HOUSE AMENDED
PRIOR PRINTER'S NOS. 538, 793, 1031 PRINTER'S NO. 1133
No. 7 Session of 1997
INTRODUCED BY WENGER, THOMPSON, MADIGAN, LOEPER, BRIGHTBILL,
JUBELIRER, HELFRICK, O'PAKE AND STAPLETON, FEBRUARY 25, 1997
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 3, 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," further providing for legislative intent,
6 for definitions, for the Independent Regulatory Review
7 Commission, for review criteria, for commission and agency
8 review procedure, for statutory compliance, for subsequent
9 review, for classification of documents, for modifying
10 regulations, for existing regulations, for staff, for
11 subpoena power, for administrative functions and for
12 termination.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Sections 2, 3 and 4 of the act of June 25, 1982
16 (P.L.633, No.181), known as the Regulatory Review Act, reenacted
17 and amended June 30, 1989 (P.L.73, No.19), are amended to read:
18 Section 2. Legislative intent.
19 (a) The General Assembly has enacted a large number of
20 statutes [conferring] and has conferred on boards, commissions,
21 departments and [other] agencies [of] within the executive
22 branch of government the authority to adopt rules and
1 regulations to [supplement and] implement those statutes. The
2 General Assembly has found that this delegation of its authority
3 has resulted in regulations being promulgated without undergoing
4 effective review concerning cost benefits, duplication,
5 inflationary impact and conformity to legislative intent. The
6 General Assembly finds that it must [provide] establish a
7 procedure for oversight and review of regulations adopted
8 pursuant to this delegation of legislative power in order to
9 curtail excessive regulation and to [establish a system of
10 accountability so that the bureaucracy must justify its use of
11 the regulatory] require the executive branch to justify its
12 exercise of the authority to regulate before imposing hidden
13 costs upon the economy of Pennsylvania. It is the intent of this
14 act to establish a method for [continuing] ongoing and effective
15 legislative review[, accountability] and oversight[. It is the
16 further intent of this act] in order to foster executive branch
17 accountability; to provide for primary review by a commission
18 with sufficient authority, expertise, independence and time to
19 perform that [responsibility. It is the further intent of this
20 act] function; to provide ultimate review of regulations by the
21 General Assembly [of those regulations. This act is intended to
22 provide a method of oversight and review of regulations issued
23 by executive agencies]; and to assist the Governor, the Attorney
24 General and the General Assembly in their supervisory and
25 oversight functions [and it]. To the greatest extent possible,
26 this act is intended to encourage the resolution of objections
27 to a regulation and the reaching of a consensus among the
28 commission, the standing committees, interested parties and the
29 agency.
30 (b) This act is not intended to create [any] a right or
19970S0007B1133 - 2 -
1 benefit, substantive or procedural, enforceable at law by a
2 [party] person against another person or against the
3 Commonwealth, its agencies[, officers or any person] or its
4 officers.
5 Section 3. Definitions.
6 The following words and phrases when used in this act shall
7 have, unless the context clearly indicates otherwise, the
8 meanings given to them in this section:
9 "Agency." Any department, departmental administrative board
10 or commission, independent board or commission, agency or other
11 authority of this Commonwealth now existing or hereafter
12 created, but shall not include the Senate or the House of
13 Representatives, the Pennsylvania Fish Commission, the
14 Pennsylvania Game Commission or any court, political
15 subdivision, municipal or local authority.
16 "Commission." The Independent Regulatory Review Commission.
17 ["Designated standing committee." A standing committee of
18 the House of Representatives or the Senate designated by the
19 Speaker of the House of Representatives for the House and the
20 President pro tempore of the Senate for the Senate which
21 designation shall prescribe the jurisdiction of each standing
22 committee over the various State agencies for purposes of this
23 act.]
24 "Committee." A standing committee of the Senate or the House
25 of Representatives designated by the President pro tempore of
26 the Senate for the Senate or by the Speaker of the House of
27 Representatives for the House. The designation shall prescribe
28 the jurisdiction of each standing committee over the various
29 State agencies for purposes of this act. The designation shall
30 be transmitted to the Legislative Reference Bureau for
19970S0007B1133 - 3 -
1 publication in the Pennsylvania Bulletin.
2 "Commonwealth Attorneys Act." The act of October 15, 1980
3 (P.L.950, No.164), known as the "Commonwealth Attorneys Act."
4 "Commonwealth Documents Law." The act of July 31, 1968
5 (P.L.769, No.240), referred to as the Commonwealth Documents
6 Law.
7 "Family." A parent, spouse, child, brother or sister.
8 "Final-form regulation." A regulation [submitted by]
9 previously published as a proposed regulation pursuant to the
10 act of July 31, 1968 (P.L.769, No.240), referred to as the
11 Commonwealth Documents Law which an agency submits to the
12 commission and the [designated standing] committees following
13 the close of the public comment period[, as provided by section
14 201 of the act of July 31, 1968 (P.L.769, No.240), referred to
15 as the Commonwealth Documents Law].
16 "Final-omitted regulation." A regulation which an agency
17 submits to the commission and the committees for which the
18 agency has omitted notice of proposed rulemaking pursuant to
19 section 204 of the act of July 31, 1968 (P.L.769, No.240),
20 referred to as the Commonwealth Documents Law.
21 "Promulgate." To publish an order adopting a final-form or
22 final-omitted regulation in accordance with the act of July 31,
23 1968 (P.L.769, No.240), referred to as the Commonwealth
24 Documents Law.
25 "Proposed regulation." A document intended for promulgation
26 as a regulation which an agency submits to the commission and
27 the committees and for which the agency gives notice of proposed
28 rulemaking and holds a public comment period pursuant to the act
29 of July 31, 1968 (P.L.769, No.240), referred to as the
30 Commonwealth Documents Law.
19970S0007B1133 - 4 -
1 "Regulation." Any rule or regulation, or order in the nature
2 of a rule or regulation, promulgated by an agency under
3 statutory authority in the administration of any statute
4 administered by or relating to the agency or amending, revising
5 or otherwise altering the terms and provisions of an existing
6 regulation, or prescribing the practice or procedure before such
7 agency. The term shall also include actions of the Liquor
8 Control Board which have an effect on the discount rate for
9 retail licensees. The term shall not include a proclamation,
10 executive order, directive or similar document [promulgated]
11 issued by the Governor, but shall include a regulation which may
12 be promulgated by an agency, only with the approval of the
13 Governor.
14 "Withdrawal." Removal of a proposed, final-form or final-
15 omitted regulation by an agency from the review process so that
16 the commission and the committees are prevented from taking
17 further action on the regulation.
18 Section 4. [Creation] Composition of commission; membership,
19 compensation; vacancies; removal.
20 (a) The Independent Regulatory Review Commission shall
21 consist of five members to be known as commissioners. One
22 [member of the commission] commissioner shall be appointed by
23 the Governor to serve at [his] the Governor's pleasure, one by
24 the President pro tempore of the Senate, one by the Speaker of
25 the House of Representatives, one by the Minority Leader of the
26 Senate and one by the Minority Leader of the House of
27 Representatives. [No] A member of the General Assembly or any
28 other officer or employee of State Government [shall] may not
29 serve as a [member of the commission: Provided, however, That]
30 commissioner; but a [commission member] commissioner may serve
19970S0007B1133 - 5 -
1 on advisory boards and commissions, or on other boards and
2 commissions which do not promulgate any rules and regulations
3 which may come before the commission for review pursuant to this
4 act.
5 (b) [Of the original members, the two members appointed by
6 the Speaker of the House and the Minority Leader of the House of
7 Representatives respectively shall serve for an initial term of
8 two years and the two members appointed by the President pro
9 tempore of the Senate and the Minority Leader of the Senate
10 respectively shall serve for an initial term of three years.
11 Thereafter, each] Each appointment provided for by this act
12 shall be for a term of three years and such appointments shall
13 be made in the same manner as [the original appointments] set
14 forth in subsection (a). From the time of [original] initial
15 appointment to the commission, [no] a commissioner may not serve
16 more than two full terms consecutively. A commissioner
17 [initially] appointed to serve the remainder of an unexpired
18 term shall, in addition thereto, be eligible to be appointed to,
19 and to serve, two full terms.
