PRIOR PRINTER'S NOS. 1285, 1300 PRINTER'S NO. 1314
No. 1093 Session of 1989
INTRODUCED BY WENGER AND LEWIS, JUNE 19, 1989
AS AMENDED ON THIRD CONSIDERATION, JUNE 21, 1989
AN ACT
1 Reenacting and amending the act of June 25, 1982 (P.L.633,
2 No.181), entitled, as reenacted and amended, "An act
3 providing for independent oversight and review of
4 regulations, creating an Independent Regulatory Review
5 Commission, providing for its powers and duties and making
6 repeals," further providing for the membership of the
7 Independent Regulatory Review Commission and for the
8 procedure for regulatory review; changing the termination
9 date for the commission; and making repeals.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The title and the act of June 25, 1982 (P.L.633,
13 No.181), known as the Regulatory Review Act, reenacted and
14 amended February 21, 1986 (P.L.47, No.16) and amended December
15 16, 1986 (P.L.1625, No.185), are reenacted and amended to read:
16 AN ACT
17 Providing for independent oversight and review of regulations,
18 creating an Independent Regulatory Review Commission,
19 providing for its powers and duties and making repeals.
20 Section 1. Short title.
21 This act shall be known and may be cited as the "Regulatory
1 Review Act."
2 Section 2. Legislative intent.
3 The General Assembly has enacted a large number of statutes
4 conferring on boards, commissions, departments and other
5 agencies of the executive branch of government the authority to
6 adopt rules and regulations to supplement and implement those
7 statutes. The General Assembly has found that this delegation of
8 its authority has resulted in regulations being promulgated
9 without effective review concerning cost benefits, duplication,
10 inflationary impact and conformity to legislative intent. The
11 General Assembly finds that it must provide a procedure for
12 oversight and review of regulations adopted pursuant to this
13 delegation of legislative power to curtail excessive regulation
14 and to establish a system of accountability so that the
15 bureaucracy must justify its use of the regulatory authority
16 before imposing hidden costs upon the economy of Pennsylvania.
17 It is the intent of this act to establish a method for
18 continuing and effective review, accountability and oversight.
19 It is the further intent of this act to provide for primary
20 review by a commission with sufficient authority, expertise,
21 independence and time to perform that responsibility. It is the
22 further intent of this act to provide ultimate review by the
23 General Assembly of those regulations [which may be contrary to
24 the public interest]. This act is intended to provide a method
25 of oversight and review of regulations issued by executive
26 agencies to assist the Governor and the General Assembly in
27 their supervisory and oversight functions and it is not intended
28 to create any right or benefit, substantive or procedural,
29 enforceable at law by a party against the Commonwealth, its
30 agencies, officers or any person.
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1 Section 3. Definitions.
2 The following words and phrases when used in this act shall
3 have, unless the context clearly indicates otherwise, the
4 meanings given to them in this section:
5 "Agency." Any department, departmental administrative board
6 or commission, independent board or commission, agency or other
7 authority of this Commonwealth now existing or hereafter
8 created, but shall not include the Senate or the House of
9 Representatives, the Pennsylvania Fish Commission, the
10 Pennsylvania Game Commission[, the Independent Regulatory Review
11 Commission,] or any court, political subdivision, municipal or
12 local authority.
13 "Commission." The Independent Regulatory Review Commission.
14 "Designated standing committee." A standing committee of the
15 House of Representatives or the Senate designated by the Speaker
16 of the House of Representatives for the House and the President
17 pro tempore of the Senate for the Senate which designation shall
18 prescribe the jurisdiction of each standing committee over the
19 various State agencies for purposes of this act.
20 "Final-form regulation." A regulation submitted by an agency
21 to the commission and the designated standing committees
22 following the close of the public comment period, as provided by
23 section 201 of the act of July 31, 1968 (P.L.769, No.240),
24 referred to as the Commonwealth Documents Law.
25 "Regulation." Any rule or regulation, or order in the nature
26 of a rule or regulation, promulgated by an agency under
27 statutory authority in the administration of any statute
28 administered by or relating to the agency, or prescribing the
29 practice or procedure before such agency. The term shall also
30 include actions of the Liquor Control Board which have an effect
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1 on the discount rate for retail licensees. The term shall not
2 include a proclamation, executive order, directive or similar
3 document promulgated by the Governor, but shall include a
4 regulation which may be promulgated by an agency, only with the
5 approval of the Governor.
6 Section 4. Creation of commission; membership, compensation;
7 vacancies; removal.
8 [(a) The Independent Regulatory Review Commission shall
9 consist of five members to be known as commissioners. One member
10 of the commission shall be appointed by the Governor to serve at
11 his pleasure, one by the President pro tempore of the Senate,
12 one by the Speaker of the House of Representatives, one by the
13 Minority Leader of the Senate and one by the Minority Leader of
14 the House of Representatives. No member of the General Assembly
15 or any other officer or employee of State Government shall serve
16 as a member of the commission.
17 (b) Of the original members, the two members appointed by
18 the Speaker of the House and the Minority Leader of the House of
19 Representatives respectively shall serve for an initial term of
20 two years and the two members appointed by the President pro
21 tempore of the Senate and the Minority Leader of the Senate
22 respectively shall serve for an initial term of three years.
23 Thereafter, except as may be provided by section 3 of this
24 amendatory act, each appointment provided for by this act shall
25 be for a term of three years and such appointments shall be made
26 in the same manner as the original appointments.
27 (c) All vacancies shall be filled, for the remainder of the
28 unexpired term, in the same manner as original appointments. Any
29 commissioner, upon the expiration of his term, shall continue to
30 hold office until his successor shall be appointed.
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1 (d) The commissioners shall receive $125 per day as
2 compensation for their services. The commissioners shall also be
3 entitled to reimbursement for travel and other necessary
4 expenses incurred as a result of their duties as members of the
5 commission. The expenses incurred by the commissioners, or by
6 any employees of the commission, shall be allowed and paid on
7 the presentation of itemized vouchers therefor, which vouchers
8 shall be subject to the approval of the commission.
9 (e) Except as authorized pursuant to this section and except
10 for the Governor's appointee who shall serve at his pleasure, no
11 commissioner may be removed from office during his term. The
12 Governor may, with the approval of two-thirds of the members of
13 the Senate, upon a clear and convincing evidence of misfeasance
14 or malfeasance in office or neglect of duty, remove a
15 commissioner prior to the expiration of the term. The Governor
16 shall provide the commissioner so removed with a detailed
17 written statement of the reasons for his removal.
