Bill Text: PA HB211 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amending the title of the act; and further providing for criteria for review of regulations and for existing regulations.

Spectrum: Partisan Bill (Republican 24-0)

Status: (Introduced - Dead) 2013-01-22 - Referred to STATE GOVERNMENT [HB211 Detail]

Download: Pennsylvania-2013-HB211-Introduced.html

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PRINTER'S NO.  215

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

211

Session of 2013

 

 

 

INTRODUCED BY GROVE, METCALFE, KNOWLES, MALONEY, GINGRICH, CLYMER, AUMENT, MACKENZIE, BLOOM, KAUFFMAN, STEVENSON, CUTLER, BENNINGHOFF, R. BROWN, M. K. KELLER, PICKETT, LAWRENCE, MOUL, MILLER, BROOKS AND GABLER, JANUARY 22, 2013

 

 

REFERRED TO COMMITEE ON STATE GOVERNMENT, JANUARY 22, 2013

 

 

 

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," amending the title of the act; and further
providing for criteria for review of regulations and for
existing regulations.

The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:

Section 1.  The title 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), is amended to read:

AN ACT

Providing for independent oversight and review of regulations,
creating an Independent Regulatory Review Commission,
providing for its powers and duties, providing for periodic 
review of existing regulations by agencies and making
repeals.

Section 2.  Section 5.2 of the act, amended July 7, 2011

(P.L.277, No.60) and June 29, 2012 (P.L.657, No.76), is amended
to read:

Section 5.2.  Criteria for review of regulations.

(a)  [In] The commission, in determining whether a proposed,
final-form, final-omitted or existing regulation is in the
public interest, [the commission] or an agency, in determining 
whether an existing regulation is in the public interest, 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 or agency shall
consider written comments submitted by the committees and
current members of the General Assembly to the commission,
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 or agency 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.

(v)  Whether acceptable data is the basis of the
regulation.

(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.

(7)  Whether the regulation is supported by acceptable
data.

(8)  Whether a less costly or less intrusive alternative
method of achieving the goal of the regulation has been
considered for regulations impacting small business.

Section 3.  Section 8.1 of the act, amended December 6, 2002
(P.L.1227, No.148), is amended to read:

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 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.]

(a)  Every five years, each agency shall perform a regulatory
analysis of its existing regulations to determine whether a
regulation is in the public interest using criteria established
in section 5.2. An agency may choose not to perform a regulatory
analysis on an existing regulation if the regulation has been in
effect for less than three years.

(b)  If an agency finds that an existing regulation is not in
the public interest, the agency shall include with its analysis
the recommended changes it proposes to the existing regulation.

In making its proposal, the agency shall consider each of the
following:

(1)  Less costly or less intrusive alternative methods of
achieving the goal of the regulation.

(2)  Special provisions that minimize the adverse impact
of the regulation on affected groups and persons, when
consistent with health, safety, environmental and economic
welfare, and accomplish the objectives of the applicable
statutes. These special provisions may:

(i)  Establish less stringent compliance or reporting
requirements.

(ii)  Establish less stringent schedules or deadlines
for compliance or reporting requirements.

(iii)  Consolidate or simplify compliance or
reporting requirements.

(iv)  Establish performance standards for affected
groups or persons to replace design or operational
standards required in the regulation.

(v)  Exempt affected groups or persons from all or
any part of the requirements contained in the regulation.

(3)  Recommendations to the Governor and the General
Assembly for statutory changes.

(4)  Repeal of the regulation.

(c)  An agency shall have the discretion whether to compile
regulations into one analysis or multiple analyses, provided
that an analysis is performed on each of its existing
regulations and all analyses are completed within two years of
each five-year period.

(d)  Regulatory analyses of existing regulations shall be:

(1)  Submitted to the applicable committee or committees.

(2)  Posted on the agency's publicly accessible Internet
website.

(3)  Published in the Pennsylvania Bulletin.

(4)  Submitted to each member of Congress from
Pennsylvania in a case where a regulation was promulgated
pursuant to a Federal statute or Federal regulation.

(e)  Upon publication of an agency's analysis of an existing 
regulation in the Pennsylvania Bulletin, the commission, on its
motion may, within 120 days, review the agency's analysis of an 
existing regulation to determine if a regulation is in the 
public interest using criteria established in section 5.2. 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. Before conducting 
a review of an agency's analysis of an existing regulation, the 
commission shall publish a notice of review in the Pennsylvania 
Bulletin and allow for a 30-day public comment period. The 
commission shall 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 section 5.2. The commission shall 
also make recommendations to the Governor and the General 
Assembly for statutory changes if the commission finds that any 
existing regulation may be contrary to the public interest.

Section 4.  This act shall take effect in 60 days.