HB 1598 — An Act amending the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, further providing for definitions, for proposed regulations and procedures for review and for final-form regulations and final-omitted regulations and procedures for review; providing for regulations deemed withdrawn; further providing for procedures for subsequent review of disapproved final-form or final-omitted regulations; and providing for concurrent resolution required for economically significant regulations.

PRINTER'S NO.     1911

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1598
                                               Session of
                                                 2025

     INTRODUCED BY KEPHART, HAMM, D'ORSIE, GREINER, MENTZER,
        STAMBAUGH, DIAMOND, STENDER, KAUFFMAN, ARMANINI, SCIALABBA,
        GROVE, KUTZ, ZIMMERMAN, FINK, RASEL AND HEFFLEY,
        JUNE 11, 2025

     REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS AND
        OPERATIONS, JUNE 11, 2025


                                    AN ACT
 1   Amending the act of June 25, 1982 (P.L.633, No.181), entitled
 2      "An act providing for independent oversight and review of
 3      regulations, creating an Independent Regulatory Review
 4      Commission, providing for its powers and duties and making
 5      repeals," further providing for definitions, for proposed
 6      regulations and procedures for review and for final-form
 7      regulations and final-omitted regulations and procedures for
 8      review; providing for regulations deemed withdrawn; further
 9      providing for procedures for subsequent review of disapproved
10      final-form or final-omitted regulations; and providing for
11      concurrent resolution required for economically significant
12      regulations.
13      The General Assembly of the Commonwealth of Pennsylvania
14   hereby enacts as follows:
15      Section 1.    The definition of "regulation" in section 3 of
16   the act of June 25, 1982 (P.L.633, No.181), known as the
17   Regulatory Review Act, is amended and the section is amended by
18   adding definitions to read:
19   Section 3.   Definitions.
20      The following words and phrases when used in this act shall
21   have, unless the context clearly indicates otherwise, the
 1   meanings given to them in this section:
 2      * * *
 3      "Economically significant regulation."   A regulation that, if
 4   promulgated and implemented, may reasonably be expected to
 5   result in direct or indirect cost to the Commonwealth, to its
 6   political subdivisions and to the private sector in excess of
 7   $1,000,000 on an annual basis.
 8      * * *
 9      "Legislative day."   A day when both houses of the General
10   Assembly are in voting session.
11      * * *
12      "Regulation."   Any rule or regulation, or order in the nature
13   of a rule or regulation, promulgated or permit issued by an
14   agency under statutory authority in the administration of any
15   statute administered by or relating to the agency or amending,
16   revising or otherwise altering the terms and provisions of an
17   existing regulation or permit, or prescribing the practice or
18   procedure before such agency. The term shall also include
19   actions of the Liquor Control Board which have an effect on the
20   discount rate for retail licensees. The term shall not include a
21   proclamation, executive order, directive or similar document
22   issued by the Governor, but shall include a regulation which may
23   be promulgated by an agency, only with the approval of the
24   Governor.
25      * * *
26      Section 2.   Section 5(a)(1.1) and (4) of the act are amended
27   and the section is amended by adding subsections to read:
28   Section 5.   Proposed regulations; procedures for review.
29      (a)   On the same date that an agency submits a proposed
30   regulation to the Legislative Reference Bureau for publication

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 1   of notice of proposed rulemaking in the Pennsylvania Bulletin as
 2   required by the Commonwealth Documents Law, the agency shall
 3   submit to the commission and the committees a copy of the
 4   proposed regulation and a regulatory analysis form which
 5   includes the following:
 6          * * *
 7          (1.1)   A specific citation to the Federal or State
 8      statutory or regulatory authority or the decision of a
 9      Federal or State court under which the agency is proposing
10      the regulation, which the regulation is designed to implement
11      or which may mandate or affect compliance with the
12      regulation. In the case of a citation of State statutory
13      authority, the citation must be to a provision of the statute
14      that explicitly states that the agency may promulgate
15      regulations for the specific purpose cited in the statement
16      of need for the regulation under paragraph (3).
17          * * *
18          (4)   Estimates of the direct and indirect costs to the
19      Commonwealth, to its political subdivisions and to the
20      private sector. [Insofar as the proposed regulation relates
21      to costs to the Commonwealth, the agency may submit in lieu
22      of its own statement the fiscal note prepared by the Office
23      of the Budget pursuant to section 612 of the act of April 9,
24      1929 (P.L.177, No.175), known as "The Administrative Code of
25      1929."] The estimates shall be prepared by the Independent
26      Fiscal Office and submitted to the agency for inclusion in
27      the regulatory analysis form and shall include an estimate of
28      the annual costs to be used to determine whether the
29      regulation is an economically significant regulation.
30          * * *