18 (f) Any member of the commission formally charged before a
19 court of record with the commission of a felony shall
20 immediately be suspended as a member of the commission until the
21 charge is dismissed or a verdict of acquittal is announced. If
22 any commission member shall be convicted of a felony, then that
23 commissioner's membership shall become vacant automatically upon
24 announcement of the verdict by a trial court or upon acceptance
25 of a plea of guilty or nolo contendere. No commission member
26 shall participate in deliberations regarding any regulation in
27 which he, or any member of his family, has a financial interest.
28 (g) Within two weeks following the appointment of a quorum
29 of the commission, the Governor shall convene an organization
30 meeting of the commission and the Governor or his designee shall
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1 preside at such meeting until a chairman shall be elected.
2 (h) A chairman shall be elected by the commission who shall
3 serve for a term of two years and until his successors shall be
4 elected. The chairman shall preside at meetings of the
5 commission and shall execute documents relating to the formal
6 actions of the commission.
7 (i) The commission shall meet at least twice a month at such
8 times and places as shall be set by the chairman. A commissioner
9 who fails to attend three consecutive meetings without cause
10 shall be removed as a commissioner by the authority appointing
11 the commissioner.
12 (j) For purposes of conducting official business, a quorum
13 shall consist of four members.]
14 (a) The Independent Regulatory Review Commission shall
15 consist of five members to be known as commissioners. One member
16 of the commission shall be appointed by the Governor to serve at
17 his pleasure, one by the President pro tempore of the Senate,
18 one by the Speaker of the House of Representatives, one by the
19 Minority Leader of the Senate and one by the Minority Leader of
20 the House of Representatives. No member of the General Assembly
21 or any other officer or employee of State Government shall serve
22 as a member of the commission: Provided, however, That a
23 commission member may serve on advisory boards and commissions,
24 or on other boards and commissions which do not promulgate any
25 rules and regulations which may come before the commission for
26 review pursuant to this act.
27 (b) Of the original members, the two members appointed by
28 the Speaker of the House and the Minority Leader of the House of
29 Representatives respectively shall serve for an initial term of
30 two years and the two members appointed by the President pro
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1 tempore of the Senate and the Minority Leader of the Senate
2 respectively shall serve for an initial term of three years.
3 Thereafter each appointment provided for by this act shall be
4 for a term of three years and such appointments shall be made in
5 the same manner as the original appointments. From the time of
6 original appointment to the commission, no commissioner may
7 serve more than two full terms consecutively. A commissioner
8 initially appointed to serve the remainder of an unexpired term
9 shall, in addition thereto, be eligible to be appointed to, and
10 to serve, two full terms.
11 (c) All vacancies shall be filled, for the remainder of the
12 unexpired term, in the same manner as original appointments. Any
13 commissioner, upon the expiration of his term, shall continue to
14 hold office until his successor shall be appointed.
15 (d) The commissioners shall receive $125 per day as
16 compensation for their services. The commissioners shall also be
17 entitled to reimbursement for travel and other necessary
18 expenses incurred as a result of their duties as members of the
19 commission. The expenses incurred by the commissioners, or by
20 any employees of the commission, shall be allowed and paid on
21 the presentation of itemized vouchers therefor, which vouchers
22 shall be subject to the approval of the commission.
23 (e) Except as authorized pursuant to this section and except
24 for the Governor's appointee who shall serve at his pleasure, no
25 commissioner may be removed from office during his term. The
26 Governor may, with the approval of two-thirds of the members of
27 the Senate, upon a clear and convincing evidence of misfeasance
28 or malfeasance in office or neglect of duty, remove a
29 commissioner prior to the expiration of the term. The Governor
30 shall provide the commissioner so removed with a detailed
19890S1093B1314 - 7 -
1 written statement of the reasons for his removal.
2 (f) Any member of the commission formally charged before a
3 court of record with the commission of a felony or with a
4 misdemeanor as provided by 18 Pa.C.S. Article B (relating to
5 offenses against public administration) shall immediately be
6 suspended as a member of the commission until the charge is
7 dismissed or a verdict of acquittal is announced. If any
8 commission member shall be found guilty of such offense, then
9 that commissioner's membership shall become vacant automatically
10 upon announcement of the verdict by a trial court or upon
11 acceptance of a plea of guilty or nolo contendere. No commission
12 member shall participate in deliberations regarding any
13 regulation which significantly affects the operation or
14 activities of any organization (except a nonprofit organization
15 certified under section 501(c)(3) of the Internal Revenue Code
16 of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) in which the
17 commission member holds a nonsalaried position) in which he, or
18 any member of his family, has a substantial economic interest or
19 serves as an officer, director, trustee, partner or employee.
20 Within 90 days of appointment, and annually thereafter, each
21 commission member shall disclose the existence of all business
22 affiliations and financial interests. The disclosure statement
23 shall be filed with the executive director of the Independent
24 Regulatory Review Commission and the Ethics Commission and shall
25 be available for public inspection during business hours of the
26 commission. Each disclosure statement shall remain on file as
27 long as the commission member to which it applies remains on the
28 commission. Prior to any vote upon any regulation upon which any
29 member feels he or any other commissioner has a potential
30 conflict of interest, such member shall disclose such potential
19890S1093B1314 - 8 -
1 conflict and request a ruling from the chairman of the
2 commission upon the question of whether such potential conflict
3 disqualifies the member from voting on the regulation. Any
4 member of the commission may challenge the ruling of the
5 chairman and in such case the question shall be resolved by
6 majority vote of the commission. The chairman or a majority of
7 the commissioners may request the Ethics Commission to provide
8 advice regarding conflicts of interest and such advice, when
9 given, shall be binding upon the commission. A member of the
10 commission commits a misdemeanor of the second degree if such
11 member knowingly and intentionally violates the provisions of
12 this subsection. No person who acts in good faith on an opinion
13 issued to him by the chairman or the Ethics Commission shall be
14 subject to criminal or civil penalties levied under the act of
15 October 4, 1978 (P.L.883, No.170), referred to as the Public
16 Official and Employee Ethics Law, for so acting, provided the
17 material facts are as stated in the request for an opinion.
18 (g) A chairman shall be elected by the commission who shall
19 serve for a term of two years and until his successors shall be
20 elected. The chairman shall preside at meetings of the
21 commission and shall execute documents relating to the formal
22 actions of the commission.
23 (h) The commission shall meet at least twice a month at such
24 times and places as shall be set by the chairman. A commissioner
25 who fails to attend three consecutive meetings without cause
26 shall be removed as a commissioner by the authority appointing
27 the commissioner.
