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PRIOR PRINTER'S NO. 1202
PRINTER'S NO. 3533
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
995
Session of
2019
INTRODUCED BY LEWIS, KENYATTA, GROVE, ROTHMAN, RYAN, STRUZZI,
BERNSTINE, OTTEN, McNEILL, KEEFER, McCLINTON, HILL-EVANS,
NEILSON, HERSHEY, FITZGERALD, CEPHAS, MULLINS, O'MARA,
MERSKI, HOHENSTEIN, BURGOS, ECKER, TOBASH, ULLMAN, WHEELAND,
GABLER AND ROWE, APRIL 5, 2019
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 6, 2020
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, providing for regulatory review and
for regulatory reduction pilot program; and making an
editorial change.
This act shall be referred to as the Fighting Chance Act.
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 44
REGULATORY REVIEW
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Sec.
4401. Legislative intent.
4402. Definitions.
4403. Establishment.
4404. Reporting by pilot agencies.
4405. Reporting.
4406. Report required.
4407. Regulatory catalogs of executive agencies.
4408. Agency tracking of regulations.
§ 4401. Legislative intent.
It is the intent of the General Assembly through this
legislation to reduce barriers for small business owners,
workers and returning residents of this Commonwealth who want to
enter the workforce in an occupation requiring a license.
§ 4402. 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:
"Office." The Governor's Office of the Budget.
"Pilot agencies." The following entities:
(1) The Bureau of Professional and Occupational Affairs
in the Department of State of the Commonwealth.
(2) The Pennsylvania Board of Probation and Parole.
"Program." The regulatory reduction pilot program under
section 4403 (relating to establishment).
"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
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regulation, or prescribing the practice or procedure before the
agency. The term shall also include actions of the Pennsylvania
Liquor Control Board that have an effect on the discount rate
for retail licensees.
"Regulatory requirement." An action required to be taken or
information required to be provided in accordance with a statute
or regulation in order to access government services or operate
and conduct business by a regulated entity.
"Secretary." The Secretary of the Budget.
§ 4403. Establishment.
(a) Direction and duration of program.--The office shall be
under the direction of the secretary, who shall administer a
three-year regulatory reduction pilot program beginning July 1,
2020, and ending July 1, 2023, for pilot agencies.
(b) Program focus and reduction goal .--The program shall
focus on regulations promulgated and administered by pilot
agencies. The stated goal of the program shall be to reduce
UNNECESSARY regulatory requirements, compliance costs and
regulatory burden across pilot agencies by 25% by July 1, 2023.
(c) Baseline regulatory catalog.--The secretary shall ensure
pilot agencies develop a baseline regulatory catalog by October
1, 2020, that identifies:
(1) The total number and type of regulations and
regulatory requirements currently promulgated or administered
by the pilot agencies.
(2) Any specific Federal or State mandates or statutory
authority that requires the regulations and associated
requirements.
(d) Catalog data report to office.--The catalog data shall
be reported to the office in a manner specified by the office
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and transferred to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin .
(e) Reduction goal .-- The 25% A reduction goal under
subsection (b) shall be based on the total number of regulations
and regulatory requirements as provided by the baseline
regulatory catalog. Progress towards the stated goal A REDUCTION
UNDER SUBSECTION (B) shall be measured by the number of
regulations and regulatory requirements that are either
eliminated or streamlined through regulatory or other action.
§ 4404. Reporting by pilot agencies.
(a) Initial report.--The pilot agencies shall report all
regulations and regulatory requirements initially identified for
elimination, amendment or streamlining to the office, the
Governor and the General Assembly by July 1, 2021, including:
(1) Any regulation proposed for elimination or
modification that requires a change in State law.
(2) Initiation of any reforms, through a rulemaking or
nonregulatory action, that produce a reduction of the
equivalent of 7.5% of the regulations and regulatory
requirements contained in the pilot agencies baseline
regulatory catalog.
(b) Follow-up report.--The pilot agencies shall report all
regulations and regulatory requirements initially identified for
elimination, amendment or streamlining to the office by July 1,
2022, including:
(1) Any regulation proposed for elimination or
modification that requires a change in State law.
(2) Initiation of any reforms, through a rulemaking or
nonregulatory action, that produce a reduction of the
equivalent of 15% of the regulations and regulatory
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requirements contained in the pilot agencies baseline
regulatory catalog.
(c) Final report.--The pilot agencies shall report all
regulations and regulatory requirements initially identified for
elimination, amendment or streamlining to the office by July 1,
2023, including:
(1) Any regulation proposed for elimination or
modification that requires a change in State law.
