PRINTER'S NO. 1017
No. 917 Session of 1999
INTRODUCED BY LYNCH, FORCIER, ROHRER, ARMSTRONG, EGOLF,
HUTCHINSON, BENNINGHOFF, FLICK, HENNESSEY, SAYLOR, WILT, LEH,
PETRARCA, CORRIGAN, SEMMEL, E. Z. TAYLOR, FICHTER, BARRAR,
LAUGHLIN, LUCYK, SEYFERT AND TRUE, MARCH 17, 1999
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS,
MARCH 17, 1999
AN ACT
1 Relating to Federal mandates; requiring a study and report to
2 determine the necessity and impact of Federal mandates; and
3 requiring the development of programs and budget requests and
4 information.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Federal
9 Mandates Act.
10 Section 2. Legislative declaration.
11 (a) General policy.--The General Assembly employs its
12 legislative authority to establish that the people of this
13 Commonwealth, acting through their elected officials, have the
14 responsibility and authority to establish policy in and for the
15 Commonwealth pertaining to Federal programs mandated in Federal
16 statutes. The intent of the General Assembly is to assure the
17 primacy of the Commonwealth's legal and political authority to
1 implement in and for the Commonwealth the policy mandated by
2 Federal statutes and to vigorously challenge and scrutinize the
3 extent and scope of authority asserted by Federal executive
4 branch agencies when Federal agency actions and interpretations
5 are inconsistent with State policy and exceed the lawful
6 authority of the Federal Government or are not required by
7 Federal law.
8 (b) Findings.--The General Assembly finds and declares as
9 follows:
10 (1) The power to implement Federal policies in and for
11 this Commonwealth is central to the ability of the people of
12 this Commonwealth to govern themselves under a Federal system
13 of government.
14 (2) Any implementation of Federal policies in and for
15 this Commonwealth by Federal executive branch agencies that
16 is contrary to fundamental notions of federalism and self-
17 determination must be identified and countered.
18 (3) There is an urgent need to modify Federal mandates
19 because the implementation of these mandates by the
20 Commonwealth wastes the financial resources of the
21 Commonwealth, local governments and the citizens of this
22 Commonwealth and does not properly respect the rights of the
23 Commonwealth, local governments and the citizens of this
24 Commonwealth.
25 (4) The State government has an obligation to the public
26 to do what is necessary to protect the rights of Commonwealth
27 citizens under Federal law while minimizing or eliminating
28 any additional cost or regulatory burden on any citizen of
29 this Commonwealth.
30 (5) The tenth amendment to the Constitution of the
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1 United States directs that powers not delegated to the United
2 States are reserved to the states or to the people. The
3 Commonwealth, as one of the sovereign states within the
4 Union, has constitutional authority to enact laws protecting
5 the environment of this Commonwealth and safeguarding the
6 public health, safety and welfare of the citizens of this
7 Commonwealth. However, this authority has too often been
8 ignored by the Federal Government, as the Federal Government
9 has intruded more and more into areas that must be left to
10 the states. It is essential that the dilution of the
11 authority of state and local governments be halted and that
12 the provisions of the tenth amendment be accorded proper
13 respect.
14 (6) Current Federal regulatory mandates, as reflected in
15 Federal administrative regulations, guidelines and policies,
16 often do not reflect the realities of this Commonwealth, and
17 Federal regulators frequently do not understand the needs and
18 priorities of the citizens of this Commonwealth.
19 (7) The citizens of this Commonwealth can establish and
20 wish to establish innovative solutions to this Commonwealth's
21 problems, but the current manner in which legal challenges to
22 State policies and Federal programmatic substitutions of
23 State programs are handled does not allow the Commonwealth
24 the flexibility it needs. It is impossible for the
25 Commonwealth to effectively and efficiently implement the
26 provisions of Federal statutes unless the burden to prove the
27 insufficiency of the Commonwealth's efforts to implement
28 Federal requirements is shifted to the person or agency that
29 asserts such insufficiency.
30 (8) This act will better balance the exercise of powers
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1 of the Federal Government and the powers reserved to the
2 states. In addition, the application of this act ultimately
3 will bring about greater protection for the nation and the
4 Commonwealth because it will direct the Commonwealth to
5 implement Federal statutes at the least possible cost,
6 thereby freeing more moneys for other needs.
7 (9) The purpose of this act is to ensure that Federal
8 mandates implemented in this Commonwealth comply with State
9 policy as established by the General Assembly.
10 Section 3. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Federal statute." A Federal statute that is in accord with
15 the Constitution of the United States, imposing mandates on
16 state or local governments, which may include, but is not
17 limited to, the following:
18 (1) Section 1901 of the Social Security Act (49 Stat.
19 620, 42 U.S.C. § 1396).
20 (2) The National School Lunch Act (60 Stat. 230, 42
21 U.S.C. § 1751 et seq.).
22 (3) The Federal Water Pollution Control Act (62 Stat.
23 1155, 33 U.S.C. § 1251 et seq.).