28 (i) For purposes of conducting official business, a quorum
29 shall consist of three members. Members must be physically
30 present to be counted toward the quorum. If the commission is
19890S1093B1314 - 9 -
1 unable to conduct business for lack of a quorum, the deadline
2 for the commission to notify the agency of an objection in
3 accordance with section 6(a), or to issue an order in accordance
4 with section 7(c) shall be postponed for 30 days or until the
5 next meeting at which a quorum is in attendance, whichever first
6 occurs.
7 Section 5. Proposed regulation; criteria for review, existing
8 regulations.
9 (a) For proposed regulations, submitted after the effective
10 date of this section, at the same time that proposed regulations
11 and any changes thereto are submitted to the Legislative
12 Reference Bureau for publication of notice of proposed
13 rulemaking in the Pennsylvania Bulletin as required by the act
14 of July 31, 1968 (P.L.769, No.240), referred to as the
15 Commonwealth Documents Law, the agency proposing the regulation
16 shall [forward] submit a copy of [such proposal] the proposed
17 regulation to the commission and the designated standing
18 committee of each House of the General Assembly [and additional
19 information including but not limited to the following:]. The
20 agency proposing the regulation shall hold a public comment
21 period of at least 30 days beginning with publication of the
22 notice of proposed rulemaking in the Pennsylvania Bulletin. At
23 the same time the agency submits the proposed regulation, it
24 shall deliver additional information to the commission and the
25 designated standing committees including, but not limited to,
26 the following:
27 (1) The name of the agency proposing the regulation and
28 a statement of the statutory or other authority under which
29 the regulation or change is proposed and if such regulation
30 or change is proposed to implement the requirements of
19890S1093B1314 - 10 -
1 Federal statute or Federal regulation, such Federal statute
2 or regulation shall be cited with specificity.
3 (2) A brief explanation of the proposed regulation or
4 change.
5 (3) A statement of the need for the regulation or
6 change.
7 (4) Estimates of the direct cost to the Commonwealth and
8 direct and indirect cost to its political subdivisions and
9 indirect cost to the private sector. Insofar as the proposal
10 relates to direct cost to the Commonwealth, the agency may
11 submit in lieu of its own statement the fiscal note prepared
12 by the Office of the Budget pursuant to section 612 of the
13 act of April 9, 1929 (P.L.177, No.175), known as "The
14 Administrative Code of 1929."
15 (5) A statement of legal, accounting or consultant
16 procedures which may be required for implementation of the
17 regulation by those affected by it.
18 (6) A statement of any additional reporting,
19 recordkeeping or other paperwork required by the proposed
20 regulations including copies of any forms or reports which
21 will be required in the implementation of the proposed
22 regulation.
23 (7) An outline of conformance with the public comment
24 period and relevant dates including dates by which comments
25 must be received, dates of proposed public hearings, the
26 effective date of final regulations, date by which compliance
27 with the proposed regulations will be required, including the
28 date by which any required permits, licenses or other
29 approvals must be obtained.
30 (8) The name of the author or authors of the regulation
19890S1093B1314 - 11 -
1 with their office address and phone numbers included.
2 (9) An identification of the types of persons,
3 businesses and organizations which would be affected by the
4 regulation.
5 (10) Identification of any other regulations which would
6 be affected by the regulation.
7 The requirements of this section shall not diminish the Notice
8 of Proposed Rulemaking requirements of the Commonwealth
9 Documents Law but the information required by this section may
10 be included in the Notice of Proposed Rulemaking requirement for
11 publication in the Pennsylvania Bulletin in lieu of the
12 information required by paragraphs (2) and (3) of section 201 of
13 the Commonwealth Documents Law. The commission may waive an
14 information requirement of this section for a proposed
15 regulation when any specific requirement is deemed by the
16 commission to be unnecessary or inappropriate.
17 (b) In addition to the requirements of subsection (a), for
18 regulations which impose gross fiscal impacts on either the
19 public sector, the private sector, or both of over $1,000,000,
20 in any year, or which impose other major impacts as determined
21 by the commission, the agency proposing the regulation shall
22 forward at the request of the commission or the designated
23 standing committee of either House of the General Assembly a
24 written regulatory analysis. Such regulatory analysis shall
25 state:
26 (1) the financial, economic and social impacts of the
27 regulation on individuals, business and labor communities or
28 other public and private organizations. When practicable, an
29 evaluation of the benefits expected as a result of the
30 regulation should be included;
19890S1093B1314 - 12 -
1 (2) that alternative approaches have been considered and
2 the least burdensome acceptable alternative has been
3 selected;
4 (3) that, in arriving at the acceptable alternative,
5 consideration was given to minimizing new reporting,
6 accounting and legal requirements;
7 (4) that a plan for the evaluation of the effectiveness
8 of the regulation after its issuance has been developed; and
9 (5) the manner in which, when it is lawful, desirable
10 and feasible, special provisions have been developed to meet
11 the particular needs of affected groups and persons
12 including, but not limited to: minorities, elderly, small
13 businesses and farmers.
14 (b.1) From the date of submittal of the proposed regulation,
15 the agency shall submit to the commission and the designated
16 standing committee of each House of the General Assembly, within
17 five days of receipt, a copy of any comments received by the
18 agency which refers to or concerns the proposed regulation.
19 Prior to or upon submission of a proposed regulation, the agency
20 shall, upon request, submit to the commission and the designated
21 standing committees copies of reports from advisory groups and
22 other documents received from or disseminated to the public
23 pertaining or referring to the proposed regulation, and public
24 notices or announcements regarding solicitation of public
25 comments or meetings held by the agency on the subject of the
26 proposed regulation.
27 (b.2) The standing committee may, within 20 calendar days
28 from the closing date of the public comment period, convey to
29 the agency a summary of their objections stating the reasons why
30 the proposed regulation is unacceptable, and a copy of any staff
19890S1093B1314 - 13 -
1 reports deemed pertinent. Such comments shall include, but not
2 be limited to, deviations from the statutory authority of the
3 agency and the intention of the General Assembly in the
4 enactment of the statute upon which the proposed regulation was
5 based.
6 (b.3) The commission shall, within 30 calendar days from the
7 closing date of the public comment period, notify the agency of
8 any objections stating the reasons why the proposed regulation
9 is unacceptable and a copy of any staff reports deemed
10 pertinent. Such notification shall specify the regulatory review
11 criterion which have not been met by the proposed regulation.
12 Failure of the commission to object to any portion of the
13 proposed regulation within the 30 calendar days provided in this
14 subsection shall constitute approval of that portion of the
15 proposed regulation and, in such cases, any subsequent
16 disapproval by the commission shall relate only to changes made
17 by the agency to the proposed regulation or pursuant to
18 recommendations received from the standing committees.
