| 1 | 1 | | HB421 |
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| 2 | 2 | | 215312-12 |
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| 3 | 3 | | By Representative Allen 3 |
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| 4 | 4 | | RFD: State Government 4 |
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| 5 | 5 | | First Read: 11-JAN-22 5 |
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| 6 | 6 | | |
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| 7 | 7 | | Page 0 215312-1:n:10/19/2021:LK/tgw LSA2021-21281 |
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| 8 | 8 | | 2 |
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| 9 | 9 | | 3 |
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| 10 | 10 | | 4 |
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| 11 | 11 | | 5 |
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| 12 | 12 | | 6 |
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| 13 | 13 | | 7 |
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| 14 | 14 | | SYNOPSIS: Existing law relating to the adoption of new8 |
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| 15 | 15 | | rules by agencies grants the Joint Committee on9 |
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| 16 | 16 | | Administrative Regulation Review discretionary10 |
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| 17 | 17 | | authority to approve, disapprove, or recommend11 |
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| 18 | 18 | | changes to an agency's proposed rule, or to render12 |
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| 19 | 19 | | no action and approve an agency's proposed rule by13 |
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| 20 | 20 | | implication.14 |
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| 21 | 21 | | The existing review process for proposed15 |
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| 22 | 22 | | rules also requires that: (1) proposed rules that16 |
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| 23 | 23 | | have an economic impact on businesses must be17 |
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| 24 | 24 | | accompanied by a Business Impact Analysis detailing18 |
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| 25 | 25 | | the proposed rule's estimated impact on businesses;19 |
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| 26 | 26 | | and (2) proposed rules that have any economic20 |
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| 27 | 27 | | impact must be accompanied by a fiscal note21 |
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| 28 | 28 | | detailing the rule's impact on the state, its22 |
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| 29 | 29 | | governmental and non-governmental entities, and its23 |
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| 30 | 30 | | residents, generally. The joint committee, upon24 |
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| 31 | 31 | | receipt of these materials, may exercise its25 |
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| 32 | 32 | | discretionary power to require the agency to26 |
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| 33 | 33 | | Page 1 consider the feasibility of alternatives with less1 |
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| 34 | 34 | | economic impact.2 |
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| 35 | 35 | | This bill would set a minimum threshold for3 |
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| 36 | 36 | | a proposed rule's economic impact where, if the4 |
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| 37 | 37 | | total costs estimated within the fiscal note5 |
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| 38 | 38 | | detailing the proposed rule's impact exceeds a $16 |
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| 39 | 39 | | million threshold, the rule shall not take effect7 |
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| 40 | 40 | | absent a joint resolution of approval by the8 |
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| 41 | 41 | | Legislature, or submission to the joint committee9 |
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| 42 | 42 | | for approval of a germane modification to the rule10 |
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| 43 | 43 | | to reduce costs below the threshold. If that11 |
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| 44 | 44 | | estimate exceeds $750,000, the Legislative Services12 |
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| 45 | 45 | | Agency, Fiscal Division, would perform an analysis13 |
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| 46 | 46 | | of the veracity and accuracy of the fiscal note.14 |
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| 47 | 47 | | This bill would also allow any member of the15 |
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| 48 | 48 | | Legislature or the joint committee to request that16 |
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| 49 | 49 | | the joint committee require an agency to prepare17 |
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| 50 | 50 | | and submit a Business Impact Analysis.18 |
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| 51 | 51 | | 19 |
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| 52 | 52 | | A BILL20 |
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| 53 | 53 | | TO BE ENTITLED21 |
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| 54 | 54 | | AN ACT22 |
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| 55 | 55 | | 23 |
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| 56 | 56 | | Relating to administrative procedure; to amend24 |
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| 57 | 57 | | Sections 41-22-5.1, 41-22-5.2, and 41-22-23 of the Code of25 |
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| 58 | 58 | | Alabama 1975; to set a minimum threshold for a proposed rule's26 |
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| 59 | 59 | | economic impact; to set measures to reduce the cost of27 |
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| 60 | 60 | | Page 2 proposed rules below that threshold; to require approval by1 |
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| 61 | 61 | | the Joint Committee on Administrative Regulation Review for2 |
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| 62 | 62 | | any rule with costs above that threshold to take effect; and3 |
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| 63 | 63 | | to allow a member of the Legislature to petition the joint4 |
