Bill to stop new regulations progressing

SB 22, APA Rules: Increasing Cost Prohibition will prohibit the adoption any administrative rule, including rules made by the Environmental Management Commission, that would involve any cost, except for certain rules required by law. The bill was passed by the Senate Agriculture, Environment, Natural Resources committee on Tuesday, 2/8. On the Senate floor Wednesday 2/9 the bill passed the second and third readings. Sen. Bob Atwood (Dem. Orange) introduced an amendment to end the prohibition on January 1, 2013.

The only vote against the bill was from Sen. Eleanor Kinnaird (Dem. Orange). The bill now goes to the House.

Senate bill will stop regulations

Many environmental regulations that help to protect our water and air are adopted by agencies of the executive branch of the state, such as the Environmental Management Commission. The EMC was the agency that wrote and adopted the complex set of rules designed to protect the Jordan and the Falls Lake reservoirs.

Under a Senate Bill, SB 22, no agency would be able to adopt a regulation that has any cost to the regulated party. Since all rules have some cost, such as the cost of sending out a memo to employees or making a photo copy of the rule, that law would apply to almost every regulation. There are a few exceptions, such as when Congress, the courts, or the General Assembly require that a rule be adopted.

The bill was adopted by the Senate Agriculture/Environment/Natural Resources committee today (Tuesday, 2/8/11) and will face its first of two votes in the Senate tomorrow (Wednesday, 2/9/11). It should be noted that the same bill passed the Democrat controlled Senate during the last session but failed to pass the House.