19 (b.4) The agency shall review and consider public comments
20 and the comments of the standing committees and commission, if
21 any, pursuant to this section. Upon completion of the agency's
22 review of comments, the agency shall submit to the commission
23 and the designated standing committee of each House of the
24 General Assembly a copy of the agency's response to the comments
25 received and the text of the final-form regulation which the
26 agency intends to adopt. If an agency fails to submit the final-
27 form regulation within two years of the close of the public
28 comment period but still desires to proceed with the rulemaking,
29 the agency must republish the regulation as a new rulemaking
30 with a new public comment period in accordance with section 201
19890S1093B1314 - 14 -
1 of the Commonwealth Documents Law.
2 (b.5) At the same time that the agency submits such material
3 to the commission and the designated standing committees, it
4 shall transmit by first class mail a notice of submittal
5 consisting of a copy of the text of the final-form regulation or
6 a copy of all changes incorporated into the final-form
7 regulation from what was initially published to each party that
8 submitted comments on the regulation during the public comment
9 period following publication of the proposed regulation in the
10 Pennsylvania Bulletin. The agency shall not be responsible for
11 notifying each party whose name appears on petitions or
12 membership lists who did not present individual comments on the
13 regulation. No changes to a regulation shall be accepted, except
14 as provided in section 7, after the submission of the regulation
15 to the commission and the designated standing committee.
16 (c) The standing committee shall, within 20 calendar days
17 from the date [the proposed regulation is published in the
18 Pennsylvania Bulletin] of receipt of the information required
19 under subsection (b.4), approve or disapprove the [proposed]
20 final-form regulation. The standing committee shall notify the
21 commission of approval or disapproval. Failure of [both] a
22 standing [committees] committee to disapprove a regulation
23 within the 20 calendar days shall constitute approval thereof.
24 Along with a notification of approval or disapproval the
25 committee shall convey to the commission and the agency a report
26 which includes[:
27 (1) A copy of the proposed regulation.
28 (2) A] a summary of the objections of the committee, if
29 any, stating the reasons why the committee has found the
30 proposed regulation unacceptable, and a copy of any staff
19890S1093B1314 - 15 -
1 reports deemed pertinent by the committee. Such reasons shall
2 include, but not be limited to, deviations from the statutory
3 authority of the agency and the intention of the General
4 Assembly in the enactment of the statute upon which the
5 proposed regulation was based.
6 In the event the standing committees are prevented from
7 completing their 20-day review because of expiration of the
8 legislative session in even-numbered years, consideration of the
9 [proposed] final-form regulation shall be automatically
10 suspended until the fourth Monday in January of the next
11 succeeding session of the General Assembly. On that date, the
12 agency shall resubmit the [proposed] final-form regulation to
13 the designated standing committee of each chamber, or its
14 successor committee, and to the commission. The standing
15 committees, or their successor committees, shall have 20
16 calendar days and the commission shall have 30 calendar days
17 from [the date the proposed] receipt of the final-form
18 regulation [is published in the Pennsylvania Bulletin] and the
19 information required under subsection (b.4) is received to
20 review such regulation. In computing the 20-day committee review
21 period and the 30-day commission review period, the number of
22 days in which the [proposed] final-form regulation had been
23 under review by the standing committees and by the commission as
24 of the expiration of the prior session shall be subtracted from
25 the 20-day committee and the 30-day commission review periods,
26 respectively. Failure of the agency to resubmit the [proposed]
27 final-form regulation on the fourth Monday in January of the
28 next succeeding session shall constitute withdrawal thereof. No
29 [proposed regulation] final-form regulation shall be submitted
30 to the commission or the standing committees for review during
19890S1093B1314 - 16 -
1 the period from the end of the legislative session of even-
2 numbered years to the [first day] fourth Monday in January of
3 the next succeeding legislative session, but emergency
4 regulations may be adopted pursuant to the provisions of section
5 6(b).
6 (d) In determining whether a [proposed] final-form
7 regulation is in the public interest, the commission shall,
8 first and foremost, make a determination that the [proposed]
9 final-form regulation is not contrary to the statutory authority
10 of the agency and intention of the General Assembly in the
11 enactment of the statute upon which the [proposed] final-form
12 regulation is based. In formulating its determination, the
13 commission shall consider written comments submitted by the
14 designated standing committees of each House of the General
15 Assembly and current members of the General Assembly and any
16 pertinent opinions of Pennsylvania's courts.
17 (e) Upon a finding that the final-form regulation is not
18 contrary to the statutory authority of the agency and to the
19 intention of the General Assembly in the enactment of the
20 statute upon which the [proposed] final-form regulation is
21 based, the commission shall further consider the following in
22 ascertaining whether the [proposed] final-form regulation is in
23 the public interest:
24 [(1) Possible adverse effects on prices of goods and
25 services, productivity or competition.
26 (2) Whether the regulation represents a policy decision
27 of such substantial nature that it requires a legislative
28 review.
29 (3) Direct cost to the Commonwealth, direct and indirect
30 cost to political subdivisions and indirect cost to the
19890S1093B1314 - 17 -
1 private sector.
2 (4) Reasonableness of requirements, implementation
3 procedure and timetable for the public and private sectors.
4 (5) The nature of any reports, forms or other paperwork
5 and the estimated cost of their preparation by individuals,
6 businesses and organizations in the private and public sector
7 where such reports would be required.
8 (6) Possible conflict with or duplication of statutes or
9 other existing regulations.
10 (7) The nature and estimated cost of any legal,
11 consulting or accounting services which the private or public
12 sector would incur.
13 (8) The impact on the public interest of exempting or
14 setting lesser standards of compliance for individuals or
15 small businesses when it is lawful, desirable and feasible to
16 do so.
17 (9) Clarity and lack of ambiguity.
18 (10) Need for the rule or regulation.
19 (11) Approval or disapproval by the designated standing
20 committee of the House of Representatives or the Senate.]
21 (1) Economic or fiscal impacts of the regulation or rule
22 which include the following:
23 (i) Direct and indirect costs to the Commonwealth,
24 to political subdivisions and to the private sector.
25 (ii) Adverse effects on prices of goods and
26 services, productivity or competition.
27 (iii) The nature of any reports, forms or other
28 paperwork and the estimated cost of their preparation by
29 individuals, businesses and organizations in the private
30 and public sectors where such reports, forms or other
19890S1093B1314 - 18 -
1 paperwork would be required.
