SB 333 — 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for final-form regulations and final-omitted regulations and procedures for review; providing for regulations deemed withdrawn; further providing for procedures for subsequent review of disapproved final-form or final-omitted regulations; and providing for concurrent resolution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.    302

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 333
                                               Session of
                                                 2025

     INTRODUCED BY KEEFER, PHILLIPS-HILL, STEFANO, MARTIN AND
        HUTCHINSON, FEBRUARY 28, 2025

     REFERRED TO INTERGOVERNMENTAL OPERATIONS, FEBRUARY 28, 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 8      review; providing for regulations deemed withdrawn; further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.    Section 3 of the act of June 25, 1982 (P.L.633,
16   No.181), known as the Regulatory Review Act, is amended by
17   adding definitions to read:
18   Section 3.   Definitions.
19      The following words and phrases when used in this act shall
20   have, unless the context clearly indicates otherwise, the
21   meanings given to them in this section:
22      * * *
23      "Economically significant regulation."    A regulation that, if
 1   promulgated and implemented, may reasonably be expected to
 2   result in direct or indirect cost to the Commonwealth, the
 3   Commonwealth's political subdivisions and the private sector in
 4   excess of $1,000,000 on an annual basis.
 5      * * *
 6      "Legislative day."     A day when both houses of the General
 7   Assembly are in voting session.
 8      * * *
 9      Section 2.    Section 5(a)(1.1) and (4) of the act are amended
10   and the section is amended by adding subsections to read:
11   Section 5.   Proposed regulations; procedures for review.
12      (a)   On the same date that an agency submits a proposed
13   regulation to the Legislative Reference Bureau for publication
14   of notice of proposed rulemaking in the Pennsylvania Bulletin as
15   required by the Commonwealth Documents Law, the agency shall
16   submit to the commission and the committees a copy of the
17   proposed regulation and a regulatory analysis form which
18   includes the following:
19            * * *
20            (1.1)   A specific citation to the Federal or State
21      statutory or regulatory authority or the decision of a
22      Federal or State court under which the agency is proposing
23      the regulation, which the regulation is designed to implement
24      or which may mandate or affect compliance with the
25      regulation. In the case of a citation of State statutory
26      authority, the citation must be to a provision of the statute
27      that explicitly states that the agency may promulgate
28      regulations for the specific purpose cited in the statement
29      of need for the regulation under paragraph (3).
30            * * *

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 1            (4)   Estimates of the direct and indirect costs to the
 2      Commonwealth, to its political subdivisions and to the
 3      private sector. [Insofar as the proposed regulation relates
 4      to costs to the Commonwealth, the agency may submit in lieu
 5      of its own statement the fiscal note prepared by the Office
 6      of the Budget pursuant to section 612 of the act of April 9,
 7      1929 (P.L.177, No.175), known as "The Administrative Code of
 8      1929."] The estimates shall be prepared by the Independent
 9      Fiscal Office and submitted to the agency for inclusion in
10      the regulatory analysis form and shall include an estimate of
11      the annual costs to be used to determine whether the
12      regulation is an economically significant regulation.
13            * * *
14      (d.1)     The committees shall, during the public comment
15   period, conduct a public hearing to receive comments regarding a
16   proposed economically significant regulation. The agency shall
17   appear at the hearing if requested by the chair of the
18   committee.
19      * * *
20      (i)   All forms required for implementation of a regulation
21   must be included with the regulatory analysis form when
22   submitted to the Legislative Reference Bureau, the committees
23   and the commission under subsection (a).
24      (j)   The commission shall transmit comments regarding the
25   cost estimates required under subsection (a)(4) to the
26   Independent Fiscal Office for review.
27      Section 3.     Section 5.1(e), (j.2), (j.3) and (l) of the act
28   are amended to read:
29   Section 5.1.     Final-form regulations and final-omitted
30                  regulations; procedures for review.

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 1      * * *
 2      (e)   The commission may have until its next scheduled meeting
 3   which occurs no less than 30 days after receipt of the final-
 4   form or final-omitted regulation to approve or disapprove the
 5   final-form or final-omitted regulation. Notwithstanding
 6   subsections (j.1) and (j.2), at any time prior to 24 hours
 7   before the commission's meeting to consider a regulation, a
 8   committee may notify the commission and the agency that the
 9   committee disapproves or intends to further review the final-
10   form regulation. If notified by a committee that the committee
11   disapproves of a regulation, the commission may not approve or
12   disapprove the regulation for a period of 30 days or nine
13   legislative days, whichever is longer. If notified by a
14   committee that the committee intends to further review a final-
15   form regulation, the commission may not approve or disapprove
16   the regulation for a period of 14 days or six legislative days,
17   whichever is longer. The commission shall notify the agency and
18   the committees of its approval or disapproval. If the commission
19   does not disapprove the final-form or final-omitted regulation
20   within the time allotted in this subsection, the commission
21   shall be deemed to have approved the final-form or final-omitted
22   regulation.
23      * * *
24      (j.2)   (1)   At any time during the commission's review period
25      up to 24 hours prior to the opening of the commission's
26      public meeting, a committee may notify the commission and the
27      agency that it has approved or disapproved a final-form or
28      final-omitted regulation or that it intends to review the
29      regulation.
30            (2)   If the commission approves a regulation and a

