AN ACT TO LIMIT NEW AGENCY REGULATORY REQUIREMENTS THAT RESULT IN SUBSTANTIAL ADDITIONAL COSTS. Summarized in Daily Bulletin 2/1/11, 2/8/11, 2/9/11, and 3/7/11. Enacted March 25, 2011. Effective March 25, 2011.
Bill Summaries: S22 APA RULES: LIMIT ADDITIONAL COSTS (NEW).
Summary date: Mar 28 2011 - View Summary
Summary date: Mar 7 2011 - View Summary
House committee substitute makes the following changes to 3rd edition.
Amends proposed GS 150B-19(7) to clarify that an agency may not adopt a rule that results in substantial estimated additional costs (was, additional costs) as defined in proposed GS 150B-2(8c) to those subject to the rule, unless adoption of the rule is required to respond to one of the specified exceptions.
Adds new subdivision (8c) to GS 150B-2 defining substantial estimated additional costs to mean an aggregate financial impact on all persons subject to a proposed rule of at least $500,000 in a 12-month period. Specifies factors to be used by an agency in analyzing substantial estimated additional costs. Sets the act to expire July 1, 2012 (was, January 1, 2013).
Makes conforming changes to the title to reflect the additional bill content.
Summary date: Feb 9 2011 - View Summary
Senate amendment makes the following changes to 2nd edition. Sets the act to expire on January 1, 2013.
Summary date: Feb 8 2011 - View Summary
Senate committee substitute makes the following changes to 1st edition.
Amends GS 150B-19(7)(b.) to clarify that an agency may not adopt a rule that results in additional costs to those subject to the rule, unless adoption of the rule is required to respond to an act of the General Assembly or the US Congress that expressly requires the agency to adopt rules (or one of the other retained exceptions applies).
Summary date: Feb 1 2011 - View Summary
Amends GS 150B-19 to prohibit an agency from adopting a rule that results in additional costs for those subject to the rule unless the rule must be adopted in order to respond to: (1) a serious and unforeseen threat to public health, safety, or welfare; (2) an act of the General Assembly or Congress; (3) a change in federal or state budgetary policy; (4) a federal regulation; or (5) a court order. Applies to rules adopted on or after the act’s effective date.