Pennsylvania HB 1601: 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 and for final-form regulations and final-omitted regulations and procedures for review; providing for regulations deemed withdrawn; further providing for procedures for subsequent review of disapproved final-form or final-omitted regulations; and providing for concurrent resolution required for economically significant regulations.

Bill Text

PRINTER'S NO. 1917
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1601
Session of
2025
INTRODUCED BY KEPHART, GREINER, STAMBAUGH, HAMM, DIAMOND,
D'ORSIE, WALSH, BERNSTINE, STENDER, KUTZ, RASEL, MENTZER,
SMITH, OLSOMMER AND T. JONES, JUNE 12, 2025
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS AND
OPERATIONS, JUNE 16, 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, for proposed
regulations and procedures for review and for final-form
regulations and final-omitted regulations and procedures for
review; providing for regulations deemed withdrawn; further
providing for procedures for subsequent review of disapproved
final-form or final-omitted regulations; and providing for
concurrent resolution required for economically significant
regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "regulation" in section 3 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 definitions 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:
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* * *
"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
$1,000,000 on an annual basis.
* * *
"General permit." A permit issued by the Department of
Environmental Protection in accordance with the provis ions of 33
U.S.C. Ch. 26 Subch. I (relating to research and related
programs) , sections 1905-A, 1917-A and 1920-A of the act of
April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929, the act of June 22, 1937 (P.L.1987, No.394), known
as The Clean Streams Law, the act of July 7, 1980 (P.L.380,
No.97), known as the Solid Waste Management Act, and the act of
July 28, 1988 (P.L.556, No.101), known as the Municipal Waste
Planning, Recycling and Waste Reduction Act.
* * *
"Regulation." Any rule or regulation, or order in the nature
of a rule or regulation, promulgated by an agency under
statutory authority in the administration of any statute
administered by or relating to the agency or amending, revising
or otherwise altering the terms and provisions of an existing
regulation, or prescribing the practice or procedure before such
agency. The term shall also include actions of the Liquor
Control Board which have an effect on the discount rate for
retail licensees. The term shall not include a proclamation,
executive order, directive or similar document issued by the
Governor, but shall include a regulation which may be
promulgated by an agency, only with the approval of the
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Governor. The term includes revisions to a general permit.
* * *
Section 2. Section 5(a)(1.1) and (4) of the act are amended
and the section is amended by adding subsections to read:
Section 5. Proposed regulations; procedures 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:
* * *
(1.1) 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. In the case of a citation of State statutory
authority, the citation must be to a provision of the statute
that explicitly states that the agency may promulgate
regulations for the specific purpose cited in the statement
of need for the regulation under paragraph (3).
* * *
(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,
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1929 (P.L.177, No.175), known as "The Administrative Code of
1929."] The estimates shall be prepared by the