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| 64 | 64 | | committee to request a Business Impact Analysis without5 |
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| 65 | 65 | | prompting by a business.6 |
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| 66 | 66 | | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:7 |
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| 67 | 67 | | Section 1. Sections 41-22-5.1, 41-22-5.2, and8 |
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| 68 | 68 | | 41-22-23, Code of Alabama 1975, are amended to read as9 |
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| 69 | 69 | | follows:10 |
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| 70 | 70 | | "§41-22-5.1.11 |
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| 71 | 71 | | "(a) This section and Section 41-22-5.2 shall be12 |
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| 72 | 72 | | known and may be cited as "The Red Tape Reduction Act."13 |
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| 73 | 73 | | "(b) When an agency files a notice of intent to14 |
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| 74 | 74 | | adopt, amend, or repeal any rule, the agency shall make its15 |
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| 75 | 75 | | best efforts to notify the public of the proposed rule. At a16 |
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| 76 | 76 | | minimum, when the agency files the notice of intent, the17 |
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| 77 | 77 | | agency shall post the text of the rule the agency proposes to18 |
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| 78 | 78 | | adopt, amend, or repeal on its website or, if the agency has19 |
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| 79 | 79 | | no website, on a website operated or maintained by the20 |
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| 80 | 80 | | executive branch. Additionally, when the agency files a notice21 |
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| 81 | 81 | | of intent to adopt, amend, or repeal a rule, the agency shall22 |
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| 82 | 82 | | electronically notify any person who has registered with the23 |
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| 83 | 83 | | agency his or her desire to receive notification of any24 |
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| 84 | 84 | | proposal by the agency to adopt, amend, or repeal a rule.25 |
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| 85 | 85 | | "(c) If, prior to the end of the notice period, a26 |
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| 86 | 86 | | business notifies an agency that it will be negatively27 |
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| 87 | 87 | | Page 3 impacted by an action proposed under subsection (b), the1 |
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| 88 | 88 | | agency shall prepare and submit to the committee the2 |
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| 89 | 89 | | information provided by the affected business as well as a3 |
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| 90 | 90 | | business impact analysis of the proposed action. The analysis4 |
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| 91 | 91 | | shall estimate the number of businesses subject to the5 |
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| 92 | 92 | | agency's proposal as well as the projected reporting,6 |
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| 93 | 93 | | recordkeeping, and other administrative costs required for7 |
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| 94 | 94 | | compliance with the proposal. An agency shall prepare the8 |
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| 95 | 95 | | business impact analysis using information available to the9 |
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| 96 | 96 | | agency in the normal course of business and utilizing the10 |
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| 97 | 97 | | expertise and experience of existing agency employees. 11 |
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| 98 | 98 | | "(d) If, prior to the end of the notice period, any12 |
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| 99 | 99 | | member of the Legislature or the joint committee notifies the13 |
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| 100 | 100 | | committee that he or she wishes the agency to prepare and14 |
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| 101 | 101 | | submit to the committee a business impact analysis as15 |
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| 102 | 102 | | described in subsection (c), the committee may, upon a16 |
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| 103 | 103 | | majority vote of the committee, require the agency to prepare17 |
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| 104 | 104 | | and submit the statement.18 |
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| 105 | 105 | | "(d) (e) After receiving a business impact analysis19 |
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| 106 | 106 | | from an agency, the committee may require the agency to20 |
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| 107 | 107 | | analyze and report to the committee the feasibility of some or21 |
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| 108 | 108 | | all of the following methods of reducing the impact of the22 |
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| 109 | 109 | | rule on businesses:23 |
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| 110 | 110 | | "(1) The establishment of less stringent compliance24 |
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| 111 | 111 | | or reporting requirements for businesses.25 |
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| 112 | 112 | | Page 4 "(2) The establishment of less stringent schedules1 |
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| 113 | 113 | | or deadlines for compliance or reporting requirements for2 |
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| 114 | 114 | | businesses.3 |
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| 115 | 115 | | "(3) The consolidation or simplification of4 |
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| 116 | 116 | | compliance or reporting requirements for businesses.5 |
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| 117 | 117 | | "(4) The establishment of performance standards for6 |