2 (iv) The nature and estimated cost of any legal,
3 consulting or accounting services which the private or
4 public sector would incur.
5 (v) The impact on the public interest of exempting,
6 or setting lesser standards of compliance for,
7 individuals or small businesses when it is lawful,
8 desirable and feasible to do so.
9 (2) The protection of the public health, safety and
10 welfare, and the effect on this Commonwealth's natural
11 resources.
12 (3) The clarity, feasibility and reasonableness of the
13 regulation to be determined by considering the following:
14 (i) Possible conflict with or duplication of
15 statutes or existing regulations.
16 (ii) Clarity and lack of ambiguity.
17 (iii) Need for the regulation or rule.
18 (iv) Reasonableness of requirements, implementation
19 procedures and timetables for the public and private
20 sectors.
21 (4) Whether the regulation represents a policy decision
22 of such a substantial nature that it requires legislative
23 review.
24 (5) Approval or disapproval by the designated standing
25 committee of the House of Representatives or the Senate.
26 (f) Regulations for which notice of proposed rulemaking is
27 omitted pursuant to section 204 of the Commonwealth Documents
28 Law shall be submitted to the commission and the designated
29 standing committees for review [in the same fashion as proposed
30 regulations] under subsection (c) at the same time that the
19890S1093B1314 - 19 -
1 regulations are submitted to the Attorney General for review as
2 provided in the act of October 15, 1980 (P.L.950, No.164), known
3 as the "Commonwealth Attorneys Act." The public comment period
4 and the information requirements as provided for in subsection
5 (b.1) are not applicable to these regulations. [No] Except for
6 regulations adopted under section 6(b), no final order adopting
7 such regulation shall be published until completion of review
8 pursuant to this act.
9 [(g) The agency which proposes the regulation shall forward
10 to the commission within two days of receipt, a copy of any
11 comments received by the agency which refers to the proposed
12 regulation.]
13 (g.1) The commission shall only accept public or agency
14 comments, except those comments under subsection (c), up to 72
15 hours prior to the commission's public meeting. All documents,
16 phone calls and personal visits discussing a regulation shall be
17 noted by the commission and staff and made part of the public
18 commission record. Any additional public or agency comments
19 shall only be received by the commission, after the public
20 meeting has been called to order.
21 [(h) The commission, either on its motion or on the request
22 of any individual, agency, corporation, member of the General
23 Assembly or any other entity which may be affected by a
24 regulation, may also review any existing regulation or
25 administrative procedure. Whenever a committee of the Senate or
26 the House of Representatives shall request a review of a
27 regulation, the commission shall make such review and shall
28 assign it high priority. The commission may submit
29 recommendations to any agency recommending changes in existing
30 regulations where it finds the existing regulations or
19890S1093B1314 - 20 -
1 administrative procedure to be contrary to the public interest
2 under the criteria established in this section. The commission
3 may also make recommendations to the General Assembly and the
4 Governor for statutory changes whenever it finds that any
5 existing regulation or procedure may be contrary to the public
6 interest.]
7 Section 6. Procedures for commission consideration and agency
8 review.
9 (a) [Whenever the commission shall find that a proposed
10 regulation submitted to the Legislative Reference Bureau for
11 publication of notice of proposed rulemaking in the Pennsylvania
12 Bulletin or that a regulation for which notice of proposed
13 rulemaking is omitted pursuant to section 204 of the act of July
14 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
15 Documents Law, or a regulation which submitted to the Attorney
16 General for review prior to publication may be contrary to the
17 public interest under the criteria set forth in section 5, the
18 commission shall notify the agency promulgating such regulation
19 of its finding. Such notification shall set forth the
20 commission's objections in reasonable detail. The agency shall
21 review the commission's finding and not later than two weeks
22 following the notification unless the commission grants extended
23 time to comment shall respond to the commission as to whether or
24 not the proposed regulation will be withdrawn, revised or
25 returned in its original form with added justification or
26 documentation by the agency.] Whenever the commission shall find
27 that a final-form regulation submitted to the commission
28 pursuant to section 5(b.4) or that a regulation for which notice
29 of proposed rulemaking is omitted pursuant to section 204 of the
30 act of July 31, 1968 (P.L.769, No.240), referred to as the
19890S1093B1314 - 21 -
1 Commonwealth Documents Law, may be contrary to the public
2 interest under the criteria set forth in section 5, the
3 commission shall notify the Legislative Reference Bureau, the
4 standing committees, members of the public entitled to the
5 notice set forth in section 5(b.5) and the agency promulgating
6 such regulation of its finding. Such notification shall specify
7 the regulatory review criteria which has not been met by the
8 final-form regulation, as well as a description of the documents
9 and testimony relied on by the commission in reaching its
10 decision. The agency shall review the commission's finding and
11 proceed pursuant to section 7(a). If the commission does not
12 notify the agency of any objection within 30 days of
13 [publication] the date the commission received the information
14 required in section 5(b.4), in the case of [proposed rulemaking]
15 a final-form regulation, or within 30 days of receipt, in the
16 case of omission of proposed rulemaking, the agency may proceed
17 to promulgate the regulation as provided in the Commonwealth
18 Documents Law.
19 (b) The commission may, when notifying an agency of its
20 objections pursuant to subsection (a) or at any time following
21 such notification but prior to publication of a final order
22 adopting a regulation, issue an order barring the publication of
23 a final order adopting a regulation pending subsequent review of
24 the regulation in the manner provided in section 7. The
25 commission may not however issue an order against a proposed
26 regulation to the extent that the Attorney General certifies
27 that proposed regulation is required pursuant to the decree of
28 any court or to implement the provisions of a statute of the
29 United States or regulations issued thereunder by a Federal
30 agency nor shall the commission issue an order against a
19890S1093B1314 - 22 -
1 proposed regulation when such regulation is transmitted with the
2 certification of the Governor that it is required to meet an
3 emergency which shall include but not be limited to conditions
4 which may threaten the public health, safety or welfare or cause
5 a [significant] budget deficit or create need for supplemental
6 or deficiency appropriations of greater than $1,000,000. In such
7 case, the regulation can take effect immediately and may remain
8 in effect for up to 120 days but after that time may be
9 suspended by the commission with a statement of disapproval
10 unless it has been approved by the General Assembly under the
11 procedures contained in section 7[(b)](d). If the commission
12 issues a statement of disapproval after 120 days, the emergency
13 regulation must comply with section 7.
