Regular Session 2015-2016 House Bill 2355 P.N. 3890

PRINTER'S NO. 3890

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2355

Session of

2015

INTRODUCED BY MOUL, CAUSER, PICKETT, TALLMAN, B. MILLER,

ZIMMERMAN AND CUTLER, SEPTEMBER 21, 2016

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 21, 2016

AN ACT

Amending the act of June 25, 1982 (P.L.633, No.181), entitled,

as reenacted and amended, "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, for final-form regulations and final-omitted

regulations and procedures for review, for procedures for

disapproval of final-form and final-omitted regulations and

emergency-certified regulations, for procedures for

subsequent review of disapproved final-form or final-omitted

regulations and for changes in final-form and final-omitted

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, reenacted and

amended June 30, 1989 (P.L.73, No.19), 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:

* * *

"Recommendation notice." A report adopted by a majority vote

of the Independent Regulatory Review Commission recommending the

approval or disapproval of a final-form or final-omitted

regulation according to the criteria established in section 5.2.

* * *

Section 2. Sections 5.1(e), (g), (j.1), (j.2) and (j.3), 6

and 7 of the act, amended December 6, 2002 (P.L.1227, No.148),

are amended to read:

Section 5.1. Final-form regulations and final-omitted

regulations; procedures for review.

* * *

(e) The commission may have until its next scheduled meeting

which occurs no less than 30 days after receipt of the final-

form or final-omitted regulation to [approve or disapprove the

final-form or final-omitted regulation. The commission shall

notify the agency and the committees of its approval or

disapproval.] issue a recommendation notice to the committees

and the agency. If the commission does not [disapprove the

final-form or final-omitted regulation] issue a recommendation

notice within the time allotted in this subsection, the

commission shall be deemed to have [approved] recommended the

approval of the final-form or final-omitted regulation and shall

notify the committees.

* * *

(g) Except as provided in this subsection, the agency may

not make any changes to a final-form or final-omitted regulation

after the agency submits the final-form or final-omitted

regulation to the commission and the committees.

(1) Prior to [the expiration of the date on which either

of the committees takes action on the final-form or final-

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omitted regulation, pursuant to subsection (j.2) or (j.3) or]

the expiration of the commission's review period prescribed

in subsection (e), [whichever occurs first,] the agency may,

unless the commission or a committee shall object, toll the

time for the commission's and the committees' review of the

final-form or final-omitted regulation in order to allow time

for the agency to consider revisions to the final-form or

final-omitted regulation recommended by the commission or a

committee.

(2) Tolling under paragraph (1) may last for up to 30

days. If within 30 days the agency does not submit revisions

to the committees and the commission or does not notify the

commission and the committees in writing that it will not

submit revisions but wishes the commission and the committees

to resume their review, the agency shall be deemed to have

withdrawn the final-form or final-omitted regulation.

(3) The [committees shall have the remainder of the 20-

day review period or ten days from the date of receipt of the

revised final-form or final-omitted regulation or written

notification under paragraph (2), whichever is longer, to

take action pursuant to subsection (j.2) or (j.3), and the]

commission may have until its next scheduled meeting which

occurs [after the expiration of the committee review period

but] not less than 15 days after receipt of the revised

final-form or final-omitted regulation or written

notification under paragraph (2) to review the final-form or

final-omitted regulation and issue a recommendation notice to

the committees. If the commission does not [disapprove the

final-form or final-omitted regulation or a committee does

not notify the commission and the agency that it has

20160HB2355PN3890 - 3 -

disapproved the regulation or that it intends to review the

regulation pursuant to subsection (j.2), within the

respective time periods, the regulation shall be deemed

approved.] issue a recommendation notice within this time

period, the commission shall be deemed to have recommended

the approval of the final-form or final-omitted regulation

and shall notify the committees. The committees shall, within

12 session days from the date of receiving the recommendation

notice required by this section, take action pursuant to

subsection (j.1).