20 (c) [All vacancies shall be filled,] An appointment to fill
21 a vacancy for the remainder of the unexpired term[,] shall be
22 made in the same manner as [original appointments] set forth in
23 subsection (a). [Any commissioner, upon the expiration of his
24 term,] Upon the expiration of a commissioner's term of office,
25 the commissioner shall continue to hold office until [his] a
26 successor [shall be] is appointed.
27 (d) [The commissioners] A commissioner shall receive $125
28 per day as compensation for [their] services rendered to the
29 commission. [The commissioners] A commissioner shall also be
30 entitled to reimbursement for travel and other necessary
19970S0007B1133 - 6 -
1 expenses incurred as a result of [their] official duties [as
2 members of the commission]. The expenses incurred by [the
3 commissioners, or by any employees] a commissioner, or by an
4 employee of the commission, shall be [allowed and] paid on the
5 presentation of itemized vouchers therefor, which vouchers shall
6 be subject to the approval of the commission.
7 (e) Except as authorized pursuant to [this section]
8 subsection (f) or (h) and except for the Governor's appointee
9 who shall serve at [his] the Governor's pleasure, [no] a
10 commissioner may not be removed [from office] during [his term]
11 the commissioner's term of office. The Governor may, with the
12 approval of two-thirds of the members of the Senate, upon [a]
13 clear and convincing evidence of misfeasance or malfeasance in
14 office or neglect of duty, remove a commissioner prior to the
15 expiration of the commissioner's term. The Governor shall
16 provide the commissioner [so removed] to be removed with a
17 detailed written statement of the reasons for [his] removal.
18 (f) [Any member of the commission] A commissioner formally
19 charged before a court of record with the commission of a felony
20 or with a misdemeanor as provided by 18 Pa.C.S. Pt. II Art. E
21 (relating to offenses against public administration) shall
22 immediately be suspended as a [member of the commission]
23 commissioner until the charge is dismissed or a verdict of
24 acquittal is announced. If [any commission member shall be] a
25 commissioner pleads guilty or nolo contendere or is found guilty
26 of such offense, [then] or receives probation without verdict,
27 disposition in lieu of trial, or an accelerated rehabilitative
28 disposition for felony or misdemeanor charges in this
29 Commonwealth or in any other jurisdiction, that [commissioner's
30 membership shall become vacant automatically] commissioner shall
19970S0007B1133 - 7 -
1 immediately be removed from the commission upon announcement of
2 the verdict or disposition by [a trial] the court or upon the
3 court's acceptance of a plea of guilty or nolo contendere. [No
4 commission member shall]
5 (f.1) A commissioner may not participate in deliberations
6 regarding any regulation which significantly affects the
7 operation or activities of any organization (except a nonprofit
8 organization certified under section 501(c)(3) of the Internal
9 Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3))
10 in which the [commission member] commissioner holds a
11 nonsalaried position) in which [he] the commissioner, or any
12 member of [his family, has a substantial economic interest] the
13 commissioner's family, owns shares of stock in excess of 5% of
14 the total issue of the stock, has an ownership interest in
15 excess of 5% of the total ownership, or serves as an officer,
16 director, trustee, partner or employee. Within 90 days of
17 appointment, and annually thereafter, each [commission member]
18 commissioner shall disclose [the existence of] all business
19 affiliations and financial interests. The disclosure statement
20 shall be filed with the executive director of the [Independent
21 Regulatory Review Commission] commission and the Ethics
22 Commission and shall be available for public inspection during
23 business hours of the commission. Each commissioner's disclosure
24 statement shall remain on file as long as the [commission member
25 to which it applies] commissioner remains on the commission.
26 [Prior to any vote upon any regulation upon which any member] If
27 a commissioner has or may have a conflict of interest, or feels
28 [he or any other] another commissioner has or may have a
29 [potential] conflict of interest[, such member] in deliberating
30 on a regulation, the commissioner shall, prior to the vote on
19970S0007B1133 - 8 -
1 the regulation, disclose [such] the conflict or potential
2 conflict [and]. The commissioner may request a ruling from the
3 [chairman] chairperson of the commission upon the question of
4 whether [such] the conflict or potential conflict disqualifies
5 the [member] commissioner from voting on the regulation. [Any
6 member of the commission] A commissioner may challenge the
7 ruling of the [chairman,] chairperson; and, in [such] that case,
8 the question shall be resolved by majority vote of the
9 commission. The [chairman] chairperson or a majority of the
10 commissioners may request the Ethics Commission to provide
11 advice regarding conflicts of interest, and [such] the advice,
12 when given, shall be binding upon the commission. A [member of
13 the commission] commissioner commits a misdemeanor of the second
14 degree [if such member] by knowingly and intentionally
15 [violates] violating the provisions of this subsection. [No
16 person who acts] The commission or its employees, when acting in
17 good faith on an opinion issued to [him] a commissioner by the
18 [chairman] chairperson or the Ethics Commission shall not be
19 subject to criminal or civil penalties levied under the act of
20 October 4, 1978 (P.L.883, No.170), referred to as the Public
21 Official and Employee Ethics Law, for so acting, provided the
22 material facts are as stated in the request for an opinion. In
23 addition to the requirements of this act, a commissioner is
24 subject to the Public Official and Employee Ethics Law.
25 (g) [A chairman shall be elected by the commission] The
26 commission shall elect a chairperson, who shall serve for a term
27 of two years and until [his successors shall be] a successor is
28 elected. The [chairman] chairperson shall preside at meetings of
29 the commission and shall execute documents relating to the
30 formal actions of the commission.
19970S0007B1133 - 9 -
1 (h) The commission shall meet [at least twice a month at
2 such] before the period for its review of regulations under this
3 act expires and at other times as necessary to transact the
4 business of the commission and insure an expeditious and orderly
5 review of regulations under this act. Meetings shall be held at
6 times and places [as shall be] set by the [chairman]
7 chairperson. A meeting may be rescheduled by the commission upon
8 the provision of at least ten days' notice to all affected
9 agencies AND THE COMMITTEES. A commissioner who fails to attend <--
10 three consecutive meetings without cause shall be removed as a
11 commissioner by the authority appointing the commissioner.
12 (i) For purposes of conducting official business, a quorum
13 [shall consist] consists of three [members. Members]
14 commissioners. A commissioner must be physically present to be
15 counted toward the quorum. If the commission is unable to
16 conduct business for lack of a quorum, the deadline for the
17 commission to [notify the agency of an objection] take action on
18 a regulation in accordance with [section 6(a) or to issue an
19 order in accordance with section 7(c)] this act shall be
20 postponed for 30 days or until the next meeting at which a
21 quorum is in attendance, whichever first occurs.
22 Section 2. Section 5 of the act is amended and renumbered to
23 read:
24 Section 5. Proposed [regulation;] regulations; procedures and
25 criteria for review[, existing regulations].
26 (a) [For proposed regulations, submitted after the effective
27 date of this section, at the same time that proposed regulations
28 and any changes thereto are submitted] On the same date that an
29 agency submits a proposed regulation to the Legislative
30 Reference Bureau for publication of notice of proposed
19970S0007B1133 - 10 -
1 rulemaking in the Pennsylvania Bulletin as required by [the act
2 of July 31, 1968 (P.L.769, No.240), referred to as] the
3 Commonwealth Documents Law, the agency [proposing the
4 regulation] shall submit to the commission and the committees a
5 copy of the proposed regulation [to the commission and the
6 designated standing committee of each House of the General
7 Assembly. The agency proposing the regulation shall hold a
8 public comment period of at least 30 days, beginning with
9 publication of the notice of proposed rulemaking in the
10 Pennsylvania Bulletin. At the same time the agency submits the
11 proposed regulation, it shall deliver additional information to
12 the commission and the designated standing committees,
13 including, but not limited to,] and a regulatory analysis form
14 which includes the following:
15 (1) The [name] title of the agency [proposing the
16 regulation and a statement of the statutory or other
17 authority under which the regulation or change is proposed
18 and if such regulation or change is proposed to implement the
19 requirements of Federal statute or Federal regulation, such
20 Federal statute or regulation shall be cited with
21 specificity.] and the names, office addresses and the
22 telephone numbers of the agency officials responsible for
23 responding to questions regarding the regulation or for
24 receiving comments relating to the regulation.