14 (c) Whenever a designated standing committee of the House of
15 Representatives or the Senate has notified the commission of its
16 disapproval and the commission approves the proposed regulation,
17 the commission shall, within two business days, notify the said
18 designated standing committee of such approval. The committee
19 shall have 14 days from receipt of such notice to take action
20 pursuant to section 7(d). During this 14-day period the agency
21 shall not be permitted to promulgate the regulation approved by
22 the commission. If, at the expiration of the 14-day period, the
23 designated standing committee fails to act on the regulation
24 pursuant to section 7(d), the agency may proceed to promulgate
25 the regulation as provided in the Commonwealth Documents Law. If
26 the commission is prevented from transmitting the notice
27 required under this subsection because of recess or adjournment
28 of either or both Houses of the General Assembly, the commission
29 shall transmit the notice on the first subsequent session day.
30 Section 6.1. Agency action pursuant to statute.
19890S1093B1314 - 23 -
1 Final form regulations shall be promulgated by a proposing
2 agency pursuant to statute.
3 [Section 7. Procedures and subsequent review.
4 (a) If the commission determines after reviewing an agency's
5 response that the agency still intends to implement such
6 regulation, the commission shall, within seven days of receipt
7 of an agency's response to its objections, either approve the
8 regulations or, if the commission believes that said regulation
9 would be contrary to the public interest as determined under
10 section 5, notify the Governor, who shall within 45 days review
11 the proposed regulation and the commission findings. Failure of
12 the commission to notify the Governor of its continued
13 objections to a proposed regulation within seven days shall
14 constitute approval thereof. Within seven days of an agency's
15 response, the commission may continue an order barring
16 publication of a final order adopting a regulation, issue such
17 an order if none was previously issued, or withdraw its order.
18 (b) If the Governor and the agency determine that it is
19 desirable to implement the proposed regulation without
20 revisions, the Governor shall submit a report to the General
21 Assembly containing the findings of the commission, the response
22 of the initiating agency and his own recommendations regarding
23 the regulation. At the time of the submission of the report by
24 the Governor, the commission shall, within 14 days of submission
25 of the report, either approve the regulation or transmit the
26 proposed regulation to the General Assembly for consideration in
27 accord with the procedures set forth in the act of April 7, 1955
28 (P.L.23, No.8), known as the "Reorganization Act of 1955."
29 Failure of the commission to transmit a regulation to the
30 General Assembly for consideration within 14 days of submission
19890S1093B1314 - 24 -
1 of the Governor's report shall constitute approval of the
2 proposed regulation. However, if the commission is prevented
3 from transmitting the regulation to the General Assembly within
4 14 days because of recess or adjournment, it may transmit the
5 regulation on the first subsequent session day. Failure to
6 submit a proposed regulation on the first subsequent session day
7 shall constitute approval thereof. Pending the review of a
8 regulation by the General Assembly, the commission may continue
9 an order barring publication of a final order adopting a
10 regulation, issue such an order if none was previously issued,
11 or withdraw its order. If the General Assembly disapproves a
12 regulation, the disapproval shall constitute a permanent order
13 barring publication, or shall rescind a regulation for which a
14 final order was published pending review of the regulation by
15 the commission or the General Assembly. The General Assembly may
16 at its discretion, however, disapprove a regulation to indicate
17 the intent of the General Assembly, but permit publication of a
18 final order adopting a regulation.
19 (c) Whenever a designated standing committee has received
20 the notice required under section 6(c), the designated standing
21 committee may within ten days report to the House of
22 Representatives or Senate a concurrent resolution and notify the
23 affected agency which shall be the official notice to the
24 agency. A final order adopting the regulation shall not be
25 published for 30 calendar days or ten legislative days,
26 whichever is longer, from date of reporting the concurrent
27 resolution. If both the House of Representatives and the Senate
28 agree to the concurrent resolution within the allotted time
29 period, the adoption of the concurrent resolution shall
30 constitute a permanent order barring publication, or shall act
19890S1093B1314 - 25 -
1 as an order rescinding a regulation for which a final order was
2 published pending review of the regulation. Failure of the House
3 of Representatives and the Senate to act on the concurrent
4 resolution within the allotted time period shall constitute
5 approval of the regulation. In addition, notice as to any final
6 disposition of any concurrent resolution considered in
7 accordance with this act shall be published in the Pennsylvania
8 Bulletin. The General Assembly may, at its discretion, adopt a
9 concurrent resolution disapproving the regulation to indicate
10 the intent of the General Assembly, but permit publication of a
11 final order adopting a regulation.]
12 Section 7. Procedures for subsequent review.
13 (a) Within seven days of receipt of a notice of disapproval
14 from the commission issued pursuant to section 6(a), the agency
15 shall notify the Governor, the designated standing committees of
16 the House of Representatives and the Senate, and the commission
17 of its intentions to proceed pursuant to subsection (b) or (c)
18 or to withdraw the regulation. Failure to submit the
19 notification required by this subsection shall constitute
20 withdrawal of the regulation.
21 (b) If the agency determines that it is desirable to
22 implement the final-form regulation without revisions or further
23 modifications, the agency shall submit a report to the
24 designated standing committee of each House of the General
25 Assembly and the commission within 40 days of the agency's
26 receipt of the commission's disapproval order. The agency's
27 report shall contain the final-form regulation, the findings of
28 the commission, and the response and recommendations of the
29 agency regarding the final-form regulation. If the agency is
30 prevented from submitting its report because of recess or
19890S1093B1314 - 26 -
1 adjournment of either or both Houses of the General Assembly,
2 the agency shall transmit its report on the first subsequent
3 session day. Upon receipt of the agency's report, a designated
4 standing committee may proceed pursuant to subsection (d).
5 Failure of the agency to submit a report within the time period
6 provided by this subsection or on the first subsequent session
7 day shall constitute withdrawal of the final-form regulation.
8 (c) If the agency determines that it is desirable to
9 implement the final-form regulation with further revisions or
10 modifications, the agency shall submit a report to the
11 designated standing committees of the House of Representatives
12 and the Senate and the commission within 40 days of the agency's
13 receipt of the commission's disapproval order. The agency's
14 report shall contain the revised final-form regulation, the
15 findings of the commission, and the response and recommendations
16 of the agency regarding the revised final-form regulation.
