act-2002-0-148•Pennsylvania Act 2002-148 — REGULATORY REVIEW ACT - OMNIBUS AMENDMENTS
Pennsylvania Act 2002-148 — REGULATORY REVIEW ACT - OMNIBUS AMENDMENTS
act-2002-0-1482002 Pa. Act 148Law
Act text
REGULATORY REVIEW ACT - OMNIBUS AMENDMENTS
Act of Dec. 6, 2002, P.L. 1227, No. 148 Cl. 02
Session of 2002
No. 2002-148
SB 1554
AN ACT
Amending the act of June 25, 1982 (P.L.633, No.181), entitled,
as reenacted, "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 composition of
commission, its membership and removal of commission members,
for proposed regulations, procedures and criteria for review,
and for final-form regulations and final-omitted regulations,
procedures and criteria for review; providing for criteria
for review of regulations; and further providing for
procedures for disapproval of final-form and final-omitted
regulations and emergency-certified regulations, for
procedures for subsequent review of disapproved final-form or
final-omitted regulations and for existing regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4(b) and (h) of the act of June 25, 1982
(P.L.633, No.181), known as the Regulatory Review Act, reenacted
and amended June 30, 1989 (P.L.73, No.19) and amended June 25,
1997 (P.L.252, No.24), are amended to read:
Section 4. Composition of commission; membership,
compensation; vacancies; removal.
* * *
(b) Each appointment provided for by [this act] subsection
(a), except for the Governor's appointment, shall be for a term
of three years. [and such appointments shall be made in the same
manner as set forth in subsection (a). From the time of initial
appointment to the commission, a commissioner may not serve more
than two full terms consecutively. A commissioner appointed to
serve the remainder of an unexpired term shall, in addition
thereto, be eligible to be appointed to, and to serve, two full
terms.]
* * *
(h) The commission shall meet before the period for its
review of regulations under this act expires and at other times
as necessary to transact the business of the commission and
insure an expeditious and orderly review of regulations under
this act. Meetings shall be held at times and places set by the
chairperson. A meeting may be [rescheduled] scheduled by the
commission upon the provision of at least ten days' notice to
all affected agencies and the committees. A commissioner who
[fails to] does not attend three consecutive meetings without
cause [shall] may be removed as a commissioner by the authority
appointing the commissioner.
* * *
Section 2. Sections 5 and 5.1 of the act, amended or added
June 25, 1997 (P.L.252, No.24), are amended to read:
Section 5. Proposed regulations; procedures [and criteria] 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) The title of the agency and the names, office
addresses and telephone numbers of the agency officials
responsible for responding to questions regarding the
regulation or for receiving comments relating to the
regulation.
(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.
(2) A concise and, when possible, nontechnical
explanation of the proposed regulation.
(3) A statement of the need for the regulation.
(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."
(5) A statement of legal, accounting or consulting
procedures and additional reporting, recordkeeping or other
paperwork, including copies of forms or reports, which will
be required for implementation of the regulation and an
explanation of measures which have been taken to minimize
these requirements.
(7) A schedule for review of the proposed regulation,
including the date by which the agency must receive comments;
the date or dates on which public hearings will be held; the
expected date of promulgation of the proposed regulation as a
final-form regulation; the expected effective date of the
final-form regulation; the date by which compliance with the
final-form regulation will be required; and the date by which
required permits, licenses or other approvals must be
obtained.
(9) An identification of the types of persons,
businesses and organizations which would be affected by the
regulation.
(10) An identification of the financial, economic and
social impact of the regulation on individuals, business and
labor communities and other public and private organizations
and, when practicable, an evaluation of the benefits expected
as a result of the regulation.
(11) A description of any special provisions which have
been developed to meet the particular needs of affected
groups and persons, including minorities, the elderly, small
businesses and farmers.
(12) A description of any alternative regulatory
provisions which have been considered and rejected and a
statement that the least burdensome acceptable alternative
has been selected.
(13) A description of the plan developed for evaluating
the continuing effectiveness of the regulation after its
implementation.
