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Legislative Year: 2021 Change
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Bill Detail: SB21-163

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Title Cost-benefit Analysis For Rules Additional Requirements
Status Senate Committee on Business, Labor, & Technology Postpone Indefinitely (03/24/2021)
Bill Subjects
  • State Government
House Sponsors
Senate Sponsors B. Rankin (R)
House Committee
Senate Committee Business, Labor and Technology
Date Introduced 03/02/2021
Summary

Under current law, any person may ask the executive director of
the department of regulatory agencies or the executive director's designee
(executive director) to require a rule-making agency to conduct a
cost-benefit analysis of a draft rule or draft amendment to a rule
(proposed rule) for which the agency has filed a notice of proposed

rule-making (notice). The bill extends the time period for which such
request may be made from up to 5 days after the notice has been filed to
up to 15 days before the scheduled rule-making hearing or, if the
rule-making hearing is scheduled only 20 days after the notice was filed,
up to 10 days after the notice was filed. The agency is required to
complete the cost-benefit analysis at least 5 days before the scheduled
rule-making hearing.
The bill also specifies the following regarding a cost-benefit
analysis:
  • If the executive director determines that the proposed rule
would likely have materially disparate effects on different
regions of the state, the agency must include in the
cost-benefit analysis a determination of the anticipated
benefits, costs, and adverse effects of the proposed rule on
different regions of the state;
  • If the executive director determines that the proposed rule
would have a negative economic or noneconomic impact,
the executive director shall inform the public by either
making a public presentation about the negative impact and
any counterbalancing positive impact at the rule-making
hearing or publishing a written report summarizing the
impacts;
  • The executive director, upon request of any party to the
rule-making or member of the general assembly or upon
the executive director's own motion, may require an agency
to update a cost-benefit analysis to reflect material changes
made to the proposed or adopted rule either before, during,
or after the rule-making hearing;
  • A member of the general assembly, no earlier than one year
after a rule has been adopted, may request that the adopting
agency conduct a cost-benefit analysis regarding the rule's
implementation; and
  • The public utilities commission, the department of natural
resources, or the department of public health and
environment, with regard to any cost-benefit analysis
conducted by that agency, shall present the cost-benefit
analysis at the rule-making hearing and allow public
testimony at the hearing regarding the cost-benefit analysis.

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