PROHIBIT PROMULGATION OF RULES

MORE STRINGENT THAN FEDERAL STANDARD

House Bill 4246 as introduced

Sponsor:  Rep. Jeff Farrington

Committee:  Regulatory Reform

Complete to 3-24-15

SUMMARY:

House Bill 4246 would amend the Administrative Procedures Act to require that a rule promulgated after December 31, 2018, not be more stringent than the applicable federal standard, unless specifically authorized by state statute. This prohibition would not apply to emergency rules, which can be promulgated without following established procedures if an agency finds that an emergency rule is necessary for the preservation of the public health, safety, or welfare.

This prohibition would apply regardless of whether the federal government has mandated that the state promulgate rules. If enacted, the bill would take effect on January 1, 2019.

FISCAL IMPACT:

The bill, as introduced, does not appear to have an immediate fiscal impact on the state or on local governments.

                                                                                        Legislative Analyst:   Josh Roesner

                                                                                                Fiscal Analyst:   Perry Zielak

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.