Subchapter R. FISCAL NOTES
Sec.
7.231. Policy.
7.232. Definitions.
7.233. [Reserved].
7.234. Responsibilities.
7.235. [Reserved].
Source The provisions of this Subchapter R adopted January 12, 1979, 9 Pa.B. 129; amended December 14, 2001, effective December 15, 2001, 31 Pa.B. 6799, unless otherwise noted.
§ 7.231. Policy.
Administrative departments, boards, commissions and authorities receiving money from the State Treasury shall provide fiscal notes with every regulatory action and administrative procedure published in the Pennsylvania Bulletin.
Cross References This section cited in and 4 Pa. Code § 7.234 (relating to responsibilities).
§ 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].
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