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House of Representatives
Session of 2019 - 2020 Regular Session


Posted: January 23, 2020 10:54 AM
From: Representative Natalie Mihalek
To: All House members
Subject: Post Promulgation Review
Currently, the primary focus of the Regulatory Review Act is to provide for the review of regulations – by the regulated community, individuals and the General Assembly – prior to their approval and implementation. While the Act allows individuals, entities and legislators to request a review of regulations that have been in effect for at least years, I believe that a more formalized process for monitoring the implementation of new regulations that impose substantial compliance costs would enhance the regulatory review process.

That is why I intend to introduce legislation that will amend this law to create a process for post promulgation review. Under this bill, a regulation with substantial compliance costs -- $1 million or more – would be subject to review and analysis by the promulgating agency of the following factors attributable to the regulation:
  • Actual gains or losses in employment;
  • Actual compliance costs.Data must be solicited from impacted individuals and entities;
  • Outreach efforts initiated by the agency;
  • Training provided to employees who must administer the regulation.

Within 180 days of the effective date of the regulation, the agency must initiate this review process. Within 2 years of the effective date, the agency must prepare and present a report of its findings to the applicable standing committees of the House and Senate.

Under this proposal, if actual implementation costs exceed the costs estimated by the agency during the proposed regulation phase by 33% or more, the agency must begin the process of preparing final-omitted regulations in order to reduce regulatory burdens and costs.

By requiring the review of major regulations shortly after their implementation and giving agencies a year and a half to assess their impact, I believe this legislation will serve to identify concerns and unintended consequences of regulatory implementation, so that they may be corrected in a collaborative manner.

Please join me in co-sponsoring this important legislation.

Introduced as HB2285