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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 $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 20250SB0444PN0391 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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. 20250SB0444PN0391 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (2) Section 8.1 of the act. Section 4. This act shall take effect immediately. 20250SB0444PN0391 - 4 - 1 2