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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BENNINGHOFF, CAUSER, D. COSTA, GILLEN, GOODMAN, GRELL, GROVE, HEFFLEY, HUTCHINSON, KAUFFMAN, M.K. KELLER, KORTZ, MURT, PICKETT, PYLE, RAPP AND GABLER, FEBRUARY 9, 2011 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 9, 2011 |
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| AN ACT |
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1 | Prohibiting the Department of Conservation and Natural Resources |
2 | from promulgating certain rules and regulations. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Conservation |
7 | and Natural Resources Regulatory Restriction Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Conservation and Natural Resources Act." The act of June |
13 | 28, 1995 (P.L.89, No.18), known as the Conservation and Natural |
14 | Resources Act. |
15 | "Department." The Department of Conservation and Natural |
16 | Resources of the Commonwealth. |
17 | Section 3. Rules and regulations prohibited. |
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1 | (a) General rule.--Notwithstanding any other provision of |
2 | law to the contrary, the department may not promulgate rules or |
3 | regulations under the Conservation and Natural Resources Act. |
4 | (b) Nonapplicability.--The provisions of subsection (a) |
5 | shall not apply to a rule or regulation required to comply with |
6 | a Federal law or court order. |
7 | Section 4. Procedure for necessary amendments. |
8 | (a) Notification of necessary amendment.--In those instances |
9 | where the department finds it necessary to amend an existing |
10 | rule or regulation promulgated under the Conservation and |
11 | Natural Resources Act, the department shall submit written |
12 | notification to the chairman and minority chairman of the |
13 | Environmental Resources and Energy Committee of the Senate and |
14 | the chairman and minority chairman of the Environmental |
15 | Resources and Energy Committee of the House of Representatives. |
16 | This notification shall include a description of the amendment, |
17 | the rationale for the amendment and a timetable, if applicable, |
18 | for implementation of the amendment. |
19 | (b) Legislative approval required.-- |
20 | (1) Each committee that receives a notification under |
21 | subsection (a) shall, within 90 days of receipt of the |
22 | notification, consider the proposed amendment. |
23 | (2) In the event that one of the committees approves the |
24 | amendment, the chairman of that committee shall introduce a |
25 | concurrent resolution in that house to approve the amendment. |
26 | (3) If the concurrent resolution is not approved by both |
27 | houses, the amendment sought by the department shall not have |
28 | the force and effect of law. |
29 | (c) Applicability of Regulatory Review Act.--A rule or |
30 | regulation approved by concurrent resolution under this section |
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1 | shall not be subject to the act of June 25, 1982 (P.L.633, |
2 | No.181), known as the Regulatory Review Act. |
3 | Section 5. Inconsistent repeals. |
4 | The act of June 28, 1995 (P.L.89, No.18), known as the |
5 | Conservation and Natural Resources Act, is repealed to the |
6 | extent of any inconsistency with this act. |
7 | Section 6. Effective date. |
8 | This act shall take effect in 60 days. |
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