AN ACT TO AMEND VARIOUS ADMINISTRATIVE PROCEDURE LAWS.
Senate committee substitute makes the following changes to the 2nd edition.
Amends the long title.
Makes organizational changes.
Enacts new GS 150B-19.4 (Requirements on rules with substantial financial costs). Prohibits an agency from adopting a permanent rule or set of rules with a projected aggregate financial cost to all persons affected equal to or greater than $100 million during any five-year period. Requires an agency's determination of the projected aggregate financial cost of a permanent rule or set of rules to comply with GS 150B-21.4(b1), and may not include any financial benefits of the permanent rule or set of rules. Requires proposed permanent rules or sets of rules with a projected aggregate financial cost of $10 million or more during any five-year period to meet one of three listed approval requirements, depending on the type of agency, and also be subject to the provisions of GS 150B-21.3(b1) as if the rule or set of rules received written objections from 10 or more persons and a bill specifically disapproving the rule or set of rules was introduced in a house of the General Assembly before the thirty-first legislative day.
Amends GS 150B-21.6 (Incorporating material in a rule by reference). Authorizes incorporation by reference of all or part of a code, standard, or regulation adopted by the federal government, in a rule, so long as the agency establishes a procedure by which any change by the federal government is reviewed and approved by the agency within 120 days of the change.
Amends GS 150B-19.3 (Limitation on certain environmental rules). Amends the limitation in that statute to apply it topermanentrules (currently, does not specify permanent or otherwise) for the protection of the environment or natural resources. Subjects a permanent rule required by a serious and unforeseen threat to public health, safety, or welfare to the limitation and legislative review provisions of GS 150B-19.4(b) and (c).
Makes amendments to GS 150B-21.3A apply to agency rule reports submitted on or after October 1, 2017 (was, May 1, 2017). New GS 150B-19.4 and amended GS 150B-19.3 apply to proposed permanent and readopted rules published in the NC Register and proposed permanent rules posted on the website of the Office of Administrative Hearings on or after October 1, 2017.
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