PRINTER'S NO. 899
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
806
Session of
2019
INTRODUCED BY KEEFER, GREINER, GROVE, RYAN, ROTHMAN, MILLARD,
BERNSTINE, B. MILLER, BARRAR, DIAMOND, TOPPER, MACKENZIE,
IRVIN, METCALFE, PICKETT, DUSH, STAATS, JONES, SAYLOR,
HERSHEY, WARNER, ECKER, GLEIM, KLUNK, NELSON, SCHEMEL, MOUL,
GILLEN AND ZIMMERMAN, MARCH 13, 2019
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 13, 2019
AN ACT
Amending the act of June 25, 1982 (P.L.633, No.181), entitled
"An act providing for independent oversight and review of
regulations, creating an Independent Regulatory Review
Commission, providing for its powers and duties and making
repeals," further providing for definitions, for proposed
regulations and procedures for review and for final-form
regulations and final-omitted regulations and procedures for
review; providing for regulations deemed withdrawn; further
providing for procedures for subsequent review of disapproved
final-form or final-omitted regulations by the commission;
and providing for concurrent resolution required for
economically significant 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, is amended by
adding definitions 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:
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* * *
"Economically significant regulation." A regulation that, if
promulgated and implemented, may reasonably be expected to
result in direct or indirect cost to the Commonwealth, to its
political subdivisions and to the private sector in excess of
$1,000,000 on an annual basis.
* * *
"Legislative day." A day when both houses of the General
Assembly are in voting session.
* * *
Section 2. Section 5(a)(1.1) and (4) of the act are amended
and the section is amended by adding subsections to read:
Section 5. Proposed regulations; procedures for review.
(a) 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:
* * *
(1.1) 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. In the case of a citation of State statutory
authority, the citation must be to a provision of the statute
that explicitly states that the agency may promulgate
regulations for the specific purpose cited in the statement
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of need for the regulation under paragraph (3).
* * *
(4) 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 pursuant to section 612 of the act of April 9,
1929 (P.L.177, No.175), known as "The Administrative Code of
1929."] The estimates shall be prepared by the Independent
Fiscal Office and submitted to the agency for inclusion in
the regulatory analysis form and shall include an estimate of
the annual costs to be used to determine whether the
regulation is an economically significant regulation.
* * *
(d.1) The committees shall, during the public comment
period, conduct a public hearing to receive comments regarding a
proposed economically significant regulation. The agency shall
appear at the hearing if requested to do so by the chair of the
committee.
* * *
(i) All forms required for implementation of a regulation
must be included with the regulatory analysis form when
submitted to the Legislative Reference Bureau, the committees
and the commission under subsection (a).
(j) The commission shall transmit comments regarding the
cost estimates required under subsection (a)(4) to the
Independent Fiscal Office for review.
Section 3. Section 5.1(e), (j.2), (j.3) and (l) of the act
are amended to read:
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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. Notwithstanding
subsections (j.1) and (j.2), at any time prior to 24 hours
before the commission's meeting to consider a regulation, a
committee may notify the commission and the agency that the
committee disapproves or intends to further review the final-
form regulation. If notified by a committee that the committee
disapproves of a regulation, the commission may not approve or
disapprove the regulation for a period of 30 days or nine
legislative days, whichever is longer. If notified by a
committee that the committee intends to further review a final-
form regulation, the commission may not approve or disapprove
the regulation for a period of 14 days or six legislative days,
whichever is longer. The commission shall notify the agency and
the committees of its approval or disapproval. If the commission
does not disapprove the final-form or 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.
* * *
(j.2) (1) 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
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regulation.
(2) 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 or six legislative days, whichever is longer,
after the committee has received the commission's approval
order.
(3) During [this 14-day period] the period established
under paragraph (2), the committee may take action on the
regulation pursuant to section 7(d). If at the expiration of
the [14-day] period established under paragraph (2) 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 during the period established under subsection
(j.2)(2) 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
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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 established under
subsection (j.2)(2), 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).
