Regular Session 2019-2020 House Bill 1395 P.N. 1694

PRINTER'S NO. 1694

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1395

Session of

2019

INTRODUCED BY ECKER, GROVE, HERSHEY, ZIMMERMAN, ROTHMAN,

B. MILLER, SAYLOR, KLUNK AND MOUL, MAY 2, 2019

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 2, 2019

AN ACT

Amending Title 71 (State Government) of the Pennsylvania

Consolidated Statutes, providing for regulatory review;

making a related repeal; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The heading of Part V of Title 71 of the

Pennsylvania Consolidated Statutes is amended to read:

PART V

BOARDS, COMMISSIONS AND OFFICES

Section 2. Title 71 is amended by adding chapters to read:

CHAPTER 42

PRELIMINARY PROVISIONS

(Reserved)

CHAPTER 43

REGULATORY REVIEW

Sec.

4301. Short title of chapter.

4302. Legislative intent.

4303. Definitions.

4304. Composition of commission, membership, compensation,

vacancies and removal.

4305. Proposed regulations and procedures for review.

4306. Final-form and final-omitted regulations and procedures

for review.

4307. Criteria for review of regulations.

4308. Regulatory review and promulgation.

4309. Procedures for disapproval of final-form and final-

omitted regulations and emergency-certified

regulations.

4310. Procedures for subsequent review of disapproved final-

form or final-omitted regulations.

4311. Classification of documents.

4312. Changes in final-form and final-omitted regulations.

4313. Existing regulations.

4314. Commission staff.

4315. Subpoena power.

4316. Regulations, annual reports, hearings and advisory group

meetings.

4317. Clearinghouse.

4318. Gubernatorial review.

§ 4301. Short title of chapter.

This chapter shall be known and may be cited as the

Regulatory Review Act.

§ 4302. Legislative intent.

(a) Declaration.--The General Assembly has enacted a large

number of statutes and has conferred on boards, commissions,

departments and agencies within the executive branch of

government the authority to adopt rules and regulations to

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implement those statutes. The General Assembly has found that

this delegation of its authority has resulted in regulations

being promulgated without undergoing effective review concerning

cost benefits, duplication, inflationary impact and conformity

to legislative intent. The General Assembly finds that it must

establish a procedure for oversight and review of regulations

adopted under this delegation of legislative power in order to

curtail excessive regulation and to require the executive branch

to justify its exercise of the authority to regulate before

imposing hidden costs upon the economy of this Commonwealth. It

is the intent of this chapter to establish a method for ongoing

and effective legislative review and oversight in order to

foster executive branch accountability; to provide for primary

review by a commission with sufficient authority, expertise,

independence and time to perform that function, to provide

ultimate review of regulations by the General Assembly and to

assist the Governor, the Attorney General and the General

Assembly in their supervisory and oversight functions. To the

greatest extent possible, this chapter is intended to encourage

the resolution of objections to a regulation and the reaching of

a consensus among the commission, the standing committees,

interested parties and the agency.

(b) Findings.--This chapter is intended to improve State

rulemaking by creating procedures to analyze the availability of

more flexible regulatory approaches for small businesses in

accordance with the following findings:

(1) A vibrant and growing small business sector is

critical to creating jobs in a dynamic economy.

(2) Small businesses bear a disproportionate share of

regulatory costs and burdens.

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(3) Fundamental changes that are needed in the

regulatory and enforcement culture of agencies to make them

more responsive to small business can be made without

compromising the statutory missions of the agencies.

(4) When adopting regulations to protect the health,

safety and economic welfare of the Commonwealth, agencies

should seek to achieve statutory goals as effectively and

efficiently as possible without imposing unnecessary burdens

on small business.

(5) Uniform regulatory and reporting requirements can

impose unnecessary and disproportionately burdensome demands,

including legal, accounting and consulting costs, upon small

businesses with limited resources.

(6) The failure to recognize differences in the scale

and resources of regulated businesses can adversely affect

competition in the marketplace, discourage innovation and

restrict improvements in productivity.

(7) Unnecessary regulations create entry barriers in

many industries and discourage potential entrepreneurs from

introducing beneficial products and processes.

(8) The practice of treating all regulated businesses

similarly may lead to inefficient use of regulatory agency

resources, enforcement problems and, in some cases, to

actions inconsistent with the legislative intent of health,

safety, environmental and economic welfare legislation.

(9) Alternative regulatory approaches that do not

conflict with the stated objective of applicable statutes may

be available to minimize the significant economic impact of

rules on small businesses.

(10) The process by which State regulations are

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developed and adopted should be reformed to require agencies

to solicit the ideas and comments of small businesses, to

examine the impact of proposed and existing rules on the

businesses and to review the continued need for existing

rules.

create a right or benefit, substantive or procedural,

enforceable at law by a person against another person or against

the Commonwealth, its agencies or its officers.

§ 4303. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Acceptable data." Empirical, replicable and testable data

as evidenced in supporting documentation, statistics, reports,

studies or research.

"Agency." A department, departmental administrative board or

commission, independent board or commission, agency or other

authority of this Commonwealth now existing or hereafter

created. The term shall not include the Senate or the House of

Representatives, the Pennsylvania Fish and Boat Commission, the

Pennsylvania Game Commission or any court, political subdivision

or municipal or local authority of this Commonwealth.

"Commission." The Independent Regulatory Review Commission.

"Committee." A standing committee of the Senate or the House

of Representatives designated by the President pro tempore of

the Senate for the Senate or by the Speaker of the House of

Representatives for the House of Representatives. The

designation shall prescribe the jurisdiction of each standing

committee over the various State agencies for purposes of this

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chapter. The designation shall be transmitted to the Legislative

Reference Bureau for publication in the Pennsylvania Bulletin.

