PROPOSED RULEMAKING
OFFICE OF THE BUDGET
[4 PA. CODE CH. 7]
Fiscal Notes
[30 Pa.B. 5967] The Office of the Budget (OB), under authority contained in section 612 of The Administrative Code of 1929 (71 P. S. § 232), proposes to amend Chapter 7, Subchapter R (relating to fiscal notes to read as set forth in Annex A.
Purpose of Proposed Amendments
This regulatory change will clarify the process that agencies must follow to ensure that fiscal notes accompany every regulatory action and administrative procedure published in the Pennsylvania Bulletin.
The OB is updating the regulations so that they conform with the present practice of writing fiscal notes.
Explanation of Regulatory Requirements
Administrative departments, boards, commissions and authorities receiving money from the State Treasury are required to provide fiscal notes with every regulatory action and administrative procedure published in the Pennsylvania Bulletin. The proposed regulatory change codifies the current practice of writing fiscal notes.
Agencies that are required to submit a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) shall submit to the OB one copy of the Regulatory Analysis Form and one copy of the regulatory action or administrative procedure, or changes thereto. Agencies that are not required to submit a Regulatory Analysis Form to IRRC for a regulatory action or administrative procedure shall submit the following information to the OB:
(i) One copy of each regulatory action or administrative procedure
(ii) The designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made and the line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds will occur as a result of the action or procedures.
(iii) The probable cost for the fiscal year the program is implemented and a projected cost estimate of the program for each of the 5 succeeding fiscal years.
(iv) The probable loss of revenue for the fiscal year of its implementation and a projected loss of revenue from the program for each of the 5 succeeding fiscal years.
(v) The 3 year fiscal history of the program for which expenditures are to be made.
The enumerated information is also required to be submitted for Executive Orders, Statements of Policy and notice of rule changes and notices related to Federally required changes and changes in fee structure.
The OB reviews the regulatory action or administrative procedure, or changes thereto, and writes a fiscal note explaining its economic impact. The OB sends the fiscal note to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
Fiscal Impact
The OB has determined that the proposed amendments will not have any additional fiscal impact on the Commonwealth.
Paperwork
The proposed amendments will not increase paperwork for the public or the Commonwealth.
Effective Date
The proposed amendments, if approved upon final rulemaking, will become effective upon publication in the Pennsylvania Bulletin.
Contact Person
Interested persons are invited to submit written comments, objections or suggestions about the proposed amendments to Pamela F. Cross, Office of the Budget, Legal Office, 7th Floor Bell Tower, 303 Walnut Street, Harrisburg, PA 17101-1808 within 30 days after the date of the publication of this notice in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the OB submitted a copy of the proposed amendments on November 8, 2000, to IRRC and the Chairpersons of the Senate and House Appropriations Committees. In addition to submitting the proposed amendments, the OB has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the OB. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the OB within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria that have not been met by that portion. The Regulatory Review Act specifiesdetailed procedures for review by the OB, the Governor and the General Assembly to review these objections before final publication of the regulations.
ROBERT BITTENBENDER,
SecretaryFiscal Note: 9-1. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART I. GOVERNOR'S OFFICE
CHAPTER 7. MISCELLANEOUS PROVISIONS
Subchapter R. FISCAL NOTES § 7.232. Definitions.
Regulatory actions and administrative procedures consist of the following:
* * * * * (4) Notice of rule changes and notices related to Federally required changes and changes in fee structure.
§ 7.233. [Publishing of fiscal notes] (Reserved).
[(a) Except as noted in subsection (b), fiscal notes are to be published once for each regulatory action or administrative procedure, and changes thereto, appearing in the Pennsylvania Bulletin, as follows:
(1) When the initial text of a regulatory action or administrative procedure is published with notice of proposed rulemaking.
(2) When a regulatory action or administrative procedure is published in final text without notice of proposed rulemaking.
(b) When a proposed regulatory action or administrative procedure is modified to such a degree following notice of proposed rulemaking that the original fiscal note is no longer applicable, a new fiscal note shall be published with the final text of the regulatory action or administrative procedure.]
§ 7.234. Responsibilities
(a) Agencies required by § 7.231 (relating to policy) to publish fiscal notes are to establish procedures to insure that fiscal notes are included with regulatory actions and administrative procedures as follows:
[(1) Proposed regulatory action or administrative procedure. A fiscal note, in triplicate, and one copy of each proposed regulatory action or administrative procedure is to be delivered by the promulgating agency to the Office of the Budget at the time the proposed regulatory action or administrative procedure is deposited with the Legislative Reference Bureau or, if required, with the Department of Justice for review as to legality.
(2) Final regulatory action or administrative procedure. A fiscal note, in triplicate, and one copy of each final regulatory action or administrative procedure not subject to proposed rule making or a fiscal note, in triplicate, as required by § 7.233(b) (relating to publishing of fiscal notes) is to be delivered by the promulgating agency to the Office of the Budget at the time the final regulatory action or administrative procedure is deposited with the Department of Justice for review as to legality or, if Department of Justice review is not required, with the Legislative Reference Bureau.]
(1) Agencies that are required to submit a Regulatory Analysis Form to the Independent Regulatory Review Commission under the Regulatory Review Act (71 P. S. §§ 745.1--745.14) shall submit one copy of a Regulatory Analysis Form and one copy of the regulatory action or administrative procedure, or changes thereto, to the Office of the Budget prior to the time that the regulatory action or administrative procedure, is deposited with the Legislative Reference Bureau.
(2) Agencies that are not required to submit a Regulatory Analysis Form to the Independent Regulatory Review Commission for a regulatory action or administrative procedure shall submit the following information to the Office of the Budget:
(i) One copy of each regulatory action or administrative procedure.
(ii) The designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made and the line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds will occur as a result of the action or procedures.
(iii) The probable cost for the fiscal year the program is implemented and a projected cost estimate of the program for each of the 5 succeeding fiscal years.
(iv) The probable loss of revenue for the fiscal year of its implementation and a projected loss of revenue from the program for each of the 5 succeeding fiscal years.
(v) The 3-year fiscal history of the program for which expenditures are to be made.
* * * * * § 7.235. [Format of fiscal notes] (Reserved).
[(a) Fiscal notes shall be prepared on Form OA-536.
(b) The following guidelines are furnished for preparation of Form OA-536:
(1) Agency identification number. Each agency should cross-identify fiscal notes with regulations and administrative procedures by use of an identification system that includes the agency, year, and sequential numbers for the year. For example: Exec Bd-78-1 or Agric-78-14.
(2) If all four NO blocks, relating to loss of revenue or increased costs, are checked, complete only the next two items (FUND and APPROPRIATION).
(3) If loss of revenue or increased costs are applicable to political subdivisions, identify the FUND(S) blocks the subdivisions or classes of subdivisions to which the loss or increase will apply.
(4) The 3-year history of program cost is for the current and two immediately preceding years.
(5) Do not enter remarks in the block for the Budget Secretary's recommendations.
(6) Remove the two copies marked for the Legislative Reference Bureau. Complete the remaining sections on the Budget Office and Agency copies and forward the first three copies as shown in § 7.234 (relating to responsibilities).]
[Pa.B. Doc. No. 00-1981. Filed for public inspection November 17, 2000, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
