PRINTER'S NO. 409
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 438
Session of
2025
INTRODUCED BY PHILLIPS-HILL, ROTHMAN, J. WARD AND DUSH,
MARCH 17, 2025
REFERRED TO INTERGOVERNMENTAL OPERATIONS, MARCH 17, 2025
AN ACT
1 Providing for regulatory compliance.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the State Agency
6 Regulatory Compliance Officer Act.
7 Section 2. Findings and declarations.
8 The General Assembly finds and declares as follows:
9 (1) It is the purpose of this act for agencies to work
10 collaboratively with, instead of acting punitively toward,
11 regulated communities.
12 (2) Agencies should strive to make the regulations which
13 the agencies administer and enforce as clear and easily
14 navigable as possible for regulated communities.
15 (3) In administering a regulation, an agency's primary
16 goal should be to ensure compliance rather than to exact
17 punishment.
 1 Section 3. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Agency." As defined in section 3 of the act of June 25,
6 1982 (P.L.633, No.181), known as the Regulatory Review Act.
7 "Regulated entity." An entity regulated by an agency.
8 Section 4. Powers and duties.
9 Each agency shall have the following powers and duties:
10 (1) To designate an employee as the agency's regulatory
11 compliance officer.
12 (2) To empower the regulatory compliance officer under
13 paragraph (1) to develop agency policies and initiatives to
14 further the purpose of this act, including:
15 (i) Educating affected regulated entities on the
16 implementation of new or amended statutes and regulations
17 prior to the effective date of implementation, to the
18 extent practicable and during implementation.
19 (ii) Establishing clear channels of communication
20 through which regulated entities can contact the agency
21 with questions or concerns regarding regulations.
22 (iii) Working with regulated entities to resolve
23 noncompliance issues before imposition of penalties.
24 (iv) Providing a detailed explanation of each
25 regulatory requirement under the agency's jurisdiction,
26 including expectations for compliance, guidelines for
27 measuring compliance and the primary benefit of each
28 requirement.
29 (3) To empower the regulatory compliance officer to
30 issue to any person, upon the person's request, an opinion
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 1 with respect to the person's duties under a regulation of the
2 agency. The following shall apply:
3 (i) The opinion shall be provided within 20 business
4 days of the request, provided that the time may be
5 extended for good cause.
6 (ii) It shall be a complete defense in any
7 enforcement proceeding initiated by the agency and
8 evidence of good faith conduct in any other civil or
9 criminal proceeding if:
10 (A) the requester, at least 20 business days
11 prior to the alleged violation, requested an opinion
12 from the agency's regulatory compliance officer in
13 good faith, disclosed truthfully all the material
14 facts and committed the acts complained of in
15 reliance on the advice in an opinion issued under
16 this paragraph; or
17 (B) the regulatory compliance officer failed to
18 provide an opinion within 20 business days, or any
19 later extended time, of the request and the committed
20 acts complained of were the subject of the request.
21 (4) To empower the regulation compliance officer to
22 establish guidelines for waiving fines or penalties that the
23 officer's agency would be authorized to impose on a regulated
24 entity for a violation of a statute or regulation that the
25 agency enforces if the entity reports a violation to the
26 regulatory compliance officer before a fine or penalty is
27 imposed on the entity. In order to be eligible for a waiver
28 of fines or penalties, the regulated entity must report to
29 the regulatory compliance officer the steps the entity has
30 taken or will take to remedy the violation.
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 1 (5) To empower the regulatory compliance officer to
2 request and obtain any information or advice from other staff
3 of the agency that the officer may need to fulfill the duties
4 of the regulation compliance officer position.
5 (6) To establish clear channels of communication through
6 which persons seeking to become a regulated entity can
7 contact the agency with questions or concerns relating to
8 starting a business and future compliance with regulations.
9 Section 5. Annual report.
10 No later than January 31 of each year, each agency shall
11 submit to the General Assembly an annual report detailing all of
12 the following:
13 (1) The progress made by the agency and the regulatory
14 compliance officer in the preceding calendar year toward
15 compliance with this act.
16 (2) The number of regulated entities served.
17 (3) The type of regulated entities served.
18 Section 6. Effective date.
19 This act shall take effect in 60 days.
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