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| 118 | 118 | | businesses to replace design or operational standards required7 |
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| 119 | 119 | | in the rule.8 |
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| 120 | 120 | | "(e) (f) The agency shall state in the business9 |
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| 121 | 121 | | impact analysis whether the proposed rule is proposed as a10 |
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| 122 | 122 | | result of a requirement issued by a federal agency or11 |
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| 123 | 123 | | self-regulatory organization or an act of the Legislature to12 |
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| 124 | 124 | | administer a non-discretionary tax, license, fee, or penalty .13 |
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| 125 | 125 | | If so, the agency shall submit information identifying the14 |
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| 126 | 126 | | specific requirement issued by the federal agency or15 |
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| 127 | 127 | | self-regulatory organization or required by an act of the16 |
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| 128 | 128 | | Legislature.17 |
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| 129 | 129 | | "(f) (g) A business impact analysis required to be18 |
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| 130 | 130 | | filed pursuant to this section shall be filed with the19 |
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| 131 | 131 | | Legislative Services Agency, Legal Division, at the same time20 |
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| 132 | 132 | | as the certified rule is filed and shall be available for21 |
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| 133 | 133 | | public inspection.22 |
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| 134 | 134 | | "(g) (h) Each agency that files a business impact23 |
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| 135 | 135 | | analysis, at the time it is filed, shall place that statement24 |
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| 136 | 136 | | on its website in a location that is easily accessible by the25 |
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| 137 | 137 | | general public, or, if the agency does not have a website, on26 |
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| 138 | 138 | | a website operated or maintained by the executive branch.27 |
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| 139 | 139 | | Page 5 "(h) (i) If the committee determines that an agency1 |
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| 140 | 140 | | or a division of an agency exists primarily to perform2 |
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| 141 | 141 | | certification or licensing-related functions, the agency is3 |
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| 142 | 142 | | not required to comply with this section unless the committee4 |
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| 143 | 143 | | determines in writing that an agency's proposal has such a5 |
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| 144 | 144 | | negative impact on businesses that the filing of a business6 |
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| 145 | 145 | | impact analysis is warranted. Notwithstanding subsection (c)7 |
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| 146 | 146 | | of Section 41-22-6, which provides that a rule is effective 458 |
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| 147 | 147 | | days after notice that the agency filed the certified rule9 |
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| 148 | 148 | | with the Legislative Services Agency, Legal Division, is10 |
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| 149 | 149 | | published in the Alabama Administrative Monthly, in any case11 |
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| 150 | 150 | | in which the committee determines that the filing of a12 |
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| 151 | 151 | | business impact analysis is warranted as provided in this13 |
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| 152 | 152 | | section, the effective date of the rule shall be 45 additional14 |
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| 153 | 153 | | days after the effective date specified in subsection (c) of15 |
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| 154 | 154 | | Section 41-22-6. In all other respects, the remainder of this16 |
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| 155 | 155 | | chapter shall continue to apply to the proposed rule.17 |
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| 156 | 156 | | "(i) (j) An agency or department shall fulfill any18 |
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| 157 | 157 | | request for license or permit within 28 (30) calendar days19 |
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| 158 | 158 | | after receiving the application or notify the applicant of the20 |
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| 159 | 159 | | reason for failure to issue the license or permit.21 |
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| 160 | 160 | | "(j) (k) An agency is not required to comply with22 |
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| 161 | 161 | | this section if the proposed rule is being adopted in order23 |
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| 162 | 162 | | for the agency to comply with membership requirements in a24 |
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| 163 | 163 | | multi-state or national membership organization.25 |
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| 164 | 164 | | Page 6 "(k) (l) This section shall not apply to the1 |
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| 165 | 165 | | adoption of an emergency rule adopted pursuant to subsection2 |
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| 166 | 166 | | (b) of Section 41-22-5.3 |
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| 167 | 167 | | "§41-22-5.2.4 |
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| 168 | 168 | | "(a) Within five years of July 1, 2013, and every5 |
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| 169 | 169 | | five years thereafter, each agency shall review all agency6 |
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| 170 | 170 | | rules existing on that date to determine whether the rules7 |