17 Failure of the agency to submit a report within the time period
18 provided by this subsection shall constitute withdrawal of the
19 final-form regulation. Upon receipt of the agency's report, the
20 designated standing committees shall have ten days to notify the
21 commission of their approval or disapproval of the agency's
22 report. Failure of a designated standing committee to notify the
23 commission of its disapproval within ten days shall constitute
24 its approval of the agency's report. The commission shall have
25 seven days or until its next regularly scheduled meeting,
26 whichever is longer, from the completion of the designated
27 standing committees' ten-day review period in which to approve
28 the agency's report or to continue its bar upon final
29 publication of the regulation and transmit notice of disapproval
30 and the agency's report to the designated standing committees
19890S1093B1314 - 27 -
1 for consideration by the General Assembly pursuant to subsection
2 (d). However, if the commission is prevented from transmitting
3 notice and the report to the General Assembly within the time
4 period provided for in this subsection because of recess or
5 adjournment, it may transmit notice and the report on the first
6 subsequent session day. Failure of the commission to transmit
7 the agency's report within the time period provided by this
8 subsection or on the first subsequent session day shall
9 constitute approval of the revised final-form regulation.
10 (d) Whenever the designated standing committees of both
11 Houses of the General Assembly have received the report of an
12 agency pursuant to subsection (b), or the notice and the
13 agency's report pursuant to subsection (c), or the notice
14 pursuant to section 6(c), one or both of the designated standing
15 committees may within 14 days report to the House of
16 Representatives or Senate a concurrent resolution and notify the
17 affected agency which shall be the official notice to the
18 agency. During the 14-day period, the agency shall not be
19 permitted to promulgate the regulation. If, at the expiration of
20 the 14-day period, both of the designated standing committees
21 fail to act on the agency's report, then the regulation is
22 deemed approved and the agency may proceed to promulgate the
23 regulation as provided in the act of July 31, 1968 (P.L.769,
24 No.240), referred to as the Commonwealth Documents Law. A final
25 order adopting the regulation shall not be published for 30
26 calendar days or ten legislative days, whichever is longer, from
27 date of reporting the concurrent resolution. If both the House
28 of Representatives and the Senate agree to the concurrent
29 resolution within the allotted time period, which is 30 calendar
30 days or ten legislative days, whichever is longer, from the date
19890S1093B1314 - 28 -
1 of reporting of the concurrent resolution, then the adoption of
2 the concurrent resolution shall constitute a bar to publication
3 until presentment to the Governor and final disposition of the
4 regulation. The resolution shall be presented to the Governor in
5 accordance with section 9 of Article III of the Constitution of
6 Pennsylvania. If the Governor does not return the resolution to
7 the General Assembly within ten calendar days after it is
8 presented to him, it shall constitute approval of the
9 resolution. If the Governor vetoes the action of the General
10 Assembly, the General Assembly may, within 30 calendar days or
11 ten legislative days, whichever is longer, override that veto by
12 a two-thirds vote in each house; and that override shall
13 constitute a permanent bar to publication. Failure of the House
14 of Representatives and the Senate to act on the concurrent
15 resolution or veto within the allotted time periods shall
16 constitute approval of the final-form regulation. In addition,
17 notice as to any final disposition of any concurrent resolution
18 considered in accordance with this act shall be published in the
19 Pennsylvania Bulletin. The General Assembly may, at its
20 discretion, adopt a concurrent resolution disapproving the
21 regulation to indicate the intent of the General Assembly, but
22 permit publication of a final order adopting a regulation.
23 Section 7.1. Classification of documents.
24 If the commission or a designated standing committee alleges
25 that a published or unpublished document should be promulgated
26 as an agency regulation, the commission or standing committee of
27 either House may present the matter to the Joint Committee on
28 Documents, which shall determine whether the document should be
29 promulgated as an agency regulation and may order an agency
30 either to promulgate the document as a regulation within 180
19890S1093B1314 - 29 -
1 days or to desist from the use of the document in the business
2 of the agency.
3 Section 8. Changes in final-form regulations.
4 No changes shall be made by an agency to a final-form
5 regulation after that regulation has been approved or has been
6 deemed approved by the commission except changes made at the
7 direction of the Office of Attorney General pursuant to its
8 review under section 204(b) of the act of October 15, 1980
9 (P.L.950, No.164), known as the "Commonwealth Attorneys Act."
10 Section 8.1. Existing regulations.
11 The commission, either on its motion or on the request of any
12 individual, agency, corporation, member of the General Assembly
13 or any other entity which may be affected by a regulation, may
14 also review any existing regulation or administrative procedure.
15 Whenever a committee of the Senate or the House of
16 Representatives shall request a review of a regulation or
17 administrative procedure, the commission shall make such review
18 and shall assign it high priority. The commission may submit
19 recommendations to any agency recommending changes in existing
20 regulations where it finds the existing regulations or
21 administrative procedure to be contrary to the public interest
22 under the criteria established in this section. The commission
23 may also make recommendations to the General Assembly and the
24 Governor for statutory changes whenever it finds that any
25 existing regulation or procedure may be contrary to the public
26 interest.
27 Section 9. Commission staff.
28 The commission shall appoint and fix the compensation of an
29 executive director, who shall devote his full time to the
30 general supervision of all the affairs of the commission. In
19890S1093B1314 - 30 -
1 addition, the commission shall appoint a chief counsel who shall
2 not be subject to the supervision of the Attorney General or the
3 General Counsel and it may appoint and fix the compensation of
4 such other employees as the commission may from time to time
5 find necessary for the proper performance of the functions of
6 the commission. In determining the necessity for such additional
7 staff, the commission shall consider the fact that the General
8 Assembly is required under this act to participate in the review
9 process and its staff will be providing assistance to the
10 commission through the legislative review provisions of this
11 act.
12 Section 10. Subpoena power.
13 The commission may require the attendance and testimony of
14 witnesses and the production of documentary evidence relative to
15 any investigation or hearing which the commission may conduct in
16 accordance with the powers granted it under this act. Such
17 subpoena shall be signed by the chairman or the executive
18 director and it shall be served by any person authorized to
19 serve subpoenas under the law of the Commonwealth.
20 Section 11. Rules; annual reports; hearings and advisory group
21 meetings.
22 (a) The commission shall compile and publish rules for the
23 conduct of meetings and public hearings and for the conduct of
24 business under this act. Such rules shall be promulgated in
25 accordance with the procedures established in the act of July
26 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
27 Documents Law. Such rules [may] shall provide for notification
28 of filings of [proposed] final-form regulations to parties
29 likely to be affected by the [proposed] final-form regulations
30 through publication in the Pennsylvania Bulletin. Prior to the
19890S1093B1314 - 31 -
1 rules taking effect, however, the appropriate standing
2 committees and the Joint Committee on Documents shall have 20
3 days and 30 days, respectively, from the date of receipt of the
4 information required under section 5(b.4) of this act to notify
5 the commission of their approval or disapproval of a final-form
6 regulation or of a regulation for which notice of proposed
7 rulemaking is omitted under section 204 of the Commonwealth
8 Documents Law. Final disposition of a disapproved final-form
9 regulation shall be in accordance with this act; however, the
10 responsibilities assigned to the commission shall be exercised
11 by the Joint Committee on Documents, and the commission may
12 exercise the rights provided to an agency.
