SB 553 — An Act amending the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, further providing for procedures for subsequent review of disapproved final-form or final-omitted regulations.

PRINTER'S NO.   547

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 553
                                               Session of
                                                 2025

     INTRODUCED BY DUSH, ROTHMAN, PENNYCUICK, STEFANO AND J. WARD,
        APRIL 4, 2025

     REFERRED TO INTERGOVERNMENTAL OPERATIONS, APRIL 4, 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 procedures for subsequent
 6      review of disapproved final-form or final-omitted
 7      regulations.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Section 7(d) of the act of June 25, 1982
11   (P.L.633, No.181), known as the Regulatory Review Act, is
12   amended and the section is amended by adding a subsection to
13   read:
14   Section 7.   Procedures for subsequent review of disapproved
15                final-form or final-omitted regulations.
16      * * *
17      (d)   Upon receipt of the commission's order pursuant to
18   subsection (c.1) or at the expiration of the commission's review
19   period if the commission does not act on the regulation or does
20   not deliver its order pursuant to subsection (c.1), one or both
 1   of the committees may, within 14 calendar days, report to the
 2   House of Representatives or Senate a concurrent resolution and
 3   notify the agency. During the 14-calendar-day period, the agency
 4   may not promulgate the final-form or final-omitted regulation.
 5   If, by the expiration of the 14-calendar-day period, neither
 6   committee reports a concurrent resolution, the committees shall
 7   be deemed to have approved the final-form or final-omitted
 8   regulation, and the agency may promulgate that regulation. If
 9   either committee reports a concurrent resolution before the
10   expiration of the 14-day period, the Senate and the House of
11   Representatives shall each have 30 calendar days or ten
12   legislative days, whichever is longer, from the date on which
13   the concurrent resolution has been reported, to adopt the
14   concurrent resolution. If the General Assembly adopts the
15   concurrent resolution by majority vote in both the Senate and
16   the House of Representatives, the concurrent resolution shall be
17   presented to the Governor in accordance with section 9 of
18   Article III of the Constitution of Pennsylvania. If the Governor
19   does not return the concurrent resolution to the General
20   Assembly within ten calendar days after it is presented, the
21   Governor shall be deemed to have approved the concurrent
22   resolution. If the Governor vetoes the concurrent resolution,
23   the General Assembly may override that veto by a two-thirds vote
24   in each house. The Senate and the House of Representatives shall
25   each have 30 calendar days or ten legislative days, whichever is
26   longer, to override the veto. If the General Assembly does not
27   adopt the concurrent resolution or override the veto in the time
28   prescribed in this subsection, it shall be deemed to have
29   approved the final-form or final-omitted regulation. Notice as
30   to any final disposition of a concurrent resolution considered

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 1   in accordance with this section shall be published in the
 2   Pennsylvania Bulletin. The bar on promulgation of the final-form
 3   or final-omitted regulation shall continue until that regulation
 4   has been approved or deemed approved in accordance with this
 5   subsection. If the General Assembly adopts the concurrent
 6   resolution and the Governor approves or is deemed to have
 7   approved the concurrent resolution or if the General Assembly
 8   overrides the Governor's veto of the concurrent resolution, the
 9   agency shall be barred from promulgating the final-form or
10   final-omitted regulation. An agency shall be prohibited from
11   reissuing the same regulation in the future, or promulgating a
12   regulation that is substantially similar, unless the new or
13   revised regulation is specifically authorized by a law enacted
14   after the date on which the concurrent resolution is approved or
15   deemed to be approved by the Governor or after the date on which
16   the General Assembly overrides the Governor's veto of the
17   concurrent resolution. If the General Assembly does not adopt
18   the concurrent resolution or if the Governor vetoes the
19   concurrent resolution and the General Assembly does not override
20   the Governor's veto, the agency may promulgate the final-form or
21   final-omitted regulation. The General Assembly may, at its
22   discretion, adopt a concurrent resolution disapproving the
23   final-form or final-omitted regulation to indicate the intent of
24   the General Assembly but permit the agency to promulgate that
25   regulation.
26      (e)   A committee may report a concurrent resolution to
27   initiate the repeal of any regulation currently in effect if the
28   committee conducts a public hearing on the matter prior to
29   reporting the concurrent resolution. If the General Assembly
30   adopts the concurrent resolution by majority vote in both the

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 1   Senate and the House of Representatives, the concurrent
 2   resolution shall be presented to the Governor in accordance with
 3   section 9 of Article III of the Constitution of Pennsylvania. If
 4   the Governor does not return the concurrent resolution to the
 5   General Assembly within ten calendar days after it is presented,
 6   the Governor shall be deemed to have approved the concurrent
 7   resolution. If the Governor vetoes the concurrent resolution,
 8   the General Assembly may override that veto by a two-thirds vote
 9   in each house. The Senate and the House of Representatives shall
10   each have 30 calendar days or ten legislative days, whichever is
11   longer, to override the veto. If the General Assembly does not
12   adopt the concurrent resolution or override the veto in the time
13   prescribed in this subsection, the regulation shall remain in
14   effect. An agency shall be prohibited from reissuing the same
15   regulation in the future, or promulgating a regulation that is
16   substantially similar, unless the new or revised regulation is
17   specifically authorized by a law enacted after the date on which
18   the concurrent resolution is approved or deemed to be approved
19   by the Governor or after the date on which the General Assembly
20   overrides the Governor's veto of the concurrent resolution.
21      Section 2.   This act shall take effect in 60 days.




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