(b) The requirements of subsection (a) shall not diminish
the requirements of section 201 of the Commonwealth Documents
Law, but the information required by this section may be
included in the Notice of Proposed Rulemaking published in the
Pennsylvania Bulletin in lieu of the information required by
paragraphs (2) and (3) of section 201 of the Commonwealth
Documents Law. The agency shall hold a public comment period
which shall commence with the publication of the notice of
proposed rulemaking and shall continue for not less than 30 days
unless section 203(1) or (2) of the Commonwealth Documents Law
applies.
(c) From the date of submission of the proposed regulation,
the agency shall submit to the commission and the committees,
within five business days of receipt, a copy of comments which
the agency receives relating to the proposed regulation. The
agency shall also, upon request, submit to the commission and
the committees copies of reports from advisory groups and other
documents received from or disseminated to the public relating
to the proposed regulation and public notices or announcements
relating to solicitation of public comments or meetings which
the agency held or will hold relating to the proposed
regulation.
(d) The committees may, [within 20 days from the closing
date of the public comment period] at any time prior to the
submittal of the regulation in final-form, convey to the agency
and the commission their comments, recommendations and
objections to the proposed regulation and a copy of any staff
reports deemed pertinent. The comments, recommendations and
objections [shall include the lack of statutory authority of the
agency to promulgate the proposed regulation and deviation of
the proposed regulation from the intention of the General
Assembly in the enactment of the statute upon which the proposed
regulation is based] may refer to the criteria in section 5.2.
[(e) If the committees are prevented from completing their
20-day review because of the adjournment sine die or expiration
of the legislative session in an even-numbered year, their
review of the proposed regulation shall automatically be
suspended until the fourth Monday in January of the next year.
On that date, the agency shall resubmit the proposed regulation
and all material required under this section to the committees
and the commission. If either committee has not been designated
by the fourth Monday in January of the next year, the agency may
not deliver the proposed regulation and required material to the
committees and the commission until both committees are
designated, but the agency shall deliver the proposed regulation
and the required material no later than the second Monday after
the date by which both committee designations have been
published in the Pennsylvania Bulletin. If the agency fails to
deliver the proposed regulation in the time prescribed in this
subsection, the agency shall be deemed to have withdrawn the
proposed regulation. In computing the remaining time for
committee review, the number of days in which the committees
have had the proposed regulation under review as of the
adjournment sine die or expiration of the prior session shall be
subtracted from the 20-day committee review period, but the
committee review period in the next succeeding legislative
session shall not be less than ten days.]
(f) An agency may not submit a proposed regulation to the
committees for review during the period from the end of the
legislative session in an even-numbered year to the date by
which both committees have been designated in the next
succeeding legislative session, but an agency may submit a
proposed regulation and the material required under subsection
(a) to the commission and the Legislative Reference Bureau
during this period in accordance with subsection (a). The public
comment period shall commence with the publication of the notice
of proposed rulemaking and end on the date designated by the
agency under subsection (b). The agency shall submit the
proposed regulation and required material to the committees [in
the time prescribed by subsection (e). If the agency fails to
deliver the proposed regulation and required material to the
committees in the time prescribed by subsection (e), the agency
shall be deemed to have withdrawn the proposed regulation. The
committees' 20-day review period shall begin on the date of
receipt of the proposed regulation.] no later than the second
Monday after the date by which both committee designations have
been published in the Pennsylvania Bulletin. If the agency does
not deliver the proposed regulation and all material required
under this section in the time prescribed in this subsection,
the agency shall be deemed to have withdrawn the proposed
regulation.
(g) The commission [shall] may, within [ten] thirty days
after the [expiration of the committee review period pursuant to
subsection (d), (e) or (f), notify] close of the public comment
period, convey to the agency [of] and committees any comments,
recommendations and objections to the proposed regulation. The
[notification] comments, recommendations and objections shall
specify the regulatory review criterion set forth in section 5.2
which the proposed regulation has not met. If the commission
[fails to] does not comment on, make recommendations regarding
or object to any portion of the proposed regulation within the
time provided in this subsection, the commission shall be deemed
to have approved that portion of the proposed regulation.
Disapproval of the final-form regulation by the commission shall
relate only to comments, recommendations and objections raised
by the commission to the proposed regulation; to changes which
the agency made to the proposed regulation; or to
recommendations, comments or objections which a committee
conveyed to the agency or the commission.
Section 5.1. Final-form regulations and final-omitted
regulations; procedures [and criteria] for
review.
