PRINTER'S NO. 992
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
809
Session of
2021
INTRODUCED BY DUSH, ARGALL, SCAVELLO, STEFANO AND PITTMAN,
JULY 7, 2021
REFERRED TO INTERGOVERNMENTAL OPERATIONS, JULY 7, 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 procedures for subsequent
review of disapproved final-form or final-omitted
regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7(d) 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 a subsection 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 or both
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
of the committees may, within 14 calendar days, report to the
House of Representatives or Senate 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-day period, 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 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 ten 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 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, 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
20210SB0809PN0992 - 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
in accordance with this section shall be published 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. An agency shall be prohibited from
reissuing the same regulation in the future, or promulgating a
regulation that is substantially similar, unless the new or
revised regulation is specifically authorized by a law enacted
after the date the concurrent resolution is approved or deemed
to be approved by the Governor or after the date when the
General Assembly overrides the Governor's veto of the concurrent
resolution. 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.
(e) A committee may report a concurrent resolution to
initiate the repeal of any regulation currently in effect ,
provided that the committee conducts a public hearing on the
matter prior to reporting the concurrent resolution . If the
General Assembly adopts the concurrent resolution by majority
20210SB0809PN0992 - 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
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 ten 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 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, the
regulation shall remain in effect. An agency shall be prohibited
from reissuing the same regulation in the future, or
promulgating a regulation that is substantially similar, unless
the new or revised regulation is specifically authorized by a
law enacted after the date the concurrent resolution is approved
or deemed to be approved by the Governor or after the date when
the General Assembly overrides the Governor's veto of the
concurrent resolution.
Section 2. This act shall take effect in 60 days.
20210SB0809PN0992 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22