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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=17697
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: March 9, 2015 01:21 PM
From: Representative Robert W. Godshall
To: All House members
Subject: Regulatory Review Act Legislation
 
In the near future, I will be introducing a bill to increase legislative oversight of the regulatory rulemaking process. I have been working with the Senate on this legislation and a similar bill will be introduced by Sen. Gordner.

The regulatory review process is set out in the Regulatory Review Act (Act 181 of 1982) and establishes not only the process for regulatory rulemakings but also created the Independent Regulatory Review Commission (IRRC) to review and approve regulations.

Currently, when an agency proposes regulations, the agency is required to deliver the proposed regulations to the IRRC and to the relevant legislative standing committees on the same day.

My legislation will require that committee Chairs provide a copy of a proposed regulation, stakeholder comments and any IRRC comments related to the regulation to committee members, by paper or electronic copy, within 5 days of receipt. Committee Chairs are also authorized to hold hearings on proposed regulations and to hold meetings to adopt, by majority vote, official comments of the committee regarding a proposed regulation. Any member of a committee may submit individual comments to the Chair, IRRC and/or the agency.

When the agency submits final form regulations, the Chair of the committee will again be required to distribute a copy to each committee member within 5 days. This legislation also makes changes to the final form regulatory review process to provide committees with additional time to review a proposed regulation and increase legislative oversight of the regulatory review process. Specifically, a committee may notify IRRC at any time prior to an IRRC meeting that the committee disapproves or wishes to further review a proposed regulation. If a committee notifies IRRC that it disapproves a proposed regulation, IRRC may not approve or disapprove the regulation for 30 days or 9 legislative days, whichever is longer. If a committee notifies IRRC that it wishes to further review a proposed regulation, IRRC may not approve or disapprove the regulation for a period of 14 days or 6 legislative days, whichever is longer.

Finally, my legislation extends the period by which a committee may report a concurrent resolution relating to a rulemaking by requiring a committee to report out a concurrent resolution within 14 days or 6 legislative days, whichever is longer. During this period, an agency may not promulgate its regulation.

This legislation will provide the General Assembly with additional oversight of the regulatory review process and will provide the legislature additional time to disapprove or further review proposed regulations that may be inconsistent with the legislative intent of the law the regulation seeks to implement.



Introduced as HB965