(a) The agency shall review and consider public comments and
the comments of the committees and commission pursuant to this
section. Within [seven] five business days of receipt of a
public comment, the agency shall[, by first class or electronic
mail, whichever is applicable,] notify the commentator of the
agency's address and telephone number where the commentator may
submit a request for the information concerning the final-form
regulation under subsection (b). Upon completion of the agency's
review of comments, the agency shall submit to the commission
and the committees a copy of its response to the comments
received, the names and addresses of commentators who have
requested additional information relating to the final-form
regulation and the text of the final-form regulation which the
agency intends to adopt. If an agency [fails to] does not submit
or withdraws and [fails to] does not resubmit the final-form
regulation within two years of the close of the public comment
period but still desires to promulgate the final-form
regulation, the agency shall republish the regulation as a
proposed regulation with a new public comment period in
accordance with the Commonwealth Documents Law. If the agency is
prevented from delivering its final-form regulation to the
commission and the committees within the time period provided
for in this subsection because of the adjournment sine die or
expiration of the legislative session in an even-numbered year,
the agency shall deliver its final-form regulation in accordance
with subsection (f).
(b) On the same date that the agency submits the material
required in subsection (a) to the commission and the committees,
the agency shall[, by first class or electronic mail, whichever
is applicable,] send a notice of submission and a copy of the
text of the final-form regulation or a copy of all changes to
the proposed regulation which are incorporated into the final-
form regulation to each commentator who requested this
information pursuant to subsection (a). The agency is not
responsible for notifying each party whose name appears on
petitions or membership lists who did not present individual
comments on the regulation.
(c) The agency shall submit final-omitted regulations to the
commission and the committees for review under [subsections (d),
(e) and (f)] this section on the same date that the agency
submits the regulations to the Attorney General for review as
provided in section 204(b) of the Commonwealth Attorneys Act.
The requirements of section 5, except for the requirements for
holding a public comment period and for notifying commentators,
are applicable to final-omitted regulations. If the agency makes
revisions pursuant to subsection (g), the agency shall deliver
copies of the revisions to the Attorney General on the same date
that the agency delivers the revisions to the commission and the
committees.
[(d) A committee shall, within 20 days from the date of
receipt of the information required under subsection (a) or
receipt of the information required under subsection (c),
approve or disapprove the final-form or final-omitted
regulation. The committee shall notify the commission and the
agency of its approval or disapproval. If a committee fails to
disapprove a final-form or final-omitted regulation, the
committee shall be deemed to have approved that regulation. If
the committee disapproves the final-form or final-omitted
regulation, the committee shall include with a notification of
disapproval a report stating the committee's objections to the
final-form or final-omitted regulation and a copy of staff
reports which the committee deems pertinent. Objections shall
include, but not be limited to, the lack of statutory authority
of the agency to promulgate the final-form or final-omitted
regulation and deviation of that regulation from the intention
of the General Assembly in the enactment of the statute upon
which the regulation was based.]
(e) The commission [shall, within ten days after the
expiration of the committee review period or at] may have until
its next [regularly] scheduled meeting[, whichever is later,]
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. The commission shall
notify the agency and the committees of its approval or
disapproval. If the commission [fails to] 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.
(f) [If the committees are prevented from completing their
20-day review because of] An agency may not deliver a final-form
or final-omitted regulation to the commission and the committees
after the 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]. The agency may not deliver the final-form or final-
omitted regulation 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 designated. [If the agency fails to 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
computing 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 20-day committee review period, 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 section shall not
apply to emergency-certified regulations adopted pursuant to the
provisions of section 6(d).]
(g) Except as provided in this subsection, the agency may
not make any changes to a final-form or final-omitted regulation
after the agency submits the final-form or final-omitted
regulation to the commission and the committees.
(1) Prior to the expiration of the [20-day review period
of the committees or to the] date on which either of the
committees takes action on the final-form or final-omitted
regulation[, whichever occurs first], pursuant to subsection
(j.2) or (j.3) or the expiration of the commission's review
period prescribed in subsection (e), whichever occurs first,
the agency may, unless the commission shall object, toll the
time for the commission's and the committees' review of the
final-form or final-omitted regulation in order to allow time
for the agency to consider revisions to the final-form or
final-omitted regulation recommended by the commission or a
committee.