(2) Initiation of any reforms, through a rulemaking or
nonregulatory action, that produce a reduction of the
equivalent of 25% of the regulations and regulatory
requirements contained in the pilot agencies baseline
regulatory catalog.
(d) Failure to meet reduction goal .--If a pilot agency is
unable to reach any of the reduction goals PRODUCE A REDUCTION
OF THE REGULATIONS AND REGULATORY REQUIREMENTS under subsection
(a), (b) or (c), the pilot agency shall provide a separate
report to the Governor, the General Assembly and the s ecretary
stating the reasons for not meeting the goal PRODUCING A
REDUCTION .
§ 4405. Reporting.
(a) Annual report.--The secretary shall SUBMIT A report
annually to the President pro tempore of the Senate and the
Speaker of the House of Representatives no later than October 1,
2021, and October 1, 2022, on the progress of the regulatory
reduction pilot program established under this section. THE
REPORT SHALL INCLUDE RECOMMENDATIONS ON THE ELIMINATION OR
MODIFICATION OF REGULATIONS.
(b) Failure to meet reduction percentage .--If, by July 1,
2022, the regulatory reduction pilot program has NOT achieved
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less than a 15% total A reduction in regulatory requirements
across both pilot agencies, either by initiating rulemaking
actions or other streamlining actions, the secretary shall
include the reasons for not meeting the target ACHIEVING A
reduction in the next available annual report to the President
pro tempore of the Senate and the Speaker of the House of
Representatives.
(c) Secretary report.--The secretary shall report by August
15, 2023, to the President pro tempore of the Senate and the
Speaker of the House of Representatives the following
information:
(1) The progress towards identifying the 25% ACHIEVING A
reduction goal IN REGULATIONS AND REGULATORY REQUIREMENTS .
(2) Recommendations for expanding the program to other
agencies.
(3) Any additional information the secretary determines
may be helpful to support the General Assembly's regulatory
reduction and reform efforts.
§ 4406. Report required.
(a) Report on failure to achieve program goal REDUCTION .--
If, by October 1, 2023, the program has NOT achieved less than
the 25% total A reduction in regulations and regulatory
requirements across the pilot agencies under section 4403(b)
(relating to establishment), either by initiating rulemaking
actions or other streamlining actions, the secretary shall
direct pilot agencies to report on the factors leading to why
the pilot agency could not meet the 25% ACHIEVE A reduction goal
in regulations and regulatory requirements across the pilot
agencies under section 4403(b) and provide recommendations for
policy and legislative changes required in order for the pilot
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agency to achieve the intent of section 4401 (relating to
legislative intent) and goal under section 4403(b). No report
shall be required under this subsection if the program has
achieved a 25% or greater reduction in regulations or regulatory
requirements across the pilot agencies .
(b) Permitted budgetary review of pilot agencies.--The
President pro tempore of the Senate and the Speaker of the House
of Representatives may also direct the Legislative Budget and
Finance Committee to initiate a budgetary review of pilot
agencies. The review shall assess what obstacles exist to
meeting the 25% ACHIEVING A reduction goal under section
4403(b).
(c) Legislative Budget and Finance Committee review.--The
President pro tempore of the Senate and the Speaker of the House
of Representatives shall direct the Legislative Budget and
Finance Committee to review the regulatory reduction efforts of
pilot agencies as part of the pilot program and report to the
General Assembly any findings and recommendations regarding:
(1) Whether the A reduction goals IN REGULATIONS AND
REGULATORY REQUIREMENTS are reasonable and achievable.
(2) Policies, practices and methods that may be adopted
by agencies to successfully achieve the A reduction goals IN
REGULATIONS AND REGULATORY REQUIREMENTS .
§ 4407. Regulatory catalogs of executive agencies.
By July 1, 2022, all executive branch agencies, boards and
commissions under the policy jurisdiction of the Governor shall
develop a baseline regulatory catalog and report their catalog
data to the office, including:
(1) Any specific Federal or State mandates.
(2) The statutory authority that requires the
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regulations and associated regulatory requirements.
§ 4408. Agency tracking of regulations.
(a) Tracking and reporting agency compliance.--The office
shall track and report on the extent to which agencies comply
with existing requirements to periodically review all
regulations every four years and report the office's findings to
the Governor, the General Assembly and the Independent Fiscal
Office.
(b) Agency schedule of review.--Agencies shall provide to
the office a schedule listing each regulation that shall be
reviewed in each of the four years, to be transmitted to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin.
Section 3. This act shall take effect in 60 days.
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