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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ERICKSON, ROBBINS, KITCHEN, ORIE, BRUBAKER, BROWNE, RAFFERTY, SCARNATI, COSTA, EARLL, WAUGH, PILEGGI, PICCOLA AND EICHELBERGER, JANUARY 30, 2009 |
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| REFERRED TO STATE GOVERNMENT, JANUARY 30, 2009 |
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| AN ACT |
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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 acceptable data. |
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 | "Acceptable data." Empirical, replicable and testable data |
17 | as evidenced in supporting documentation, statistics, reports, |
18 | studies or research. |
19 | * * * |
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1 | Section 2. Section 5(a) of the act is amended by adding a |
2 | paragraph to read: |
3 | Section 5. Proposed regulations; procedures for review. |
4 | (a) On the same date that an agency submits a proposed |
5 | regulation to the Legislative Reference Bureau for publication |
6 | of notice of proposed rulemaking in the Pennsylvania Bulletin as |
7 | required by the Commonwealth Documents Law, the agency shall |
8 | submit to the commission and the committees a copy of the |
9 | proposed regulation and a regulatory analysis form which |
10 | includes the following: |
11 | * * * |
12 | (14) A description of any data upon which a regulation |
13 | is based with a detailed explanation of how the data was |
14 | obtained and why the data is acceptable data. An agency |
15 | advocating that any data is acceptable data shall have the |
16 | burden of proving that the data is acceptable. |
17 | * * * |
18 | Section 3. Section 5.2 of the act, added December 6, 2002 |
19 | (P.L.1227, No.148), is amended to read: |
20 | Section 5.2. Criteria for review of regulations. |
21 | (a) In determining whether a proposed, final-form, final- |
22 | omitted or existing regulation is in the public interest, the |
23 | commission shall, first and foremost, determine whether the |
24 | agency has the statutory authority to promulgate the regulation |
25 | and whether the regulation conforms to the intention of the |
26 | General Assembly in the enactment of the statute upon which the |
27 | regulation is based. In making its determination, the commission |
28 | shall consider written comments submitted by the committees and |
29 | current members of the General Assembly, pertinent opinions of |
30 | Pennsylvania's courts and formal opinions of the Attorney |
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1 | General. |
2 | (b) Upon a finding that the regulation is consistent with |
3 | the statutory authority of the agency and with the intention of |
4 | the General Assembly in the enactment of the statute upon which |
5 | the regulation is based, the commission shall consider the |
6 | following in determining whether the regulation is in the public |
7 | interest: |
8 | (1) Economic or fiscal impacts of the regulation, which |
9 | include the following: |
10 | (i) Direct and indirect costs to the Commonwealth, |
11 | to its political subdivisions and to the private sector. |
12 | (ii) Adverse effects on prices of goods and |
13 | services, productivity or competition. |
14 | (iii) The nature of required reports, forms or other |
15 | paperwork and the estimated cost of their preparation by |
16 | individuals, businesses and organizations in the public |
17 | and private sectors. |
18 | (iv) The nature and estimated cost of legal, |
19 | consulting or accounting services which the public or |
20 | private sector may incur. |
21 | (v) The impact on the public interest of exempting |
22 | or setting lesser standards of compliance for individuals |
23 | or small businesses when it is lawful, desirable and |
24 | feasible to do so. |
25 | (2) The protection of the public health, safety and |
26 | welfare and the effect on this Commonwealth's natural |
27 | resources. The data used as the basis of a regulation is |
28 | acceptable data. |
29 | (3) The clarity, feasibility and reasonableness of the |
30 | regulation to be determined by considering the following: |
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1 | (i) Possible conflict with or duplication of |
2 | statutes or existing regulations. |
3 | (ii) Clarity and lack of ambiguity. |
4 | (iii) Need for the regulation. |
5 | (iv) Reasonableness of requirements, implementation |
6 | procedures and timetables for compliance by the public |
7 | and private sectors. |
8 | (v) Whether acceptable data is the basis of the |
9 | regulation. |
10 | (4) Whether the regulation represents a policy decision |
11 | of such a substantial nature that it requires legislative |
12 | review. |
13 | (5) Comments, objections or recommendations of a |
14 | committee. |
15 | (6) Compliance with the provisions of this act or the |
16 | regulations of the commission in promulgating the regulation. |
17 | (7) Whether the regulation is supported by acceptable |
18 | data. |
19 | Section 4. This act shall take effect in 60 days. |
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