"Commonwealth Attorneys Act." The act of October 15, 1980

(P.L.950, No.164), known as the Commonwealth Attorneys Act.

"Commonwealth Documents Law." The act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth Documents

Law.

"Family." A parent, spouse, child, brother or sister.

"Final-form regulation." A regulation previously published

as a proposed regulation under the Commonwealth Documents Law

which an agency submits to the commission and the committees

following the close of the public comment period.

"Final-omitted regulation." A regulation which an agency

submits to the commission and the committees for which the

agency has omitted notice of proposed rulemaking under section

204 of the Commonwealth Documents Law.

"Promulgate." To publish an order adopting a final-form or

final-omitted regulation in accordance with the the Commonwealth

Documents Law.

"Proposed regulation." A document intended for promulgation

as a regulation which an agency submits to the commission and

the committees and for which the agency gives notice of proposed

rulemaking and holds a public comment period under the

Commonwealth Documents Law.

"Regulation." Any rule or regulation, or order in the nature

of a rule or regulation, promulgated by an agency under

statutory authority in the administration of any statute

administered by or relating to the agency or amending, revising

or otherwise altering the terms and provisions of an existing

regulation, or prescribing the practice or procedure before the

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agency. The term shall also include actions of the Pennsylvania

Liquor Control Board which have an effect on the discount rate

for retail licensees. The term shall not include a proclamation,

executive order, directive or similar document issued by the

Governor, but shall include a regulation which may be

promulgated by an agency, only with the approval of the

Governor.

"Small business." As defined in accordance with the size

standards described by the United States Small Business

Administration's Small Business Size Regulations under 13 CFR

Ch. 1 Part 121 (relating to Small Business Size Regulations) or

its successor regulation.

"Withdrawal." Removal of a proposed, final-form or final-

omitted regulation by an agency from the review process so that

the commission and the committees are prevented from taking

further action on the regulation.

§ 4304. Composition of commission, membership, compensation,

vacancies and removal.

(a) Composition.--The Independent Regulatory Review

Commission shall consist of five members to be known as

commissioners. One commissioner shall be appointed by the

Governor to serve at the Governor's pleasure, one by the

President pro tempore of the Senate, one by the Minority Leader

of the Senate, one by the Speaker of the House of

Representatives and one by the Minority Leader of the House of

Representatives. A member of the General Assembly or any other

officer or employee of State government may not serve as a

commissioner but a commissioner may serve on advisory boards and

commissions or on other boards and commissions that do not

promulgate any rules and regulations that may come before the

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commission for review under this chapter.

(b) Term.--Each appointment under subsection (a), except for

the Governor's appointment, shall be for a term of three years.

remainder of the unexpired term shall be made in the same manner

as set forth in subsection (a). On the expiration of a

commissioner's term of office, the commissioner shall continue

to hold office until a successor is appointed.

(d) Compensation.--The commissioner who is elected to serve

as the chairperson under subsection (h) shall receive $300 per

day as compensation for services rendered to the commission.

Each of the other commissioners shall receive $250 per day as

compensation for services rendered to the commission. A

commissioner shall also be entitled to reimbursement for travel

and other necessary expenses incurred as a result of official

duties. The expenses incurred by a commissioner, or by an

employee of the commission, shall be paid on the presentation of

itemized vouchers for incurred expenses, subject to the approval

of the commission.

(e) Removal.--Except as authorized under subsection (f) or

(i) and except for the Governor's appointee who shall serve at

the Governor's pleasure, a commissioner may not be removed

during the commissioner's term of office. The Governor may, with

the approval of two-thirds of the members of the Senate, upon

clear and convincing evidence of misfeasance or malfeasance in

office or neglect of duty, remove a commissioner prior to the

expiration of the commissioner's term. The Governor shall

provide the commissioner to be removed with a detailed written

statement of the reasons for removal.

(f) Suspension of commissioner.--A commissioner formally

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charged before a court of record with the commission of a felony

or with a misdemeanor under 18 Pa.C.S. Pt. II Art. E (relating

to offenses against public administration) shall immediately be

suspended as a commissioner until the charge is dismissed or a

verdict of acquittal is announced. If a commissioner pleads

guilty or nolo contendere or is found guilty of the offense, or

receives probation without verdict, disposition in lieu of trial

or an Accelerated Rehabilitative Disposition for felony or

misdemeanor charges in this Commonwealth or in any other

jurisdiction, that commissioner shall immediately be removed

from the commission upon announcement of the verdict or

disposition by the court or upon the court's acceptance of a

plea of guilty or nolo contendere.

(g) Commissioner conflict.--A commissioner may not

participate in deliberations regarding any regulation that

significantly affects the operation or activities of any

organization, except a nonprofit organization certified under

section 501(c)(3) of the Internal Revenue Code of 1986 (Public

Law 99-514, 26 U.S.C. § 501(c)(3)), in which the commissioner,

or any member of the commissioner's family, owns shares of stock

in excess of 5% of the total issue of the stock, has an

ownership interest in excess of 5% of the total ownership or

serves as an officer, director, trustee, partner or employee.

Within 90 days of appointment, and annually thereafter, each

commissioner shall disclose all business affiliations and

financial interests. The disclosure statement shall be filed

with the executive director of the commission and the State

Ethics Commission and shall be available for public inspection

during business hours of the commission. Each commissioner's

disclosure statement shall remain on file as long as the

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commissioner remains on the commission. If a commissioner has or

may have a conflict of interest or feels another commissioner

has or may have a conflict of interest in deliberating on a

regulation, the commissioner shall, prior to the vote on the

regulation, disclose the conflict or potential conflict. The

commissioner may request a ruling from the chairperson of the

commission on the question of whether the conflict or potential

conflict disqualifies the commissioner from voting on the

regulation. A commissioner may challenge the ruling of the

chairperson, and, in that case, the question shall be resolved

by majority vote of the commission. The chairperson or a

majority of the commissioners may request the State Ethics

Commission to provide advice regarding conflicts of interest,

and the advice, when given, shall be binding upon the

commission. A commissioner commits a misdemeanor of the second

degree by knowingly and intentionally violating the provisions

of this subsection. The commission or its employees when acting

in good faith on an opinion issued to a commissioner by the

chairperson or the State Ethics Commission shall not be subject

to criminal or civil penalties levied under the act of October

4, 1978 (P.L.883, No.170), referred to as the Public Official

and Employee Ethics Law, for acting on a State Ethics Commission

opinion, provided that the material facts are as stated in the

request for an opinion. In addition to the requirements of this

chapter, a commissioner shall be subject to the Public Official

and Employee Ethics Law.

