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PRINTER'S NO. 3295
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2285
Session of
2020
INTRODUCED BY MIHALEK, MILLARD, RYAN, PICKETT, HERSHEY, MOUL AND
REESE, FEBRUARY 18, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 18, 2020
AN ACT
Amending the act of June 25, 1982 (P.L.633, No.181), entitled
"An act providing for independent oversight and review of
regulations, creating an Independent Regulatory Review
Commission, providing for its powers and duties and making
repeals," further providing for final regulations and
procedures for postpromulgation review.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 25, 1982 (P.L.633, No.181), known
as the Regulatory Review Act, is amended by adding a section to
read:
Section 7.2 Postpromulgation review.
(a) Within 180 days of the effective date of a final-form
regulation and in direct consultation with individuals,
businesses, organizations and other persons in the public and
private sectors that are affected by the regulation, an agency
shall do the following:
(1) Commence an evaluation of actual or potential gains
or losses in employment attributable to the implementation
and enforcement of the final-form regulation.
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(2) Commence a review of the actual costs of compliance
with the final-form regulation by the public and private
sectors. The review shall include a solicitation by the
agency of compliance cost data from affected individuals,
businesses, organizations and other persons in the public and
private sectors.
(3) Identify specific outreach, education, training
opportunities and other measures undertaken by the agency to
assist the public and private sectors in their compliance
obligations with the final-form regulation.
(4) Education of the agency's employees to ensure
accurate and consistent implementation of the final-form
regulation.
(b) Within two years of the effective date of a final-form
regulation, an agency shall compile a report outlining its
findings with respect to subsection (a) and submit the report to
the agency's designated standing committees of the Senate and
House of Representatives.
(c) If the actual costs of compliance with the final-form
regulation identified under subsection (a)(2) exceed by 33% or
more the estimated direct and indirect costs of compliance
identified in the applicable regulatory analysis form under
section 5(a)(4), the agency shall immediately commence efforts
to adopt a final-omitted regulation that reduces regulatory
burdens and compliance costs in an amount projected to equal or
exceed the amount of excessive costs of compliance calculated by
the agency. A final-omitted regulation initiated under this
subsection shall be promulgated no later than 180 days after
delivery of the report required under subsection (b).
(d) The provisions of this section shall apply to final-form
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regulations with estimated direct and indirect costs of
compliance of $1,000,000 or more, as identified in the
applicable regulatory analysis form under section 5(a)(4).
Section 2. This act shall apply to final-form regulations
that take effect after the effective date of this section.
Section 3. This act shall take effect in 60 days.
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