25 (1.1) A specific citation to the Federal or State
26 statutory or regulatory authority, or the decision of a
27 Federal or State court, under which the agency is proposing
28 the regulation, which the regulation is designed to implement
29 or which may mandate or affect compliance with the
30 regulation.
19970S0007B1133 - 11 -
1 (2) A [brief explanation] concise and, when possible,
2 nontechnical explanation of the proposed regulation [or
3 change].
4 (3) A statement of the need for the regulation [or
5 change].
6 (4) Estimates of the direct [cost] and indirect costs to
7 the Commonwealth [and direct and indirect cost], to its
8 political subdivisions and [indirect cost] to the private
9 sector. Insofar as the [proposal] proposed regulation relates
10 to [direct cost] costs to the Commonwealth, the agency may
11 submit in lieu of its own statement the fiscal note prepared
12 by the Office of the Budget pursuant to section 612 of the
13 act of April 9, 1929 (P.L.177, No.175), known as "The
14 Administrative Code of 1929."
15 (5) A statement of legal, accounting or [consultant]
16 consulting procedures [which may be required for
17 implementation of the regulation by those affected by it.
18 (6) A statement of any] and additional reporting,
19 recordkeeping or other paperwork [required by the proposed
20 regulations], including copies of [any] forms or reports,
21 which will be required [in the] for implementation of the
22 [proposed] regulation, and an explanation of measures which
23 have been taken to minimize these requirements.
24 (7) [An outline of conformance with the public comment
25 period and relevant dates including dates by which comments
26 must be received, dates of proposed public hearings, the
27 effective date of final regulations, date by which compliance
28 with the proposed regulations will be required, including the
29 date by which any required permits, licenses or other
30 approvals must be obtained.
19970S0007B1133 - 12 -
1 (8) The name of the author or authors of the regulation
2 with their office address and phone numbers included.] A
3 schedule for review of the proposed regulation, including the
4 date by which the agency must receive comments; the date or
5 dates on which public hearings will be held; the expected
6 date of promulgation of the proposed regulation as a final-
7 form regulation; the expected effective date of the final-
8 form regulation; the date by which compliance with the final-
9 form regulation will be required; and the date by which
10 required permits, licenses or other approvals must be
11 obtained.
12 (9) An identification of the types of persons,
13 businesses and organizations which would be affected by the
14 regulation.
15 (10) [Identification] An identification of [any other
16 regulations which would be affected by the regulation.] the
17 financial, economic and social impact of the regulation on
18 individuals, business and labor communities and other public
19 and private organizations and, when practicable, an
20 evaluation of the benefits expected as a result of the
21 regulation.
22 (11) A description of any special provisions which have
23 been developed to meet the particular needs of affected
24 groups and persons, including minorities, the elderly, small
25 businesses and farmers.
26 (12) A description of any alternative regulatory
27 provisions which have been considered and rejected and a
28 statement that the least burdensome acceptable alternative
29 has been selected.
30 (13) A description of the plan developed for evaluating
19970S0007B1133 - 13 -
1 the continuing effectiveness of the regulation after its
2 implementation.
3 (b) The requirements of [this section] subsection (a) shall
4 not diminish the [Notice of Proposed Rulemaking] requirements of
5 section 201 of the Commonwealth Documents Law, but the
6 information required by this section may be included in the
7 Notice of Proposed Rulemaking [requirement for publication]
8 published 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 or the designated
20 standing committee of either House of the General Assembly a
21 written regulatory analysis. Such regulatory analysis shall
22 state:
23 (1) the financial, economic and social impacts of the
24 regulation on individuals, business and labor communities or
25 other public and private organizations. When practicable, an
26 evaluation of the benefits expected as a result of the
27 regulation should be included;
28 (2) that alternative approaches have been considered and
29 the least burdensome acceptable alternative has been
30 selected;
19970S0007B1133 - 14 -
1 (3) that, in arriving at the acceptable alternative,
2 consideration was given to minimizing new reporting,
3 accounting and legal requirements;
4 (4) that a plan for the evaluation of the effectiveness
5 of the regulation after its issuance has been developed; and
6 (5) the manner in which, when it is lawful, desirable
7 and feasible, special provisions have been developed to meet
8 the particular needs of affected groups and persons
9 including, but not limited to: minorities, elderly, small
10 businesses and farmers.] The agency shall hold a public
11 comment period, which shall commence with the publication of
12 the notice of proposed rulemaking and shall continue for 30
13 days unless the Governor or, in the case of an independent
14 agency, the agency head approves a comment period of less
15 than 30 days. In no case shall the comment period be less
16 than 15 days.
17 [(b.1)] (c) From the date of [submittal] submission of the
18 proposed regulation, the agency shall submit to the commission
19 and the [designated standing committee of each House of the
20 General Assembly] committees, within five days of receipt, a
21 copy of [any] comments [received by the agency which refers to
22 or concerns] which the agency receives relating to the proposed
23 regulation. [Prior to or upon submission of a proposed
24 regulation, the] The agency shall also, upon request, submit to
25 the commission and the [designated standing] committees copies
26 of reports from advisory groups and other documents received
27 from or disseminated to the public [pertaining or referring]
28 relating to the proposed regulation[,] and public notices or
29 announcements [regarding] relating to solicitation of public
30 comments or meetings [held by the agency on the subject of the
19970S0007B1133 - 15 -
1 proposed] which the agency held or will hold relating to the
2 proposed regulation.
3 [(b.2)] (d) The [standing committee] committees may, within
4 20 [calendar] days from the closing date of the public comment <--
5 period, convey to the agency [a summary of] their comments and
6 objections [stating the reasons why] to the proposed regulation
7 [is unacceptable] and a copy of any staff reports deemed
8 pertinent. [Such] The comments and objections shall include[,
9 but not be limited to, deviations from] the lack of statutory
10 authority of the agency to promulgate the proposed regulation
11 and deviation of the proposed regulation from the intention of
12 the General Assembly in the enactment of the statute upon which
13 the proposed regulation [was] is based.
14 (e) If the committees are prevented from completing their
15 20-day review because of the adjournment sine die or expiration
16 of the legislative session in an even-numbered year, their
17 review of the proposed regulation shall automatically be
18 suspended until the fourth Monday in January of the next year.
19 On that date, the agency shall resubmit the proposed regulation
20 and all material required under this section to the committees
21 and the commission. If either committee has not been designated
22 by the fourth Monday in January of the next year, the agency may
23 not deliver the proposed regulation and required material to the
24 committees and the commission until both committees are
25 designated; but the agency shall deliver the proposed regulation
26 and the required material no later than the second Monday after
27 the date by which both committee designations have been
28 published in the Pennsylvania Bulletin. If the agency fails to
29 deliver the proposed regulation in the time prescribed in this
30 subsection, the agency shall be deemed to have withdrawn the
19970S0007B1133 - 16 -
1 proposed regulation. In computing the remaining time for
2 committee review, the number of days in which the committees
3 have had the proposed regulation under review as of the
4 adjournment sine die or expiration of the prior session shall be
5 subtracted from the 20-day committee review period; but the
6 committee review period in the next succeeding legislative
7 session shall not be less than ten days.
8 (f) An agency may not submit a proposed regulation to the
9 committees for review during the period from the end of the
10 legislative session in an even-numbered year to the date by
11 which both committees have been designated in the next
12 succeeding legislative session, but an agency may submit a
13 proposed regulation and the material required under subsection
14 (a) to the commission and the Legislative Reference Bureau
15 during this period in accordance with subsection (a). The public
16 comment period shall commence with the publication of the notice
17 of proposed rulemaking and end on the date designated by the
18 agency under subsection (b). The agency shall submit the
19 proposed regulation and required material to the committees in
20 the time prescribed by subsection (e). If the agency fails to
21 deliver the proposed regulation and required material to the
22 committees in the time prescribed by subsection (e), the agency
23 shall be deemed to have withdrawn the proposed regulation. The
24 committees' 20-day review period shall begin on the date of
25 receipt of the proposed regulation.