* * *
(l) Except for emergency-certified regulations adopted under
section 6(d), an agency may not promulgate a regulation until
completion of the review provided for in this act[.] and, if the
regulation is an economically significant regulation, the
General Assembly adopts a concurrent resolution under section
7.2.
Section 4. The act is amended by adding a section to read:
Section 5.3. Regulations deemed withdrawn.
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A regulation shall be deemed withdrawn if there is no
provision of a State statute which explicitly states that the
agency may promulgate regulations for the specific purpose cited
in the statement of need for the regulation under section 5(a)
(3) and the regulatory analysis form submitted for the
regulation does not comply with the requirements of section 5(a)
(1.1).
Section 5. Section 7(d) of the act is amended to read:
Section 7. Procedures for subsequent review of disapproved
final-form or final-omitted regulations.
* * *
(d) Upon receipt of the commission's order 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] the
following apply:
(1) One or both of the committees may, within 14 calendar
days or six legislative days, whichever is longer, report to the
House of Representatives or Senate a concurrent resolution and
notify the agency. During the [14-calendar-day] period specified
in this paragraph, the agency may not promulgate the final-form
or final-omitted regulation. If, by the expiration of the [14-
calendar-day] period specified in this paragraph, 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.
(2) If either committee reports a concurrent resolution
before the expiration of the [14-day] period specified in
paragraph (1), the [Senate and the House of Representatives]
chamber to which the concurrent resolution is reported shall
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[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[.] and
transmit it to the other chamber. The other chamber shall have
30 calendar days or ten legislative days, whichever is longer,
from the date on which the concurrent resolution has been
transmitted, to adopt the concurrent resolution.
(3) If the General Assembly adopts the concurrent resolution
by majority vote in both the Senate and the House of
Representatives within 60 calendar days or 20 legislative days,
whichever is longer, from the date on which a concurrent
resolution has been reported out by a committee, the concurrent
resolution shall be presented to the Governor in accordance with
section 9 of Article III of the Constitution of Pennsylvania.
(4) 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.
(5) 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] paragraph, it shall be deemed to
have approved the final-form or final-omitted regulation.
(6) Notice as to any final disposition of a concurrent
resolution considered in accordance with this [section]
subsection shall be published in the Pennsylvania Bulletin.
(7) The bar on promulgation of the final-form or final-
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omitted regulation shall continue until that regulation has been
approved or deemed approved in accordance with this subsection.
(8) 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.
(9) 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.
(10) 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.
Section 6. The act is amended by adding a section to read:
Section 7.2. Concurrent resolution required for economically
significant regulations.
(a) If the commission issues an order to approve a final-
form regulation or final-omitted regulation that is an
economically significant regulation or if the agency decides to
proceed with a final-form regulation or final-omitted regulation
that is an economically significant regulation for which the
commission issued a disapproval order , the agency shall submit a
copy of the order and, if applicable, the agency response to the
Senate and the House of Representatives and shall request a
concurrent resolution approving the regulation. The concurrent
resolution shall be referred to the applicable standing
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committee of the Senate and the applicable standing committee of
the House of Representatives. A concurrent resolution that is
reported from the standing committee of the Senate shall be
placed on the Senate calendar. A concurrent resolution that is
reported from the standing committee of the House of
Representatives shall be placed on the House calendar. 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 agency requested the concurrent resolution
to consider the concurrent resolution . If the General Assembly
does not adopt the concurrent resolution in the time prescribed
in this subsection, the final-form regulation or final-omitted
regulation shall be deemed not approved and the regulation shall
not take effect.
(b) This section shall not apply to emergency-certified
regulations adopted under section 6(d).
Section 7. This act shall apply to any regulation prepared
in final form on or after the effective date of this section.
Section 8. This act shall take effect in 60 days.
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