24 (4) The Solid Waste Disposal Act (Public Law 89-272, 42
25 U.S.C. § 6901 et seq.).
26 (5) Section 4 of the Child Nutrition Act of 1966 (Public
27 Law 89-642, 42 U.S.C. § 1773).
28 (6) The Endangered Species Act of 1973 (Public Law 93-
29 205, 16 U.S.C. § 1531 et seq.).
30 (7) Part B of the Equal Education and Opportunity Act of
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1 1974 (Public Law 93-380, 20 U.S.C. § 1751 et seq.).
2 (8) The Safe Drinking Water Act (Public Law 93-523, 21
3 U.S.C. § 349 and 42 U.S.C. §§ 201 and 300f et seq.).
4 (9) The Resource Conservation and Recovery Act of 1976
5 (Public Law 94-580, 42 U.S.C. § 6901 et seq.).
6 (10) The Clean Air Act (Public Law 95-95, 42 U.S.C. §
7 7401 et seq.).
8 (11) The Comprehensive Environmental Response,
9 Compensation, and Liability Act of 1980 (Public Law 96-510,
10 94 Stat. 2767).
11 (12) The Asbestos School Hazard Abatement Act of 1984
12 (Public Law 98-377, 20 U.S.C. § 4011 et seq.).
13 (13) The Emergency Planning and Community Right-To-Know
14 Act of 1986 (Title III of Public Law 99-499, 42 U.S.C. §
15 11001 et seq.).
16 (14) The Superfund Amendments and Reauthorization Act of
17 1986 (Public Law 99-499, 100 Stat. 1613).
18 (15) The Commercial Motor Vehicle Safety Act of 1986
19 (Public Law 99-570, 49 U.S.C. App. § 2701 et seq.).
20 (16) The Intermodal Surface Transportation Efficiency
21 Act of 1991 (Public Law 102-240, 105 Stat. 1914).
22 (17) The Family and Medical Leave Act of 1993 (Public
23 Law 103-3, 29 U.S.C. § 2601 et seq.).
24 (18) The National Voter Registration Act (Public Law
25 103-31, 42 U.S.C. § 1973gg et seq.).
26 (19) The Brady Handgun Violence Prevention Act (Public
27 Law 103-159, 107 Stat. 1536).
28 Section 4. State programs to implement Federal statutes.
29 (a) Identification of inconsistent Federal requirements.--
30 Any State officer, official or employee charged with the duty of
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1 implementing any Federal statute shall implement the law as
2 required by the Federal statute in good faith and shall exercise
3 a critical view toward the provisions of any Federal regulation,
4 guideline or policy in order to identify those provisions of any
5 Federal regulation, guideline or policy that are inconsistent
6 with State policy or do not advance State policy in a cost-
7 effective manner.
8 (b) Promulgation of regulations.--Any agency of the
9 executive branch of State government that is authorized to
10 develop a State program to respond to any mandates contained in
11 a Federal statute shall develop the State program and promulgate
12 any necessary regulations using the following criteria:
13 (1) State programs shall be developed by the State
14 agency to meet the requirements of Federal statutes in good
15 faith with a critical view toward any Federal regulations,
16 guidelines or policies.
17 (2) State programs shall be developed with due
18 consideration of the financial restraints of the
19 Commonwealth, local governments and the citizens of this
20 Commonwealth.
21 (3) Any State programs that implement the goals of
22 Federal statutes shall use the most efficient methods
23 possible, with careful consideration given to cost and impact
24 of the programs on local governments and the citizens of this
25 Commonwealth and to the long-range public health, safety and
26 welfare of the citizens of this Commonwealth.
27 Section 5. Appropriations Committees' reports to General
28 Assembly and budgetary savings.
29 (a) Reports of committees.--The Appropriations Committee of
30 the Senate and the Appropriations Committee of the House of
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1 Representatives shall report to the General Assembly regarding
2 the proposed implementation of this section.
3 (b) Prerequisites for State appropriations.--If a State
4 program is authorized or mandated by a Federal statute, no State
5 appropriation for the program shall be enacted unless:
6 (1) the State program is necessary to protect the public
7 health, safety and welfare;
8 (2) the State program is necessary to implement the
9 Federal statute;
10 (3) the operation of the State program benefits the
11 Commonwealth by providing a cost-effective implementation of
12 the Federal statute by the Commonwealth, local governments
13 and business; or
14 (4) the State program benefits the Commonwealth, local
15 governments and business by providing a cost-effective means
16 to meet a higher public health, safety and welfare standard
17 established under State law.
18 (c) Citations to be included.--Each State agency making a
19 budget request for State appropriations for a State program
20 authorized or mandated by Federal statute shall include in its
21 budget request citations to the Federal constitutional
22 provisions and the State constitutional or statutory provisions
23 that authorize the State program.
24 (d) Review of budget request.--Each Appropriations Committee
25 shall review the budget requests, shall determine whether
26 additional State statutory authority is required in order to
27 implement the State program and shall make recommendations to
28 the General Assembly.