26 [(b.3)] (g) The commission shall, within [30 calendar days
27 from the closing date of the public comment period] ten days
28 after the expiration of the committee review period pursuant to
29 subsection (d), (e) or (f), notify the agency of any objections
30 [stating the reasons why the proposed regulation is unacceptable
19970S0007B1133 - 17 -
1 and a copy of any staff reports deemed pertinent] to the
2 proposed regulation. [Such] The notification shall specify the
3 regulatory review criterion which [have not been met by the
4 proposed regulation. Failure of] the proposed regulation has not
5 met. If the commission fails to object to any portion of the
6 proposed regulation within the [30 calendar days] time provided
7 in this subsection, the commission shall [constitute approval
8 of] be deemed to have approved that portion of the proposed
9 regulation[, and, in such cases, any subsequent disapproval].
10 Disapproval of the final-form regulation by the commission shall
11 relate only to objections raised by the commission to the
12 proposed regulation; to changes [made by the agency to the
13 proposed regulation or pursuant to recommendations received from
14 the standing committees] which the agency made to the proposed
15 regulation; or to recommendations, comments or objections which
16 a committee conveyed to the agency or the commission.
17 Section 5.1. Final-form regulations and final-omitted
18 regulations; procedures and criteria for review.
19 [(b.4)] (a) The agency shall review and consider public
20 comments and the comments of the [standing] committees and
21 commission[, if any,] pursuant to this section. Within seven
22 days of receipt of a public comment, the agency shall, by first
23 class or electronic mail, whichever is applicable, notify the
24 commentator of the agency's address and telephone number where
25 the commentator may submit a request for the information
26 concerning the final-form regulation under subsection (b). Upon
27 completion of the agency's review of comments, the agency shall
28 submit to the commission and the [designated standing committee
29 of each House of the General Assembly a copy of the agency's]
30 committees a copy of its response to the comments received, the
19970S0007B1133 - 18 -
1 names and addresses of commentators who have requested
2 additional information relating to the final-form regulation and
3 the text of the final-form regulation which the agency intends
4 to adopt. If an agency fails to submit, or withdraws and fails
5 to resubmit, the final-form regulation within two years of the
6 close of the public comment period but still desires to [proceed
7 with the rulemaking] promulgate the final-form regulation, the
8 agency [must] shall republish the regulation as a [new
9 rulemaking] proposed regulation with a new public comment period
10 in accordance with [section 201 of] the Commonwealth Documents
11 Law. If the agency is prevented from delivering its final-form
12 regulation to the commission and the committees within the time
13 period provided for in this subsection because of the
14 adjournment sine die or expiration of the legislative session in
15 an even-numbered year, the agency shall deliver its final-form
16 regulation in accordance with subsection(f).
17 [(b.5) At the same time that the agency submits such] (b)
18 On the same date that the agency submits the material required
19 in subsection (a) to the commission and the [designated
20 standing] committees, [it] the agency shall [transmit], by first
21 class or electronic mail, whichever is applicable, send a notice
22 of [submittal consisting of] submission and a copy of the text
23 of the final-form regulation or a copy of all changes to the
24 proposed regulation which are incorporated into the final-form
25 regulation [from what was initially published] to each [party
26 that submitted comments on the regulation during the public
27 comment period following publication of the proposed regulation
28 in the Pennsylvania Bulletin] commentator who requested this
29 information pursuant to subsection (a). The agency [shall not
30 be] is not responsible for notifying each party whose name
19970S0007B1133 - 19 -
1 appears on petitions or membership lists who did not present
2 individual comments on the regulation. [No changes to a
3 regulation shall be accepted, except as provided in section 7,
4 after the submission of the regulation to the commission and the
5 designated standing committee.]
6 (c) [The standing] The agency shall submit final-omitted
7 regulations to the commission and the committees for review
8 under subsections (d), (e) and (f) on the same date that the
9 agency submits the regulations to the Attorney General for
10 review as provided in section 204(b) of the Commonwealth
11 Attorneys Act. The requirements of section 5, except for the
12 requirements for holding a public comment period and for
13 notifying commentators, are applicable to final-omitted
14 regulations. If the agency makes revisions pursuant to
15 subsection (g), the agency shall deliver copies of the revisions
16 to the Attorney General on the same date that the agency
17 delivers the revisions to the commission and the committees.
18 (d) A committee shall, within 20 [calendar] days from the <--
19 date of receipt of the information required under subsection
20 [(b.4)] (a), or receipt of the information required under
21 subsection (c), approve or disapprove the final-form or final-
22 omitted regulation. The [standing] committee shall notify the
23 commission and the agency of its approval or disapproval.
24 [Failure of a standing committee to disapprove a regulation
25 within the 20 calendar days shall constitute approval thereof.
26 Along] If a committee fails to disapprove a final-form or final-
27 omitted regulation, the committee shall be deemed to have
28 approved that regulation. If the committee disapproves the
29 final-form or final-omitted regulation, the committee shall
30 include with a notification of [approval or] disapproval [the
19970S0007B1133 - 20 -
1 committee shall convey to the commission and the agency] a
2 report [which includes a summary of the objections of the
3 committee, if any,] stating the [reasons why the committee has
4 found the proposed regulation unacceptable,] committee's
5 objections to the final-form or final-omitted regulation and a
6 copy of [any] staff reports [deemed pertinent by the committee]
7 which the committee deems pertinent. [Such reasons] Objections
8 shall include, but not be limited to, [deviations from] the lack
9 of statutory authority of the agency to promulgate the final-
10 form or final-omitted regulation and deviation of that
11 regulation from the intention of the General Assembly in the
12 enactment of the statute upon which the [proposed] regulation
13 was based.
14 (e) The commission shall, within ten calendar days after the <--
15 expiration of the committee review period, or at its next
16 regularly scheduled meeting, whichever is later, approve or
17 disapprove the final-form or final-omitted regulation. The
18 commission shall notify the agency and the committees of its
19 approval or disapproval. If the commission fails to disapprove
20 the final-form or final-omitted regulation, the commission shall
21 be deemed to have approved the final-form or final-omitted
22 regulation. [In the event]
23 (f) If the [standing] committees are prevented from
24 completing their 20-day review because of adjournment sine die
25 or expiration of the legislative session in an even-numbered
26 [years] year, [consideration of the] their review of the final-
27 form or final-omitted regulation shall [be] automatically be
28 suspended until the fourth Monday in January of the next
29 [succeeding session of the General Assembly] year. On that date,
30 the agency shall resubmit the final-form or final-omitted
19970S0007B1133 - 21 -
1 regulation and required material to the [designated standing
2 committee of each chamber, or its successor committee, and to]
3 committees and the commission. [The standing committees, or
4 their successor committees, shall have 20 calendar days and the
5 commission shall have 30 calendar days from receipt of the
6 final-form regulation and the information required under
7 subsection (b.4) is received to review such regulation.] If
8 either committee has not been designated by the fourth Monday in
9 January, the agency may not deliver the final-form or final-
10 omitted regulation and required material to the committees and
11 the commission until both committees are designated. If the
12 agency fails to deliver the final-form or final-omitted
13 regulation and required material to the commission and the
14 committees by the second Monday after the date by which both
15 committee designations have been published in the Pennsylvania
16 Bulletin, the agency shall be deemed to have withdrawn the
17 final-form or final-omitted regulation. In computing the [20-
18 day] remaining time for committee review [period and the 30-day
19 commission review period], the number of days in which the
20 committees have had the final-form or the final-omitted
21 regulation [had been] under review [by the standing committees
22 and by the commission] as of the adjournment sine die or
23 expiration of the prior session shall be subtracted from the 20-
24 day committee [and the 30-day commission review periods,
25 respectively. Failure of the agency to resubmit the final-form
26 regulation on the fourth Monday in January of the next
27 succeeding session shall constitute withdrawal thereof. No]
28 review period; but the committee review period in the next
29 succeeding legislative session shall not be less than ten days.
30 An agency may not submit a final-form or final-omitted
19970S0007B1133 - 22 -
1 regulation [shall be submitted] to the commission or the
2 [standing] committees for review during the period from the
3 [end] adjournment sine die or expiration of the legislative
4 session of an even-numbered [years] year to the [fourth Monday
5 in January of] date by which both committees have been
6 designated in the next succeeding legislative session[, but].