(h) Chairperson.--The commission shall elect a chairperson,

who shall serve for a term of two years and until a successor is

elected. The chairperson shall preside at meetings of the

commission and shall execute documents relating to the formal

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actions of the commission.

(i) Commission meetings.--The commission shall meet before

the period for the commission's review of regulations under this

chapter expires and at other times as necessary to conduct the

business of the commission and ensure an expeditious and orderly

review of regulations under this chapter. Meetings shall be held

at times and places set by the chairperson. A meeting may be

scheduled by the commission on the provision of at least 10

days' notice to all affected agencies and committees. A

commissioner who does not attend three consecutive meetings

without cause may be removed as a commissioner by the authority

appointing the commissioner.

(j) Quorum required.--For purposes of conducting official

business, a quorum consists of a majority of the commissioners.

A commissioner must be physically present to be counted toward

the quorum. If the commission is unable to conduct business for

lack of a quorum, the deadline for the commission to take action

on a regulation in accordance with this chapter shall be

postponed for 30 days or until the next meeting at which a

quorum is in attendance, whichever occurs first.

§ 4305. Proposed regulations and procedures for review.

(a) Agency submission.--On the same date that an agency

submits a proposed regulation to the Legislative Reference

Bureau for publication of notice of proposed rulemaking in the

Pennsylvania Bulletin as required by the Commonwealth Documents

Law, the agency shall submit to the commission and the

committees a copy of the proposed regulation and a regulatory

analysis form which includes the following:

(1) The title of the agency and the names, office

addresses and telephone numbers of the agency officials

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responsible for responding to questions regarding the

regulation or for receiving comments relating to the

regulation.

(2) A specific citation to the Federal or State

statutory or regulatory authority or the decision of a

Federal or State court under which the agency is proposing

the regulation, which the regulation is designed to implement

or which may mandate or affect compliance with the

regulation.

(3) A concise and, when possible, nontechnical

explanation of the proposed regulation.

(4) A statement of the need for the regulation.

(5) Estimates of the direct and indirect costs to the

Commonwealth, to its political subdivisions and to the

private sector. Insofar as the proposed regulation relates to

costs to the Commonwealth, the agency may submit in lieu of

its own statement the fiscal note prepared by the Office of

the Budget under section 612 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929.

(6) A statement of legal, accounting or consulting

procedures and additional reporting, recordkeeping or other

paperwork, including copies of forms or reports, that will be

required for implementation of the regulation and an

explanation of measures which have been taken to minimize

these requirements.

(7) The following notifications and dates:

(i) A schedule for review of the proposed

regulation, including the date by which the agency must

receive comments.

(ii) The date or dates on which public hearings will

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be held.

(iii) The expected date of promulgation of the

proposed regulation as a final-form regulation.

(iv) The expected effective date of the final-form

regulation.

(v) The date by which compliance with the final-form

regulation will be required.

(vi) The date by which required permits, licenses or

other approvals must be obtained.

(8) An identification of the types of persons, small

businesses, businesses and organizations that would be

affected by the regulation.

(9) An identification of the financial, economic and

social impact of the regulation on individuals, small

businesses, business and labor communities and other public

and private organizations and, when practicable, an

evaluation of the benefits expected as a result of the

regulation.

(10) An economic impact statement for a proposed

regulation that may have an adverse impact on small

businesses that includes the following:

(i) An identification and estimate of the number of

small businesses subject to the proposed regulation.

(ii) The projected reporting, recordkeeping and

other administrative costs required for compliance with

the proposed regulation, including the type of

professional skills necessary for preparation of the

report or record.

(iii) A statement of the probable effect on impacted

small businesses.

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(iv) A description of any less intrusive or less

costly alternative methods of achieving the purpose of

the proposed regulation.

(11) A description of any special provisions that have

been developed to meet the particular needs of affected

groups and persons, including minorities, the elderly, small

businesses and farmers.

(12) A description of any alternative regulatory

provisions which have been considered and rejected and a

statement that the least burdensome acceptable alternative

has been selected.

(13) A regulatory flexibility analysis in which the

agency shall, where consistent with health, safety,

environmental and economic welfare, consider utilizing

regulatory methods that will accomplish the objectives of

applicable statutes while minimizing adverse impact on small

businesses. The agency shall consider, without limitation,

each of the following methods of reducing the impact of the

proposed regulation on small businesses:

(i) the establishment of less stringent compliance

or reporting requirements for small businesses;

(ii) the establishment of less stringent schedules

or deadlines for compliance or reporting requirements for

small businesses;

(iii) the consolidation or simplification of

compliance or reporting requirements for small

businesses;

(iv) the establishment of performance standards for

small businesses to replace design or operational

standards required in the proposed regulation; and

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(v) the exemption of small businesses from all or

any part of the requirements contained in the proposed

regulation.

(14) A description of the plan developed for evaluating

the continuing effectiveness of the regulation after the

regulation's implementation.

(15) A description of any data that a regulation is

based on with a detailed explanation of how the data was

obtained and why the data is acceptable data. An agency

advocating that any data is acceptable data shall have the

burden of proving that the data is acceptable.