(4) The agency may not toll the time for review of any

final-form or final-omitted regulation more than one time.

(5) The agency may not submit revisions or notification

that the regulation will not be revised after the adjournment

sine die or the expiration of the legislative session in an

even-numbered year. If the committees and the commission are

prevented from completing their review pursuant to this

subsection because of the adjournment sine die or the

expiration of the legislative session in an even-numbered

year, the agency shall resubmit the final-form or final-

omitted regulation and review shall proceed in accordance

within subsection [(j.3)] (j.1).

* * *

(j.1) [A committee shall have at least 20 days from receipt

of the information required under subsection (a) or receipt of

the information required under subsection (c) to] The committees

shall, within 12 session days of receiving notification from the

commission required by subsection (e), take action pursuant to

subsection (j.2). If the committees are prevented from

completing their [20-day] review within 12 session days because

20160HB2355PN3890 - 4 -

of the adjournment sine die or expiration of the legislative

session in an even-numbered year, their review of the final-form

or final-omitted regulation shall automatically be suspended

until the fourth Monday in January of the next year. On that

date, the agency shall resubmit the final-form or final-omitted

regulation and required material to the committees and the

commission. If either committee has not been designated by the

fourth Monday in January, the agency may not deliver the final-

form or final-omitted regulation and required material to the

commission and the committees until both committees have been

designated. If the agency does not deliver the final-form or

final-omitted regulation and required material to the commission

and the committees by the second Monday after the date by which

both committee designations have been published in the

Pennsylvania Bulletin, the agency shall be deemed to have

withdrawn the regulation. In computing the remaining time for

committee review, the number of session days in which the

committees have had the final-form or the final-omitted

regulation under review as of the adjournment sine die or

expiration of the prior session shall be subtracted from the [20

day] 12-session-day committee review period, but the committee

review period in the next succeeding legislative session shall

not be less than [ten] three session days. The commission shall

not act on a regulation until the committee review period has

expired. This section shall not apply to emergency-certified

regulations adopted pursuant to the provisions of section 6(d).

[(j.2) At any time during the commission's review period up

to 24 hours prior to the opening of the commission's public

meeting, a committee may notify the commission and the agency

that it has approved or disapproved a final-form or final-

20160HB2355PN3890 - 5 -

omitted regulation or that it intends to review the regulation.

If the commission approves a regulation and a committee has not

notified the commission and the agency that it has disapproved

the regulation or that it intends to review the regulation, the

agency may promulgate the regulation. If the commission approves

a regulation and a committee has notified the commission and the

agency that it has disapproved the regulation or that it intends

to review the regulation, the agency may not promulgate the

regulation for 14 days after the committee has received the

commission's approval order. During this 14-day period, the

committee may take action on the regulation pursuant to section

7(d). If at the expiration of the 14-day period the committee

has not taken action on the regulation pursuant to section 7(d),

the agency may promulgate the regulation.

(j.3) If the committees are prevented from completing their

14-day review because of adjournment sine die or expiration of

the legislative session in an even-numbered year, their review

of the final-form or final-omitted regulation shall

automatically be suspended until the fourth Monday in January of

the next year. On that date, the agency shall resubmit the

final-form or final-omitted regulation and required material to

the committees and the commission. If either committee has not

been designated by the fourth Monday in January, the agency may

not deliver the final-form or final-omitted regulation and

required material to the committees and the commission until

both committees are designated. If the agency does not deliver

the final-form or final-omitted regulation and required material

to the commission and the committees by the second Monday after

the date by which both committee designations have been

published in the Pennsylvania Bulletin, the agency shall be

20160HB2355PN3890 - 6 -

deemed to have withdrawn the final-form or final-omitted

regulation. In determining the remaining time for committee

review, the number of days in which the committees have had the

final-form or the final-omitted regulation under review as of

the adjournment sine die or expiration of the prior session

shall be subtracted from the 14-day committee review period, but

the committee review period in the next succeeding legislative

session shall not be less than ten days. An agency may not

submit a final-form or final-omitted regulation to the

commission or the committees for review during the period from

the adjournment sine die or expiration of the legislative

session of an even-numbered year to the date by which both

committees have been designated in the next succeeding

legislative session. This subsection shall not apply to

emergency-certified regulations adopted pursuant to the

provisions of section 6(d).]

