Section 745.5 - Proposed regulations; procedures for review(a) On the same date that an agency submits a proposed regulation to the Legislative Reference Bureau for publication of notice of proposed rulemaking in the Pennsylvania Bulletin as required by the Commonwealth Documents Law, the agency shall submit to the commission and the committees a copy of the proposed regulation and a regulatory analysis form which includes the following: (1) The title of the agency and the names, office addresses and telephone numbers of the agency officials responsible for responding to questions regarding the regulation or for receiving comments relating to the regulation.(1.1) A specific citation to the Federal or State statutory or regulatory authority or the decision of a Federal or State court under which the agency is proposing the regulation, which the regulation is designed to implement or which may mandate or affect compliance with the regulation.(2) A concise and, when possible, nontechnical explanation of the proposed regulation.(3) A statement of the need for the regulation.(4) Estimates of the direct and indirect costs to the Commonwealth, to its political subdivisions and to the private sector. Insofar as the proposed regulation relates to costs to the Commonwealth, the agency may submit in lieu of its own statement the fiscal note prepared by the Office of the Budget pursuant to section 612 of the act of April 9, 1929 (P.L. 177, No. 175), known as "The Administrative Code of 1929."(5) A statement of legal, accounting or consulting procedures and additional reporting, recordkeeping or other paperwork, including copies of forms or reports, which will be required for implementation of the regulation and an explanation of measures which have been taken to minimize these requirements.(7) A schedule for review of the proposed regulation, including the date by which the agency must receive comments; the date or dates on which public hearings will be held; the expected date of promulgation of the proposed regulation as a final-form regulation; the expected effective date of the final-form regulation; the date by which compliance with the final- form regulation will be required; and the date by which required permits, licenses or other approvals must be obtained.(9) An identification of the types of persons, small businesses, businesses and organizations which would be affected by the regulation.(10) An identification of the financial, economic and social impact of the regulation on individuals, small businesses, business and labor communities and other public and private organizations and, when practicable, an evaluation of the benefits expected as a result of the regulation.(10.1) For any proposed regulation that may have an adverse impact on small businesses, an economic impact statement that includes the following:(i) An identification and estimate of the number of the small businesses subject to the proposed regulation.(ii) The projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulation, including the type of professional skills necessary for preparation of the report or record.(iii) A statement of the probable effect on impacted small businesses.(iv) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation.(11) A description of any special provisions which have been developed to meet the particular needs of affected groups and persons, including minorities, the elderly, small businesses and farmers.(12) A description of any alternative regulatory provisions which have been considered and rejected and a statement that the least burdensome acceptable alternative has been selected.(12.1) A regulatory flexibility analysis in which the agency shall, where consistent with health, safety, environmental and economic welfare, consider utilizing regulatory methods that will accomplish the objectives of applicable statutes while minimizing adverse impact on small businesses. The agency shall consider, without limitation, each of the following methods of reducing the impact of the proposed regulation on small businesses:(i) the establishment of less stringent compliance or reporting requirements for small businesses;(ii) the establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses;(iii) the consolidation or simplification of compliance or reporting requirements for small businesses;(iv) the establishment of performance standards for small businesses to replace design or operational standards required in the proposed regulation; and(v) the exemption of small businesses from all or any part of the requirements contained in the proposed regulation.(13) A description of the plan developed for evaluating the continuing effectiveness of the regulation after its implementation.(14) A description of any data upon which a regulation is based with a detailed explanation of how the data was obtained and why the data is acceptable data. An agency advocating that any data is acceptable data shall have the burden of proving that the data is acceptable.(b) The requirements of subsection (a) shall not diminish the requirements of section 201 of the Commonwealth Documents Law, but the information required by this section may be included in the Notice of Proposed Rulemaking published in the Pennsylvania Bulletin in lieu of the information required by paragraphs (2) and (3) ofsection 201 of the Commonwealth Documents Law. The agency shall hold a public comment period which shall commence with the publication of the notice of proposed rulemaking and shall continue for not less than 30 days unless section 203(1) or (2) of the Commonwealth Documents Law applies.(c) From the date of submission of the proposed regulation, the agency shall submit to the commission and the committees, within five business days of receipt, a copy of comments which the agency receives relating to the proposed regulation. The agency shall also, upon request, submit to the commission and the committees copies of reports from advisory groups and other documents received from or disseminated to the public relating to the proposed regulation and public notices or announcements relating to solicitation of public comments or meetings which the agency held or will hold relating to the proposed regulation.(d) The committees may, at any time prior to the submittal of the regulation in final-form, convey to the agency and the commission their comments, recommendations and objections to the proposed regulation and a copy of any staff reports deemed pertinent. The comments, recommendations and objections may refer to the criteria in section 5.2. (e) Deleted by 2002, Dec. 6, P.L. 1227, No. 148, § 2, effective in 60 days.(f) An agency may not submit a proposed regulation to the committees for review during the period from the end of the legislative session in an even-numbered year to the date by which both committees have been designated in the next succeeding legislative session, but an agency may submit a proposed regulation and the material required under subsection (a) to the commission and the Legislative Reference Bureau during this period in accordance with subsection (a). The public comment period shall commence with the publication of the notice of proposed rulemaking and end on the date designated by the agency under subsection (b). The agency shall submit the proposed regulation and required material to the committees no later than the second Monday after the date by which both committee designations have been published in the Pennsylvania Bulletin. If the agency does not deliver the proposed regulation and all material required under this section in the time prescribed in this subsection, the agency shall be deemed to have withdrawn the proposed regulation.(g) The commission may, within thirty days after the close of the public comment period, convey to the agency and committees any comments, recommendations and objections to the proposed regulation. The comments, recommendations and objections shall specify the regulatory review criterion set forth in section 5.2 which the proposed regulation has not met. If the commission does not comment on, make recommendations regarding or object to any portion of the proposed regulation within the time provided in this subsection, the commission shall be deemed to have approved that portion of the proposed regulation. Disapproval of the final-form regulation by the commission shall relate only to comments, recommendations and objections raised by the commission to the proposed regulation; to changes which the agency made to the proposed regulation; or to recommendations, comments or objections which a committee conveyed to the agency or the commission.(h) The commission shall provide comments to the agency if the required submissions under subsection (a)(9), (10), (10.1) and (12.1) demonstrate an adverse impact on small businesses.Amended by P.L. 657 2012 No. 76, § 3, eff. 8/28/2012.1982, June 25, P.L. 633, No. 181, § 5, effective March 1, 1983. Amended 1982, Dec. 9, P.L. 1023, No. 238, § 1, imd. effective. Reenacted and amended 1986, Feb. 21, P.L. 47, No. 16, § 1, imd. effective; 1989, June 30, P.L. 73, No. 19, § 1, retroactive effective Dec. 31, 1988. Amended 1997, June 25, P.L. 252, No. 24, § 2, imd. effective; 2002, Dec. 6, P.L. 1227, No. 148, § 2, effective in 60 days; 2011, July 7, P.L. 277, No. 60, § 2, effective in 60 days [Sept. 6, 2011].