(b) Possibility for alternative information in Notice of

Proposed Rulemaking.--The requirements of subsection (a) shall

not diminish the requirements of section 201 of the Commonwealth

Documents Law, but the information required by this section may

be included in the notice of proposed rulemaking published in

the Pennsylvania Bulletin in lieu of the information required by

section 201(2) and (3) of the Commonwealth Documents Law. The

agency shall hold a public comment period which shall commence

with the publication of the notice of proposed rulemaking and

shall continue for not less than 30 days unless section 203(1)

or (2) of the Commonwealth Documents Law applies.

date of submission of the proposed regulation, the agency shall

submit to the commission and the committees, within five

business days of receipt, a copy of comments which the agency

receives relating to the proposed regulation. The agency shall

also, upon request, submit to the commission and the committees

copies of reports from advisory groups and other documents

received from or disseminated to the public relating to the

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proposed regulation and public notices or announcements relating

to solicitation of public comments or meetings which the agency

held or will hold relating to the proposed regulation.

(d) Committee submission of comments, recommendations and

objections.--The committees may, at any time prior to the

submittal of the regulation in final form, convey to the agency

and the commission the committee's comments, recommendations and

objections to the proposed regulation and a copy of any staff

reports deemed pertinent. The comments, recommendations and

objections may refer to the criteria in section 4307 (relating

to criteria for review of regulations) .

(e) Agency action guidelines.--An agency may not submit a

proposed regulation to the committees for review during the

period from the end of the legislative session in an even-

numbered year to the date by which both committees have been

designated in the next succeeding legislative session, but an

agency may submit a proposed regulation and the material

required under subsection (a) to the commission and the

Legislative Reference Bureau during this period in accordance

with subsection (a). The public comment period shall commence

with the publication of the notice of proposed rulemaking and

end on the date designated by the agency under subsection (b).

The agency shall submit the proposed regulation and required

material to the committees no later than the second Monday after

the date that both committee designations have been published in

the Pennsylvania Bulletin. If the agency does not deliver the

proposed regulation and all material required under this section

in the time prescribed in this subsection, the agency shall be

deemed to have withdrawn the proposed regulation.

(f) Commission conveyance of recommendation or objection.--

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The commission may, within 30 days after the close of the public

comment period, convey to the agency and committees any

comments, recommendations and objections to the proposed

regulation. Each comment, recommendation and objection shall

specify the regulatory review criterion set forth in section

4307 which the proposed regulation has not met. If the

commission does not comment on, make recommendations regarding

or object to any portion of the proposed regulation within the

time provided in this subsection, the commission shall be deemed

to have approved that portion of the proposed regulation.

Disapproval of the final-form regulation by the commission shall

relate only to:

(1) comments, recommendations and objections raised by

the commission to the proposed regulation;

(2) changes that the agency made to the proposed

regulation; or

(3) recommendations, comments or objections that a

committee conveyed to the agency or the commission.

(g) Commission submission of comment to agency.--The

commission shall provide comments to the agency if the required

submissions under subsection (a)(8), (9), (10) and (13)

demonstrate an adverse impact on small businesses.

§ 4306. Final-form and final-omitted regulations and procedures

for review.

(a) Agency review of comments.--The agency shall review and

consider public comments and the comments of the committees and

commission under this section. Within five business days of

receipt of a public comment, the agency shall notify the

commentator of the agency's address and telephone number where

the commentator may submit a request for the information

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concerning the final-form regulation under subsection (b). On

completion of the agency's review of comments, the agency shall

submit to the commission and the committees a copy of its

response to the comments received, the names and addresses of

commentators who have requested additional information relating

to the final-form regulation and the text of the final-form

regulation which the agency intends to adopt. If an agency does

not submit or withdraws and does not resubmit the final-form

regulation within two years of the close of the public comment

period but still desires to promulgate the final-form

regulation, the agency shall republish the regulation as a

proposed regulation with a new public comment period in

accordance with the Commonwealth Documents Law. If the agency is

prevented from delivering its final-form regulation to the

commission and 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 agency shall deliver its final-form regulation in accordance

with subsection (e).

(b) Agency submission of notice and copy of final-form

regulation.--On the same date that the agency submits the

material required in subsection (a) to the commission and the

committees, the agency shall send a notice of submission and a

copy of the text of the final-form regulation or a copy of all

changes to the proposed regulation which are incorporated into

the final-form regulation to each commentator who requested this

information under subsection (a). The agency shall not be

responsible for notifying each party whose name appears on

petitions or membership lists who did not present individual

comments on the regulation.

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commission.--The agency shall submit final-omitted regulations

to the commission and the committees for review under this

section on the same date that the agency submits the regulations

to the Attorney General for review under section 204(b) of the

Commonwealth Attorneys Act. The requirements of section 4305

(relating to proposed regulations and procedures for review),

except for the requirements for holding a public comment period

and for notifying commentators, are applicable to final-omitted

regulations. If the agency makes revisions under subsection (f),

the agency shall deliver copies of the revisions to the Attorney

General on the same date that the agency delivers the revisions

to the commission and the committees.

(d) Commission timeline for action.--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. If the commission

does not disapprove the final-form for final-omitted regulation

within the time allotted in this subsection, the commission

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

regulation.

(e) Agency deadline for delivery of final-form or final-

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

final-omitted regulation to the commission and the committees

after the adjournment sine die or expiration of the legislative

session in an even-numbered year. The agency may not deliver the

final-form or final-omitted regulation until the fourth Monday

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

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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.

(f) Changes to final-form or final-omitted regulations

prohibited after submission.--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. The following shall apply:

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

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

omitted regulation, under subsection (i) or (j) or the

expiration of the commission's review period prescribed in

subsection (d), whichever occurs first, the agency may,

unless the commission 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.