(j.2) Both committees shall approve or disapprove of the

final-form or final-omitted regulation. An agency may not

promulgate the final-form or final-omitted regulation until both

committees approve the regulation. If a committee disapproves

the final-form or final-omitted regulation, the agency shall be

barred from promulgating the regulation and shall proceed

further with the final-form or final-omitted regulation pursuant

to section 7.

* * *

Section 6. Procedures for disapproval of final-form and final-

omitted regulations; emergency-certified regulations.

(a) [If the commission disapproves a final-form or final-

omitted regulation, the] The commission shall deliver its

[disapproval order] recommendation notice to the Legislative

20160HB2355PN3890 - 7 -

Reference Bureau, the committees and the agency. The commission

shall notify commentators who have requested additional

information under section 5.1(a) of the commission's [vote to

disapprove. The disapproval order] recommendation notice. If the

recommendation notice advises the committees to disapprove a

final-form or final-omitted regulation, the recommendation

notice shall specify the regulatory review criteria which the

final-form or final-omitted regulation has not met. [The agency

shall review the commission's order and proceed pursuant to

section 7(a).]

(b) [The commission's order disapproving] A committee's vote

to disapprove a final-form or final-omitted regulation shall bar

the agency from promulgating that regulation pending subsequent

review under section 7. An agency may not promulgate a final-

form or final-omitted regulation until both committees have

approved the regulation.

(c.1) If a committee disapproves a final-form or final-

omitted regulation, the committee shall deliver a disapproval

order to the Legislative Reference Bureau, the commission and

the agency. The disapproval order shall specify the regulatory

review criteria which the final-form or final-omitted regulation

has not met and may include any suggested revisions to the

regulation the committee may have. The agency shall review the

committee's disapproval order and proceed pursuant to section 7.

(d) [The commission] A committee may not issue an order

barring an agency from promulgating a final-form or final-

omitted regulation if the Attorney General certifies that the

final-form or final-omitted regulation is required pursuant to

the decree of any court or to implement the provisions of a

statute of the United States or regulations issued thereunder by

20160HB2355PN3890 - 8 -

a Federal agency or if the Governor certifies that the final-

form or final-omitted regulation is required to meet an

emergency which includes conditions which may threaten the

public health, safety or welfare; cause a budget deficit; or

create the need for supplemental or deficiency appropriations of

greater than $1,000,000. In those cases, the final-form or

final-omitted regulation may take effect on the date of

publication or on a later date specified in the order adopting

the final-form or final-omitted regulation. The commission and

the committees shall review the final-form or final-omitted

regulation pursuant to the procedures provided for in this act.

If the final-form or final-omitted regulation is disapproved

pursuant to those procedures, that regulation shall be rescinded

after 120 days or upon final disapproval, whichever occurs

later.

Section 7. Procedures for subsequent review of disapproved

final-form or final-omitted regulations.

[(a) An agency may select one of the following options for

proceeding with a regulation which has been disapproved by the

commission:

(1) To proceed further with the final-form or final-

omitted regulation pursuant to subsection (b).

(2) To proceed further with the final-form or final-

omitted regulation pursuant to subsection (c).

(3) To withdraw the final-form or final-omitted

regulation.