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| 171 | 171 | | should be continued without change, or should be amended or8 |
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| 172 | 172 | | rescinded , and shall certify that the agency completed the9 |
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| 173 | 173 | | review to the Legislative Services Agency, Legal Division . The10 |
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| 174 | 174 | | agency may indicate compliance with the requirements of this11 |
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| 175 | 175 | | section by filing a notice in the Alabama Administrative12 |
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| 176 | 176 | | Monthly certifying its compliance. If the head of the agency13 |
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| 177 | 177 | | determines that completion of the review of existing rules is14 |
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| 178 | 178 | | not feasible by the established date, the agency shall publish15 |
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| 179 | 179 | | a statement certifying that determination.16 |
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| 180 | 180 | | "(b) A rule adopted after July 1, 2013, shall be17 |
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| 181 | 181 | | reviewed every five years in a manner consistent with18 |
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| 182 | 182 | | subsection (a).19 |
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| 183 | 183 | | "(b) If an agency does not certify that the agency20 |
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| 184 | 184 | | has reviewed its rules within each five-year period pursuant21 |
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| 185 | 185 | | to subsection (a), the agency shall not adopt any new rules22 |
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| 186 | 186 | | within each five-year period pursuant to subsection (a),23 |
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| 187 | 187 | | unless those new rules are required to be adopted,24 |
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| 188 | 188 | | implemented, or amended pursuant to a requirement issued by a25 |
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| 189 | 189 | | federal agency, federal law, self-regulatory organization, or26 |
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| 190 | 190 | | required by an act of the Legislature.27 |
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| 191 | 191 | | Page 7 "§41-22-23.1 |
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| 192 | 192 | | "(a) The notice required by subdivision (a)(1) of2 |
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| 193 | 193 | | Section 41-22-5 shall be given, in addition to the persons3 |
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| 194 | 194 | | named in the notice, to each member of the committee and such4 |
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| 195 | 195 | | other persons in the legislative department as the committee5 |
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| 196 | 196 | | requires. The form of the proposed rule presented to the6 |
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| 197 | 197 | | committee shall be as follows: New language shall be7 |
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| 198 | 198 | | underlined and language to be deleted shall be typed and lined8 |
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| 199 | 199 | | through. The notice may be provided in an electronic format.9 |
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| 200 | 200 | | "(b)(1) Within the 45-day period between the date of10 |
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| 201 | 201 | | publication in the Alabama Administrative Monthly that a rule11 |
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| 202 | 202 | | has been certified and the date it becomes effective, and12 |
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| 203 | 203 | | subject to subsection (h) of Section 41-22-5.1, the committee13 |
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| 204 | 204 | | shall study all proposed rules and may hold public hearings.14 |
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| 205 | 205 | | The committee may adopt a policy providing when a public15 |
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| 206 | 206 | | hearing will be held on a rule meeting specified criteria. In16 |
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| 207 | 207 | | the event the committee fails to give notice to the agency of17 |
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| 208 | 208 | | either its approval or disapproval of the proposed rule within18 |
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| 209 | 209 | | 45 days after the notice is published in the Alabama19 |
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| 210 | 210 | | Administrative Monthly that the rule has been certified and20 |
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| 211 | 211 | | filed with the Legislative Services Agency, Legal Division,21 |
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| 212 | 212 | | pursuant to Section 41-22-6, the committee shall be deemed to22 |
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| 213 | 213 | | have approved the proposed rule for the purposes of this23 |
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| 214 | 214 | | section.24 |
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| 215 | 215 | | (2) In the event the committee disapproves a25 |
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| 216 | 216 | | proposed rule or any part thereof, it shall give notice of the26 |
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| 217 | 217 | | disapproval to the agency. The disapproval of any rule may be27 |
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| 218 | 218 | | Page 8 appealed to the Lieutenant Governor in writing by the agency1 |
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| 219 | 219 | | that submitted the rule within 15 days of disapproval. The2 |
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| 220 | 220 | | Office of the Lieutenant Governor shall stamp the written3 |
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| 221 | 221 | | appeal to denote the date the appeal was received. If the4 |
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| 222 | 222 | | disapproval of a rule is appealed to the Lieutenant Governor,5 |