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

day review period or 10 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 under subsection (i) or (j), 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. 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 disapproved

the regulation or that it intends to review the regulation

under subsection (i), within the respective time periods, the

regulation shall be deemed approved.

(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 under 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).

(g) Acceptance of public comment timeline.--The commission

shall accept public comments only up to 48 hours prior to the

commission's public meeting unless the comments are submitted at

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the request of the commission. The commission shall receive

comments from the agency or members of the General Assembly

until the commission acts on the regulation. The commission

shall transmit comments received during the 48-hour period prior

to the commission's public meeting to the agency and the

committees on receipt. The commission shall accept additional

public comments only after the public meeting has been called to

order.

(h) Timeline for committee action.--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 take action under subsection (i). If the

committees are prevented from completing their 20-day review

because of the adjournment sine die or expiration of the

legislative session in an even-numbered year, the committee's

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 days in which

20190HB1395PN1694 - 22 -

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 committee review period, but the committee review period in

the next succeeding legislative session shall not be less than

10 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 under the

provisions of section 4309(c) (relating to procedures for

disapproval of final-form and final-omitted regulations and

emergency-certified regulations) .

(i) Committee notification of commission and agency of

approval or disapproval of final-form or final-omitted

regulations.--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-

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 under section

4310 (e) (relating to procedures for subsequent review of

disapproved final-form or final-omitted regulations) . If at the

20190HB1395PN1694 - 23 -

expiration of the 14-day period the committee has not taken

action on the regulation under section 4310(e) , the agency may

promulgate the regulation.

(j) Suspension of review.--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 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

10 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

20190HB1395PN1694 - 24 -

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 under the provisions

of section 4309(c).

(k) Commission disapproval of regulation.--If the commission

disapproves a final-form or final-omitted regulation, the

commission, the committees and the agency will proceed in

accordance with section 4309.

(l) Comments to become public record.--The commission shall

note and shall make a part of the public record all comments

that the commission receives relating to a regulation and shall

retain the comments for four years after the promulgation of the

regulation.

(m) Promulgation only on completion of agency review.--

Except for emergency-certified regulations adopted under section

4309(c), an agency may not promulgate a regulation until

completion of the review provided for in this chapter.

§ 4307. Criteria for review of regulations.

(a) Public interest determination.--The commission, in

determining whether a proposed, final-form, final-omitted or

existing regulation is in the public interest, or an agency, in

determining whether an existing regulation is in the public

interest, shall first determine whether the agency has the

statutory authority to promulgate the regulation and whether the

regulation conforms to the intention of the General Assembly in

the enactment of the statute that the regulation is based on. In

making its determination, the commission or agency shall

consider written comments submitted by the committees and

current members of the General Assembly, pertinent opinions of

20190HB1395PN1694 - 25 -

courts of this Commonwealth and formal opinions of the Attorney

General.

(b) Public interest factors.--On a finding that the

regulation is consistent with the statutory authority of the

agency and with the intention of the General Assembly in the

enactment of the statute on which the regulation is based, the

commission shall consider the following in determining whether

the regulation is in the public interest:

(1) Economic or fiscal impacts of the regulation,

including the following:

(i) Direct and indirect costs to the Commonwealth,

to its political subdivisions and to the private sector.

(ii) Adverse effects on prices of goods and

services, productivity or competition.

(iii) The nature of required reports, forms or other

paperwork and the estimated cost of their preparation by

individuals, businesses and organizations in the public

and private sectors.

(iv) The nature and estimated cost of legal,

consulting or accounting services which the public or

private sector may incur.

(v) The impact on the public interest of exempting

or setting lesser standards of compliance for individuals

or small businesses when it is lawful, desirable and

feasible to do so.

(2) The protection of the public health, safety and

welfare and the effect on this Commonwealth's natural

resources.

(3) The clarity, feasibility and reasonableness of the

regulation to be determined by considering the following:

20190HB1395PN1694 - 26 -

(i) Possible conflict with or duplication of

statutes or existing regulations.

(ii) Clarity and lack of ambiguity.

(iii) Need for the regulation.

(iv) Reasonableness of requirements, implementation

procedures and timetables for compliance by the public

and private sectors.

(v) Whether acceptable data is the basis of the

regulation.

(4) Whether the regulation represents a policy decision

of such a substantial nature that it requires legislative

review.

(5) Comments, objections or recommendations of a

committee.

(6) Compliance with the provisions of this chapter or

the regulations of the commission in promulgating the

regulation.

(7) Whether the regulation is supported by acceptable

data.

(8) Whether a less costly or less intrusive alternative

method of achieving the goal of the regulation has been

considered for regulations impacting small business.

§ 4308. Regulatory review and promulgation.

(a) Agency adherence to promulgation and review

principles.--All agencies should adhere to the following

principles:

(1) Regulations should address a compelling public

interest.

(2) Costs of regulations should not outweigh their

benefits.

20190HB1395PN1694 - 27 -

(3) Regulations should be written in clear, concise and,

when possible, nontechnical language.

(4) Regulations should address definable public health,

safety or environmental risks.

(5) Where Federal regulations exist, Pennsylvania's

regulations should not exceed Federal standards unless

required by State law.

(6) Compliance should be the goal of all regulations.

(7) Where viable nonregulatory alternatives exist, they

should be preferred over regulations.

(8) Regulations should be drafted and promulgated with

early and meaningful input from the regulated community.

(9) Regulations should not hamper Pennsylvania's ability

to compete effectively with other states.

(10) All agency heads should be held directly

accountable for regulations promulgated by their respective

agencies.

(b) Evaluation of existing regulations.--The following shall

apply to the evaluation of existing regulations:

(1) Existing regulations shall be reviewed by agencies

for consistency with the principles under subsection (a). A

regulation that is inconsistent with these principles shall

be considered for amendment or repeal.

