1Amending the act of June 25, 1982 (P.L.633, No.181), entitled,
2as reenacted and amended, "An act providing for independent
3oversight and review of regulations, creating an Independent
4Regulatory Review Commission, providing for its powers and
5duties and making repeals," further providing for
6definitions, for final-form regulations and final-omitted
7regulations and procedures for review, for procedures for
8disapproval of final-form and final-omitted regulations and
9emergency-certified regulations, for procedures for
10subsequent review of disapproved final-form or final-omitted
11regulations and for changes in final-form and final-omitted
12regulations.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 3 of the act of June 25, 1982 (P.L.633,
16No.181), known as the Regulatory Review Act, reenacted and
17amended June 30, 1989 (P.L.73, No.19), is amended by adding a
18definition to read:

19Section 3. Definitions.

20The following words and phrases when used in this act shall
21have, unless the context clearly indicates otherwise, the
22meanings given to them in this section:

1* * *

2"Recommendation notice." A report adopted by a majority vote
3of the Independent Regulatory Review Commission recommending the
4approval or disapproval of a final-form or final-omitted
5regulation according to the criteria established in section 5.2.

6* * *

7Section 2. Sections 5.1(e), (g), (j.1), (j.2) and (j.3), 6
8and 7 of the act, amended December 6, 2002 (P.L.1227, No.148),
9are amended to read:

10Section 5.1. Final-form regulations and final-omitted
11regulations; procedures for review.

12* * *

13(e) The commission may have until its next scheduled meeting
14which occurs no less than 30 days after receipt of the final-
15form or final-omitted regulation to [approve or disapprove the
16final-form or final-omitted regulation. The commission shall
17notify the agency and the committees of its approval or
18disapproval.] issue a recommendation notice to the committees 
19and the agency. If the commission does not [disapprove the
20final-form or final-omitted regulation] issue a recommendation 
21notice within the time allotted in this subsection, the
22commission shall be deemed to have [approved] recommended the 
23approval of the final-form or final-omitted regulation and shall 
24notify the committees.

25* * *

26(g) Except as provided in this subsection, the agency may
27not make any changes to a final-form or final-omitted regulation
28after the agency submits the final-form or final-omitted
29regulation to the commission and the committees.

30(1) Prior to [the expiration of the date on which either

1of the committees takes action on the final-form or final-
2omitted regulation, pursuant to subsection (j.2) or (j.3) or]
3the expiration of the commission's review period prescribed
4in subsection (e), [whichever occurs first,] the agency may,
5unless the commission or a committee shall object, toll the
6time for the commission's and the committees' review of the
7final-form or final-omitted regulation in order to allow time
8for the agency to consider revisions to the final-form or
9final-omitted regulation recommended by the commission or a
10committee.

11(2) Tolling under paragraph (1) may last for up to 30
12days. If within 30 days the agency does not submit revisions
13to the committees and the commission or does not notify the
14commission and the committees in writing that it will not
15submit revisions but wishes the commission and the committees
16to resume their review, the agency shall be deemed to have
17withdrawn the final-form or final-omitted regulation.

18(3) The [committees shall have the remainder of the 20-
19day review period or ten days from the date of receipt of the
20revised final-form or final-omitted regulation or written
21notification under paragraph (2), whichever is longer, to
22take action pursuant to subsection (j.2) or (j.3), and the]
23commission may have until its next scheduled meeting which
24occurs [after the expiration of the committee review period
25but] not less than 15 days after receipt of the revised
26final-form or final-omitted regulation or written
27notification under paragraph (2) to review the final-form or
28final-omitted regulation and issue a recommendation notice to 
29the committees. If the commission does not [disapprove the
30final-form or final-omitted regulation or a committee does

1not notify the commission and the agency that it has
2disapproved the regulation or that it intends to review the
3regulation pursuant to subsection (j.2), within the
4respective time periods, the regulation shall be deemed
5approved.] issue a recommendation notice within this time 
6period, the commission shall be deemed to have recommended 
7the approval of the final-form or final-omitted regulation 
8and shall notify the committees. The committees shall, within 
912 session days from the date of receiving the recommendation 
10notice required by this section, take action pursuant to 
11subsection (j.1).

