Relates to state mandates on local governments and detailing the benefits and costs of proposed rules

Title of bill

An act to amend the state administrative procedure act, in relation to state mandates on local governments and detailing the benefits and costs of proposed rules and to repeal certain provisions of such act relating thereto

Purpose or general idea of bill

Amends State Administrative Procedure Act (SAPA) to provide that state agencies must obtain and disclose more detailed fiscal information than is currently required about proposed rules that would impose compliance costs on local governments.

Summary of specific provisions

It would:

* expand fiscal information requirements to all agencies' rulemakings.

* define "local government" to include counties, cities, towns, villages, and school districts.

* ensure that the assessment of public comments prepared for a revised rule making will take into account estimates of the cost impact of rules which differ significantly from the agency's estimates, and provide these comments to executive and legislative officers who oversee rulemaking.

* provide for expanded information in the regulatory impact statement accompanying a proposed rule on the benefits and costs associated with the rule, and address both positive and adverse cost impacts.

* require agencies to develop and post on their website procedures to ensure that interested parties have an opportunity to participate in the development of their rules.

* require that, when an agency's proposed rule would impose costs on a local government, the agency must describe what sources of funding may be available to local governments to implement the rule's requirements.

Justification

Rules promulgated by state agencies often have a substantial impact on the lives of the state's residents and the operations of local governments and businesses, and therefore should be adopted through a process that provides for the open and fully realized consideration of potential costs and benefits of regulatory action.

Prior legislative history

This is a new bill.

Fiscal implications

Unknown.

Effective date

The first of September next succeeding the date on which it shall become a law, and shall apply to any rule for which a notice of proposed or revised rulemaking or a notice of adoption is first prepared on or after such date.