A04732
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1874
Session of
2019
INTRODUCED BY GROVE, JONES, MILLARD, METCALFE, ECKER, KAUFFMAN,
RYAN, STAATS, PYLE, PICKETT, MOUL, HICKERNELL, ZIMMERMAN,
B. MILLER, KEEFER AND GAYDOS, SEPTEMBER 25, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 25, 2019
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," providing for review of regulatory actions further
providing for definitions and for classification of
documents.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 25, 1982 (P.L.633, No.181), known
as the Regulatory Review Act, is amended by adding a section to
read:
Section 11.1. Review of regulatory actions.
(a) Upon request by a regulated entity, the commission shall
determine whether the requirements of a regulatory action issued
by an agency are excessive and whether the requirements of the
regulatory action should be submitted for review as a separate
regulation under this act.
(b) If the commission determines that the requirements of a
regulatory action issued by an agency are excessive and the
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requirements should be submitted for review as a separate
regulation under this act, the commission shall have the
following duties:
(1) Require the agency to revise the requirements of the
regulatory action and submit the requirements for review as a
separate regulation under this act.
(2) Notify the agency of the requirements of the
regulatory action which the commission determines to be
excessive and provide recommendations to the agency on how to
improve the requirements.
(3) Notify the agency on why the requirements of the
regulatory action should be issued for review as a separate
regulation.
(4) Refrain from providing the agency with any
information relating to whether the commission would approve
a proposed regulation with the requirements of the regulatory
action.
(c) Upon receiving a request from a regulated entity to
review a regulatory action, the commission shall order the
agency to provide the commission with information pertaining to
the regulatory action no later than 45 days after the agency
receives the order. The information shall include all of the
following:
(1) The statutory authority for the regulatory action.
(2) The agency's explanation of the necessary functions
of the regulatory action, including whether the requirements
of the regulatory action should be submitted for review under
a separate regulation.
(3) The agency's explanation for utilizing the
requirements of the regulatory action, rather than submitting
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the requirements of the regulatory action for review as a
separate regulation.
(4) Any costs, including indirect costs, associated with
the regulatory action to the Commonwealth.
(5) Any costs, including indirect costs, associated with
regulatory action to regulated entities.
(6) The estimated or average duration of time it takes
for a regulated entity to comply with the requirements of the
regulatory action.
(d) In order to comply with subsection (c), an agency may
request an additional 15 days to comply with the commission's
order to provide the commission with information pertaining to
the regulatory action.
(e) After the commission receives the information required
from the agency under subsection (c), the commission shall allow
regulated entities a 30-day period to submit comments to the
commission pertaining to whether the requirements of the
regulatory action should be submitted as a separate regulation.
No later than 30 days after the commission receives the comments
from the regulated entities or at the next meeting of the
commission, whichever is later, the commission shall review the
comments and the information received from the agency under
subsection (c) and make a determination on all of the following:
(1) Whether the requirements of the regulatory action
are excessive.
(2) Whether the requirements of the regulatory action
should be submitted for review under a separate regulation.
(f) Regulated entities shall not be required to comply with
the requirements of a regulatory action under review by the
commission under subsection (e). If the commission determines
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that the requirements of a regulatory action should be submitted
for review as a separate regulation, the regulated entities
shall not be required to comply with the requirements unless the
requirements are included in a final-form regulation approved
under this act.
(g) An agency may not issue similar requirements through a
regulatory action if the commission has determined that similar
requirements should be submitted for review as a separate
regulation.
(h) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Excessive." A regulatory action that exceeds or is beyond
the scope of an agency's approved regulatory authority by the
commission.
"Permit." An authorization issued by an agency that approves
the performance of an activity under the agency's jurisdiction.
The term includes an authorization permit and a plan approval or
registration under a general permit.
"Regulated entity." Any individual, person, organization or
corporation that engages in an activity in this Commonwealth
that requires regulatory approval by an agency.
"Regulatory action." Any permit or policy guideline issued
by an agency under this act.
Section 2. This act shall take effect in 60 days.
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
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have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Regulated entity." Any individual, person, organization or
corporation that engages in an activity in this Commonwealth
that requires regulatory approval by an agency.
* * *
Section 2. Section 7.1 of the act is amended to read:
Section 7.1. Classification of documents.
If the commission [or], a committee or a regulated entity
finds that a published or unpublished document should be
promulgated as a regulation, the commission [or], committee or
regulated entity may present the matter to the Joint Committee
on Documents. The Joint Committee on Documents shall determine
whether the document should be promulgated as a regulation and
may order an agency either to promulgate the document as a
regulation within 180 days or to desist from the use of the
document in the business of the agency.
Section 3. This act shall take effect in 60 days.
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