An Act amending the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, further providing for definitions and for existing regulations.

PRINTER'S NO. 391
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 444
Session of
2025
INTRODUCED BY BROOKS, MARTIN, PHILLIPS-HILL, DUSH, ROTHMAN,
HUTCHINSON, BROWN AND STEFANO, MARCH 17, 2025
REFERRED TO INTERGOVERNMENTAL OPERATIONS, MARCH 17, 2025
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 and for existing
regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of June 25, 1982 (P.L.633,
No.181), known as the Regulatory Review Act, is amended by
adding a definition 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
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
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$1,000,000 on an annual basis.
* * *
Section 2. Section 8.1 of the act is amended to read:
Section 8.1. Existing regulations.
(a) 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.
(b) After an economically significant regulation has been in
effect for three years, the agency shall report to the
commission the status of the regulation, the impact of the
regulation on the regulated community and the direct and
indirect cost to the Commonwealth of the regulation.
(c) The agency's report under subsection (b) shall include:
(1) The status of implementation of the regulation.
(2) The nature of complaints or comments received from
the public concerning the regulation.
(3) Whether the regulation has had the intended effect.
(4) The estimated direct and indirect cost to the
regulated community and the economy of the regulation and
whether the estimated anticipated fiscal impact was
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underestimated or overestimated on the fiscal note under
section 5(a)(4).
(5) What the agency has done to implement the regulation
in the most efficient manner to reduce paperwork and decrease
costs to government and the private sector.
(6) Whether subsequent changes in the law or related
laws require the regulation to be repealed or amended.
(7) Whether there is a continued need for the regulation
and whether the agency is considering promulgating changes to
the regulation.
(d) On the same day that the agency submits the report under
subsection (b) to the commission, the agency shall submit a copy
of the report to the committees and transmit notice of the
report to the Legislative Reference Bureau for publication in
the next available issue of the Pennsylvania Bulletin. The
commission shall collect comments from the public on the
regulation during a public comment period which shall commence
with the publication of the notice in the Pennsylvania Bulletin
of the report and shall continue for not less than 30 days.
Within 30 days of the close of public comments, the commission
shall report to the agency and committees, after consideration
of the agency's report and public comments, whether the
regulation continues to meet the criteria for remaining in the
public interest as provided by section 5.2 and whether statutory
changes should be considered.
Section 3. The amendment or addition of the following
provisions shall apply to regulations promulgated on or after
the effective date of this section:
(1) The definition of "economically significant
regulation" in section 3 of the act.
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(2) Section 8.1 of the act.
Section 4. This act shall take effect immediately.
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