12(4) The agency may not toll the time for review of any
13final-form or final-omitted regulation more than one time.

14(5) The agency may not submit revisions or notification
15that the regulation will not be revised after the adjournment
16sine die or the expiration of the legislative session in an
17even-numbered year. If the committees and the commission are
18prevented from completing their review pursuant to this
19subsection because of the adjournment sine die or the
20expiration of the legislative session in an even-numbered
21year, the agency shall resubmit the final-form or final-
22omitted regulation and review shall proceed in accordance
23within subsection [(j.3)] (j.1).

24* * *

25(j.1) [A committee shall have at least 20 days from receipt
26of the information required under subsection (a) or receipt of
27the information required under subsection (c) to] The committees 
28shall, within 12 session days of receiving notification from the 
29commission required by subsection (e), take action pursuant to
30subsection (j.2). If the committees are prevented from

1completing their [20-day] review within 12 session days because
2of the adjournment sine die or expiration of the legislative
3session in an even-numbered year, their review of the final-form
4or final-omitted regulation shall automatically be suspended
5until the fourth Monday in January of the next year. On that
6date, the agency shall resubmit the final-form or final-omitted
7regulation and required material to the committees and the
8commission. If either committee has not been designated by the
9fourth Monday in January, the agency may not deliver the final-
10form or final-omitted regulation and required material to the
11commission and the committees until both committees have been
12designated. If the agency does not deliver the final-form or
13final-omitted regulation and required material to the commission
14and the committees by the second Monday after the date by which
15both committee designations have been published in the
16Pennsylvania Bulletin, the agency shall be deemed to have
17withdrawn the regulation. In computing the remaining time for
18committee review, the number of session days in which the
19committees have had the final-form or the final-omitted
20regulation under review as of the adjournment sine die or
21expiration of the prior session shall be subtracted from the [20
22day] 12-session-day committee review period, but the committee
23review period in the next succeeding legislative session shall
24not be less than [ten] three session days. The commission shall
25not act on a regulation until the committee review period has
26expired. This section shall not apply to emergency-certified
27regulations adopted pursuant to the provisions of section 6(d).

28[(j.2) At any time during the commission's review period up
29to 24 hours prior to the opening of the commission's public
30meeting, a committee may notify the commission and the agency

1that it has approved or disapproved a final-form or final-
2omitted regulation or that it intends to review the regulation.
3If the commission approves a regulation and a committee has not
4notified the commission and the agency that it has disapproved
5the regulation or that it intends to review the regulation, the
6agency may promulgate the regulation. If the commission approves
7a regulation and a committee has notified the commission and the
8agency that it has disapproved the regulation or that it intends
9to review the regulation, the agency may not promulgate the
10regulation for 14 days after the committee has received the
11commission's approval order. During this 14-day period, the
12committee may take action on the regulation pursuant to section
137(d). If at the expiration of the 14-day period the committee
14has not taken action on the regulation pursuant to section 7(d),
15the agency may promulgate the regulation.

16(j.3) If the committees are prevented from completing their
1714-day review because of adjournment sine die or expiration of
18the legislative session in an even-numbered year, their review
19of the final-form or final-omitted regulation shall
20automatically be suspended until the fourth Monday in January of
21the next year. On that date, the agency shall resubmit the
22final-form or final-omitted regulation and required material to
23the committees and the commission. If either committee has not
24been designated by the fourth Monday in January, the agency may
25not deliver the final-form or final-omitted regulation and
26required material to the committees and the commission until
27both committees are designated. If the agency does not deliver
28the final-form or final-omitted regulation and required material
29to the commission and the committees by the second Monday after
30the date by which both committee designations have been

1published in the Pennsylvania Bulletin, the agency shall be
2deemed to have withdrawn the final-form or final-omitted
3regulation. In determining the remaining time for committee
4review, the number of days in which the committees have had the
5final-form or the final-omitted regulation under review as of
6the adjournment sine die or expiration of the prior session
7shall be subtracted from the 14-day committee review period, but
8the committee review period in the next succeeding legislative
9session shall not be less than ten days. An agency may not
10submit a final-form or final-omitted regulation to the
11commission or the committees for review during the period from
12the adjournment sine die or expiration of the legislative
13session of an even-numbered year to the date by which both
14committees have been designated in the next succeeding
15legislative session. This subsection shall not apply to
16emergency-certified regulations adopted pursuant to the
17provisions of section 6(d).]