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| 223 | 223 | | the Lieutenant Governor, within the 15 days after the notice6 |
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| 224 | 224 | | of appeal of the disapproval of the rule is filed, may review7 |
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| 225 | 225 | | the rule and hold public hearings he or she determines8 |
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| 226 | 226 | | necessary.9 |
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| 227 | 227 | | "(3) If the Lieutenant Governor sustains the10 |
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| 228 | 228 | | disapproval of the rule, he or she shall notify the committee11 |
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| 229 | 229 | | and return the rule to the agency and the disapproval shall be12 |
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| 230 | 230 | | final.13 |
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| 231 | 231 | | "(4) If the Lieutenant Governor approves the rule,14 |
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| 232 | 232 | | he or she shall notify the chair of the committee. The rule15 |
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| 233 | 233 | | shall become effective upon adjournment of the next regular16 |
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| 234 | 234 | | session of the Legislature that commences after the approval17 |
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| 235 | 235 | | unless, prior to that time, the Legislature adopts a joint18 |
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| 236 | 236 | | resolution that overrules the approval by the Lieutenant19 |
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| 237 | 237 | | Governor and sustains the action of the committee.20 |
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| 238 | 238 | | "(5) If the Lieutenant Governor fails to either21 |
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| 239 | 239 | | approve or disapprove the rule within the 15 days after the22 |
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| 240 | 240 | | notice of appeal of the disapproval of the committee, the rule23 |
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| 241 | 241 | | shall be deemed approved and the rule shall become effective24 |
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| 242 | 242 | | upon adjournment of the next regular session of the25 |
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| 243 | 243 | | Legislature that commences after the deemed approval unless,26 |
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| 244 | 244 | | prior to that time, the Legislature adopts a joint resolution27 |
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| 245 | 245 | | Page 9 that overrides the deemed approval of the Lieutenant Governor1 |
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| 246 | 246 | | and sustains the action of the committee. In the event the2 |
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| 247 | 247 | | Office of the Lieutenant Governor is vacant, a rule3 |
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| 248 | 248 | | disapproved by the committee shall be suspended until the4 |
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| 249 | 249 | | adjournment of the next regular session of the Legislature5 |
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| 250 | 250 | | following the disapproval. The rule shall be reinstated on6 |
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| 251 | 251 | | adjournment of that regular session unless the Legislature, by7 |
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| 252 | 252 | | joint resolution, sustains the disapproval.8 |
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| 253 | 253 | | "(c) The committee may propose an amendment to any9 |
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| 254 | 254 | | proposed rule and return it to the agency with the suggested10 |
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| 255 | 255 | | amendment. In the event the agency accepts the rule as11 |
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| 256 | 256 | | amended, the agency may resubmit the rule as amended to the12 |
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| 257 | 257 | | committee and the rule shall become effective on the date13 |
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| 258 | 258 | | specified in the rule, or on the date the amended rule is14 |
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| 259 | 259 | | submitted, whichever is later. In the event the agency does15 |
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| 260 | 260 | | not accept the amendment, the proposed amended rule shall be16 |
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| 261 | 261 | | deemed disapproved, as provided in subsection (b).17 |
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| 262 | 262 | | "(d) An agency may withdraw a proposed or certified18 |
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| 263 | 263 | | rule. An agency may resubmit a rule so withdrawn or returned19 |
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| 264 | 264 | | under this section with minor modification. Such a rule is a20 |
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| 265 | 265 | | new filing and subject to this section but is not subject to21 |
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| 266 | 266 | | further notice as provided in subsection (a) of Section22 |
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| 267 | 267 | | 41-22-5.23 |
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| 268 | 268 | | "(e) The committee is authorized to review and24 |
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| 269 | 269 | | approve or disapprove any rule adopted prior to October 1,25 |
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| 270 | 270 | | 1982.26 |
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| 271 | 271 | | Page 10 "(f) A rule submitted to the committee which has an1 |
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| 272 | 272 | | economic impact shall be accompanied by a fiscal note prepared2 |
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| 273 | 273 | | by the agency and include a specific dollar amount of3 |
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| 274 | 274 | | anticipated economic impact in accordance with this4 |
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| 275 | 275 | | subsection. The fiscal note shall be resubmitted with any5 |