(2) An agency head shall have the flexibility to

construct a program that reviews the agency's existing

regulations to assure consistency with the principles under

subsection (a). The following shall apply:

(i) A plan and schedule for review of existing

regulations shall be submitted to the Governor's Policy

Office within six months of the effective date of this

20190HB1395PN1694 - 28 -

subsection.

(ii) All review programs shall commence within one

year of the effective date of this subsection.

(3) Regulations proposed for repeal regarding an agency

shall be submitted, along with a repeal analysis form, to the

General Counsel, the Secretary of the Budget, the Governor's

Policy Office, the standing committees with jurisdiction over

the agency and the Independent Fiscal Office. The analysis

shall state all of the following:

(i) The name of the agency.

(ii) The name of a contact person at the agency.

(iii) A short title of the regulation.

(iv) An explanation of the regulation.

(v) A justification for the proposed repeal of the

regulation.

(vi) A proposed schedule for repeal of the

regulation, noting public comment periods.

(vii) Any costs or savings associated with the

repeal of the regulation.

(4) If a statute prohibits the repeal of a regulation

that the agency deems to be inconsistent with the principles

under subsection (a), the agency head shall submit to the

General Counsel, the Governor's Policy Office, the Secretary

of Legislative Affairs and the standing committees with

jurisdiction over the agency the specific citation for the

statute that prohibits the repeal and the citation for a

regulation that is determined to be inconsistent with the

principles, the nature of and reason for the inconsistency

and a recommendation for legislative action, if appropriate.

20190HB1395PN1694 - 29 -

(1) Before drafting a regulation, an agency, where

practical, shall undertake extensive public outreach to those

who are likely to be affected by the regulation. Creating

advisory committees, using regulatory negotiation and

developing other creative procedures shall be encouraged as

means to solicit the public's input during the regulatory

development process.

(2) Persons to be affected by the regulation shall

continue to be consulted during the drafting process. When

appropriate, members of the regulated community shall be

involved with the formulation of language, the development of

standards and other areas in which the regulated community

has an interest or can provide insight.

(3) During the regulation development and drafting

process, an agency shall advise and consult with the

Governor's Policy Office, the Office of General Counsel, the

Budget Office and the standing committees with jurisdiction

over the agency whenever the agency determines that

involvement would hasten the review process.

(4) Each agency shall develop its own policies regarding

public involvement tailored best to meet the needs of the

agency and the regulated community.

(5) Within six months of the effective date of this

section, an agency shall submit to the Governor's Policy

Office the agency's internal guidelines for drafting public

outreach.

(d) Gubernatorial review.--The following shall apply to the

review by the Governor's Office:

(1) Prior to submitting a proposed rulemaking, an agency

head shall evaluate each regulation and attest to the fact

20190HB1395PN1694 - 30 -

that the regulation addresses a compelling public need that

can be best remedied by the promulgation of the regulation.

(2) An agency head shall submit a written regulatory

analysis to the General Counsel, the Secretary of the Budget,

the Governor's Policy Office and the standing committees with

jurisdiction over the agency. The analysis shall state all of

the following:

(i) The name of the agency.

(ii) The name of a contact person at the agency.

(iii) A short title for the regulation and a

citation from the Pennsylvania Code.

(iv) Whether the regulation is a proposed, final-

form or final-omitted rulemaking.

(v) A brief, clear and, if possible, nontechnical

explanation of the regulation.

(vi) The statutory authority or mandate for the

regulation.

(vii) The compelling public need that justifies the

regulation.

(viii) The public health, safety or environmental

risks associated with nonregulation.

(ix) Individuals, groups or entities that are likely

to benefit from the regulation.

(x) Individuals, groups or entities that will be

required to comply with the regulation.

(xi) The outreach conducted by the agency with the

regulated community prior to submission of the

regulation.

(xii) An estimate of the costs or savings associated

with compliance and implementation.

20190HB1395PN1694 - 31 -

(xiii) A cost-benefit analysis of the regulation.

(xiv) Nonregulatory alternatives considered and the

reasons for their dismissal.

(xv) Alternative regulatory schemes considered and

the reasons for their dismissal.

(xvi) A statement of the compelling Pennsylvania

interest if the regulation exceeds Federal standards.

(xvii) Any requirements that would place

Pennsylvania at a competitive disadvantage compared to

other states.

(xviii) An intra-agency review schedule for the

regulation.

(3) Each regulation submitted for review shall contain a

brief preamble, written in clear and concise language, which

shall describe in nontechnical terms the following:

(i) The compelling public need that the regulation

is designed to address.

(ii) The legal and practical requirements of the

regulation.

(4) The following shall apply:

(i) The regulatory analysis, along with the preamble

and draft regulation, shall be reviewed by the Office of

General Counsel for form, language and legal authority.

The Office of General Counsel shall also consider whether

the proposed regulation exceeds Federal standards.

(ii) The Governor's Policy Office shall review the

request to determine that public interest is compelling,

that no viable alternative to the regulation exists and

that the costs of the regulation reasonably relate to the

benefits.

20190HB1395PN1694 - 32 -

(iii) The Governor's Budget Office shall evaluate

the cost analysis prepared by the agency and prepare a

fiscal note for the regulation.

(5) An agency may not proceed with a proposed, final-

form or final-omitted regulation until the General Counsel,

the Secretary of the Budget and the Governor's Policy Office

have informed the agency that the regulation is consistent

with the regulatory principles and overall policies of the

Governor's Office. Review by the General Counsel, the

Secretary of the Budget and the Governor's Policy Office

shall be conducted in a fair and timely manner.

(e) Nonregulatory document guidelines.--The following shall

apply to nonregulatory documents:

(1) Nonregulatory public documents such as internal

guidelines, policy statements, guidance manuals, decisions,

rules and other written materials that provide directives,

guidance or other relevant compliance-related information to

the public shall be cataloged by each agency.

