PRINTER'S NO. 98
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
126
Session of
2021
INTRODUCED BY BROOKS, ARGALL, MARTIN, STEFANO, PHILLIPS-HILL,
HUTCHINSON, J. WARD, GORDNER, K. WARD, PITTMAN AND MASTRIANO,
JANUARY 26, 2021
REFERRED TO INTERGOVERNMENTAL OPERATIONS, JANUARY 26, 2021
AN ACT
Amending the act of June 25, 1982 (P.L.633, No.181), entitled
"An act providing for independent oversight and review of
regulations, creating an Independent Regulatory Review
Commission, providing for its powers and duties and making
repeals," further providing for definitions and for existing
regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of June 25, 1982 (P.L.633,
No.181), known as the Regulatory Review Act, is amended by
adding a definition to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Economically significant regulation." A regulation that, if
promulgated and implemented, may reasonably be expected to
result in direct or indirect cost to the Commonwealth, to its
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
political subdivisions and to the private sector in excess of
$1,000,000 on an annual basis.
* * *
Section 2. Section 8.1 of the act is amended to read:
Section 8.1. Existing regulations.
(a) The commission, on its motion or at the request of any
person or member of the General Assembly, may review any
existing regulation which has been in effect for at least three
years. If a committee of the Senate or the House of
Representatives requests a review of an existing regulation, the
commission shall perform the review and shall assign it high
priority. The commission may submit recommendations to an agency
recommending changes in existing regulations if it finds the
existing regulations to be contrary to the public interest under
the criteria established in section 5.2. The commission may also
make recommendations to the General Assembly and the Governor
for statutory changes if the commission finds that any existing
regulation may be contrary to the public interest.
(b) After an economically significant regulation has been in
effect for three years, the agency shall report to the
commission the status of the regulation, the impact of the
regulation on the regulated community and the direct and
indirect cost to the Commonwealth of the regulation. The
following apply:
(1) The agency's report shall include:
(i) The status of implementation of the regulation.
(ii) The nature of complaints or comments received
from the public concerning the regulation.
(iii) Whether the regulation has had the intended
effect.
20210SB0126PN0098 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iv) The estimated direct and indirect cost to the
regulated community and the economy of the regulation and
whether the estimated anticipated fiscal impact was
underestimated or overestimated on the fiscal note
provided in section 5(a)(4).
(v) What the agency has done to implement the
regulation in the most efficient manner to reduce
paperwork and decrease costs to government and the
private sector.
(vi) Whether subsequent changes in the law or
related laws require the regulation to be repealed or
amended.
(vii) Whether there is a continued need for the
regulation and whether the agency is considering
promulgating changes to the regulation.
(2) On the same day that the agency submits the report
to the commission, the agency shall submit a copy of the
report to the committees and transmit notice of the report to
the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin. The commission shall collect comment
from the public on the regulation during a public comment
period which shall commence with the publication of the
notice in the Pennsylvania Bulletin of the report and shall
continue for not less than 30 days.
(3) Within 30 days of the close of public comments, the
commission shall report to the agency and committees, after
consideration of the agency's report and public comments,
whether the regulation continues to meet the criteria for
remaining in the public interest as provided by section 5.2
and whether statutory changes should be considered.
20210SB0126PN0098 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 3. The amendment or addition of the following
provisions shall apply to regulations promulgated on or after
the effective date of this section:
(1) The definition of "economically significant
regulation" in section 3 of the act.
(2) Section 8.1 of the act.
Section 4. This act shall take effect immediately.
20210SB0126PN0098 - 4 -
1
2
3
4
5
6
7