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| 276 | 276 | | changes when filing the certified rule. For any fiscal note6 |
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| 277 | 277 | | anticipating seven hundred fifty thousand dollars ($750,000)7 |
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| 278 | 278 | | or more of implementation and compliance costs, the8 |
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| 279 | 279 | | Legislative Services Agency, Fiscal Division, within 21 days9 |
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| 280 | 280 | | of certification of the rule, shall provide to the committee a10 |
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| 281 | 281 | | brief analysis of the accuracy and veracity of the agency's11 |
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| 282 | 282 | | fiscal note and anticipated economic impact. Upon receiving12 |
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| 283 | 283 | | the fiscal note, and analysis, if any, the committee may13 |
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| 284 | 284 | | require additional information from the submitting agency,14 |
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| 285 | 285 | | other state agencies, or other sources. A state agency shall15 |
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| 286 | 286 | | cooperate and provide information to the committee. At a16 |
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| 287 | 287 | | minimum, the fiscal note submitted with a proposed rule shall17 |
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| 288 | 288 | | include the following:18 |
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| 289 | 289 | | "(1) A determination of the need for the rule and19 |
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| 290 | 290 | | the expected benefit of the rule.20 |
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| 291 | 291 | | "(2) A determination of the costs and benefits21 |
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| 292 | 292 | | associated with the rule and an explanation of why the rule is22 |
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| 293 | 293 | | considered to be the most cost effective, efficient, and23 |
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| 294 | 294 | | feasible means for allocating public and private resources and24 |
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| 295 | 295 | | for achieving the stated purpose.25 |
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| 296 | 296 | | "(3) The effect of the rule on competition.26 |
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| 297 | 297 | | Page 11 "(4) The effect of the rule on the cost of living1 |
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| 298 | 298 | | and doing business in the geographical area in which the rule2 |
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| 299 | 299 | | would be implemented.3 |
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| 300 | 300 | | "(5) The effect of the rule on employment in the4 |
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| 301 | 301 | | geographical area in which the rule would be implemented.5 |
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| 302 | 302 | | "(6) The source of revenue to be used for6 |
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| 303 | 303 | | implementing and enforcing the rule.7 |
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| 304 | 304 | | "(7) A conclusion on the short-term and long-term8 |
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| 305 | 305 | | economic impact upon all persons substantially affected by the9 |
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| 306 | 306 | | rule, including an analysis containing a description of which10 |
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| 307 | 307 | | persons will bear the costs of the rule and which persons will11 |
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| 308 | 308 | | benefit directly and indirectly from the rule.12 |
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| 309 | 309 | | "(8) The uncertainties associated with the13 |
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| 310 | 310 | | estimation of particular benefits and burdens and the14 |
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| 311 | 311 | | difficulties involved in the comparison of qualitatively and15 |
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| 312 | 312 | | quantitatively dissimilar benefits and burdens. A16 |
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| 313 | 313 | | determination of the need for the rule shall consider17 |
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| 314 | 314 | | qualitative and quantitative benefits and burdens.18 |
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| 315 | 315 | | "(9) The effect of the rule on the environment and19 |
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| 316 | 316 | | public health.20 |
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| 317 | 317 | | "(10) The detrimental effect on the environment and21 |
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| 318 | 318 | | public health if the rule is not implemented.22 |
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| 319 | 319 | | "(11) Whether the proposed rule is proposed as a23 |
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| 320 | 320 | | result of a requirement issued by a federal agency or24 |
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| 321 | 321 | | self-regulatory organization or required to be adopted,25 |
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| 322 | 322 | | implemented, or amended by an act of the Legislature to26 |
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| 323 | 323 | | administer a non-discretionary tax, license, fee, or penalty.27 |
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| 324 | 324 | | Page 12 "(g)(1) If the total economic impact estimated1 |
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| 325 | 325 | | within the fiscal note submitted with a certified rule exceeds2 |
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| 326 | 326 | | one million dollars ($1,000,000) in implementation and3 |
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| 327 | 327 | | compliance costs, or if the Legislative Services Agency,4 |
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| 328 | 328 | | Fiscal Division determines that the estimated economic impact5 |