18(j.2) Both committees shall approve or disapprove of the
19final-form or final-omitted regulation. An agency may not
20promulgate the final-form or final-omitted regulation until both
21committees approve the regulation. If a committee disapproves
22the final-form or final-omitted regulation, the agency shall be
23barred from promulgating the regulation and shall proceed
24further with the final-form or final-omitted regulation pursuant
25to section 7.

26* * *

27Section 6. Procedures for disapproval of final-form and final-
28omitted regulations; emergency-certified regulations.

29(a) [If the commission disapproves a final-form or final-
30omitted regulation, the] The commission shall deliver its

1[disapproval order] recommendation notice to the Legislative
2Reference Bureau, the committees and the agency. The commission
3shall notify commentators who have requested additional
4information under section 5.1(a) of the commission's [vote to
5disapprove. The disapproval order] recommendation notice. If the 
6recommendation notice advises the committees to disapprove a 
7final-form or final-omitted regulation, the recommendation 
8notice shall specify the regulatory review criteria which the
9final-form or final-omitted regulation has not met. [The agency
10shall review the commission's order and proceed pursuant to
11section 7(a).]

12(b) [The commission's order disapproving] A committee's vote 
13to disapprove a final-form or final-omitted regulation shall bar
14the agency from promulgating that regulation pending subsequent
15review under section 7. An agency may not promulgate a final-
16form or final-omitted regulation until both committees have 
17approved the regulation.

18(c.1) If a committee disapproves a final-form or final-
19omitted regulation, the committee shall deliver a disapproval
20order to the Legislative Reference Bureau, the commission and
21the agency. The disapproval order shall specify the regulatory
22review criteria which the final-form or final-omitted regulation
23has not met and may include any suggested revisions to the
24regulation the committee may have. The agency shall review the
25committee's disapproval order and proceed pursuant to section 7.

26(d) [The commission] A committee may not issue an order
27barring an agency from promulgating a final-form or final-
28omitted regulation if the Attorney General certifies that the
29final-form or final-omitted regulation is required pursuant to
30the decree of any court or to implement the provisions of a

1statute of the United States or regulations issued thereunder by
2a Federal agency or if the Governor certifies that the final-
3form or final-omitted regulation is required to meet an
4emergency which includes conditions which may threaten the
5public health, safety or welfare; cause a budget deficit; or
6create the need for supplemental or deficiency appropriations of
7greater than $1,000,000. In those cases, the final-form or
8final-omitted regulation may take effect on the date of
9publication or on a later date specified in the order adopting
10the final-form or final-omitted regulation. The commission and
11the committees shall review the final-form or final-omitted
12regulation pursuant to the procedures provided for in this act.
13If the final-form or final-omitted regulation is disapproved
14pursuant to those procedures, that regulation shall be rescinded
15after 120 days or upon final disapproval, whichever occurs
16later.

17Section 7. Procedures for subsequent review of disapproved
18final-form or final-omitted regulations.

19[(a) An agency may select one of the following options for
20proceeding with a regulation which has been disapproved by the
21commission:

22(1) To proceed further with the final-form or final-
23omitted regulation pursuant to subsection (b).

24(2) To proceed further with the final-form or final-
25omitted regulation pursuant to subsection (c).

26(3) To withdraw the final-form or final-omitted
27regulation.

