HB 1601 — 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for final-form regulations and final-omitted regulations and procedures for review; providing for regulations deemed withdrawn; further providing for procedures for subsequent review of disapproved final-form or final-omitted regulations; and providing for concurrent resolution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.     1917

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1601
                                               Session of
                                                 2025

     INTRODUCED BY KEPHART, GREINER, STAMBAUGH, HAMM, DIAMOND,
        D'ORSIE, WALSH, BERNSTINE, STENDER, KUTZ, RASEL, MENTZER,
        SMITH, OLSOMMER AND T. JONES, JUNE 12, 2025

     REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS AND
        OPERATIONS, JUNE 16, 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 8      review; providing for regulations deemed withdrawn; further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
22   meanings given to them in this section:
 1      * * *
 2      "Economically significant regulation."   A regulation that, if
 3   promulgated and implemented, may reasonably be expected to
 4   result in direct or indirect cost to the Commonwealth, to its
 5   political subdivisions and to the private sector in excess of
 6   $1,000,000 on an annual basis.
 7      * * *
 8      "General permit."   A permit issued by the Department of
 9   Environmental Protection in accordance with the provisions of 33
10   U.S.C. Ch. 26 Subch. I (relating to research and related
11   programs), sections 1905-A, 1917-A and 1920-A of the act of
12   April 9, 1929 (P.L.177, No.175), known as The Administrative
13   Code of 1929, the act of June 22, 1937 (P.L.1987, No.394), known
14   as The Clean Streams Law, the act of July 7, 1980 (P.L.380,
15   No.97), known as the Solid Waste Management Act, and the act of
16   July 28, 1988 (P.L.556, No.101), known as the Municipal Waste
17   Planning, Recycling and Waste Reduction Act.
18      * * *
19      "Regulation."   Any rule or regulation, or order in the nature
20   of a rule or regulation, promulgated by an agency under
21   statutory authority in the administration of any statute
22   administered by or relating to the agency or amending, revising
23   or otherwise altering the terms and provisions of an existing
24   regulation, or prescribing the practice or procedure before such
25   agency. The term shall also include actions of the Liquor
26   Control Board which have an effect on the discount rate for
27   retail licensees. The term shall not include a proclamation,
28   executive order, directive or similar document issued by the
29   Governor, but shall include a regulation which may be
30   promulgated by an agency, only with the approval of the

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 1   Governor. The term includes revisions to a general permit.
 2      * * *
 3      Section 2.     Section 5(a)(1.1) and (4) of the act are amended
 4   and the section is amended by adding subsections to read:
 5   Section 5.     Proposed regulations; procedures for review.
 6      (a)   On the same date that an agency submits a proposed
 7   regulation to the Legislative Reference Bureau for publication
 8   of notice of proposed rulemaking in the Pennsylvania Bulletin as
 9   required by the Commonwealth Documents Law, the agency shall
10   submit to the commission and the committees a copy of the
11   proposed regulation and a regulatory analysis form which
12   includes the following:
13            * * *
14            (1.1)   A specific citation to the Federal or State
15      statutory or regulatory authority or the decision of a
16      Federal or State court under which the agency is proposing
17      the regulation, which the regulation is designed to implement
18      or which may mandate or affect compliance with the
19      regulation. In the case of a citation of State statutory
20      authority, the citation must be to a provision of the statute
21      that explicitly states that the agency may promulgate
22      regulations for the specific purpose cited in the statement
23      of need for the regulation under paragraph (3).
24            * * *
25            (4)   Estimates of the direct and indirect costs to the
26      Commonwealth, to its political subdivisions and to the
27      private sector. [Insofar as the proposed regulation relates
28      to costs to the Commonwealth, the agency may submit in lieu
29      of its own statement the fiscal note prepared by the Office
30      of the Budget pursuant to section 612 of the act of April 9,

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 1      1929 (P.L.177, No.175), known as "The Administrative Code of
 2      1929."] The estimates shall be prepared by the Independent
 3      Fiscal Office and submitted to the agency for inclusion in
 4      the regulatory analysis form and shall include an estimate of
 5      the annual costs to be used to determine whether the
 6      regulation is an economically significant regulation.
 7            * * *
 8      (d.1)     The committees shall, during the public comment
 9   period, conduct a public hearing to receive comments regarding a
10   proposed economically significant regulation. The agency shall
11   appear at the hearing if requested to do so by the chair of the
12   committee.
13      * * *
14      (i)   All forms required for implementation of a regulation
15   must be included with the regulatory analysis form when
16   submitted to the Legislative Reference Bureau, the committees
17   and the commission under subsection (a).
18      Section 3.     Section 5.1(e), (j.2), (j.3) and (l) of the act
19   are amended to read:
20   Section 5.1.     Final-form regulations and final-omitted
21                 regulations; procedures for review.
22      * * *
23      (e)   The commission may have until its next scheduled meeting
24   which occurs no less than 30 days after receipt of the final-
25   form or final-omitted regulation to approve or disapprove the
26   final-form or final-omitted regulation. Notwithstanding
27   subsections (j.1) and (j.2), at any time prior to 24 hours
28   before the commission's meeting to consider a regulation, a
29   committee may notify the commission and the agency that the
30   committee disapproves or intends to further review the final-

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

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

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

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

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 1    of Representatives within 60 calendar days or 20 legislative
 2    days, whichever is longer, from the date on which a
 3    concurrent resolution has been reported out by a committee,
 4    the concurrent resolution shall be presented to the Governor
 5    in accordance with section 9 of Article III of the
 6    Constitution of Pennsylvania.
 7        (4)   If the Governor does not return the concurrent
 8    resolution to the General Assembly within ten calendar days
 9    after it is presented, the Governor shall be deemed to have
10    approved the concurrent resolution.
11        (5)   If the Governor vetoes the concurrent resolution,
12    the General Assembly may override that veto by a two-thirds
13    vote in each house. The Senate and the House of
14    Representatives shall each have 30 calendar days or ten
15    legislative days, whichever is longer, to override the veto.
16    If the General Assembly does not adopt the concurrent
17    resolution or override the veto in the time prescribed in
18    this [subsection] paragraph, it shall be deemed to have
19    approved the final-form or final-omitted regulation.
20        (6)   Notice as to any final disposition of a concurrent
21    resolution considered in accordance with this [section]
22    subsection shall be published in the Pennsylvania Bulletin.
23        (7)   The bar on promulgation of the final-form or final-
24    omitted regulation shall continue until that regulation has
25    been approved or deemed approved in accordance with this
26    subsection.
27        (8)   If the General Assembly adopts the concurrent
28    resolution and the Governor approves or is deemed to have
29    approved the concurrent resolution or if the General Assembly
30    overrides the Governor's veto of the concurrent resolution,

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

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 1   Senate and the House of Representatives shall each have 30
 2   calendar days or ten legislative days, whichever is longer, from
 3   the date on which the agency requested the concurrent resolution
 4   to consider the concurrent resolution. The Governor shall have
 5   10 days from the date that the General Assembly adopts the
 6   concurrent resolution to sign the concurrent resolution. If the
 7   General Assembly does not adopt or the Governor does not sign
 8   the concurrent resolution in the time prescribed in this
 9   subsection, the final-form regulation or final-omitted
10   regulation shall be deemed not approved and the regulation shall
11   not take effect.
12      (b)   This section shall not apply to emergency-certified
13   regulations adopted under section 6(d).
14      Section 7.   This act shall apply to any regulation prepared
15   in final form on or after the effective date of this section.
16      Section 8.   This act shall take effect in 60 days.




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