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 1      committee has not notified the commission and the agency that
 2      it has disapproved the regulation or that it intends to
 3      review the regulation, the agency may promulgate the
 4      regulation. If the commission approves a regulation and a
 5      committee has notified the commission and the agency that it
 6      has disapproved the regulation or that it intends to review
 7      the regulation, the agency may not promulgate the regulation
 8      for 14 days or six legislative days, whichever is longer,
 9      after the committee has received the commission's approval
10      order.
11          (3)    During [this 14-day period] the period established
12      under paragraph (2), the committee may take action on the
13      regulation pursuant to section 7(d). If at the expiration of
14      the [14-day] period established under paragraph (2) the
15      committee has not taken action on the regulation pursuant to
16      section 7(d), the agency may promulgate the regulation.
17      (j.3)    If the committees are prevented from completing their
18   [14-day] review during the period established under subsection
19   (j.2)(2) because of adjournment sine die or expiration of the
20   legislative session in an even-numbered year, their review of
21   the final-form or final-omitted regulation shall automatically
22   be suspended until the fourth Monday in January of the next
23   year. On that date, the agency shall resubmit the final-form or
24   final-omitted regulation and required material to the committees
25   and the commission. If either committee has not been designated
26   by the fourth Monday in January, the agency may not deliver the
27   final-form or final-omitted regulation and required material to
28   the committees and the commission until both committees are
29   designated. If the agency does not deliver the final-form or
30   final-omitted regulation and required material to the commission

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 1   and the committees by the second Monday after the date by which
 2   both committee designations have been published in the
 3   Pennsylvania Bulletin, the agency shall be deemed to have
 4   withdrawn the final-form or final-omitted regulation. In
 5   determining the remaining time for committee review, the number
 6   of days in which the committees have had the final-form or the
 7   final-omitted regulation under review as of the adjournment sine
 8   die or expiration of the prior session shall be subtracted from
 9   the [14-day] committee review period established under
10   subsection (j.2)(2), but the committee review period in the next
11   succeeding legislative session shall not be less than ten days.
12   An agency may not submit a final-form or final-omitted
13   regulation to the commission or the committees for review during
14   the period from the adjournment sine die or expiration of the
15   legislative session of an even-numbered year to the date by
16   which both committees have been designated in the next
17   succeeding legislative session. This subsection shall not apply
18   to emergency-certified regulations adopted pursuant to the
19   provisions of section 6(d).
20      * * *
21      (l)   Except for emergency-certified regulations adopted under
22   section 6(d), an agency may not promulgate a regulation until
23   completion of the review provided for in this act[.] and, if the
24   regulation is an economically significant regulation, the
25   General Assembly adopts a concurrent resolution under section
26   7.2.
27      Section 4.    The act is amended by adding a section to read:
28   Section 5.3.    Regulations deemed withdrawn.
29      A regulation shall be deemed withdrawn if there is no
30   provision of a State statute which explicitly states that the

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 1   agency may promulgate regulations for the specific purpose cited
 2   in the statement of need for the regulation under section 5(a)
 3   (3) and the regulatory analysis form submitted for the
 4   regulation does not comply with the requirements of section 5(a)
 5   (1.1).
 6      Section 5.     Section 7(d) of the act is amended to read:
 7   Section 7.     Procedures for subsequent review of disapproved
 8                  final-form or final-omitted regulations.
 9      * * *
10      (d)   Upon receipt of the commission's order pursuant to
11   subsection (c.1) or at the expiration of the commission's review
12   period if the commission does not act on the regulation or does
13   not deliver its order pursuant to subsection (c.1), [one] the
14   following apply:
15            (1)   One or both of the committees may, within 14
16      calendar days or six legislative days, whichever is longer,
17      report to the House of Representatives or Senate a concurrent
18      resolution and notify the agency. During the [14-calendar-
19      day] period specified in this paragraph, the agency may not
20      promulgate the final-form or final-omitted regulation. If, by
21      the expiration of the [14-calendar-day] period specified in
22      this paragraph, neither committee reports a concurrent
23      resolution, the committees shall be deemed to have approved
24      the final-form or final-omitted regulation, and the agency
25      may promulgate that regulation.
26            (2)   If either committee reports a concurrent resolution
27      before the expiration of the [14-day] period specified in
28      paragraph (1), the [Senate and the House of Representatives]
29      chamber to which the concurrent resolution is reported shall
30      [each] have 30 calendar days or ten legislative days,

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

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 1      subsection shall be published in the Pennsylvania Bulletin.
 2            (7)    The bar on promulgation of the final-form or final-
 3      omitted regulation shall continue until that regulation has
 4      been approved or deemed approved in accordance with this
 5      subsection.
 6            (8)    If the General Assembly adopts the concurrent
 7      resolution and the Governor approves or is deemed to have
 8      approved the concurrent resolution or if the General Assembly
 9      overrides the Governor's veto of the concurrent resolution,
10      the agency shall be barred from promulgating the final-form
11      or final-omitted regulation.
12            (9)    If the General Assembly does not adopt the
13      concurrent resolution or if the Governor vetoes the
14      concurrent resolution and the General Assembly does not
15      override the Governor's veto, the agency may promulgate the
16      final-form or final-omitted regulation.
17            (10)    The General Assembly may, at its discretion, adopt
18      a concurrent resolution disapproving the final-form or final-
19      omitted regulation to indicate the intent of the General
20      Assembly but permit the agency to promulgate that regulation.
21      Section 6.      The act is amended by adding a section to read:
22   Section 7.2.      Concurrent resolution required for economically
23                   significant regulations.
24      (a)   If the commission issues an order to approve a final-
25   form regulation or final-omitted regulation that is an
26   economically significant regulation or if the agency decides to
27   proceed with a final-form regulation or final-omitted regulation
28   that is an economically significant regulation for which the
29   commission issued a disapproval order, the agency shall submit a
30   copy of the order and, if applicable, the agency response to the

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




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