(2) Tolling under paragraph (1) may last for up to 30
days. If within 30 days the agency [fails to] does not submit
revisions to the committees and the commission or [fails to]
does not notify the commission and the committees in writing
that it will not submit revisions but wishes the commission
and the committees to resume their review, the agency shall
be deemed to have withdrawn the final-form or final-omitted
regulation.
(3) The committees shall have the remainder of the 20-
day review period or ten days from the date of receipt of the
revised final-form or final-omitted regulation or written
notification under paragraph (2), whichever is longer, to
take action pursuant to subsection (j.2) or (j.3) and the
commission [shall have ten days after expiration of the
committee review period or] may have until its next
[regularly] scheduled meeting[, whichever is longer,] which
occurs after the expiration of the committee review period
but not less than 15 days after receipt of the revised final-
form or final-omitted regulation or written notification
under paragraph (2) to review the final-form or final-omitted
regulation. If the commission [or the committees fail to]
does not disapprove the final-form or final-omitted
regulation or a committee does not notify the commission and
the agency that it has disapproved the regulation or that it
intends to review the regulation pursuant to subsection
(j.2), within the respective time periods, the regulation
shall be deemed approved.
(4) The agency may not toll the time for review of any
final-form or final-omitted regulation more than one time.
(5) The agency may not submit revisions or notification
that the regulation will not be revised after the adjournment
sine die or the expiration of the legislative session in an
even-numbered year. If the committees and the commission are
prevented from completing their review pursuant to this
subsection because of the adjournment sine die or the
expiration of the legislative session in an even-numbered
year, the agency shall resubmit the final-form or final-
omitted regulation and review shall proceed in accordance
within subsection [f] (j.3).
[(h) In determining whether to approve or to disapprove a
final-form or a final-omitted regulation, the commission shall,
first and foremost, determine whether the agency has the
statutory authority to promulgate the final-form or final-
omitted regulation and whether that regulation conforms to the
intention of the General Assembly in the enactment of the
statute upon which the regulation is based. In making its
determination, the commission shall consider written comments
submitted by the committees and current members of the General
Assembly, pertinent opinions of Pennsylvania's courts and formal
opinions of the Attorney General.
(i) Upon a finding that the final-form or final-omitted
regulation is consistent with the statutory authority of the
agency and with the intention of the General Assembly in the
enactment of the statute upon which the regulation is based, the
commission shall consider the following in determining whether
the final-form or final-omitted regulation is in the public
interest:
(1) Economic or fiscal impacts of the final-form or
final-omitted regulation, which include the following:
(i) Direct and indirect costs to the Commonwealth,
to political subdivisions and to the private sector.
(ii) Adverse effects on prices of goods and
services, productivity or competition.
(iii) The nature of required reports, forms or other
paperwork and the estimated cost of their preparation by
individuals, businesses and organizations in the private
and public sectors.
(iv) The nature and estimated cost of legal,
consulting or accounting services which the private or
public sector may incur.
(v) The impact on the public interest of exempting,
or setting lesser standards of compliance for,
individuals or small businesses when it is lawful,
desirable and feasible to do so.
(2) The protection of the public health, safety and
welfare, and the effect on this Commonwealth's natural
resources.
(3) The clarity, feasibility and reasonableness of the
final-form or final-omitted regulation to be determined by
considering the following:
(i) Possible conflict with or duplication of
statutes or existing regulations.
(ii) Clarity and lack of ambiguity.
(iii) Need for the regulation.
(iv) Reasonableness of requirements, implementation
procedures and timetables for compliance by the public
and private sectors.
(4) Whether the final-form or final-omitted regulation
represents a policy decision of such a substantial nature
that it requires legislative review.
(5) Approval or disapproval by the committees.]
(j) The commission shall accept public [or agency] comments
only up to 48 hours prior to the commission's public meeting
unless the comments are submitted at the request of the
commission. The commission shall receive comments from [a
committee or its] the agency or members of the General Assembly
until [the public meeting is called to order] the commission
acts on the regulation. The commission shall transmit
[documents] comments received during the 48-hour period prior to
the commission's public meeting to the agency [within 24 hours
of] and the committees upon receipt. The commission shall
[receive] accept additional public [or agency] comments only
after the public meeting has been called to order.
