13 close of the public comment period but still desires to proceed
14 with the rulemaking, the agency must republish the regulation as
15 a new rulemaking with a new public comment period in accordance
16 with section 201 of the Commonwealth Documents Law.
17 (b.5) At the same time that the agency submits such material
18 to the commission, the chairman and minority chairman of the
19 Appropriations Committees of the Senate and the House of
20 Representatives and the designated standing committees, it shall
21 transmit by first class mail a notice of submittal consisting of
22 a copy of the text of the final-form regulation or a copy of all
23 changes incorporated into the final-form regulation from what
24 was initially published to each party that submitted comments on
25 the regulation during the public comment period following
26 publication of the proposed regulation in the Pennsylvania
27 Bulletin. The agency shall not be responsible for notifying each
28 party whose name appears on petitions or membership lists who
29 did not present individual comments on the regulation. No
30 changes to a regulation shall be accepted, except as provided in
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1 section 7, after the submission of the regulation to the
2 commission and the designated standing committee.
3 (b.6) The chairman and minority chairman of the
4 Appropriations Committees of the Senate and the House of
5 Representatives shall each prepare an update of the economic
6 impact statement required by subsection (b.2)(2), which reflects
7 any revisions or modifications contained in the final-form
8 regulation, and submit it to the agency, the commission and
9 designated standing committees within ten calendar days from the
10 date of receipt of the information required under subsection
11 (b.4).
12 * * *
13 (e) Upon a finding that the final-form regulation is not
14 contrary to the statutory authority of the agency and to the
15 intention of the General Assembly in the enactment of the
16 statute upon which the final-form regulation is based, the
17 commission shall further consider the following in ascertaining
18 whether the final-form regulation is in the public interest[:],
19 and in doing so shall consider information provided by the
20 agency, public comments, comments submitted by the standing
21 committees of each House of the General Assembly and the
22 economic impact statements submitted by the chairman and
23 minority chairman of the Appropriations Committees of the Senate
24 and the House of Representatives:
25 * * *
26 Section 3. Section 7(c) of the act is amended to read:
27 Section 7. Procedures for subsequent review.
28 * * *
29 (c) If the agency determines that it is desirable to
30 implement the final-form regulation with further revisions or
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1 modifications, the agency shall submit a report to the
2 designated standing committees of the House of Representatives
3 and the Senate, the chairman and minority chairman of the
4 Appropriations Committees of the Senate and the House of
5 Representatives and the commission within 40 days of the
6 agency's receipt of the commission's disapproval order. The
7 agency's report shall contain the revised final-form regulation,
8 the findings of the commission, and the response and
9 recommendations of the agency regarding the revised final-form
10 regulation. Failure of the agency to submit a report within the
11 time period provided by this subsection shall constitute
12 withdrawal of the final-form regulation. Upon receipt of the
13 agency's report, the chairman and minority chairman of the
14 Appropriations Committees of the Senate and the House of
15 Representatives shall each have five days to submit an update of
16 the economic impact statement required by section 5(b.6), which
17 reflects any revisions or modifications to the final-form
18 regulation, to the designated standing committees and the
19 commission. Upon receipt of the agency's report, the designated
20 standing committees shall have ten days to notify the commission
21 of their approval or disapproval of the agency's report. Failure
22 of a designated standing committee to notify the commission of
23 its disapproval within ten days shall constitute its approval of
24 the agency's report. The commission shall have seven days or
25 until its next regularly scheduled meeting, whichever is longer,
26 from the completion of the designated standing committees' ten-
27 day review period in which to approve the agency's report or to
28 continue its bar upon final publication of the regulation and
29 transmit notice of disapproval and the agency's report to the
30 designated standing committees for consideration by the General
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1 Assembly pursuant to subsection (d). However, if the commission
2 is prevented from transmitting notice and the report to the
3 General Assembly within the time period provided for in this
4 subsection because of recess or adjournment, it may transmit
5 notice and the report on the first subsequent session day.
6 Failure of the commission to transmit the agency's report within
7 the time period provided by this subsection or on the first
8 subsequent session day shall constitute approval of the revised
9 final-form regulation.
10 * * *
11 Section 4. This act shall take effect in 60 days.
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