SB 977 — An Act amending the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, further providing for definitions, for proposed regulations and procedures for review, for final-form regulations and final-omitted regulations and procedures for review and for procedures for subsequent review of disapproved final-form or final-omitted regulations.

PRIOR PRINTER'S NO.

1363 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1421977 THE2017 GENERALINTRODUCED ASSEMBLYBY OFGORDNER, PENNSYLVANIASCARNATI, SENATEMENSCH, BILLVOGEL, SessionFOLMER, WARD, WAGNER AND WHITE, DECEMBER 6, 2017CHENTHALER, SCAVELLO, REFERRED TO RULES AND EXECUTIVE NOMINATIONS, DECEMBER 6, 2017 AN ACT Amending the act of No.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, for final-form regulations and final-omitted regulations and procedures for review and for procedures for subsequent review of disapproved final-form or final-omitted regulations.

977 2017 INTRODUCED BY GORDNER, SCARNATI, MENSCH, VOGEL, FOLMER, WARD, WAGNER AND WHITE, DECEMBER 6, 2017CHENTHALER, SCAVELLO, SENATOR CORMAN, RULES AND EXECUTIVE NOMINATIONS, AS AMENDED, JANUARY 22, 2018 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, for final-form regulations and final-omitted regulations and procedures for disapproved final-form or final-omitted regulations.

20170SB0977PN1421 - 2 - (1.1) A specific citation to the Federal or State 20170SB0977PN1363 - 2 - 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.

and the date by which 20170SB0977PN1421 - 3 - required permits, licenses or other approvals must be 20170SB0977PN1363 - 3 - obtained.

20170SB0977PN1421 - 4 - (12) A description of any alternative regulatory 20170SB0977PN1363 - 4 - provisions which have been considered and rejected and a statement that the least burdensome acceptable alternative has been selected.

(14) A description of any data upon which a regulation 20170SB0977PN1421 - 5 - is based with a detailed explanation of how the data was 20170SB0977PN1363 - 5 - obtained and why the data is acceptable data.

(a.1) The committee chairpersons shall, within five business daysdays, OF RECEIPT, distribute to each committee member of the <-- committee chairperson's caucus a copy of the information submitted to the committee chairpersons under subsection (a).

(c) From the date of submission of the proposed regulation, the agency shall submit to the commission and the [committees] committee chairpersons, within five business days of receipt, a copy of comments which the agency receives relating to the 20170SB0977PN1421 - 6 - proposed regulation.

The agency shall also, upon request, submit 20170SB0977PN1363 - 6 - to the commission and the [committees] committee chairpersons 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.

(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 20170SB0977PN1421 - 7 - which both committees have been designated in the next 20170SB0977PN1363 - 7 - 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).

Disapproval of the final-form 20170SB0977PN1421 - 8 - regulation by the commission shall relate only to comments, 20170SB0977PN1363 - 8 - recommendations and objections raised by the commission to the proposed regulation;

If an agency does not submit or withdraws and 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 20170SB0977PN1421 - 9 - shall republish the regulation as a proposed regulation with a 20170SB0977PN1363 - 9 - new public comment period in accordance with the Commonwealth Documents Law.

* * * (j.2) At any time during the commission's review period up 20170SB0977PN1421 - 10 - to 24 hours prior to the opening of the commission's public 20170SB0977PN1363 - 10 - 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 in accordance with subsection (e).

(1) One or both of the committees may, within 14 calendar 20170SB0977PN1421 - 11 - days or six legislative days, whichever is longer, report to the 20170SB0977PN1363 - 11 - House of Representatives or Senate a concurrent resolution and notify the agency.

The Senate and the House of Representatives shall each have 30 calendar days or ten legislative days, whichever is 20170SB0977PN1421 - 12 - longer, to override the veto.

If the General Assembly does not 20170SB0977PN1363 - 12 - adopt the concurrent resolution or override the veto in the time prescribed in this [subsection] paragraph, it shall be deemed to have approved the final-form or final-omitted regulation.

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