7 This section shall not apply to [emergency] emergency-certified
8 regulations [may be] adopted pursuant to the provisions of
9 section [6(b)] 6(d).
10 (g) Except as provided in this subsection, the agency may
11 not make any changes to a final-form or final-omitted regulation
12 after the agency submits the final-form or final-omitted
13 regulation to the commission and the committees.
14 (1) Prior to the expiration of the 20-day review period
15 of the committees or to the date on which either of the
16 committees takes action on the final-form or final-omitted
17 regulation, whichever occurs first, the agency may, unless
18 the commission shall object, toll the time for the
19 commission's and the committees' review of the final-form or
20 final-omitted regulation in order to allow time for the
21 agency to consider revisions to the final-form or final-
22 omitted regulation recommended by the commission or a
23 committee.
24 (2) The review period set forth under paragraph (1) may <--
25 be tolled for TOLLING UNDER PARAGRAPH (1) MAY LAST FOR UP TO <--
26 30 days. If, within 30 days, the agency fails to submit
27 revisions to the committees and the commission or fails to
28 notify the commission and the committees in writing that it
29 will not submit revisions but wishes the commission and the
30 committees to resume their review, the agency shall be deemed
19970S0007B1133 - 23 -
1 to have withdrawn the final-form or final-omitted regulation.
2 (3) The committees shall have the remainder of the 20-
3 day review period or ten days from the date of receipt of the
4 revised final-form or final-omitted regulation or written
5 notification under paragraph (2), whichever is longer; and
6 the commission shall have ten days after expiration of the
7 committee review period or until its next regularly scheduled
8 meeting, whichever is longer, to review the final-form or
9 final-omitted regulation. If the commission or the committees
10 fail to disapprove the final-form or final-omitted regulation
11 within the respective time periods, the regulation shall be
12 deemed approved.
13 (4) The commission AGENCY may not toll the time for <--
14 review of any final-form or final-omitted regulation more
15 than one time.
16 (5) If the committees and the commission are prevented
17 from completing their review pursuant to this subsection
18 because of the adjournment sine die or the expiration of the
19 legislative session in an even-numbered year, the agency
20 shall resubmit the final-form or final-omitted regulation and
21 review shall proceed in accordance within subsection (f).
22 [(d)] (h) In determining whether to approve or to disapprove
23 a final-form or a final-omitted regulation [is in the public
24 interest], the commission shall, first and foremost, [make a
25 determination that] determine whether the [final-form regulation
26 is not contrary to] agency has the statutory authority [of the
27 agency and] to promulgate the final-form or final-omitted
28 regulation and whether that regulation conforms to the intention
29 of the General Assembly in the enactment of the statute upon
30 which the [final-form] regulation is based. In [formulating]
19970S0007B1133 - 24 -
1 making its determination, the commission shall consider written
2 comments submitted by the [designated standing] committees [of
3 each House of the General Assembly] and current members of the
4 General Assembly [and any], pertinent opinions of Pennsylvania's
5 courts and formal opinions of the Attorney General.
6 [(e)] (i) Upon a finding that the final-form or final-
7 omitted regulation is [not contrary to] consistent with the
8 statutory authority of the agency and [to] with the intention of
9 the General Assembly in the enactment of the statute upon which
10 the [final-form] regulation is based, the commission shall
11 [further] consider the following in [ascertaining] determining
12 whether the final-form or final-omitted regulation is in the
13 public interest:
14 (1) Economic or fiscal impacts of the final-form or
15 final-omitted regulation [or rule], which include the
16 following:
17 (i) Direct and indirect costs to the Commonwealth,
18 to political subdivisions and to the private sector.
19 (ii) Adverse effects on prices of goods and
20 services, productivity or competition.
21 (iii) The nature of [any] required reports, forms or
22 other paperwork and the estimated cost of their
23 preparation by individuals, businesses and organizations
24 in the private and public sectors [where such reports,
25 forms or other paperwork would be required].
26 (iv) The nature and estimated cost of [any] legal,
27 consulting or accounting services which the private or
28 public sector [would] may incur.
29 (v) The impact on the public interest of exempting,
30 or setting lesser standards of compliance for,
19970S0007B1133 - 25 -
1 individuals or small businesses when it is lawful,
2 desirable and feasible to do so.
3 (2) The protection of the public health, safety and
4 welfare, and the effect on this Commonwealth's natural
5 resources.
6 (3) The clarity, feasibility and reasonableness of the
7 final-form or final-omitted regulation to be determined by
8 considering the following:
9 (i) Possible conflict with or duplication of
10 statutes or existing regulations.
11 (ii) Clarity and lack of ambiguity.
12 (iii) Need for the regulation [or rule].
13 (iv) Reasonableness of requirements, implementation
14 procedures and timetables for compliance by the public
15 and private sectors.
16 (4) Whether the final-form or final-omitted regulation
17 represents a policy decision of such a substantial nature
18 that it requires legislative review.
19 (5) Approval or disapproval by the [designated standing
20 committee of the House of Representatives or the Senate]
21 committees.
22 [(f) Regulations for which notice of proposed rulemaking is
23 omitted pursuant to section 204 of the Commonwealth Documents
24 Law shall be submitted to the commission and the designated
25 standing committees for review under subsection (c) at the same
26 time that the regulations are submitted to the Attorney General
27 for review as provided in the act of October 15, 1980 (P.L.950,
28 No.164), known as the "Commonwealth Attorneys Act." The public
29 comment period and the information requirements as provided for
30 in subsection (b.1) are not applicable to these regulations.
19970S0007B1133 - 26 -
1 Except for regulations adopted under section 6(b), no final
2 order adopting such regulation shall be published until
3 completion of review pursuant to this act.
4 (g.1)] (j) The commission shall [only] accept public or
5 agency comments, except [those] comments [under subsection (c)] <--
6 from a committee or its members,[, EXCEPT THOSE COMMENTS UNDER <--
7 SUBSECTION (C),] only up to [72] 48 hours prior to the
8 commission's public meeting. [All documents, phone calls and
9 personal visits discussing a regulation shall be noted by the
10 commission and staff and made part of the public commission
11 record. Any] THE COMMISSION SHALL RECEIVE COMMENTS FROM A <--
12 COMMITTEE OR ITS MEMBERS UNTIL THE PUBLIC MEETING IS CALLED TO
13 ORDER. The commission shall transmit documents received during
14 the 48-hour period prior to the commission's public meeting to
15 the agency within 24 hours of receipt. The commission shall
16 receive additional public or agency comments [shall only be
17 received by the commission,] only after the public meeting has
18 been called to order.
19 (k) The commission shall note and shall make a part of the
20 public record all documents which it receives relating to a
21 regulation and shall retain the documents for four years after
22 the promulgation of the regulation.
23 (l) Except for emergency certified regulations adopted under
24 section 6(d), an agency may not promulgate a regulation until
25 completion of the review provided for in this act.
26 Section 3. Sections 6, 6.1, 7, 7.1, 8, 8.1, 9, 10, 11, 12
27 and 15 of the act are amended to read:
28 Section 6. Procedures for [commission consideration and agency
29 review] disapproval of final-form and final-
30 omitted regulations; emergency certified
19970S0007B1133 - 27 -
1 regulations.
