PRINTER'S NO. 764
No. 691 Session of 2001
INTRODUCED BY LESCOVITZ, GORDNER, GEIST, DeWEESE, TIGUE, BELARDI, COY, FAIRCHILD, CALTAGIRONE, GEORGE, M. COHEN, LAUGHLIN, HALUSKA, CAWLEY, HERMAN, READSHAW, WANSACZ, ROBINSON, C. WILLIAMS, COLAFELLA, HORSEY, TRELLO, TRICH, YOUNGBLOOD, BELFANTI, SAINATO, McCALL, PRESTON, SHANER, WASHINGTON, HARHAI AND DALEY, FEBRUARY 13, 2001
REFERRED TO COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT, FEBRUARY 13, 2001
AN ACT 1 Providing for inclusion in all Commonwealth rules and 2 regulations of flexible provisions designed to benefit small 3 businesses. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Regulatory 8 Flexibility Act. 9 Section 2. Findings and purpose. 10 (a) Findings.--The General Assembly finds that: 11 (1) Small businesses are vital to this Commonwealth's 12 economy, provide over one-half of this Commonwealth's 13 economic output, have accounted for nearly all of the 14 increases in employment in this Commonwealth since 1970 and 15 are an important source of major innovations which create new 16 markets and improve the quality of life.
1 (2) Small businesses in this Commonwealth have at times 2 been subjected to regulatory and reporting requirements 3 adopted by agencies, departments and instrumentalities of the 4 Commonwealth which placed a proportionately greater burden on 5 the small business community than on the other segments of 6 the business community of this Commonwealth. 7 (3) Regulations intended to protect this Commonwealth's 8 environment, health, safety and economic welfare have 9 sometimes imposed unreasonable demands and burdensome legal, 10 accounting and consulting costs on many small businesses of 11 limited resources without a proportionate benefit to the 12 environment, health, safety and economic welfare of the 13 Commonwealth. 14 (4) Over-regulation and burdensome requirements 15 affecting small businesses are costly, reduce innovation and 16 expansion, reduce competition and threaten the existence of 17 some small businesses. 18 (5) The practice of treating all individuals, businesses 19 and organizations in a uniform manner for the purpose of 20 regulatory and reporting requirements may lead to the 21 inefficient use of regulatory agency resources, enormous 22 enforcement problems and, in some cases, actions inconsistent 23 with the legislative intent of protection of this 24 Commonwealth's environment, health, safety and economic 25 welfare. 26 (6) State government information collection at times has 27 not adequately weighed the costs of collection and the 28 privacy rights of small businesses against the government's 29 need for information. 30 (b) Purpose.--It is the purpose of this act to establish as 20010H0691B0764 - 2 -
1 a principle of regulatory policy that regulatory and reporting 2 requirements fit the scale of those being regulated, that fewer, 3 simpler requirements be made of small businesses and local 4 governments where such is consistent with the protection of this 5 Commonwealth's environment, the public health, safety and 6 welfare, and that to achieve these ends agencies be empowered 7 and encouraged to issue regulations consistent with the 8 protection of this Commonwealth's environment, public health, 9 safety and welfare which include flexible standards designed to 10 meet the particular needs and resources of small businesses. 11 This act is not intended to justify imposing greater burdens on 12 larger entities than would be imposed without this act. 13 Section 3. Definitions. 14 The following words and phrases when used in this act shall 15 have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 "Agency." Each of the principal departments in the executive 18 branch of the Commonwealth and all bureaus, boards, divisions, 19 commissions, councils, authorities, offices or officers within 20 any of the departments now existing or hereafter established and 21 authorized by statute to make, adopt or promulgate rules and 22 regulations. 23 "Local government." A county, city, borough, incorporated 24 town, township, school district, vocational school district or 25 county institution district. 26 "Small business." Any for-profit business enterprise or 27 nonprofit corporation or association having 250 or fewer 28 employees. 29 Section 4. Flexible provisions in regulations. 30 Whenever any State agency reviews, proposes or adopts any 20010H0691B0764 - 3 -