(j.1) A committee shall have at least 20 days from receipt
of the information required under subsection (a) or receipt of
the information required under subsection (c) to take action
pursuant to subsection (j.2). If the committees are prevented
from completing their 20-day review because of the 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 commission and
the committees until both committees have been 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
regulation. In computing 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 20-day committee review period, but
the committee review period in the next succeeding legislative
session shall not be less than ten days. The commission shall
not act on a regulation until the committee review period has
expired. This section shall not apply to emergency-certified
regulations adopted pursuant to the provisions of section 6(d).
(j.2) 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 regulation.
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 after the committee has received the
commission's approval order. During this 14-day period, the
committee may take action on the regulation pursuant to section
7(d). If at the expiration of the 14-day period 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 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 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, 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).
(j.4) If the commission disapproves a final-form or final-
omitted regulation, the commission, the committees and the
agency will proceed in accordance with section 6.
(k) The commission shall note and shall make a part of the
public record all [documents] comments which it receives
relating to a regulation and shall retain the [documents]
comments for four years after the promulgation of the
regulation.
(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.
Section 3. The act is amended by adding a section to read:
Section 5.2. Criteria for review of regulations.
(a) In determining whether a proposed, final-form, final-
omitted or existing regulation is in the public interest, the
commission shall, first and foremost, determine whether the
agency has the statutory authority to promulgate the regulation
and whether the regulation conforms to the intention of the
General Assembly in the enactment of the statute upon which the
regulation is based. In making its determination, the commission
shall consider written comments submitted by the committees and
current members of the General Assembly, pertinent opinions of
Pennsylvania's courts and formal opinions of the Attorney
General.
(b) Upon a finding that the regulation is consistent with
the statutory authority of the agency and with the intention of
the General Assembly in the enactment of the statute upon which
the regulation is based, the commission shall consider the
following in determining whether the regulation is in the public
interest:
(1) Economic or fiscal impacts of the regulation, which
include the following:
(i) Direct and indirect costs to the Commonwealth,
to its political subdivisions and to the private sector.
(ii) Adverse effects on prices of goods and
services, productivity or competition.
(iii) The nature of required reports, forms or other
paperwork and the estimated cost of their preparation by
individuals, businesses and organizations in the public
and private sectors.
(iv) The nature and estimated cost of legal,
consulting or accounting services which the public or
private sector may incur.
(v) The impact on the public interest of exempting
or setting lesser standards of compliance for individuals
or small businesses when it is lawful, desirable and
feasible to do so.
(2) The protection of the public health, safety and
welfare and the effect on this Commonwealth's natural
resources.
(3) The clarity, feasibility and reasonableness of the
regulation to be determined by considering the following:
(i) Possible conflict with or duplication of
statutes or existing regulations.
(ii) Clarity and lack of ambiguity.
(iii) Need for the regulation.
(iv) Reasonableness of requirements, implementation
procedures and timetables for compliance by the public
and private sectors.
(4) Whether the regulation represents a policy decision
of such a substantial nature that it requires legislative
review.
(5) Comments, objections or recommendations of a
committee.
(6) Compliance with the provisions of this act or the
regulations of the commission in promulgating the regulation.
Section 4. Sections 6, 7 and 8.1 of the act, amended June
25, 1997 (P.L.252, No.24), are amended to read:
Section 6. Procedures for disapproval of final-form and final-
omitted regulations; emergency-certified
regulations.
(a) [If the committees and the commission do not disapprove
a final-form or a final-omitted regulation by the expiration of
their respective review periods under section 5.1(d), (e) or
(f), the agency may promulgate the final-form or final-omitted
regulation.] If the commission disapproves a final-form or
final-omitted regulation, the commission shall deliver its
disapproval order to the Legislative Reference Bureau, the
committees[, commentators who have requested additional
information under section 5.1(a)] and the agency. The commission
shall notify commentators who have requested additional
information under section 5.1(a) of the commission's vote to
disapprove. The disapproval order shall specify the regulatory
review criteria which the final-form or final-omitted regulation
has not met [and shall describe the documents and testimony
which the commission relied on in reaching its decision]. The
agency shall review the commission's order and proceed pursuant
to section 7(a).
(b) The commission's order disapproving a final-form or
final-omitted regulation shall bar the agency from promulgating
that regulation pending subsequent review under section 7.
