PRINTER'S NO. 2231
No. 1381 Session of 2006
INTRODUCED BY WENGER, OCTOBER 25, 2006
REFERRED TO STATE GOVERNMENT, OCTOBER 25, 2006
AN ACT
1 Amending the act of June 25, 1982 (P.L.633, No.181), entitled,
2 as reenacted, "An act providing for independent oversight and
3 review of regulations, creating an Independent Regulatory
4 Review Commission, providing for its powers and duties and
5 making repeals," providing for acceptable data.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3 of the act of June 25, 1982 (P.L.633,
9 No.181), known as the Regulatory Review Act, is amended by
10 adding a definition to read:
11 Section 3. Definitions.
12 The following words and phrases when used in this act shall
13 have, unless the context clearly indicates otherwise, the
14 meanings given to them in this section:
15 "Acceptable data." Empirical, replicable and testable
16 information as evidenced in supporting documentation,
17 statistics, reports, studies or research.
18 * * *
19 Section 2. Section 5(a) of the act is amended by adding a
1 paragraph to read:
2 Section 5. Proposed regulations; procedures for review.
3 (a) On the same date that an agency submits a proposed
4 regulation to the Legislative Reference Bureau for publication
5 of notice of proposed rulemaking in the Pennsylvania Bulletin as
6 required by the Commonwealth Documents Law, the agency shall
7 submit to the commission and the committees a copy of the
8 proposed regulation and a regulatory analysis form which
9 includes the following:
10 * * *
11 (14) A description of any data upon which a regulation
12 is based with a detailed explanation of how the data was
13 obtained and why the data is acceptable data. An agency
14 advocating that any data is acceptable data shall have the
15 burden of proving that the data is acceptable.
16 * * *
17 Section 3. Section 5.2 of the act, added December 6, 2002
18 (P.L.1227, No.148), is amended to read:
19 Section 5.2. Criteria for review of regulations.
20 (a) In determining whether a proposed, final-form, final-
21 omitted or existing regulation is in the public interest, the
22 commission shall, first and foremost, determine whether the
23 agency has the statutory authority to promulgate the regulation
24 and whether the regulation conforms to the intention of the
25 General Assembly in the enactment of the statute upon which the
26 regulation is based. In making its determination, the commission
27 shall consider written comments submitted by the committees and
28 current members of the General Assembly, pertinent opinions of
29 Pennsylvania's courts and formal opinions of the Attorney
30 General.
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1 (b) Upon a finding that the regulation is consistent with
2 the statutory authority of the agency and with the intention of
3 the General Assembly in the enactment of the statute upon which
4 the regulation is based, the commission shall consider the
5 following in determining whether the regulation is in the public
6 interest:
7 (1) Economic or fiscal impacts of the regulation, which
8 include the following:
9 (i) Direct and indirect costs to the Commonwealth,
10 to its political subdivisions and to the private sector.
11 (ii) Adverse effects on prices of goods and
12 services, productivity or competition.
13 (iii) The nature of required reports, forms or other
14 paperwork and the estimated cost of their preparation by
15 individuals, businesses and organizations in the public
16 and private sectors.
17 (iv) The nature and estimated cost of legal,
18 consulting or accounting services which the public or
19 private sector may incur.
20 (v) The impact on the public interest of exempting
21 or setting lesser standards of compliance for individuals
22 or small businesses when it is lawful, desirable and
23 feasible to do so.
24 (2) The protection of the public health, safety and
25 welfare and the effect on this Commonwealth's natural
26 resources. The data used as the basis of a regulation is
27 acceptable data.
28 (3) The clarity, feasibility and reasonableness of the
29 regulation to be determined by considering the following:
30 (i) Possible conflict with or duplication of
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1 statutes or existing regulations.
2 (ii) Clarity and lack of ambiguity.
3 (iii) Need for the regulation.
4 (iv) Reasonableness of requirements, implementation
5 procedures and timetables for compliance by the public
6 and private sectors.
7 (v) Whether acceptable data is the basis of the
8 regulation.
9 (4) Whether the regulation represents a policy decision
10 of such a substantial nature that it requires legislative
11 review.
12 (5) Comments, objections or recommendations of a
13 committee.
14 (6) Compliance with the provisions of this act or the
15 regulations of the commission in promulgating the regulation.
16 (7) Whether the regulation is supported by acceptable
17 data.
18 Section 4. This act shall take effect in 60 days.
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