1 rule or regulation or amendment to a rule or regulation after 2 the effective date of this act, the agency shall review the 3 factors set forth in section 5(c) and may include within the 4 regulation flexible provisions to be applied to small businesses 5 and local governments. Flexible provisions may be included 6 within any regulation, if such provisions are not otherwise 7 prohibited by law, and if such provisions are consistent with 8 the protection of this Commonwealth's environment, public 9 health, safety and welfare. Flexible provisions may include, but 10 are not limited to, specialized prescriptive or performance 11 standards, simplified reporting requirements, and simplified 12 permit, licensing or certification procedures and standards. 13 Section 5. Petition for proposed rulemaking. 14 (a) General rule.--Any small business may file an informal 15 petition with any agency requesting the issuance, amendment or 16 waiver of a regulation in order to adopt flexible provisions as 17 provided in section 4. 18 (b) Content.--Any petition filed pursuant to this section 19 shall set forth clearly and concisely the specific regulation, 20 amendment or waiver requested and shall cite by appropriate 21 reference the statutory authority for the regulation. Such 22 petition shall set forth the facts upon which the need for the 23 proposed flexible provisions are based and shall explain how the 24 proposed rulemaking will both benefit small businesses and local 25 governments and be consistent with the protection of this 26 Commonwealth's environment, public health, safety and welfare. 27 (c) Review criteria.--During the review of the proposal, the 28 agency shall consider the following factors: 29 (1) The nature of any reports and the estimated cost of 30 their preparation by small businesses and local governments 20010H0691B0764 - 4 -
1 which would be required under the new rule compared to 2 existing agency rules. 3 (2) The nature and estimated costs of other measures or 4 investments that would be required by small businesses and 5 local governments in complying with the new rules compared to 6 existing agency rules. 7 (3) The nature and estimated cost of any legal, 8 consulting and accounting services which small businesses and 9 local governments would incur in complying with the new rule 10 compared to existing agency rules. 11 (4) Compared to current agency rules, the ability of 12 small businesses and local governments to absorb the costs 13 estimated under paragraphs (1), (2) and (3) without suffering 14 economic harm and without adversely affecting competition in 15 the marketplace. 16 (5) The additional cost, if any, to the agency of 17 administering or enforcing a rule which contains flexible 18 provisions for compliance by small businesses and local 19 governments. 20 (6) The impact on the public interest of adopting 21 flexible provisions of compliance for small businesses and 22 local governments. 23 (7) The impact of the proposed changes on this 24 Commonwealth's environment, health, safety and economic 25 welfare. 26 (d) Flexible provisions in regulations.--The agency shall, 27 within 180 days, determine whether it is lawful, desirable and 28 feasible to adopt flexible provisions in regulations for small 29 businesses and local governments and notify the petitioner in 30 writing. If the agency determines that it is lawful, desirable 20010H0691B0764 - 5 -
1 and feasible to adopt such provisions, the agency shall publish 2 in the Pennsylvania Bulletin a notice of proposed rulemaking 3 containing the appropriate flexible provisions. If requested by 4 the petitioner, the agency shall hold a hearing to consider the 5 proposed rulemaking. 6 (e) Effect of decision.--The agency decision regarding any 7 petition filed pursuant to this section shall be final, and 8 shall not constitute an adjudication as defined in 2 Pa.C.S. § 9 101 (relating to definitions), or be subject to appeal as 10 provided by 2 Pa.C.S. § 702 (relating to appeals), or as 11 otherwise provided by State law. 12 Section 6. Cooperation. 13 Every agency of State government is authorized and required 14 to furnish, upon request, advice and assistance to any other 15 agency making determinations pursuant to this act. 16 Section 7. Effective date. 17 This act shall take effect immediately. A3L71JS/20010H0691B0764 - 6 -