2 (a) [Whenever] If the committees and the commission do not
3 disapprove a final-form or a final-omitted regulation by the
4 expiration of their respective review periods under section
5 5.1(d), (e) or (f), the agency may promulgate the final-form or
6 final-omitted regulation. If the commission [shall find that]
7 disapproves a final-form or final-omitted regulation [submitted
8 to the commission pursuant to section 5(b.4) or that a
9 regulation for which notice of proposed rulemaking is omitted
10 pursuant to section 204 of the act of July 31, 1968 (P.L.769,
11 No.240), referred to as the Commonwealth Documents Law, may be
12 contrary to the public interest under the criteria set forth in
13 section 5], the commission shall [notify] deliver its
14 disapproval order to the Legislative Reference Bureau, the
15 [standing committees, members of the public entitled to the
16 notice set forth in section 5(b.5)] committees, commentators who
17 have requested additional information under section 5.1(a) and
18 the agency. [promulgating such regulation of its finding. Such
19 notification] The disapproval order shall specify the regulatory
20 review criteria which [has not been met by the final-form
21 regulation, as well as a description of] the final-form or
22 final-omitted regulation has not met and shall describe the
23 documents and testimony which the commission relied on [by the
24 commission] in reaching its decision. The agency shall review
25 the commission's [finding] order and proceed pursuant to section
26 7(a). [If the commission does not notify the agency of any
27 objection within 30 days of the date the commission received the
28 information required in section 5(b.4), in the case of a final-
29 form regulation, or within 30 days of receipt, in the case of
30 omission of proposed rulemaking, the agency may proceed to
19970S0007B1133 - 28 -
1 promulgate the regulation as provided in the Commonwealth
2 Documents Law.]
3 (b) The [commission may, when notifying an agency of its
4 objections pursuant to subsection (a) or at any time following
5 such notification but prior to publication of a final order
6 adopting a regulation, issue an order barring the publication of
7 a final order adopting a] commission's order disapproving a
8 final-form or final-omitted regulation shall bar the agency from
9 promulgating that regulation pending subsequent review [of the
10 regulation in the manner provided in section 7. The commission
11 may not however issue an order against a proposed regulation to
12 the extent that the Attorney General certifies that proposed
13 regulation is required pursuant to the decree of any court or to
14 implement the provisions of a statute of the United States or
15 regulations issued thereunder by a Federal agency nor shall the
16 commission issue an order against a proposed regulation when
17 such regulation is transmitted with the certification of the
18 Governor that it is required to meet an emergency which shall
19 include but not be limited to conditions which may threaten the
20 public health, safety or welfare or cause a budget deficit or
21 create need for supplemental or deficiency appropriations of
22 greater than $1,000,000. In such case, the regulation can take
23 effect immediately and may remain in effect for up to 120 days
24 but after that time may be suspended by the commission with a
25 statement of disapproval unless it has been approved by the
26 General Assembly under the procedures contained in section 7(d).
27 If the commission issues a statement of disapproval after 120
28 days, the emergency regulation must comply with] under section
29 7.
30 (c) [Whenever a designated standing] If a committee [of the
19970S0007B1133 - 29 -
1 House of Representatives or the Senate] has notified the
2 commission of its disapproval of a final-form or final-omitted
3 regulation and the commission approves the [proposed] final-form
4 or final-omitted regulation, the commission shall, within two
5 business days, [notify the said designated standing] deliver its
6 approval order to the committee [of such approval]. If either
7 committee is prevented from receiving the commission's order
8 because of the adjournment sine die or expiration of the
9 legislative session in an even-numbered year, the commission
10 shall deliver its order to the committee or its successor
11 committee on the fourth Monday in January of the next year. If
12 either committee has not been designated by the fourth Monday in
13 January, the commission may not deliver its order to the
14 committees until both committees have been designated; but the
15 commission shall deliver its order no later than the second
16 Monday after the date by which both committee designations have
17 been published in the Pennsylvania Bulletin. The committee shall
18 have 14 days from receipt of [such notice] the approval order to
19 take action pursuant to section 7(d). During this 14-day period
20 the agency [shall not be permitted to] may not promulgate the
21 final-form or final-omitted regulation approved by the
22 commission. If, at the expiration of the 14-day period, the
23 [designated standing] committee fails to act on the final-form
24 or final-omitted regulation pursuant to section 7(d), the agency
25 may [proceed to] promulgate the final-form or final-omitted
26 regulation. [as provided in the Commonwealth Documents Law.] If <--
27 the commission is prevented from transmitting the notice
28 required under this subsection because of recess or adjournment
29 of either or both Houses of the General Assembly, the commission
30 shall transmit the notice on the first subsequent session day.] <--
19970S0007B1133 - 30 -
1 (d) The commission may not issue an order barring an agency
2 from promulgating a final-form or final-omitted regulation if
3 the Attorney General certifies that the final-form or final-
4 omitted regulation is required pursuant to the decree of any
5 court or to implement the provisions of a statute of the United
6 States or regulations issued thereunder by a Federal agency or
7 if the Governor certifies that the final-form or final-omitted
8 regulation is required to meet an emergency which includes
9 conditions which may threaten the public health, safety or
10 welfare; cause a budget deficit; or create the need for
11 supplemental or deficiency appropriations of greater than
12 $1,000,000. In those cases, the final-form or final-omitted
13 regulation may take effect on the date of publication or on a
14 later date specified in the order adopting the final-form or
15 final-omitted regulation. The commission and the committees
16 shall review the final-form or final-omitted regulation pursuant
17 to the procedures provided for in this act. If the final-form or
18 final-omitted regulation is disapproved pursuant to those
19 procedures, that regulation shall be rescinded after 120 days or
20 upon final disapproval, whichever occurs later.
21 [Section 6.1. Agency action pursuant to statute.
22 Final form regulations shall be promulgated by a proposing
23 agency pursuant to statute.]
24 Section 7. Procedures for subsequent review of disapproved
25 final-form or final-omitted regulations.
26 (a) Within seven days [of receipt of a notice of disapproval
27 from the commission] after the agency has received an order from
28 the commission disapproving and barring promulgation of a final-
29 form or final-omitted regulation issued pursuant to section
30 6(a), the agency shall notify the Governor, the [designated
19970S0007B1133 - 31 -
1 standing] committees [of the House of Representatives and the
2 Senate,] and the commission of its [intentions to] selection of
3 one of the following options:
4 (1) To proceed further with the final-form or final-omitted
5 regulation pursuant to subsection (b) [or (c) or to].
6 (2) To proceed further with the final-form or final-omitted
7 regulation pursuant to subsection (c).
8 (3) To withdraw the final-form or final-omitted regulation.
9 [Failure to submit the notification required by this subsection
10 shall constitute withdrawal of the regulation.]
11 (a.1) If the committees are prevented from receiving the
12 notice required in this section because of the adjournment sine
13 die or expiration of the legislative session in an even-numbered
14 year, the agency shall deliver the notice to the Governor, the
15 commission and the committees on the fourth Monday in January of
16 the next year. If either committee has not been designated by
17 the fourth Monday in January, the agency may not deliver the
18 notice to the commission and the committees until both
19 committees are designated; but the agency shall deliver the
20 notice to the committees and the commission no later than the
21 second Monday after the date by which both committee
22 designations have been published in the Pennsylvania Bulletin.
23 If the agency fails to deliver the notice to the commission and
24 the committees in the time prescribed in this subsection, the
25 agency shall be deemed to have withdrawn that regulation.
26 (b) If the agency [determines that it is desirable to
27 implement the final-form] decides to adopt the final-form or
28 final-omitted regulation without revisions or further
29 modifications, the agency shall submit a report to the
30 [designated standing committee of each House of the General
19970S0007B1133 - 32 -
1 Assembly] committees and the commission within 40 days of the
2 agency's receipt of the commission's disapproval order. The
3 agency's report shall contain the final-form or final-omitted
4 regulation, the [findings of the commission,] commission's
5 disapproval order and the agency's response and recommendations
6 [of the agency regarding the final-form] regarding the final-
7 form or final-omitted regulation. If the [agency is prevented
8 from submitting its] committees are prevented from receiving the
9 report because of [recess or] adjournment [of either or both
10 Houses of the General Assembly] sine die or expiration of the
11 legislative session in an even-numbered year, the agency shall
12 [transmit] submit its report [on the first subsequent session
13 day.] to the commission and the committees on the fourth Monday
14 in January of the next year. If either committee has not been
15 designated by the fourth Monday in January, the agency may not
16 deliver the report to the committees and the commission until
17 both committees are designated; but the agency shall deliver its
18 report to the commission and the committees no later than the
19 second Monday after the date by which both committee
20 designations have been published in the Pennsylvania Bulletin.
21 If the agency fails to deliver the report to the committees and
22 the commission in the time prescribed in this subsection, the
23 agency shall be deemed to have withdrawn the final-form or
24 final-omitted regulation. Upon receipt of the agency's report,
25 [a designated standing committee] the committees may proceed
26 pursuant to subsection (d). [Failure of the agency to submit a
27 report within the time period provided by this subsection or on
28 the first subsequent session day shall constitute withdrawal of
29 the final-form regulation.]