[(c) If a committee has notified the commission of its
disapproval of a final-form or final-omitted regulation and the
commission approves the final-form or final-omitted regulation,
the commission shall, within two business days, deliver its
approval order to the committee. If either committee is
prevented from receiving the commission's order because of the
adjournment sine die or expiration of the legislative session in
an even-numbered year, the commission shall deliver its order to
the committee or its successor committee on the fourth Monday in
January of the next year. If either committee has not been
designated by the fourth Monday in January, the commission may
not deliver its order to the committees until both committees
have been designated, but the commission shall deliver its order
no later than the second Monday after the date by which both
committee designations have been published in the Pennsylvania
Bulletin. The committee shall have 14 days from receipt of the
approval order to take action pursuant to section 7(d). During
this 14-day period the agency may not promulgate the final-form
or final-omitted regulation approved by the commission. If, at
the expiration of the 14-day period, the committee fails to act
on the final-form or final-omitted regulation pursuant to
section 7(d), the agency may promulgate the final-form or final-
omitted regulation.]
(d) The commission may not issue an order barring an agency
from promulgating a final-form or final-omitted regulation if
the Attorney General certifies that the final-form or final-
omitted regulation is required pursuant to the decree of any
court or to implement the provisions of a statute of the United
States or regulations issued thereunder by a Federal agency or
if the Governor certifies that the final-form or final-omitted
regulation is required to meet an emergency which includes
conditions which may threaten the public health, safety or
welfare; cause a budget deficit; or create the need for
supplemental or deficiency appropriations of greater than
$1,000,000. In those cases, the final-form or final-omitted
regulation may take effect on the date of publication or on a
later date specified in the order adopting the final-form or
final-omitted regulation. The commission and the committees
shall review the final-form or final-omitted regulation pursuant
to the procedures provided for in this act. If the final-form or
final-omitted regulation is disapproved pursuant to those
procedures, that regulation shall be rescinded after 120 days or
upon final disapproval, whichever occurs later.
Section 7. Procedures for subsequent review of disapproved
final-form or final-omitted regulations.
(a) [Within seven days after the agency has received an
order from the commission disapproving and barring promulgation
of a final-form or final-omitted regulation issued pursuant to
section 6(a), the agency shall notify the Governor, the
committees and the commission of its selection of one of the
following options:] An agency may select one of the following
options for proceeding with a regulation which has been
disapproved by the commission:
(1) To proceed further with the final-form or final-
omitted regulation pursuant to subsection (b).
(2) To proceed further with the final-form or final-
omitted regulation pursuant to subsection (c).
(3) To withdraw the final-form or final-omitted
regulation.
[(a.1) If the committees are prevented from receiving the
notice required in this section because of the adjournment sine
die or expiration of the legislative session in an even-numbered
year, the agency shall deliver the notice to the Governor, the
commission and the committees on the fourth Monday in January of
the next year. If either committee has not been designated by
the fourth Monday in January, the agency may not deliver the
notice to the commission and the committees until both
committees are designated, but the agency shall deliver the
notice to the committees and the commission no later than the
second Monday after the date by which both committee
designations have been published in the Pennsylvania Bulletin.
If the agency fails to deliver the notice to the commission and
the committees in the time prescribed in this subsection, the
agency shall be deemed to have withdrawn that regulation.]
(b) If the agency decides to adopt the final-form or final-
omitted regulation without revisions or further modifications,
the agency shall submit a report to the committees and the
commission within 40 days of the agency's receipt of the
commission's disapproval order. The agency's report shall
contain the final-form or final-omitted regulation, the
commission's disapproval order and the agency's response and
recommendations regarding the final-form or final-omitted
regulation. If the committees are prevented from receiving the
report because of adjournment sine die or expiration of the
legislative session in an even-numbered year, the agency shall
submit its report to the commission and the committees on the
fourth Monday in January of the next year. If either committee
has not been designated by the fourth Monday in January, the
agency may not deliver the report to the committees and the
commission until both committees are designated, but the agency
shall deliver its report to the commission and the committees no
later than the second Monday after the date by which both
committee designations have been published in the Pennsylvania
Bulletin. If the agency [fails to] does not deliver the report
to the committees and the commission in the time prescribed in
this subsection, the agency shall be deemed to have withdrawn
the final-form or final-omitted regulation. [Upon receipt of the
agency's report, the committees may proceed pursuant to
subsection (d).]