(b) If the agency decides to adopt the final-form or final-

omitted regulation without revisions or further modifications,

the agency shall submit a report to the committees and the

commission within 40 days of the agency's receipt of the

20160HB2355PN3890 - 9 -

commission's disapproval order. The agency's report shall

contain the final-form or final-omitted regulation, the

commission's disapproval order and the agency's response and

recommendations regarding the final-form or final-omitted

regulation. If the committees are prevented from receiving the

report because of adjournment sine die or expiration of the

legislative session in an even-numbered year, the agency shall

submit its report to the commission and the committees on the

fourth Monday in January of the next year. If either committee

has not been designated by the fourth Monday in January, the

agency may not deliver the report to the committees and the

commission until both committees are designated, but the agency

shall deliver its report to the commission and the committees no

later than the second Monday after the date by which both

committee designations have been published in the Pennsylvania

Bulletin. If the agency does not deliver the report to the

committees and the commission in the time prescribed in this

subsection, the agency shall be deemed to have withdrawn the

final-form or final-omitted regulation.]

(a) If a committee disapproves a final-form or final-omitted

regulation, the agency shall withdraw the final-form or final-

omitted regulation or proceed further with the regulation

pursuant to subsection (c).

or final-omitted regulation in order to respond to objections

raised by the commission or by a committee and adopt that

regulation with revisions or modifications, the agency shall

submit a report to the committees and the commission within 40

days of the agency's receipt of the [commission's] committee's

disapproval order. The agency's report shall contain the revised

20160HB2355PN3890 - 10 -

final-form or final-omitted regulation, the findings of the

commission and the committees, and the agency's response and

recommendations regarding the revised final-form or final-

omitted regulation. If the committees are prevented from

receiving the report because of adjournment sine die or

expiration of the legislative session in an even-numbered year,

the agency shall submit the report to the commission and the

committees on the fourth Monday in January of the next year. If

either committee has not been designated by the fourth Monday in

January, the agency may not deliver the report to the committees

and the commission until both committees are designated, but the

agency shall deliver its report to the commission and the

committees no later than the second Monday after the date by

which both committee designations have been published in the

Pennsylvania Bulletin. If the agency does not deliver its report

to the commission and the committees in the time prescribed in

this subsection, the agency shall be deemed to have withdrawn

the final-form or final-omitted regulation.

(c.1) The commission may have until its next scheduled

meeting, which occurs no less than 15 days from receipt of the

agency's report to [approve or disapprove the agency's report.

The commission shall deliver its approval or disapproval order]

issue a recommendation notice to the committees for

consideration [by the General Assembly] pursuant to subsection

(d). If the commission is prevented from delivering [its order]

the recommendation notice to the committees within the time

period provided for in this subsection because of the

adjournment sine die or expiration of the legislative session in

an even-numbered year, the commission shall deliver its order on

the fourth Monday of January of the next year. If either

20160HB2355PN3890 - 11 -

committee has not been designated by the fourth Monday in

January, the commission may not deliver its order to the

committees until both committees are designated, but the

commission shall deliver its order no later than the second

Monday after the date by which both committee designations have

been published in the Pennsylvania Bulletin. If the commission

does not deliver its order disapproving the agency's report and

revised final-form or final-omitted regulation in the time

prescribed by this subsection, the commission shall be deemed to

have approved the agency's report and the revised final-form or

final-omitted regulation and shall notify the committees.