28(b) If the agency decides to adopt the final-form or final-
29omitted regulation without revisions or further modifications,
30the agency shall submit a report to the committees and the

1commission within 40 days of the agency's receipt of the
2commission's disapproval order. The agency's report shall
3contain the final-form or final-omitted regulation, the
4commission's disapproval order and the agency's response and
5recommendations regarding the final-form or final-omitted
6regulation. If the committees are prevented from receiving the
7report because of adjournment sine die or expiration of the
8legislative session in an even-numbered year, the agency shall
9submit its report to the commission and the committees on the
10fourth Monday in January of the next year. If either committee
11has not been designated by the fourth Monday in January, the
12agency may not deliver the report to the committees and the
13commission until both committees are designated, but the agency
14shall deliver its report to the commission and the committees no
15later than the second Monday after the date by which both
16committee designations have been published in the Pennsylvania
17Bulletin. If the agency does not deliver the report to the
18committees and the commission in the time prescribed in this
19subsection, the agency shall be deemed to have withdrawn the
20final-form or final-omitted regulation.]

21(a) If a committee disapproves a final-form or final-omitted
22regulation, the agency shall withdraw the final-form or final-
23omitted regulation or proceed further with the regulation
24pursuant to subsection (c).

25(c) If the agency decides to revise or modify the final-form
26or final-omitted regulation in order to respond to objections
27raised by the commission or by a committee and adopt that
28regulation with revisions or modifications, the agency shall
29submit a report to the committees and the commission within 40
30days of the agency's receipt of the [commission's] committee's

1disapproval order. The agency's report shall contain the revised
2final-form or final-omitted regulation, the findings of the
3commission and the committees, and the agency's response and
4recommendations regarding the revised final-form or final-
5omitted regulation. If the committees are prevented from
6receiving the report because of adjournment sine die or
7expiration of the legislative session in an even-numbered year,
8the agency shall submit the report to the commission and the
9committees on the fourth Monday in January of the next year. If
10either committee has not been designated by the fourth Monday in
11January, the agency may not deliver the report to the committees
12and the commission until both committees are designated, but the
13agency shall deliver its report to the commission and the
14committees no later than the second Monday after the date by
15which both committee designations have been published in the
16Pennsylvania Bulletin. If the agency does not deliver its report
17to the commission and the committees in the time prescribed in
18this subsection, the agency shall be deemed to have withdrawn
19the final-form or final-omitted regulation.

20(c.1) The commission may have until its next scheduled
21meeting, which occurs no less than 15 days from receipt of the
22agency's report to [approve or disapprove the agency's report.
23The commission shall deliver its approval or disapproval order]
24issue a recommendation notice to the committees for
25consideration [by the General Assembly] pursuant to subsection
26(d). If the commission is prevented from delivering [its order]
27the recommendation notice to the committees within the time
28period provided for in this subsection because of the
29adjournment sine die or expiration of the legislative session in
30an even-numbered year, the commission shall deliver its order on

1the fourth Monday of January of the next year. If either
2committee has not been designated by the fourth Monday in
3January, the commission may not deliver its order to the
4committees until both committees are designated, but the
5commission shall deliver its order no later than the second
6Monday after the date by which both committee designations have
7been published in the Pennsylvania Bulletin. If the commission
8does not deliver its order disapproving the agency's report and
9revised final-form or final-omitted regulation in the time
10prescribed by this subsection, the commission shall be deemed to
11have approved the agency's report and the revised final-form or
12final-omitted regulation and shall notify the committees.

13(d) Upon receipt of the commission's [order] recommendation 
14notice or notification pursuant to subsection (c.1) [or at the
15expiration of the commission's review period if the commission
16does not act on the regulation or does not deliver its order
17pursuant to subsection (c.1), one or] both of the committees
18[may, within 14 calendar days, report to the House of
19Representatives or Senate a concurrent resolution and notify the
20agency. During the 14-calendar-day period, the agency may not
21promulgate the final-form or final-omitted regulation. If, by
22the expiration of the 14-calendar-day period, neither committee
23reports a concurrent resolution, the committees shall be deemed
24to have approved the final-form or final-omitted regulation, and
25the agency may promulgate that regulation. If either committee
26reports a concurrent resolution before the expiration of the 14-
27day period, the Senate and the House of Representatives shall
28each have 30 calendar days or ten legislative days, whichever is
29longer, from the date on which the concurrent resolution has
30been reported, to adopt the concurrent resolution. If the