30 (c) If the agency [determines that it is desirable to
19970S0007B1133 - 33 -
1 implement] decides to revise or modify the final-form or final-
2 omitted regulation in order to respond to objections raised by
3 the commission and adopt that regulation with [further]
4 revisions or modifications, the agency shall submit a report to
5 the [designated standing committees of the House of
6 Representatives and the Senate] committees and the commission
7 within 40 days of the agency's receipt of the commission's
8 disapproval order. The agency's report shall contain the revised
9 final-form or final-omitted regulation, the findings of the
10 commission, and the agency's response and recommendations [of
11 the agency] regarding the revised final-form or final-omitted
12 regulation. [Failure of the agency to submit a report within the
13 time period provided by this subsection shall constitute
14 withdrawal of the final-form regulation.] If the committees are
15 prevented from receiving the report because of adjournment sine
16 die or expiration of the legislative session in an even-numbered
17 year, the agency shall submit the report to the commission and
18 the committees on the fourth Monday in January of the next year.
19 If either committee has not been designated by the fourth Monday
20 in January, the agency may not deliver the report to the
21 committees and the commission until both committees are
22 designated; but the agency shall deliver its report to the
23 commission and the committees no later than the second Monday
24 after the date by which both committee designations have been
25 published in the Pennsylvania Bulletin. If the agency fails to
26 deliver its report to the commission and the committees in the
27 time prescribed in this subsection, the agency shall be deemed
28 to have withdrawn the final-form or final-omitted regulation.
29 Upon receipt of the agency's report, [the designated standing
30 committees] a committee shall have ten days to approve or
19970S0007B1133 - 34 -
1 disapprove the report and to notify the commission and the
2 agency of [their] its approval or disapproval [of the agency's
3 report. Failure of a designated standing]. If a committee fails
4 to notify the commission and the agency of its disapproval
5 within ten days [shall constitute its approval of the], the
6 committee shall be deemed to have approved the agency's report.
7 The commission shall have seven days from the expiration of the
8 committee's ten-day review period or until its next regularly
9 scheduled meeting, whichever is [longer, from the completion of
10 the designated standing committees' ten-day review period in
11 which to approve] later, to approve or disapprove the agency's
12 report. [or to continue its bar upon final publication of the
13 regulation and transmit notice of disapproval and the agency's
14 report] If the commission and the committee approve the agency's
15 report, the agency may promulgate the final-form or final-
16 omitted regulation. If the commission disapproves the agency
17 report, the agency shall be barred from promulgating that
18 regulation until the review provided for in this subsection and
19 in subsection (d) is completed. If a committee disapproves an
20 agency's report and the commission approves it or if the
21 commission disapproves an agency report, the commission shall
22 deliver its order to the [designated standing] committees for
23 consideration by the General Assembly pursuant to subsection
24 (d). [However, if] If the commission is prevented from
25 [transmitting notice and the report] delivering its order to the
26 [General Assembly] committees within the time period provided
27 for in this subsection because of [recess or adjournment, it may
28 transmit notice and the report on the first subsequent session
29 day. Failure of the commission to transmit the agency's report
30 within the time period provided by this subsection or on the
19970S0007B1133 - 35 -
1 first subsequent session day shall constitute approval of the
2 revised final-form regulation.] the adjournment sine die or
3 expiration of the legislative session in an even-numbered year,
4 the commission shall deliver its order on the fourth Monday of
5 January of the next year. If either committee has not been
6 designated by the fourth Monday in January, the commission may
7 not deliver its order to the committees until both committees
8 are designated; but the commission shall deliver its order no
9 later than the second Monday after the date by which both
10 committee designations have been published in the Pennsylvania
11 Bulletin. If the commission fails to deliver its order
12 disapproving the agency's report and revised final-form or
13 final-omitted regulation in the time prescribed by this
14 subsection, the commission shall be deemed to have approved the
15 agency's report and the revised final-form or final-omitted
16 regulation.
17 (d) [Whenever the designated standing committees of both
18 Houses of the General Assembly have received] Upon receipt of
19 the report of an agency pursuant to subsection (b), [or] of the
20 [notice and the] agency's report and the commission's order
21 pursuant to subsection (c)[, or the notice] or of the
22 commission's order pursuant to section 6(c), one or both of the
23 [designated standing] committees may, within 14 CALENDAR days, <--
24 report to the House of Representatives or Senate a concurrent
25 resolution and notify the [affected agency which shall be the
26 official notice to the] agency. During the [14-day] 14-CALENDAR- <--
27 DAY period, the agency [shall] may not [be permitted to]
28 promulgate the final-form or final-omitted regulation. If, [at]
29 by the expiration of the [14-day] 14-CALENDAR-DAY period, [both <--
30 of the designated standing committees fail to act on the
19970S0007B1133 - 36 -
1 agency's report, then the] neither committee reports a
2 concurrent resolution, the committees shall be deemed to have
3 approved the final-form or final-omitted regulation [is deemed
4 approved]; and the agency may [proceed to] promulgate [the] that
5 regulation. [as provided in the act of July 31, 1968 (P.L.769,
6 No.240), referred to as the Commonwealth Documents Law. A final
7 order adopting the regulation shall not be published for 30
8 calendar days or ten legislative days, whichever is longer, from
9 date of reporting the concurrent resolution. If both the House
10 of Representatives and the Senate agree to the concurrent
11 resolution within the allotted time period, which is 30 calendar
12 days or ten legislative days, whichever is longer, from the date
13 of reporting of the concurrent resolution, then the adoption of
14 the concurrent resolution shall constitute a bar to publication
15 until presentment to the Governor and final disposition of the
16 regulation. The resolution shall be presented to the Governor in
17 accordance with section 9 of Article III of the Constitution of
18 Pennsylvania.] If either committee reports a concurrent
19 resolution before the expiration of the 14-day period, the
20 Senate and the House of Representatives shall each have 30
21 calendar days or ten legislative days, whichever is longer, from
22 the date on which the concurrent resolution has been reported,
23 to adopt the concurrent resolution. If the General Assembly
24 adopts the concurrent resolution by majority vote in both the
25 Senate and the House of Representatives, the concurrent
26 resolution shall be presented to the Governor in accordance with
27 section 9 of Article III of the Constitution of Pennsylvania. If
28 the Governor does not return the concurrent resolution to the
29 General Assembly within ten calendar days after it is presented
30 [to him], [it shall constitute approval of] the Governor shall
19970S0007B1133 - 37 -
1 be deemed to have approved the concurrent resolution. If the
2 Governor vetoes the [action of the General Assembly] concurrent
3 resolution, the General Assembly may[, within 30 calendar days
4 or ten legislative days, whichever is longer,] override that
5 veto by a two-thirds vote in each house.[; and that override
6 shall constitute a permanent bar to publication. Failure of] The
7 Senate and the House of Representatives shall each have 30
8 calendar days or ten legislative days, whichever is longer, to
9 override the veto. If the [House of Representatives and the
10 Senate] General Assembly fails to [act on] adopt the concurrent
11 resolution or override the veto [within the allotted time
12 periods shall constitute approval of] in the time prescribed in
13 this subsection, it shall be deemed to have approved the final-
14 form or final-omitted regulation. [In addition, notice] Notice
15 as to any final disposition of [any] a concurrent resolution
16 considered in accordance with this [act] section shall be
17 published in the Pennsylvania Bulletin. The bar on promulgation
18 of the final-form or final-omitted regulation shall continue
19 until that regulation has been approved or deemed approved in
20 accordance with this subsection. If the General Assembly adopts
21 the concurrent resolution and the Governor approves or is deemed
22 to have approved the concurrent resolution or if the General
23 Assembly overrides the Governor's veto of the concurrent
24 resolution, the agency shall be barred from promulgating the
25 final-form or final-omitted regulation. If the General Assembly
26 fails to adopt the concurrent resolution or if the Governor
27 vetoes the concurrent resolution and the General Assembly fails
28 to override the Governor's veto, the agency may promulgate the
29 final-form or final-omitted regulation. The General Assembly
30 may, at its discretion, adopt a concurrent resolution
19970S0007B1133 - 38 -
1 disapproving the final-form or final-omitted regulation to
2 indicate the intent of the General Assembly[,] but permit
3 [publication of a final order adopting a] the agency to
4 promulgate that regulation.