(2) The cataloged titles of the documents under

paragraph (1), along with an agency contact and phone number,

shall be transmitted to the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin within six months of

the effective date of this subsection. Each year thereafter,

each agency shall update its list and transmit notice to the

Legislative Reference Bureau for publication in the

Pennsylvania Bulletin on the first Saturday in August.

(f) Regulatory petition process and agency procedures.--To

further the goal of greater public participation in the

regulatory process, individuals, groups and businesses shall be

encouraged to use the regulatory petition process outlined in 1

20190HB1395PN1694 - 33 -

Pa. Code § 35.18 (relating to petitions for issuance, amendment,

waiver or deletion of regulations). An agency that has not

already done so shall develop internal procedures to receive and

review petitions in a fair and timely manner.

(g) Regulatory review schedule.--Each regulation shall be

reviewed in accordance with the review schedule published

annually by each agency. As part of its review, the agency shall

determine whether the regulation continues to effectively

fulfill the goals for which it was intended and remains

consistent with the principles under subsection (a)(6).

(h) Regulatory agendas.--The following shall apply to

regulatory agendas:

(1) Semiannually, on February 1 and July 1, each agency

head shall submit to the General Counsel, the Secretary of

the Budget, the Governor's Policy Office, the General

Assembly and the Independent Fiscal Office a regulatory

agenda under development or consideration and transmit the

agenda to the Legislative Reference Bureau for publication in

the Pennsylvania Bulletin.

(2) The regulatory agenda under paragraph (1) shall

describe the following:

(i) Each regulation being considered.

(ii) The proposed date for promulgation.

(iii) The need and legal basis for the action being

taken.

(iv) The status of regulations previously listed on

the agenda.

(3) Each item on the regulatory agenda under paragraph

(1) shall also include a contact person within the agency

from whom additional information may be obtained.

20190HB1395PN1694 - 34 -

(i) Nonapplicability of section.--The procedure prescribed

under this section shall not apply to:

(1) An emergency-certified regulation as provided under

this chapter.

(2) A regulation for which consideration or

reconsideration under this section would conflict with a

deadline imposed by statute, consent decree or judicial order

if the regulation is reported to the Governor's Policy Office

together with a brief explanation of the conflict. The agency

shall transmit notice to the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin a statement of the

reasons that it is impracticable for the agency to follow the

procedures of this section regarding the regulation. The

agency, in consultation with the Governor's Policy Office,

shall adhere to the requirements of this section to the

extent permitted by statutory or judicial deadlines.

(j) No cause of action.--This section is intended only to

improve the internal management of agencies and is not intended

to create a right or benefit, substantive or procedural,

enforceable at law by a party against the Commonwealth, its

agencies, its officers or a person.

§ 4309. Procedures for disapproval of final-form and final-

omitted regulations and emergency-certified

regulations.

(a) Delivery of commission disapproval.--If the commission

disapproves a final-form or final-omitted regulation, the

commission shall transmit its disapproval order to the

Legislative Reference Bureau for publication in the Pennsylvania

Bulletin, the committees and the agency. The commission shall

notify commentators who have requested additional information

20190HB1395PN1694 - 35 -

under section 4306(a) (relating to final-form and final-omitted

regulations and procedures for review) of the commission's vote

to disapprove. The disapproval order 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 under section 4310(a) (relating to procedures

for subsequent review of disapproved final-form or final-omitted

regulations).

(b) Agency bar from promulgation.--The commission's order

disapproving a final-form or final-omitted regulation shall bar

the agency from promulgating that regulation pending subsequent

review under section 4310.

commission 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 under the decree of any court or to

implement the provisions of a statute of the United States or

regulations issued by 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 under the procedures provided for in

this chapter. If the final-form or final-omitted regulation is

20190HB1395PN1694 - 36 -

disapproved under those procedures, that regulation shall be

rescinded after 120 days or upon final disapproval, whichever

occurs later.

§ 4310. Procedures for subsequent review of disapproved final-

form or final-omitted regulations.

(a) Agency procession with disapproved regulation.--An

agency may select one of the following options for proceeding

with a regulation that has been disapproved by the commission:

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

omitted regulation under subsection (b).

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

omitted regulation under subsection (c).

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

regulation.

(b) Agency adoption of regulation without revision.--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

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 the committees

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

agency may not deliver the report to the committees and the

20190HB1395PN1694 - 37 -

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.

response to commission objections.--If the agency decides to

revise or modify the final-form or final-omitted regulation in

order to respond to objections raised by the commission 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 disapproval order. The agency's report shall

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

findings of the commission 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

20190HB1395PN1694 - 38 -

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.

(d) Agency report.--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 to the committees for consideration by the

General Assembly under this subsection. If the commission is

prevented from delivering its order 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

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.

(e) Concurrent resolution.--On receipt of the commission's

order under subsection (d) 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 under subsection (d),

20190HB1395PN1694 - 39 -

one or both of the committees may, within 14 calendar days,

report to the Senate or the House of Representatives 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-calendar-

day period, the Senate and the House of Representatives shall

each have 30 calendar days or 10 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 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 10 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 10 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

20190HB1395PN1694 - 40 -

in accordance with this section shall be transmitted to the

Legislative Reference Bureau for publication 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 disapproving the final-form or final-omitted

regulation to indicate the intent of the General Assembly but

permit the agency to promulgate that regulation.

§ 4311. Classification of documents.

If the commission or a committee finds that a published or

unpublished document should be promulgated as a regulation, the

commission or committee 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.

§ 4312. Changes in final-form and final-omitted regulations.

(a) General rule.--Except as provided in subsection (b), an

agency may not make changes to a final-form or final-omitted

20190HB1395PN1694 - 41 -

regulation after that regulation has been approved or has been

deemed approved by the committees or the commission under this

chapter.