(c) If the agency decides to revise or modify the final-form
or final-omitted regulation in order to respond to objections
raised by the commission and adopt that regulation with
revisions or modifications, the agency shall submit a report to
the committees and the commission within 40 days of the agency's
receipt of the commission's disapproval order. The agency's
report shall contain the revised final-form or final-omitted
regulation, the findings of the commission, and the agency's
response and recommendations regarding the revised final-form or
final-omitted regulation. If the committees are prevented from
receiving the report because of adjournment sine die or
expiration of the legislative session in an even-numbered year,
the agency shall submit the report to the commission and the
committees on the fourth Monday in January of the next year. If
either committee has not been designated by the fourth Monday in
January, the agency may not deliver the report to the committees
and the commission until both committees are designated, but the
agency shall deliver its report to the commission and the
committees no later than the second Monday after the date by
which both committee designations have been published in the
Pennsylvania Bulletin. If the agency [fails to] does not deliver
its report to the commission and the committees in the time
prescribed in this subsection, the agency shall be deemed to
have withdrawn the final-form or final-omitted regulation. [Upon
receipt of the agency's report, a committee shall have ten days
to approve or disapprove the report and to notify the commission
and the agency of its approval or disapproval. If a committee
fails to notify the commission and the agency of its disapproval
within ten days, the committee shall be deemed to have approved
the agency's report.]
(c.1) The commission [shall have seven] may have until its
next scheduled meeting, which occurs no less than 15 days from
[the expiration of the committee's ten-day review period or
until its next regularly scheduled meeting, whichever is later,
to] receipt of the agency's report, to approve or disapprove the
agency's report. [If the commission and the committee approve
the agency's report, the agency may promulgate the final-form or
final-omitted regulation. If the commission disapproves the
agency report, the agency shall be barred from promulgating that
regulation until the review provided for in this subsection and
in subsection (d) is completed. If a committee disapproves an
agency's report and the commission approves it or if the
commission disapproves an agency report, the] The commission
shall deliver its approval or disapproval order to the
committees for consideration by the General Assembly pursuant to
subsection (d). If the commission is prevented from delivering
its order to the committees within the time period provided for
in this subsection because of the adjournment sine die or
expiration of the legislative session in an even-numbered year,
the commission shall deliver its order on the fourth Monday of
January of the next year. If either committee has not been
designated by the fourth Monday in January, the commission may
not deliver its order to the committees until both committees
are designated, but the commission shall deliver its order no
later than the second Monday after the date by which both
committee designations have been published in the Pennsylvania
Bulletin. If the commission [fails to] does not deliver its
order disapproving the agency's report and revised final-form or
final-omitted regulation in the time prescribed by this
subsection, the commission shall be deemed to have approved the
agency's report and the revised final-form or final-omitted
regulation.
(d) Upon receipt of the [report of an agency pursuant to
subsection (b), of the agency's report and the] commission's
order pursuant to subsection [(c) or of the commission's order
pursuant to section 6(c)] (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 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 [fails to] 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 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. If the
General Assembly [fails to] does not adopt the concurrent
resolution or if the Governor vetoes the concurrent resolution
and the General Assembly [fails to] 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.
Section 8.1. Existing regulations.
The commission, on its motion or at the request of any person
or member of the General Assembly, may review any existing
regulation which has been in effect for at least three years. If
a committee of the Senate or the House of Representatives
requests a review of an existing regulation, the commission
shall perform the review and shall assign it high priority. The
commission may submit recommendations to an agency recommending
changes in existing regulations if it finds the existing
regulations to be contrary to the public interest under the
criteria established in [this] section 5.2. The commission may
also make recommendations to the General Assembly and the
Governor for statutory changes if the commission finds that any
existing regulation may be contrary to the public interest.
Section 5. This act shall apply to proposed, final-form and
final-omitted regulations which an agency submits on or after
the effective date of this act to the Independent Regulatory
Review Commission and to "committees" as defined in section 3 of
the act.
Section 6. This act shall take effect in 60 days.
APPROVED--The 6th day of December, A. D. 2002.
MARK S. SCHWEIKER
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