1General Assembly adopts the concurrent resolution by majority
2vote in both the Senate and the House of Representatives, the
3concurrent resolution shall be presented to the Governor in
4accordance with section 9 of Article III of the Constitution of
5Pennsylvania. If the Governor does not return the concurrent
6resolution to the General Assembly within ten calendar days
7after it is presented, the Governor shall be deemed to have
8approved the concurrent resolution. If the Governor vetoes the
9concurrent resolution, the General Assembly may override that
10veto by a two-thirds vote in each house. The Senate and the
11House of Representatives shall each have 30 calendar days or ten
12legislative days, whichever is longer, to override the veto. If
13the General Assembly does not adopt the concurrent resolution or
14override the veto in the time prescribed in this subsection, it
15shall be deemed to have approved the final-form or final-omitted
16regulation. Notice as to any final disposition of a concurrent
17resolution considered in accordance with this section shall be
18published in the Pennsylvania Bulletin. The bar on promulgation
19of the final-form or final-omitted regulation shall continue
20until that regulation has been approved or deemed approved in
21accordance with this subsection. If the General Assembly adopts
22the concurrent resolution and the Governor approves or is deemed
23to have approved the concurrent resolution or if the General
24Assembly overrides the Governor's veto of the concurrent
25resolution, the agency shall be barred from promulgating the
26final-form or final-omitted regulation. If the General Assembly
27does not adopt the concurrent resolution or if the Governor
28vetoes the concurrent resolution and the General Assembly does
29not override the Governor's veto, the agency may promulgate the
30final-form or final-omitted regulation. The General Assembly

1may, at its discretion, adopt a concurrent resolution
2disapproving the final-form or final-omitted regulation to
3indicate the intent of the General Assembly but permit the
4agency to promulgate that regulation.] shall, within six session 
5days, review the revised final-form or final-omitted regulation. 
6If a committee disapproves the revised final-form or final-
7omitted regulation, the agency shall withdraw the revised final-
8form or final-omitted regulation or proceed further with the 
9revised final-form or final-omitted regulation pursuant to 
10subsection (c). If both committees approve the revised final-
11form or final-omitted regulation, the agency may promulgate the 
12regulation. If the committees are prevented from completing 
13their review within six session days because of the adjournment 
14sine die or expiration of the legislative session in an even-
15numbered year, their review of the final-form or final-omitted 
16regulation shall automatically be suspended until the fourth 
17Monday in January of the next year. On that date, the agency 
18shall resubmit the final-form or final-omitted regulation and 
19required material to the committees and the commission. If 
20either committee has not been designated by the fourth Monday in 
21January, the agency may not deliver the final-form or final-
22omitted regulation and required material to the commission and 
23the committees until both committees have been designated. If 
24the agency does not deliver the final-form or final-omitted 
25regulation and required material to the commission and the 
26committees by the second Monday after the date by which both 
27committee designations have been published in the Pennsylvania 
28Bulletin, the agency shall be deemed to have withdrawn the 
29regulation. In computing the remaining time for committee 
30review, the number of session days in which the committees have 

1had the final-form or the final-omitted regulation under review 
2as of the adjournment sine die or expiration of the prior 
3session shall be subtracted from the six-session-day committee 
4review period, but the committee review period in the next 
5succeeding legislative session shall not be less than three 
6session days. The commission shall not act on a regulation until 
7the committee review period has expired. This section shall not 
8apply to emergency-certified regulations adopted pursuant to the 
9provisions of section 6(d).

10Section 3. Section 8 of the act, amended June 25, 1997
11(P.L.252, No.24), is amended to read:

12Section 8. Changes in final-form and final-omitted regulations.

13(a) Except as provided in subsection (b), an agency may not
14make changes to a final-form or final-omitted regulation after
15that regulation has been approved [or has been deemed approved]
16by the committees [or the commission] pursuant to this act.

17(b) Subsection (a) does not apply to changes made at the
18direction of the Office of Attorney General pursuant to its
19review under section 204(b) of the Commonwealth Attorneys Act.

20Section 4. This act shall take effect in 60 days.