Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3891 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3477 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3891
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Nicholas A. Boldyga
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act enhancing legislative oversight of regulatory actions in Massachusetts.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Nicholas A. Boldyga3rd Hampden1/17/2025 1 of 3
16	16	HOUSE DOCKET, NO. 3477 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3891
18	18	By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 3891) of
19	19	Nicholas A. Boldyga relative to legislative oversight of certain regulatory actions. Rules of the
20	20	two branches, acting concurrently.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act enhancing legislative oversight of regulatory actions in Massachusetts.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Section 1. Definitions
30	30	2 As used in this act, the following words shall have the following meanings unless the
31	31	3context clearly requires otherwise:
32	32	4 (a) "Agency" means any department, commission, board, council, authority, or other
33	33	5body of the Commonwealth of Massachusetts, including executive offices, that has the authority
34	34	6to promulgate regulations.
35	35	7 (b) "Rule" means any regulation, standard, statement of policy, or other form of agency
36	36	8action that has the force and effect of law.
37	37	9 (c) "Legislature" means the General Court of the Commonwealth of Massachusetts,
38	38	10consisting of the Senate and the House of Representatives. 2 of 3
39	39	11 (d) "Major Rule" means a rule proposed by an agency which is likely to have an adverse
40	40	12impact on economic growth, private sector job creation or employment, or have a direct and
41	41	13significant adverse impact on businesses, including small businesses. A major rule is one that has
42	42	14an estimated economic impact of more than $1 million over five years, adjusted annually for
43	43	15inflation.
44	44	16 Section 2. Legislative Review of Major Rules
45	45	17 (a) Economic Impact Statement. Before proposing a major rule, an agency shall prepare
46	46	18an economic impact statement (EIS) that includes:
47	47	19 (1) An estimate of the economic impact of the rule on the state economy, job creation,
48	48	20and business costs, including small businesses.
49	49	21 (2) An analysis of alternative regulatory approaches and their associated costs.
50	50	22 (b) Legislative Ratification Required. No major rule shall be effective unless ratified by
51	51	23both branches of the Legislature. The agency shall submit the proposed rule and the EIS to the
52	52	24Clerk of the Senate and the Clerk of the House of Representatives for consideration by the
53	53	25legislature
54	54	26 (c) Legislative Process.
55	55	27 (1) The Legislature shall have the authority to review, approve, or reject the proposed
56	56	28major rule.
57	57	29 (2) Approval shall be by a concurrent resolution of both the Senate and the House, which
58	58	30must be passed within 90 days of the rule's submission or the rule shall be deemed disapproved. 3 of 3
59	59	31 (3) If the Legislature does not act within this period, the rule is considered disapproved.
60	60	32 (d) Emergency Rules. Rules necessary for the immediate preservation of the public
61	61	33peace, health, safety, or welfare may take effect immediately but must be submitted to the
62	62	34Legislature for ratification within 30 days.
63	63	35 Section 3. Public Participation and Transparency
64	64	36 (a) Agencies must provide opportunities for public comment on proposed major rules,
65	65	37including at least one public hearing.
66	66	38 (b) All economic impact statements, proposed rules, and legislative resolutions shall be
67	67	39made available online and in the State House library for public inspection.
68	68	40 Section 4. Judicial Review
69	69	41 (a) Any person adversely affected by a rule implemented under this act may seek judicial
70	70	42review in accordance with Massachusetts law to challenge the rule's validity on the grounds that
71	71	43it was not properly ratified or that its economic impact was miscalculated.
72	72	44 Section 5. Reporting
73	73	45 (a) Each agency shall annually report to the Legislature on the number of rules proposed,
74	74	46the number of major rules, and the outcomes of legislative ratification for those rules.