5 Section 7.1. Classification of documents.
6 If the commission or a [designated standing committee
7 alleges] committee finds that a published or unpublished
8 document should be promulgated as [an agency] a regulation, the
9 commission or [standing] committee [of either house] may present
10 the matter to the Joint Committee on Documents[, which]. The
11 Joint Committee on Documents shall determine whether the
12 document should be promulgated as [an agency] a regulation and
13 may order an agency either to promulgate the document as a
14 regulation within 180 days or to desist from the use of the
15 document in the business of the agency.
16 Section 8. Changes in final-form and final-omitted regulations.
17 [No changes shall be made by an agency] (a) Except as
18 provided in subsection (b), an agency may not make changes to a
19 final-form or final-omitted regulation after that regulation has
20 been approved or has been deemed approved by the committees or
21 the commission [except] pursuant to this act.
22 (b) Subsection (a) does not apply to changes made at the
23 direction of the Office of Attorney General pursuant to its
24 review under section 204(b) of [the act of October 15, 1980
25 (P.L.950, No.164), known as] the ["]Commonwealth Attorneys
26 Act.["]
27 Section 8.1. Existing regulations.
28 The commission, [either] on its motion or [on] at the request
29 of any [individual, agency, corporation,] person or member of
30 the General Assembly [or any other entity which may be affected
19970S0007B1133 - 39 -
1 by a regulation], may [also] review any existing regulation [or
2 administrative procedure. Whenever] which has been in effect for
3 at least three years. If a committee of the Senate or the House
4 of Representatives [shall request] requests a review of [a] an
5 existing regulation [or administrative procedure], the
6 commission shall [make such] perform the review and shall assign
7 it high priority. The commission may submit recommendations to
8 [any] an agency recommending changes in existing regulations
9 [where] if it finds the existing regulations [or administrative
10 procedure] to be contrary to the public interest under the
11 criteria established in this section. The commission may also
12 make recommendations to the General Assembly and the Governor
13 for statutory changes [whenever it] if the commission finds that
14 any existing regulation [or procedure] may be contrary to the
15 public interest.
16 Section 9. Commission staff.
17 (a) The commission shall appoint and fix the compensation of
18 [an] a full-time executive director, who shall [devote his full
19 time to] be responsible for the general supervision of all the
20 affairs of the commission and for performing any administrative
21 function or duty which the commission may delegate to the
22 executive director. [In addition, the commission shall appoint a
23 chief counsel who shall not be subject to the supervision of the
24 Attorney General or the General Counsel and it may appoint and
25 fix the compensation of such other employees as the commission
26 may find necessary for the proper performance of the functions
27 of the commission. In determining the necessity for such
28 additional staff, the commission shall consider the fact that
29 the General Assembly is required under this act to participate
30 in the review process and its staff will be providing assistance
19970S0007B1133 - 40 -
1 to the commission through the legislative review provisions of
2 this act.] The commission shall appoint and fix the compensation
3 of such other employees as the commission may find necessary for
4 the proper operation of the commission.
5 (b) The commission shall appoint and fix the compensation of
6 a full-time chief counsel, who shall not be subject to the
7 supervision of the Attorney General or the General Counsel. The
8 chief counsel shall supervise, coordinate and administer the
9 legal services provided to the commission.
10 Section 10. Subpoena power.
11 The commission [may require the attendance and testimony of
12 witnesses] has the authority to issue subpoenas for the purpose
13 of requiring the attendance of persons and the production of
14 [documentary evidence relative to any investigation or hearing
15 which the commission may conduct in accordance with the powers
16 granted it under this act. Such subpoena shall be signed by the
17 chairman or the executive director and it shall be served by any
18 person authorized to serve subpoenas] documents relating to any
19 function which the commission or its staff is authorized to
20 perform pursuant to this act. The chairperson or the executive
21 director may sign a subpoena. The subpoena may be served in any
22 manner authorized under the [law of the] laws of this
23 Commonwealth. The commission is authorized to apply to the
24 Commonwealth Court to enforce its subpoenas.
25 Section 11. [Rules] Regulations; annual reports; hearings and
26 advisory group meetings.
27 (a) The [commission shall compile and publish rules for the
28 conduct of meetings and public hearings and for the conduct of
29 business under this act. Such rules shall] commission, in the
30 performance of its functions under this act, has the power to
19970S0007B1133 - 41 -
1 promulgate and enforce regulations necessary to carry out the
2 purposes of this act. Regulations must be promulgated in
3 accordance with the procedures established in the [act of July
4 31, 1968 (P.L.769, No.240), referred to as the] Commonwealth
5 Documents Law. [Such rules] The regulations shall provide for
6 the commission's notification of filings of final-form and
7 final-omitted regulations to parties likely to be affected by
8 the final-form and final-omitted regulations through publication
9 of a notice in the Pennsylvania Bulletin. Prior to the [rules]
10 regulations taking effect, [however, the appropriate standing
11 committees and the Joint Committee on Documents shall have 20
12 days and 30 days, respectively, from the date of receipt of the
13 information required under section 5(b.4) of this act to notify
14 the commission of their approval or disapproval of a final-form
15 regulation or of a regulation for which notice of proposed
16 rulemaking is omitted under section 204 of the Commonwealth
17 Documents Law. Final disposition of a disapproved final-form
18 regulation shall be in accordance with this act; however, the
19 responsibilities assigned to the commission shall be exercised
20 by the Joint Committee on Documents, and the commission may
21 exercise the rights provided to an agency.] the requirements of
22 this act must be satisfied. For the purposes of reviewing the
23 regulations of the commission and otherwise satisfying the
24 requirements of this act, the Joint Committee on Documents shall
25 exercise the rights and perform the functions of the commission;
26 and the commission shall exercise the rights and perform the
27 functions of an agency under this act.
28 (b) On or before April 1, [1989 and each year thereafter,]
29 the commission shall file [a] an annual report of its activities
30 for the prior calendar year with the Governor and the General
19970S0007B1133 - 42 -
1 Assembly.
2 (c) The commission may hold public hearings on any matter
3 before the commission[. The commission may also hold informal
4 hearings] and may [convene and] meet with advisory groups
5 regarding matters before the commission.
6 Section 12. Clearinghouse.
7 [(a)] The commission shall act as a clearinghouse for
8 complaints, comments and other input from members of the General
9 Assembly and from the public regarding [regulations, proposed
10 regulations and administrative procedures] existing, proposed,
11 final-form and final-omitted regulations. The commission shall
12 maintain accurate records regarding complaints and comments it
13 receives and shall maintain such records by departmental and
14 subject matter categories for four years after the date of
15 receipt by the commission. When the commission files its annual
16 report as provided by section 11, the commission shall include
17 within it a summary of public complaint and comment along with
18 any recommendations the commission may offer for statutory
19 change. [as the result of public complaint and comment.
20 (b) The commission may also compile information on
21 regulations issued by the United States Government which come to
22 the attention of the commission which are found by the
23 commission to be excessive. The commission shall include a
24 summary on such regulations in its annual report and shall take
25 such other action as may be appropriate. The section of the
26 annual report relating to excessiveness of Federal regulations
27 shall be submitted to the President of the United States and to
28 the members of the United States Senate and the United States
29 House of Representatives from Pennsylvania. Nothing herein shall
30 be construed as requiring the commission to undertake a review
19970S0007B1133 - 43 -
1 of Federal regulations.
2 Section 15. Termination date.
3 The commission shall be treated as a statutory agency created
4 after January 1, 1981, for purposes of the act of December 22,
5 1981 (P.L.508, No.142), known as the "Sunset Act." The
6 commission is scheduled for termination on December 31, 1993.]
7 Section 4. This act shall apply to proposed, final-form and
8 final-omitted regulations which an agency submits, on or after
9 the effective date of this act, to the Independent Regulatory
10 Review Commission and to "committees" as defined in section 3 of
11 the act.
12 Section 5. This act shall take effect immediately.
A9L02JLW/19970S0007B1133 - 44 -