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| 329 | 329 | | exceeds one million dollars ($1,000,000) in implementation and6 |
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| 330 | 330 | | compliance costs, the rule shall not take effect unless a7 |
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| 331 | 331 | | joint resolution of approval is passed by the Legislature or a8 |
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| 332 | 332 | | modification is approved by the joint committee pursuant9 |
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| 333 | 333 | | subdivision (2). This subdivision shall not apply to rules10 |
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| 334 | 334 | | required to be adopted, implemented, or amended as a result of11 |
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| 335 | 335 | | a change in federal law, a requirement issued by a federal12 |
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| 336 | 336 | | agency or self-regulatory organization, or as a result of an13 |
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| 337 | 337 | | act of the Legislature to administer a non-discretionary tax,14 |
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| 338 | 338 | | license, fee, or penalty.15 |
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| 339 | 339 | | "(2) The agency may submit to the committee for16 |
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| 340 | 340 | | approval a germane modification to the rule to reduce the17 |
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| 341 | 341 | | economic impact below one million dollars ($1,000,000); if the18 |
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| 342 | 342 | | committee approves the proposed amendment, the rule shall take19 |
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| 343 | 343 | | effect as amended. The agency, in modifying the certified20 |
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| 344 | 344 | | rule, shall consider the following criteria: 21 |
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| 345 | 345 | | "a. The establishment of less stringent compliance22 |
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| 346 | 346 | | or reporting requirements for businesses, governmental23 |
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| 347 | 347 | | entities, and individuals.24 |
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| 348 | 348 | | "b. The establishment of less stringent schedules or25 |
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| 349 | 349 | | deadlines for compliance or reporting requirements for26 |
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| 350 | 350 | | businesses, governmental entities, and individuals.27 |
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| 351 | 351 | | Page 13 "c. The consolidation or simplification of1 |
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| 352 | 352 | | compliance or reporting requirements for businesses,2 |
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| 353 | 353 | | governmental entities, and individuals.3 |
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| 354 | 354 | | "d. The establishment of performance standards for4 |
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| 355 | 355 | | businesses or governmental entities to replace design or5 |
|---|
| 356 | 356 | | operational standards required in the bill.6 |
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| 357 | 357 | | "(g) (h) In determining whether to approve or7 |
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| 358 | 358 | | disapprove proposed rules, the committee shall consider the8 |
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| 359 | 359 | | following criteria:9 |
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| 360 | 360 | | "(1) Is there a statutory authority for the proposed10 |
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| 361 | 361 | | rule?11 |
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| 362 | 362 | | "(2) Would the absence of the rule or rules12 |
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| 363 | 363 | | significantly harm or endanger the public health, safety, or13 |
|---|
| 364 | 364 | | welfare?14 |
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| 365 | 365 | | "(3) Is there a reasonable relationship between the15 |
|---|
| 366 | 366 | | state's police power and the protection of the public health,16 |
|---|
| 367 | 367 | | safety, or welfare?17 |
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| 368 | 368 | | "(4) Is there another, less restrictive method of18 |
|---|
| 369 | 369 | | regulation available that could adequately protect the public?19 |
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| 370 | 370 | | "(5) Does the rule or do the rules have the effect20 |
|---|
| 371 | 371 | | of directly or indirectly increasing the costs of any goods or21 |
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| 372 | 372 | | services involved and, if so, to what degree?22 |
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| 373 | 373 | | "(6) Is the increase in cost, if any, more harmful23 |
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| 374 | 374 | | to the public than the harm that might result from the absence24 |
|---|
| 375 | 375 | | of the rule or rules?25 |
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| 376 | 376 | | Page 14 "(7) Are the qualitative and quantitative benefits1 |
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| 377 | 377 | | to businesses, governmental entities, and individuals2 |
|---|
| 378 | 378 | | outweighed by the estimated burden?3 |
|---|
| 379 | 379 | | "(7) (8) Are all facets of the rulemaking process4 |
|---|
| 380 | 380 | | designed solely for the purpose of, and so they have, as their5 |
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| 381 | 381 | | primary effect, the protection of the public?6 |
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| 382 | 382 | | "(8) (9) Any other criteria the committee may deem7 |
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| 383 | 383 | | appropriate."8 |
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| 384 | 384 | | Section 2. This act shall become effective on the9 |
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| 385 | 385 | | first day of the third month following its passage and10 |
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| 386 | 386 | | approval by the Governor, or its otherwise becoming law.11 |
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| 387 | 387 | | Page 15 |
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