PRINTER'S NO. 1592
No. 1250 Session of 1998
INTRODUCED BY MADIGAN, MUSTO, JUBELIRER, HELFRICK, WAGNER,
WENGER, ROBBINS, SLOCUM, STOUT, DELP, HART, SALVATORE,
WOZNIAK, RHOADES, THOMPSON, STAPLETON, KASUNIC, O'PAKE,
CORMAN, BRIGHTBILL AND WHITE, JANUARY 21, 1998
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 21, 1998
AN ACT
1 Amending the act of July 31, 1968 (P.L.769, No.240), entitled
2 "An act relating to Commonwealth documents; providing for the
3 printing and distribution of administrative regulations;
4 regulating the adoption, publication, codification and
5 effectiveness of regulations, statements of policy, and
6 certain other Commonwealth documents; creating the Joint
7 Committee on Documents and prescribing its powers and duties;
8 providing penalties, and making appropriations and repeals,"
9 further providing for notice of proposed rulemaking; and
10 providing for restrictions in rulemaking where Federal
11 regulations exist.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 201 of the act of July 31, 1968 (P.L.769,
15 No.240), referred to as the Commonwealth Documents Law, is
16 amended to read:
17 Section 201. Notice of Proposed Rule Making.--Except as
18 provided in section 204 an agency shall give, in the manner
19 provided in section 405 (relating to additional contents of
20 temporary supplements) public notice of its intention to
21 promulgate, amend or repeal any administrative regulation. Such
1 notice shall include:
2 (1) The text of the proposed administrative regulation,
3 except any portions thereof omitted pursuant to section 407
4 (relating to matter not required to be published), prepared in
5 such a manner as to indicate the words to be added or deleted
6 from the presently effective text thereof, if any.
7 (2) A statement of the statutory or other authority under
8 which the administrative regulation or change therein is
9 proposed to be promulgated.
10 (3) A brief explanation of the proposed administrative
11 regulation or change therein.
12 (4) The name of the agency proposing the regulation and a
13 statement of the statutory or other authority under which the
14 regulation or change is proposed or mandated and if such
15 regulation or change is proposed to implement the requirements
16 of Federal law, the Federal law shall be cited with specificity.
17 (5) Documentation which clearly demonstrates that the
18 proposed regulation will not impose more stringent standards
19 than those applicable under existing Federal standards or, if
20 more stringent standards will be imposed, documentation which
21 clearly demonstrates that a compelling and articulated
22 Pennsylvania interest justifies the imposition of more stringent
23 standards or that the imposition of more stringent standards is
24 required by law.
25 (6) A concise and when possible, non-technical explanation
26 of the proposed regulation or change.
27 (7) Identification of each public purpose which will be
28 served by the proposed regulation.
29 (8) A reasonably specific and detailed explanation of the
30 manner in which each public purpose will be served by the
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1 proposed regulation.
2 (9) Evidence and data used by the agency in support of its
3 determination that each restriction imposed was necessary to
4 accomplish the purpose to be served.
5 (10) A statement of the public health, safety and
6 environmental risks associated with non-regulation.
7 (11) An identification of the types of persons, businesses
8 and organizations that will benefit from the regulation or be
9 adversely affected by the regulation and a reasonable
10 quantification of the benefits or adverse impacts to the
11 affected groups.
12 (12) An estimate of the costs to those persons, businesses
13 and organizations that will be required to comply with the
14 regulation, including a thorough explanation of the methodology
15 used by the agency in arriving at its estimate.
16 (13) An estimate of the costs and/or savings associated with
17 the implementation of the regulation on State and local
18 government, including a thorough explanation of the methodology
19 used by the agency in arriving at its estimate.
20 (14) A description of any regulatory or non-regulatory
21 alternatives to the proposed regulation considered by the agency
22 which would have reduced the restrictions and limitations the
23 regulation will place upon private action or upon the use and
24 control of private property and an explanation which identifies
25 with reasonable specificity why such alternatives were rejected.
26 (15) A description of the plan which has been developed for
27 evaluating the continuing effectiveness of the regulation after
28 its implementation.
29 (16) A schedule for the adoption and implementation of the
30 regulation including: the date by which the agency must receive
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1 comments; the date or dates on which public hearings, if any,
2 will be held; the expected date of adoption of the regulation;
3 the expected effective date of the regulation; the date by which
4 compliance with the regulation will be required; and the date by
5 which any required permits, licenses or other approvals must be
6 obtained.
7 (17) The names, office addresses and phone numbers of the
8 agency official responsible for receiving comments and for
9 responding to questions regarding the regulation.
10 (18) (i) A description of how the proposed regulations will
11 affect private property, including the restrictions to be
12 imposed upon the use of private property as a result of the
13 proposed regulation.
14 (ii) An analysis of the impact of the proposed regulation
15 upon private property rights, including, but not limited to, a
16 determination whether the proposed regulation will likely result
17 in restricted or limited use of private property such that the
18 property owner is unable to attain the reasonable investment-
19 backed expectation for the existing use of the private property
20 or a vested right to a specific use of the private property with
21 respect to the private property as a whole or that the property
22 owner is left with existing or vested uses that are unreasonable
23 such that the property owner bears a disproportionate share of a
24 burden imposed for the good of the public, which, in fairness,
25 should be borne by the public at large.
26 (19) A request for written comments by any interested person
27 concerning the proposed administrative regulation or change
28 therein.
29 [(5)] (20) Any other statement required by law.
30 Section 2. The act is amended by adding a section to read:
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1 Section 209. Restrictions where Federal Regulations Exist.--
2 If Federal statutes or regulations exist, regulations of an
3 agency may not exceed Federal standards unless justified by a
4 compelling and articulable Pennsylvania interest or required by
5 State law.
6 Section 3. This act shall take effect in 60 days.
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