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 1      (d.1)     The committees shall, during the public comment
 2   period, conduct a public hearing to receive comments regarding a
 3   proposed economically significant regulation. The agency shall
 4   appear at the hearing if requested to do so by the chair of the
 5   committee.
 6      * * *
 7      (i)   All forms required for implementation of a regulation
 8   must be included with the regulatory analysis form when
 9   submitted to the Legislative Reference Bureau, the committees
10   and the commission under subsection (a).
11      (j)   The commission shall transmit comments regarding the
12   cost estimates required under subsection (a)(4) to the
13   Independent Fiscal Office for review.
14      Section 3.    Section 5.1(e), (j.2), (j.3) and (l) of the act
15   are amended to read:
16   Section 5.1.    Final-form regulations and final-omitted
17                 regulations; procedures for review.
18      * * *
19      (e)   The commission may have until its next scheduled meeting
20   which occurs no less than 30 days after receipt of the final-
21   form or final-omitted regulation to approve or disapprove the
22   final-form or final-omitted regulation. Notwithstanding
23   subsections (j.1) and (j.2), at any time prior to 24 hours
24   before the commission's meeting to consider a regulation, a
25   committee may notify the commission and the agency that the
26   committee disapproves or intends to further review the final-
27   form regulation. If notified by a committee that the committee
28   disapproves of a regulation, the commission may not approve or
29   disapprove the regulation for a period of 30 days or nine
30   legislative days, whichever is longer. If notified by a

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 1   committee that the committee intends to further review a final-
 2   form regulation, the commission may not approve or disapprove
 3   the regulation for a period of 14 days or six legislative days,
 4   whichever is longer. The commission shall notify the agency and
 5   the committees of its approval or disapproval. If the commission
 6   does not disapprove the final-form or final-omitted regulation
 7   within the time allotted in this subsection, the commission
 8   shall be deemed to have approved the final-form or final-omitted
 9   regulation.
10      * * *
11      (j.2)    (1)   At any time during the commission's review period
12      up to 24 hours prior to the opening of the commission's
13      public meeting, a committee may notify the commission and the
14      agency that it has approved or disapproved a final-form or
15      final-omitted regulation or that it intends to review the
16      regulation.
17          (2)    If the commission approves a regulation and a
18      committee has not notified the commission and the agency that
19      it has disapproved the regulation or that it intends to
20      review the regulation, the agency may promulgate the
21      regulation. If the commission approves a regulation and a
22      committee has notified the commission and the agency that it
23      has disapproved the regulation or that it intends to review
24      the regulation, the agency may not promulgate the regulation
25      for 14 days or six legislative days, whichever is longer,
26      after the committee has received the commission's approval
27      order.
28          (3)    During [this 14-day period] the period established
29      under paragraph (2), the committee may take action on the
30      regulation pursuant to section 7(d). If at the expiration of

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

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 1   the period from the adjournment sine die or expiration of the
 2   legislative session of an even-numbered year to the date by
 3   which both committees have been designated in the next
 4   succeeding legislative session. This subsection shall not apply
 5   to emergency-certified regulations adopted pursuant to the
 6   provisions of section 6(d).
 7      * * *
 8      (l)   Except for emergency-certified regulations adopted under
 9   section 6(d), an agency may not promulgate a regulation until
10   completion of the review provided for in this act[.] and, if the
11   regulation is an economically significant regulation, the
12   General Assembly adopts a resolution under section 7.2 and the
13   Governor signs the resolution.
14      Section 4.    The act is amended by adding a section to read:
15   Section 5.3.    Regulations deemed withdrawn.
16      A regulation shall be deemed withdrawn if there is no
17   provision of a State statute which explicitly states that the
18   agency may promulgate regulations for the specific purpose cited
19   in the statement of need for the regulation under section 5(a)
20   (3) and the regulatory analysis form submitted for the
21   regulation does not comply with the requirements of section 5(a)
22   (1.1).
23      Section 5.    Section 7(d) of the act is amended to read:
24   Section 7.   Procedures for subsequent review of disapproved
25                final-form or final-omitted regulations.
26      * * *
27      (d)   Upon receipt of the commission's order pursuant to
28   subsection (c.1) or at the expiration of the commission's review
29   period if the commission does not act on the regulation or does
30   not deliver its order pursuant to subsection (c.1), [one] the

