See other bills
under the
same topic
PRINTER'S NO. 526
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
520
Session of
2021
INTRODUCED BY DiSANTO, ARGALL, PHILLIPS-HILL, MARTIN,
LANGERHOLC, BARTOLOTTA, STEFANO AND AUMENT, APRIL 8, 2021
REFERRED TO INTERGOVERNMENTAL OPERATIONS, APRIL 8, 2021
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; and providing for concurrent resolution required for
economically significant regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "regulation" in section 3 of
the act of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act, is amended and the section 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:
* * *
"Economically significant regulation." A regulation that, if
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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.
* * *
"General permit." A permit issued by the Department of
Environmental Protection in accordance with the provisions of
the Federal Water Pollution Control Act (62 Stat. 1155, 33
U.S.C. ยง 1251 et. seq.) , sections 1905-A, 1917-A and 1920-A of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, the act of June 22, 1937 (P.L.1987,
No.394), known as The Clean Streams Law, the act of July 7, 1980
(P.L.380, No.97), known as the Solid Waste Management Act, and
the act of July 28, 1988 (P.L.556, No.101), known as the
Municipal Waste Planning, Recycling and Waste Reduction Act.
* * *
"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 such
agency. The term shall also include actions of the 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. The term includes revision to a general permit.
* * *
20210SB0520PN0526 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 2. Sections 5(a)(4) and 5.1(l) of the act are
amended 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:
* * *
(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 verified by the Independent
Fiscal Office prior to the agency submitting them to the
commission.
* * *
Section 5.1. Final-form regulations and final-omitted
regulations; procedures for review.
* * *
(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
20210SB0520PN0526 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
7.2.
Section 3. 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 regulation the commission disapproved as
specified in section 7(b) or (c), the agency shall submit a copy
of the order and, if applicable, the agency response to the
commission and to the Senate and the House of Representatives
and shall request a concurrent resolution approving the order or
regulation. 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 agency requested the
concurrent resolution to adopt 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 such
regulation shall not take effect.
(b) This section shall not apply to emergency-certified
regulations adopted under section 6(d).
Section 4. This act shall apply to any regulation prepared
in final form on or after the effective date of this section.
Section 5. This act shall take effect in 60 days.
20210SB0520PN0526 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25