29 (e) Determination of necessity.--
30 (1) The General Assembly shall, after receiving a
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1 recommendation from each Appropriations Committee, determine
2 whether a State program is necessary and whether Federal
3 constitutional authority and State constitutional or
4 statutory authority exist. The General Assembly shall
5 exercise a critical view toward the interpretation of the
6 Federal statute found in Federal regulations, guidelines or
7 policies.
8 (2) Enactment of State appropriations for a State
9 program shall constitute the General Assembly's determination
10 that the State program is necessary and that Federal
11 constitutional authority and State constitutional or
12 statutory authority exist.
13 (3) State appropriations may not be based solely on
14 requirements found in regulations, guidelines or policies of
15 a Federal agency.
16 (f) Requirements for recommendations.--
17 (1) Prior to recommending to the General Assembly any
18 budget for a State agency that is charged with implementing
19 Federal mandates, the Governor and each Appropriations
20 Committee shall require that the State agency provide
21 information regarding any monetary savings for the
22 Commonwealth and any reduction in regulatory burdens on local
23 governments and on the public that could be or have been
24 achieved through the development of State policies that meet
25 the intent of the Federal statute but do not necessarily
26 follow all applicable Federal regulations, guidelines or
27 policies.
28 (2) The State agency shall also provide advice to the
29 Governor and each Appropriations Committee regarding any
30 changes in State statutes that are necessary to provide the
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1 State agency the authority to implement State policies in
2 such a way as to create additional savings or greater
3 reductions in regulatory burdens.
4 (3) The Governor shall review and compile the
5 information received from State agencies pursuant to this
6 section and shall include recommendations in his annual
7 budget request to each Appropriations Committee based upon
8 such information.
9 (g) Definition.--As used in this section, the term "State
10 program" does not include any portion of a program that is
11 funded with nontax or nonfee revenues, or both, which State
12 authorities are required to administer in a trusteeship or
13 custodial capacity and which are not subject to appropriation by
14 the General Assembly.
15 Section 6. Requests for information regarding Federal mandates.
16 (a) Requests.--The Governor shall prepare one or more
17 requests for information regarding Federal mandates on or before
18 August 30, 2000. The requests for information shall be directed
19 to persons involved with or affected by Federal mandates,
20 including, but not limited to, the following:
21 (1) Public and private institutions of higher education,
22 both in and outside of this Commonwealth, and individuals in
23 such institutions who have developed a high degree of
24 expertise in the subjects of federalism and Federal mandates.
25 (2) Attorneys in private practice who have dealt with
26 Federal mandate litigation or research.
27 (3) Organizations and foundations that have an interest
28 in the issues of federalism and the imposition of Federal
29 mandates on state and local governments.
30 (b) Issues addressed.--The issues addressed in the requests
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1 for information issued pursuant to this section shall include
2 the following:
3 (1) Identification of Federal mandates expressing broad
4 Federal policies that would best be implemented on a state-
5 by-state basis or that could be resisted because of the
6 unique circumstances that are present in each state and
7 because of the unnecessary burdens that are created by
8 Federal regulations and policies.
9 (2) Legal theories that support the right of each state
10 to implement or oppose Federal mandates pursuant to the
11 state's own policies.
12 (3) Practical methods, including the enactment of any
13 State legislation, by which the State may fully exercise its
14 authority in the implementation of Federal mandates.
15 (4) Recommendations regarding Federal legislation that
16 would ensure that the states have the necessary authority to
17 implement Federal directives in a manner that is consistent
18 with state policy and is suited to the needs of each state.
19 (5) Possible funding sources for Federal mandate efforts
20 and opportunities for the Commonwealth to match other funding
21 sources or to cooperate with other entities in working toward
22 Federal mandate solutions.
23 (c) Required responses.--The requests for information
24 prepared pursuant to this section shall require that the initial
25 responses be received by the Governor no later than October 15,
26 2000. The Governor may prepare additional requests for
27 information to follow up and obtain further details regarding
28 the initial responses that were received.
29 Section 7. Report by Governor regarding Federal mandates and
30 recommendations.
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1 The Governor shall examine the information received through
2 the requests for information prepared pursuant to this act and
3 shall, based upon such information, present a report to the
4 General Assembly on or before December 1, 2000, that includes
5 the following:
6 (1) Recommendations regarding:
7 (i) contracts that the General Assembly may enter
8 into with specified persons or entities to conduct
9 research, to analyze certain subjects or to provide other
10 services regarding Federal mandates; or
11 (ii) a request-for-proposals process to obtain bids
12 for contracts to provide services regarding Federal
13 mandates with the intent that the contracts be entered
14 into on or before February 1, 2001, and that the results
15 of any research or analysis performed under such
16 contracts be received by the General Assembly on or
17 before July 1, 2001.
18 (2) Estimates of the cost of the Federal mandate efforts
19 recommended by the Governor under this section and
20 recommendations regarding any possible public and private
21 sources of moneys to fund such efforts, including any
22 appropriations by the General Assembly that may be required.
23 Section 8. Effective date.
24 This act shall take effect in 60 days.
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