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 1   following apply:
 2          (1)   One or both of the committees may, within 14
 3      calendar days or six legislative days, whichever is longer,
 4      report to the House of Representatives or Senate a concurrent
 5      resolution and notify the agency. During the [14-calendar-
 6      day] period specified in this paragraph, the agency may not
 7      promulgate the final-form or final-omitted regulation. If, by
 8      the expiration of the [14-calendar-day] period specified in
 9      this paragraph, neither committee reports a concurrent
10      resolution, the committees shall be deemed to have approved
11      the final-form or final-omitted regulation, and the agency
12      may promulgate that regulation.
13          (2)   If either committee reports a concurrent resolution
14      before the expiration of the [14-day] period specified in
15      paragraph (1), the [Senate and the House of Representatives]
16      chamber to which the concurrent resolution is reported shall
17      [each] have 30 calendar days or ten legislative days,
18      whichever is longer, from the date on which the concurrent
19      resolution has been reported, to adopt the concurrent
20      resolution[.] and transmit it to the other chamber. The other
21      chamber shall have 30 calendar days or ten legislative days,
22      whichever is longer, from the date on which the concurrent
23      resolution has been transmitted, to adopt the concurrent
24      resolution.
25          (3)   If the General Assembly adopts the concurrent
26      resolution by majority vote in both the Senate and the House
27      of Representatives within 60 calendar days or 20 legislative
28      days, whichever is longer, from the date on which a
29      concurrent resolution has been reported out by a committee,
30      the concurrent resolution shall be presented to the Governor

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

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 1      concurrent resolution and the General Assembly does not
 2      override the Governor's veto, the agency may promulgate the
 3      final-form or final-omitted regulation.
 4            (10)    The General Assembly may, at its discretion, adopt
 5      a concurrent resolution disapproving the final-form or final-
 6      omitted regulation to indicate the intent of the General
 7      Assembly but permit the agency to promulgate that regulation.
 8      Section 6.      The act is amended by adding a section to read:
 9   Section 7.2.      Concurrent resolution required for economically
10                   significant regulations.
11      (a)   If the commission issues an order to approve a final-
12   form regulation or final-omitted regulation that is an
13   economically significant regulation or if the agency decides to
14   proceed with a final-form regulation or final-omitted regulation
15   that is an economically significant regulation for which the
16   commission issued a disapproval order, the agency shall submit a
17   copy of the order and, if applicable, the agency's response to
18   the Senate and the House of Representatives and shall request a
19   concurrent resolution approving the regulation. The concurrent
20   resolution shall be referred to the applicable standing
21   committee of the Senate and the applicable standing committee of
22   the House of Representatives. A concurrent resolution that is
23   reported from the standing committee of the Senate shall be
24   placed on the Senate calendar. A concurrent resolution that is
25   reported from the standing committee of the House of
26   Representatives shall be placed on the House calendar. The
27   Senate and the House of Representatives shall each have 30
28   calendar days or ten legislative days, whichever is longer, from
29   the date on which the agency requested the concurrent resolution
30   to consider the concurrent resolution. If the General Assembly

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1   does not adopt the concurrent resolution in the time prescribed
2   in this subsection, the final-form regulation or final-omitted
3   regulation shall be deemed not approved and the regulation shall
4   not take effect.
5      (b)   This section shall not apply to emergency-certified
6   regulations adopted under section 6(d).
7      Section 7.   This act shall apply to any regulation prepared
8   in final form on or after the effective date of this section.
9      Section 8.   This act shall take effect in 60 days.




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