(d) Upon receipt of the commission's [order] recommendation

notice or notification pursuant to subsection (c.1) [or at the

expiration of the commission's review period if the commission

does not act on the regulation or does not deliver its order

pursuant to subsection (c.1), one or] both of the committees

[may, within 14 calendar days, report to the House of

Representatives or Senate a concurrent resolution and notify the

agency. During the 14-calendar-day period, the agency may not

promulgate the final-form or final-omitted regulation. If, by

the expiration of the 14-calendar-day period, neither committee

reports a concurrent resolution, the committees shall be deemed

to have approved the final-form or final-omitted regulation, and

the agency may promulgate that regulation. If either committee

reports a concurrent resolution before the expiration of the 14-

day period, the Senate and the House of Representatives shall

each have 30 calendar days or ten legislative days, whichever is

longer, from the date on which the concurrent resolution has

been reported, to adopt the concurrent resolution. If the

General Assembly adopts the concurrent resolution by majority

20160HB2355PN3890 - 12 -

vote in both the Senate and the House of Representatives, the

concurrent resolution shall be presented to the Governor in

accordance with section 9 of Article III of the Constitution of

Pennsylvania. If the Governor does not return the concurrent

resolution to the General Assembly within ten calendar days

after it is presented, the Governor shall be deemed to have

approved the concurrent resolution. If the Governor vetoes the

concurrent resolution, the General Assembly may override that

veto by a two-thirds vote in each house. The Senate and the

House of Representatives shall each have 30 calendar days or ten

legislative days, whichever is longer, to override the veto. If

the General Assembly does not adopt the concurrent resolution or

override the veto in the time prescribed in this subsection, it

shall be deemed to have approved the final-form or final-omitted

regulation. Notice as to any final disposition of a concurrent

resolution considered in accordance with this section shall be

published in the Pennsylvania Bulletin. The bar on promulgation

of the final-form or final-omitted regulation shall continue

until that regulation has been approved or deemed approved in

accordance with this subsection. If the General Assembly adopts

the concurrent resolution and the Governor approves or is deemed

to have approved the concurrent resolution or if the General

Assembly overrides the Governor's veto of the concurrent

resolution, the agency shall be barred from promulgating the

final-form or final-omitted regulation. If the General Assembly

does not adopt the concurrent resolution or if the Governor

vetoes the concurrent resolution and the General Assembly does

not override the Governor's veto, the agency may promulgate the

final-form or final-omitted regulation. The General Assembly

may, at its discretion, adopt a concurrent resolution

20160HB2355PN3890 - 13 -

disapproving the final-form or final-omitted regulation to

indicate the intent of the General Assembly but permit the

agency to promulgate that regulation.] shall, within six session

days, review the revised final-form or final-omitted regulation.

If a committee disapproves the revised final-form or final-

omitted regulation, the agency shall withdraw the revised final-

form or final-omitted regulation or proceed further with the

revised final-form or final-omitted regulation pursuant to

subsection (c). If both committees approve the revised final-

form or final-omitted regulation, the agency may promulgate the

regulation. If the committees are prevented from completing

their review within six session days because of the adjournment

sine die or expiration of the legislative session in an even-

numbered year, their review of the final-form or final-omitted

regulation shall automatically be suspended until the fourth

Monday in January of the next year. On that date, the agency

shall resubmit the final-form or final-omitted regulation and

required material to the committees and the commission. If

either committee has not been designated by the fourth Monday in

January, the agency may not deliver the final-form or final-

omitted regulation and required material to the commission and

the committees until both committees have been designated. If

the agency does not deliver the final-form or final-omitted

regulation and required material to the commission and the

committees by the second Monday after the date by which both

committee designations have been published in the Pennsylvania

Bulletin, the agency shall be deemed to have withdrawn the

regulation. In computing the remaining time for committee

review, the number of session days in which the committees have

had the final-form or the final-omitted regulation under review

20160HB2355PN3890 - 14 -

as of the adjournment sine die or expiration of the prior

session shall be subtracted from the six-session-day committee

review period, but the committee review period in the next

succeeding legislative session shall not be less than three

session days. The commission may not act on a regulation until

the committee review period has expired. This section does not

apply to emergency-certified regulations adopted pursuant to the

provisions of section 6(d).

Section 3. Section 8 of the act, amended June 25, 1997

(P.L.252, No.24), is amended to read:

Section 8. Changes in final-form and final-omitted regulations.

(a) Except as provided in subsection (b), an agency may not

make changes to a final-form or final-omitted regulation after

that regulation has been approved [or has been deemed approved]

by the committees [or the commission] pursuant to this act.

(b) Subsection (a) does not apply to changes made at the

direction of the Office of Attorney General pursuant to its

review under section 204(b) of the Commonwealth Attorneys Act.

Section 4. This act shall take effect in 60 days.

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