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PA Bulletin, Doc. No. 01-2224

RULES AND REGULATIONS

Title 4--ADMINISTRATION

OFFICE OF THE BUDGET

[4 PA. CODE CH. 7]

Fiscal Notes

[31 Pa.B. 6799]

   The Office of the Budget (OB), by this order, adopts the amendments to Chapter 7, Subchapter R (relating to fiscal notes) under section 612 of The Administrative Code of 1929 (71 P. S. § 232) (Administrative Code) to read as set forth in Annex A.

   The proposed amendments were published at 30 Pa.B. 5967 (November 18, 2000). No comments were received and there are no changes to the published proposed rulemaking.

Purpose

   These regulatory changes 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 Subchapter R so that it conforms 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 regulatory changes codify 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 amendments will not have any additional fiscal impact on the Commonwealth.

Paperwork

   The amendments will not increase paperwork for the public or the Commonwealth.

Effective Date

   The amendments will become effective upon publication in the Pennsylvania Bulletin.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 8, 2001, the OB submitted a copy of the proposed rulemaking to IRRC and the Chairpersons of the Senate and House Appropriations Committees for review and comment. The OB also provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the OB.

   The OB prepared the final-form rulemaking with no comments received from IRRC, the Committees or the public.

   Under section 5.1(d) if the Regulatory Review Act (71 P. S. § 745.5a(d)), on September 25, 2001, this final-form rulemaking was deemed approved by the Committees. The regulations were deemed approved by IRRC under section 5(g) of the Independent Regulatory Review Act, effective September 18, 2001.

Findings

   The OB finds that:

   (1)  Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The adoption of these regulations in the manner provided in this order is necessary and appropriate for the administration and enforcement of the Administrative Code.

Order

   The OB, acting under the authority contained in section 612 of the Administrative Code orders that:

   (a)  The regulations of the OB, 4 Pa. Code Chapter 7, are amended by amending §§ 7.232 and 7.234 and by deleting §§ 7.233 and 7.235 to read as set forth in Annex A.

   (b)  The Secretary of the OB shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to form and legality as required by law.

   (c)  The Secretary of the OB shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.

ROBERT A. BITTENBENDER,   
Secretary

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 31 Pa.B. 5622 (October 6, 2001).)

   Fiscal Note:  Fiscal Note 9-1 remains valid for the final adoption of the subject regulations.

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:

   (1)  Executive orders of the Governor, except those which have no general applicability and legal effect or are effective only against Commonwealth agencies or persons in their capacity as officers, agents or employes thereof.

   (2)  Administrative and other regulations.

   (3)  Statements of policy which are general and permanent in nature.

   (4)  Notice of rule changes and notices related to Federally required changes and changes in fee structure.

§ 7.233.  (Reserved).

§ 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)  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.

   (b)  The Secretary of the Budget will review or have reviewed each fiscal note before publication in the Pennsylvania Bulletin. The Secretary will, as appropriate, include recommendations and the reasons therefore.

   (c)  The Legislative Reference Bureau shall publish information contained in fiscal notes required by this subchapter.

§ 7.235.  (Reserved).

[Pa.B. Doc. No. 01-2224. Filed for public inspection December 14, 2001, 9:00 a.m.]


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