13 (b) On or before April 1, [1986] 1989 and each year
14 thereafter, the commission shall file a report of its activities
15 for the prior calendar year with the Governor and the General
16 Assembly.
17 (c) The commission may hold public hearings on any matter
18 before the commission. The commission may also hold informal
19 hearings and may convene and meet with advisory groups regarding
20 matters before the commission.
21 Section 12. Clearinghouse.
22 (a) The commission shall act as a clearinghouse for
23 complaints, comments and other input from members of the General
24 Assembly and from the public regarding regulations, proposed
25 regulations and administrative procedures. The commission shall
26 maintain accurate records regarding complaints and comments it
27 receives and shall maintain such records by departmental and
28 subject matter categories. When the commission files its annual
29 report as provided by section 11, the commission shall include
30 within it a summary of public complaint and comment along with
19890S1093B1314 - 32 -
1 any recommendations the commission may offer for statutory
2 change as the result of public complaint and comment.
3 (b) The commission may also compile information on
4 regulations issued by the United States Government which come to
5 the attention of the commission which are found by the
6 commission to be excessive. The commission shall include a
7 summary on such regulations in its annual report and shall take
8 such other action as may be appropriate. The section of the
9 annual report relating to excessiveness of Federal regulations
10 shall be submitted to the President of the United States and to
11 the members of the United States Senate and the United States
12 House of Representatives from Pennsylvania. Nothing herein shall
13 be construed as requiring the commission to undertake a review
14 of Federal regulations.
15 Section 12.1. Gubernatorial review.
16 The Governor may institute procedures for the review and
17 approval of regulations promulgated by executive agencies prior
18 to their submittal for review under this act, including, but not
19 limited to, the establishment of a task force or committee, by
20 executive order. The Governor may also establish procedures for
21 the effective coordination of the review of regulations under
22 the act of October 15, 1980 (P.L.950, No.164), known as the
23 "Commonwealth Attorneys Act," and sections 612 and 2203-A of the
24 act of April 9, 1929 (P.L.177, No.175), known as "The
25 Administrative Code of 1929."
26 Section 14. Repeals.
27 (a) The following acts or parts of acts are repealed
28 absolutely:
29 Section 812.2, act of April 9, 1929 (P.L.177, No.175), known
30 as "The Administrative Code of 1929."
19890S1093B1314 - 33 -
1 Second, third and fourth sentences of subsection (n) of
2 section 4, act of May 23, 1945 (P.L.913, No.367), known as the
3 "Professional Engineers Registration Law."
4 Second and third sentences of section 1410, act of June 13,
5 1967 (P.L.31, No.21), known as the "Public Welfare Code."
6 Subsection (c) of section 11, act of November 30, 1976
7 (P.L.1207, No.265), known as the "Emergency Medical Services
8 Systems Act."
9 Subsections (c) and (d) of section 224, act of July 1, 1978
10 (P.L.700, No.124), known as the "Bureau of Professional and
11 Occupational Affairs Fee Act."
12 Subsections (c) and (d) of section 601, act of July 19, 1979
13 (P.L.130, No.48), known as the "Health Care Facilities Act."
14 Third and fourth sentences of subsection (a) and subsection
15 (b) of section 404, act of February 19, 1980 (P.L.15, No.9),
16 known as the "Real Estate Licensing and Registration Act."
17 Section 107, act of July 7, 1980 (P.L.380, No.97), known as
18 the "Solid Waste Management Act."
19 Section 6103(b) of Title 75 of the Pennsylvania Consolidated
20 Statutes (relating to promulgation of rules and regulations by
21 department).
22 (b) All other acts or parts of acts are repealed insofar as
23 they provide for consideration by the General Assembly or its
24 committees of proposed regulations.
25 Section 15. Termination date.
26 The commission shall be treated as a statutory agency created
27 after January 1, 1981, for purposes of the act of December 22,
28 1981 (P.L.508, No.142), known as the "Sunset Act." The
29 commission is scheduled for termination on December 31, [1988]
30 1993.
19890S1093B1314 - 34 -
1 Section 2. This act, with respect to the Independent
2 Regulatory Review Commission, constitutes the legislation
3 required to reestablish an agency under the act of December 22,
4 1981 (P.L.508, No.142), known as the Sunset Act.
5 Section 3. Each rule and regulation of the Independent
6 Regulatory Review Commission in effect on December 31, 1988,
7 shall remain in effect after such date until repealed or amended
8 by the commission or until it terminates in accordance with its
9 own terms.
10 Section 4. The terms of the members of the Independent
11 Regulatory Review Commission appointed prior to the effective
12 date of this act shall terminate on the effective date of this
13 act. Any commissioner terminated on the effective date of this
14 act shall continue to hold office until his successor shall be
15 appointed. The appointing authorities shall name new members to
16 the commission under the provisions of section 4.
17 Notwithstanding section 4(b), any commissioner terminated on the
18 effective date of this act shall be eligible to be appointed to,
19 and to serve, two full terms.
20 Section 5. This act shall apply to regulations submitted to
21 the Legislative Reference Bureau for publication of notice of
22 proposed rulemaking in the Pennsylvania Bulletin in accordance
23 with section 201 of the act of July 31, 1968 (P.L.769, No.240),
24 referred to as the Commonwealth Documents Law, and to
25 regulations for which notice of proposed rulemaking is omitted
26 pursuant to section 204 of the Commonwealth Documents Law which
27 are submitted to the Attorney General for review as provided by
28 the act of October 15, 1980 (P.L.950, No.164), known as the
29 Commonwealth Attorneys Act, on or after the effective date of <--
30 this act. JUNE 1, 1989. REGULATIONS SUBMITTED PRIOR TO THE <--
19890S1093B1314 - 35 -
1 EFFECTIVE DATE OF THIS ACT JUNE 1, 1989, SHALL BE CONSIDERED <--
2 UNDER THE PROCEDURES CONTAINED IN THE ACT OF JUNE 25, 1982
3 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT, PRIOR TO
4 THE ENACTMENT OF THIS ACT.
5 SECTION 6. EXCEPT FOR SECTION 4 OF THIS AMENDATORY ACT, THIS
6 ACT SHALL BE RETROACTIVE TO DECEMBER 31, 1988.
7 SECTION 7. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
F15L02CHF/19890S1093B1314 - 36 -