(b) Exception.--Subsection (a) shall not apply to changes

made at the direction of the Office of Attorney General under

its review under section 204(b) of the Commonwealth Attorneys

Act.

§ 4313. Existing regulations.

The commission, on its motion or at the request of any person

or member of the General Assembly, may review an existing

regulation that has been in effect for at least three years. If

a committee of the Senate or the House of Representatives

requests a review of an existing regulation, the commission

shall perform the review and shall assign it high priority. The

commission may submit recommendations to an agency recommending

changes in existing regulations if the commission finds the

existing regulations to be contrary to the public interest under

the criteria established in section 4307 (relating to criteria

for review of regulations). The commission may also make

recommendations to the General Assembly and the Governor for

statutory changes if the commission finds that an existing

regulation may be contrary to the public interest.

§ 4314. Commission staff.

(a) Commission employees and salaries.--The commission shall

appoint and fix the compensation of a full-time executive

director, who shall be responsible for the general supervision

of all the affairs of the commission and for performing any

administrative function or duty that the commission may delegate

to the executive director. The commission shall appoint and fix

the compensation of other employees as the commission may find

20190HB1395PN1694 - 42 -

necessary for the proper operation of the commission.

(b) Commission chief counsel.--The commission shall appoint

and fix the compensation of a full-time chief counsel, who shall

not be subject to the supervision of the Attorney General or the

General Counsel. The chief counsel shall supervise, coordinate

and administer the legal services provided to the commission.

§ 4315. Subpoena power.

The commission has the authority to issue subpoenas for the

purpose of requiring the attendance of persons and the

production of documents relating to any function that the

commission or its staff is authorized to perform under this

chapter. The chairperson or the executive director may sign a

subpoena. The subpoena may be served in any manner authorized

under the laws of this Commonwealth. The commission is

authorized to apply to Commonwealth Court to enforce the

commission's subpoenas.

§ 4316. Regulations, annual reports, hearings and advisory

group meetings.

(a) Promulgation of regulations and review by Joint

Committee on Documents.--The commission, in the performance of

its functions under this chapter, has the power to promulgate

and enforce regulations necessary to carry out the purposes of

this chapter. Regulations must be promulgated in accordance with

the procedures established in the Commonwealth Documents Law.

The regulations shall provide for the commission's notification

of filings of final-form and final-omitted regulations to

parties likely to be affected by the final-form and final-

omitted regulations through publication of a notice in the

Pennsylvania Bulletin. Prior to the regulations taking effect,

the requirements of this chapter must be satisfied. For the

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purposes of reviewing the regulations of the commission and

otherwise satisfying the requirements of this chapter, the Joint

Committee on Documents shall exercise the rights and perform the

functions of the commission, and the commission shall exercise

the rights and perform the functions of an agency under this

chapter.

(b) Annual report of commission.--On or before April 1, the

commission shall file an annual report of its activities for the

prior calendar year with the Governor and the General Assembly.

commission may hold public hearings on any matter before the

commission and may meet with advisory groups regarding matters

before the commission.

§ 4317. Clearinghouse.

The commission shall act as a clearinghouse for complaints,

comments and other input from members of the General Assembly

and from the public regarding existing, proposed, final-form and

final-omitted regulations. The commission shall maintain

accurate records regarding complaints and comments the

commission receives and shall maintain such records by

departmental and subject matter categories for four years after

the date of receipt by the commission. The commission shall

include within the annual report filed under section 4316

(relating to regulations, annual reports, hearings and advisory

group meetings) a summary of public complaint and comment along

with any recommendations the commission may offer for statutory

change.

§ 4318. Gubernatorial review.

The Governor may institute procedures for the review and

approval of regulations promulgated by executive agencies prior

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to the regulations submittal for review under this chapter,

including, but not limited to, the establishment of a task force

or committee, by executive order. The Governor may also

establish procedures for the effective coordination of the

review of regulations under the Commonwealth Attorneys Act and

sections 612 and 2203-A of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929.

Section 3. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 71

Pa.C.S. Ch. 43.

(2) The act of June 25, 1982 (P.L.633, No.181), known as

the Regulatory Review Act, is repealed.

Section 4. The addition of 71 Pa.C.S. Ch. 43 is a

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

known as the Regulatory Review Act. The following apply:

(1) Except as otherwise provided in 71 Pa.C.S. Ch. 43,

all activities initiated under the Regulatory Review Act

shall continue and remain in full force and effect and may be

completed under 71 Pa.C.S. Ch. 43. Orders, regulations, rules

and decisions which were made under the Regulatory Review Act

and which are in effect on the effective date of section 5 of

this act shall remain in full force and effect until revoked,

vacated or modified under 71 Pa.C.S. Ch. 43. Contracts,

obligations and collective bargaining agreements entered into

under the Regulatory Review Act are not affected nor impaired

by the repeal of the Regulatory Review Act.

(2) Except as set forth in paragraph (3), any difference

in language between 71 Pa.C.S. Ch. 43 and the Regulatory

Review Act is intended only to conform to the style of the

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Pennsylvania Consolidated Statutes and is not intended to

change or affect the legislative intent, judicial

construction or administration and implementation of the

Regulatory Review Act.

(3) Paragraph (2) does not apply to the addition of the

following:

(i) 71 Pa.C.S. Ch. 42.

(ii) 71 Pa.C.S. § 4307(a).

(iii) 71 Pa.C.S. § 4308.

Section 5. This act shall take effect as follows:

(1) The following provisions shall take effect

immediately:

(i) This section.

(ii) The amendment of 71 Pa.C.S. Pt. V heading.

(iii) The addition of 71 Pa.C.S. Chs. 42 and 43.

(iv) Section 4.

(2) The remainder of this act shall take effect in 60

days.

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